Personal Injury

Nursing Home Residents Appear Poised To Lose Their Day In Court

August 16, 2017 | AS Personal Injury Lawyers

Charlotte Personal Injury Attorney Matt Arnold answers the question: “What information will be helpful for my nursing home negligence claim?”

It’s been bad news recently for those residing in nursing homes or with loved ones in nursing facilities. After a seeming victory last fall, when the Centers for Medicare and Medicaid Services (CMS) announced that a new rule would go into effect banning the use of arbitration agreements, there was an important setback earlier this summer. Residents and those working to change the broken system were disappointed to learn that CMS would not continue to push for implementation of the new rule banning arbitration agreements, but would instead craft a new measure, one that helps nursing facilities deny residents and their loved ones access to the court system.

What is joint and several liability?

August 9, 2017 | AS Personal Injury Lawyers

Charlotte Injury Lawyer Matt Arnold answers the question: “Should I file the property damage claim with the at-fault driver’s insurance company or with my insurance company?”

When most people are involved in an accident they do not spend time thinking about how liability will be apportioned amongst the defendants. Instead, plaintiffs in personal injury accidents are busy thinking about when they will return to work and how they will pay their mounting medical bills. Though it is understandable that personal injury victims have other more important things on their mind, liability apportionment matters a great deal and is crucial to ensuring the accident victim receives the compensation he or she deserves. To learn more about how financial responsibility for an accident is divided among defendants, in North Carolina and elsewhere, keep reading.

Recent Supreme Court Case Makes It Harder For Plaintiffs To Sue For Injuries

July 19, 2017 | AS Personal Injury Lawyers

Charlotte Personal Injury Attorney Matt Arnold answers the question: “Can I post about my injury on Social Media?”

It has been a bad summer for personal injury plaintiffs thanks to several recent decisions by the U.S. Supreme Court. In a few different cases, the Court made clear that it intends to protect corporations at the expense of injured plaintiffs, worrying over potential harm suffered by the giant companies, while ignoring the actual harm suffered by individuals. Unfortunately, a recent decision, Bristol-Myers Squibb v. Superior Court of California, continues the same worrying trend.

Medical Malpractice Damage Caps Under Fire In Florida

June 14, 2017 | AS Personal Injury Lawyers

Charlotte Injury Lawyer Matt Arnold answers the question: “Do I have to pay taxes on a settlement or jury award in a personal injury case?”

Those in Florida who have suffered serious personal injuries due to the negligent or reckless action of doctors can rejoice after a recently issued state Supreme Court ruling. While other states debate passing new and more strict damage caps, those in Florida have come under intense fire from a skeptical judiciary. Though doctors, hospitals and insurance companies may complain, victims of medical malpractice and their advocates say the recent ruling tossing out damage caps is cause for celebration.

Supreme Court Comes Down On The Side of Nursing Homes

May 17, 2017 | AS Personal Injury Lawyers

Charlotte Personal Injury Attorney Matt Arnold answers the question “What constitutes nursing home negligence?

The Supreme Court issued an important decision today impacting millions of families across the country. The Court decided to weigh into an issue that has generated increasing controversy over the past several years: arbitration agreements. After hearing the facts of the case, the Court chose to side with big business interests, in this case, the nursing home industry, over the individual families who seldom understand that these agreements exist to strip them of their rights.

Technology’s Coming Impact on Personal Injury Cases

May 3, 2017 | AS Personal Injury Lawyers

Charlotte Injury Lawyer Matt Arnold answers the question: “What is subrogation and how may it factor into my case?”

It seems recently that new technological advances are around every corner. Who would’ve thought only a few years ago that we’d have cars driving themselves or the ability to relatively cheaply operate our own sophisticated drones? Technological improvement moves at a rapid rate and this requires the legal system to move quickly to keep up. With the advent of new technology comes new ways for people to get hurt and new questions about how liability is apportioned. Though the law is adaptable, it will have a lot of work to do to answer the increasingly complex questions that will regularly be presented in the coming years. For examples of some of the looming personal injury threats, keep reading.

Guardrails Under Fire From Safety Groups

April 19, 2017 | AS Personal Injury Lawyers

Charlotte Personal Injury Attorney Matt Arnold answers the question: “What exactly is a wrongful death claim?”

Most people take comfort when they see that a road has guardrails. The barriers are supposed to be there to save lives, keeping vehicles and the people inside of them on the roadways. Though guardrails have saved countless lives, trouble can occur in some cases when defectively designed or poorly tested guardrails are installed. Rather than serving as a kind of protection, the guardrails instead created added danger and, in some particularly gruesome cases, have claimed lives. To learn more about recent concerns involving guardrails, keep reading.

British Court Rejects “Wrongful Life” Damages

April 12, 2017 | AS Personal Injury Lawyers

Charlotte Personal Injury Attorney Matt Arnold answers the question: “What exactly is a wrongful death claim?”

If you’re at all familiar with the personal injury world you’ve likely heard of lawsuits seeking to recover damages for wrongful death. Wrongful death cases include those where a person dies due to the negligence or recklessness of another person. The loved ones can then file suit (on their own and on behalf of the deceased) seeking to recover financial compensation for the harm that was suffered.

United Suffers Another PR Disaster After Security Drags Passenger Off Oversold Plane

April 12, 2017 | AS Personal Injury Lawyers

Charlotte Personal Injury Attorney Matt Arnold answers the question: “What can you sue for in a personal injury case?”

United Airlines has had a rough few weeks. It started when the airline got caught up in a Twitter storm after refusing to allow two young girls to board a plane in Denver for wearing “inappropriate” clothing. The issue was that the girls had on leggings, something that apparently violates United’s dress code. A fellow passenger took pictures and tweeted about the incident, inciting United to tweet back in a way that many found tone deaf.

Snapchat Personal Injury Case Dismissed By Judge

March 15, 2017 | AS Personal Injury Lawyers

Charlotte Injury Lawyer Matt Arnold answers the question: “What is subrogation and how may it factor into my case?”

We’re reminded on a seemingly endless basis just how dangerous personal electronic devices can be when used by drivers behind the wheel. Numbers from federal regulators show that fatal car accidents are increasing across the country and one main reason for the rise appears to be the prevalence of distracted driving. Though we all recognize the harm, at least theoretically, few appear to be willing to take concrete steps to make things better.