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How the “baseball rule” can impact your personal injury case

August 18, 2015 | AS Personal Injury Lawyers

Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What can you sue for in a personal injury case?”

A recent article out of St. Louis discussed a woman who was injured by a flying object and has now sued the restaurant where she suffered her injury. The woman complains of seemingly serious injuries, yet many experts believe her case is likely to be tossed out of court. The reason has to do with something referred to as the “baseball rule” and can have an important impact on personal injury cases. To find out more, keep reading.

Settlement Mills IV: The pros and cons of settlement mills and suggested solutions

June 11, 2015 | AS Personal Injury Lawyers

Matthew R. Arnold of Arnold & Smith, PLLC answers the question “If I am injured in a car accident or at work what should I do?”

When a personal-injury claimant’s case is turned down by a lawyer or law firm because the value of the claim is too low, the claimant has three choices. The claimant can not file a claim at all, can handle the claim on one’s own, or her or she can contract with a so-called “settlement mill” to resolve the claim.

Dream home turns into nightmare due to developer’s shoddy work, man claims

March 31, 2015 | AS Personal Injury Lawyers

Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What should I do if I have been injured by another party but I can’t afford a lawyer?”

Humayun Akhtar purchased a parcel of real property in Florham Park, New Jersey where he planned to build a dream home for him and his wife. The dream home turned into a nightmare for Akhtar after a plumber discovered cracks in the structure’s foundation. Eight years after the home’s construction, Akhtar and his wife have yet to live a single night in it.

Woman representing late husband’s estate sues herself over accident that killed him

March 3, 2015 | AS Personal Injury Lawyers

Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What exactly is a wrongful death claim?”

Woman causes husband’s death, sues herself for negligence, wins, then pays herself the money. If one believes the headline, it is true. A closer look reveals the headline is only partially true.

On December 27, 2011, Barbara Bagley lost control of the vehicle she was driving in a Nevada desert and struck a sagebrush, causing her car to flip over. Her husband, who was a passenger in the vehicle, passed away nearly two weeks later as a result of injuries sustained in the crash.

Bagley became the personal representative of her late husband’s estate, meaning she is the person empowered by law to collect her late husband’s assets, pay claims of his creditors, and distribute proceeds of the estate to heirs.

Part of the assets of an estate—depending on the state in which one resides—are proceeds from claims that were filed or may have been filed before or after a person’s death.