19 September

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What To Do If a Surgery Goes Wrong

in Medical Malpractice, News, Wrongful Death

Patients hope that undergoing surgery will fix any ailments they currently have, but unfortunately, sometimes surgery can go horribly wrong, causing the patient more harm than they were experiencing before treatment. If you or a loved one experienced a surgery gone wrong, take a look at what you should do next and then contact Hyland & Padilla’s legal team right away. What Should I Do If My Surgery Went Wrong? If your surgery had an unexpected bad outcome beyond what the doctor and your medical team reasonably prepared you for, you could have a medical malpractice lawsuit. Depending on the type of harm the...

05 September

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Consumer Protection in the Era of Amazon

Posted by Staff Writer

in Consumer Protection, News

As you endlessly scroll through Amazon, irresistible low-priced items fill the screen. The app makes it easy to click "add to cart," and within two days, the product arrives at your front door. However, not all Amazon sellers are verified, which can leave consumers receiving products that don't match the description, never receive their item at all, or encounter fraudulent sellers or products, like fake N95 masks. In the era of Amazon, consumer protection has morphed to provide an extra shield to online customers. Are Websites Like Amazon Responsible For Fraudulent Sellers On Their Site? When you type in Amazon.com, it's easy to...

22 August

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What To Do If a Loved One Is Killed by a Reckless Truck Driver

Posted by Staff Writer

in News, Truck Accidents, Wrongful Death

The best legal basis for winning compensation in a truck accident is truck driver negligence. To prove a driver’s negligence, the plaintiff’s lawyer must show that the driver failed to exercise a reasonable duty of care, which caused the plaintiff’s death. How Do I Prove A Reckless Truck Driver Killed My Loved One? The first step to proving a reckless truck driver caused or contributed to the death of your loved one is enlisting the help of an experienced attorney who is familiar with North Carolina traffic laws. A strong attorney will look at photos of the accident, talk to witnesses, and...

08 August

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Legal Safety Responsibilities for Building/Construction Companies

Posted by Staff Writer

in Construction Accident, News

Construction workers face dangerous and even deadly consequences when a worksite isn’t safe, despite regulations, inspection requirements, specifications, and job safety programs. In fact, 174 people died in North Carolina in 2016 due to work-related accidents. If you’re injured on the job, or a loved one died, you may be eligible for worker’s compensation. What Legal And Safety Responsibilities Must Construction Companies Comply With? The Occupational Safety and Health Administration (OSHA) sets laws to govern safety on construction sites. For example, OSHA requires that no worker or contractor be required to work in “working conditions which are unsanitary, hazardous, or dangerous to their health...

18 July

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How Are Distracted Driving Accidents Treated in North Carolina?

Posted by Staff Writer

in Car Accidents, Motorcycle Accidents

According to the National Safety Council, auto accidents occur in a split second -- and more than 330,000 people suffer injuries every year as a result of distracted driving accidents. Most states have distracted driving laws to govern fault in these cases, but what you’re allowed varies, such as cell phone laws. North Carolina has some complicated statutes, such as you can receive calls while driving, but you can not text. Understanding what you’re allowed and prohibited from doing can help prevent an accident and enable you to know if another driver was at fault. What Constitutes As Distracted Driving In...

04 July

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What Makes a Driver “At-Fault” in North Carolina?

Posted by Staff Writer

in Car Accidents, Motorcycle Accidents

In North Carolina, if your actions contributed even one percent to the overall occurrence of an accident, you're at fault. The State is one of the most severe and unforgiving when it comes to a fault in traffic accidents. North Carolina enforces a "shared fault" or "contributory negligence" rule, which means that no one can claim monetary damages for the accident if more than one party is at fault. How Is Accident Fault Determined In North Carolina? North Carolina's contributory negligence law binds judges and juries when deciding who committed any fault in an accident and how much money a wronged party should...

16 May

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Make Sure You Collect This Info At the Scene of a Traffic Accident

Posted by Staff Writer

in Car Accidents, Motorcycle Accidents

The moments following a car accident can cause your heart to start pounding and make you feel panicked to ensure everyone is alright. Despite the anxiety you might be feeling, it’s essential to regain your focus and collect critical information at the scene of your traffic accident to ensure you can receive proper compensation later. What Information Do I Need To Collect At The Scene Of A Traffic Accident? After a car collision occurs, the police or -- and sometimes both -- your insurance company will need to decide who was at fault for the accident. To do this, you’ll need to exchange...

02 May

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Can a Death From COVID be Considered a Wrongful Death?

Posted by Staff Writer

in FAQ, News, Workers Comp Articles

More than 3.1 million people have died as a result of COVID-19. For some, they'll never know how they contracted the virus, but for others, the source is clear, and they may even have contracted it at work. If your loved one died due to COVID-19, and the conditions they contracted the virus under were not up to safety protocols, you may be wondering if their passing can be considered a wrongful death. Can I Sue If My Loved One Died Of COVID-19 They Contracted At Work? Usually, if someone dies due to an accident or disease contracted at work, the deceased's worker's...

18 April

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How a Personal Injury Case is Handled in North Carolina

Posted by Staff Writer

in News, Personal Injury Articles

If you’ve suffered an injury on the job in North Carolina, in addition to recovering from your injuries, you may be feeling anxious about how your employer and the North Carolina legal system will handle your personal injury case. The two most important things to know about personal injury cases In North Carolina are: Employees have three years to file a personal injury claim; North Carolina enforces “shared fault.” How Long Do I Have To File A Personal Injury Lawsuit In North Carolina? If you suffer a personal injury accident, such as a slip and fall on someone else’s dangerous property, you have three years...

04 April

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Immediate vs. Long-Term Workplace Injuries

Posted by Staff Writer

in News, Work Injuries

When you suffer an injury at work, filing a worker’s compensation claim can help you supplement your income while you recover. However, not all injuries are created equal. Under the law and according to the insurance company, a large difference exists between immediate and long-term workplace injuries when it relates to worker’s compensation claims. Worker’s compensation can pay for lost wages and medical bills, but workers’ compensation will pay permanent disability benefits when the injury is permanent. What’s The Difference Between Immediate Vs. Long-Term Workplace Injuries? To have your injury deemed a long-term or “residual injury,(1)” you must document why the injury causes permanent...