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Personal Injury Law Legal News & Articles

When Is Settling a Claim in Your Best Interest?

When trying to receive compensation after a personal injury, you probably think your main goal is to win. However, in many cases, settling can be your best bet to receiving the most significant cash settlement versus nothing at all. If there’s a chance you may receive nothing at all, or the discussions could extend over the course of several years and delay financial compensation, it may be in your best interest to settle your claim. When Should I Settle A Personal Injury Claim? In most cases, an insurance company will negotiate with you and your legal team and make a settlement offer...

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A Motorcyclist’s Guide to Protecting Yourself Legally

Motorcyclists share the road with cars and trucks, but motorcyclists carry far more risk. According to the NHTSA, motorcyclists are 29 times more likely to be killed in an accident compared with someone driving or riding in a passenger vehicle. Understanding what you can do to protect yourself before and after an accident can make a massive difference for your safety, financial health, and legal protection. What Can I Do To Protect Myself Before A Motorcycle Crash? The best way to protect yourself from a motorcycle crash is to not get in one. Start by driving responsibly, following speed limits, carefully taking curves,...

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What to Do If You are Injured by a Commercial Truck

More than 130,000 people suffer injuries due to commercial truck accidents each year. Truck accidents have risen 52% since 2009. Nearly 5,000 people die a year from truck accidents, but those who survive can deal with severe injuries that affect everyday life, their ability to work, and more. A commercial truck can weigh as much as 80,000 pounds, so the injuries someone in a passenger vehicle often sustains can include: broken bones, neck injuries, burns, spinal cord injuries, or even organ damage. Many survivors also deal with post-traumatic stress after a truck accident. Can I Sue A Commercial Truck Driver If I'm...

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Legal Responsibilities of Construction Companies in N.C. for Worker’s Compensation

North Carolina requires construction companies to have worker's compensation for all employees to ensure that they can receive monetary support if someone injures themselves on the job. However, if you seek worker's compensation without the help of an experienced attorney, you run the risk of not getting the full benefits you deserve or, worse -- receiving none at all. I'm A Contractor. Do I Still Qualify For Worker's Compensation? Working in the construction industry presents more danger than many other jobs. Because of this, the state of North Carolina requires construction companies to uphold a duty of safety to their employees. Employers, site...

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How is Wrongful Death Defined in NC?

Any death feels tragic, but unfortunately, some deaths didn't need to happen because of neglect, a crime, or oversight. In North Carolina, if someone dies because of another person or entity's legal fault and wrongdoing -- regardless of its intentional or unintentional action -- the executor of the deceased's estate may be able to file a wrongful death lawsuit for compensation. How is Wrongful Death Defined in NC? In North Carolina, the law defines wrongful death as caused "by a wrongful act, neglect, or default of another" person or entity. The actions that can be considered causing a wrongful death are similar to...

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Attorney John Padilla Nominated As Member of Multi-Million Dollar Advocates Forum

Multi-Million-Dollar-Advocates-Forum-Award-John-Padilla-Personal-Injury-Attorney-Durham-NC

Attorney John Padilla has been nominated to become a member of Multi-Million Dollar Advocates Forum® and The Top Trial Lawyers in America®! The organization was created by a California trial lawyer to recognize the skills, experience, and accomplishments of trial lawyers who had won large and complex cases....

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What Facts and Evidence Should You Gather at the Scene of a Car Accident?

The aftermath of a car accident can cause a haze, panic, and the urgent need to seek medical care. While caring for any injuries after a car accident should be your priority, gathering facts and car accident evidence at the scene once you’ve been cared for can make a big difference in who ends up paying for all the medical bills and the car accident repairs. North Carolina is a tort-based state, meaning whoever is responsible for the accident must pay, so the evidence will help prove that. What Accident Scene Evidence Should I Gather At The Scene Of A Car Accident? Once...

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What to do If You Suspect You Have an Occupational Illness

Perhaps you have a perpetual cough, a rash that covers your body, or worse, a cancer diagnosis, and you're worried your sickness came from your job. Suppose you suspect you have an occupational illness. In that case, legal action (for workers’ compensation because of an occupational disease) can help you recover monetary compensation to pay for treatment and reimburse any lost wages you suffered because of missed work due to the illness. What Is Considered An Occupational Illness? If you suspect you have an occupational illness, first, it's essential to find out if, legally, your disease is considered work-related and often covered. Workers'...

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Defining Pedestrian Right of Way

Motor vehicle accidents kill 5,000 pedestrians and injure nearly 65,000 people walking each year. Any type of car accident that results in death or injury is tragic, but how do you know if it was the driver or the pedestrian who had the right of way? When Do Pedestrians Have The Right Of Way? Pedestrians’ right of way is well defined legally in intersections, where cars and walkers most frequently meet. When the light is green, and the walking signal is on at an intersection with stoplights and turn signals, cars must yield to pedestrians and allow them the right of way. When...

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Do I Want My Case to Go To Trial?

When you're involved in a personal injury or worker's compensation lawsuit, you want the biggest payout possible to compensate for your injuries. But does that mean you want your case to go to trial? Keep in mind that more than 90 percent of personal injury cases are settled before going to trial, according to the U.S. Department of Justice. Do I Want My Workers Compensation Case To Go To Trial? A trial can pose a significant risk or a big reward when you sue for workers' compensation. A jury might find the defendant not guilty in creating circumstances that contributed to your...

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