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Personal Injury Law Legal News & Articles

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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Protecting the Elderly From Slip and Fall Dangers

When an elderly person slips and falls, the repercussions of the injury can cause life-long limitations and stunt their independence. Knowing the risks and then what to do if someone you love does fall can help stop a bad situation from getting worse. What Are Some Slip And Fall Dangers For The Elderly? When an older adult is out and about around town, conditions on someone else's or a businesses' property may pose risks. While getting around, a wet floor, narrow staircase, changes in flooring, poor lighting, torn carpeting, or other dangerous conditions can cause a fall. If this accident happens on...

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What Constitutes Wrongful Death in NC?

In North Carolina, when your loved one dies as a result of a traffic accident, you have the right to sue for wrongful death. A wrongful death lawsuit can help the deceased person’s spouse, children, or dependents financially in a way to compensate for any lost income or extra expenses they now have the burden of as a result of the accident. What Does North Carolina Classify As A Wrongful Death? North Carolina law classifies “wrongful death” as when someone dies by a negligent act by a person or entity. A loved one must bring the case on behalf of the deceased. Similar...

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Is Your Place of Business Paying Enough Attention to Security?

As a business owner, if you fail to secure your place of business properly, you could be opening up you and your business to premises liability. If someone is injured, assaulted, or worse due to an intruder who entered the building easily due to poor security, you could be held responsible as the building owner. You should assess your security situation before it's too late to prevent a tragic incident and protect yourself legally. What Is Premises Liability? Premises liability is an extension of personal injury law. For example, suppose an area of your property poses a hazard and can cause a...

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What to know about Class-Action Personal Injury Lawsuits in NC

For victims dealing with a personal injury, you may fear that you will have to deal with a lengthy, time-consuming personal injury lawsuit on your own. However, there’s a chance other people have suffered the same injury as you, and a class-action case could help you win damages in the North Carolina courts. What Is A Class-Action Lawsuit? If other people suffered a similar injury to you, multiple people could form a “class” to sue the defendant for damages. Typically, class-action lawsuits are initiated to sue manufacturers with defective products that injure people, employers with poor work conditions, low wages, or unfair...

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How Are Cars and Motorcycles Different in Regards to Traffic Laws?

As a motorist, when you’re in an auto accident, what the other motorist was driving will affect the collision’s aftermath. Traffic laws and insurance claims differ quite a bit if the driver operated a car or a motorcycle. From the start, riding a motorcycle presents a higher risk than traveling by car. Motorcycle accidents cause death or serious injuries at a higher rate than car accidents. According to the federal government, per mile traveled in 2006, motorcycle accidents caused 35 times more deaths than car accidents. How Are Cars and Motorcycles Different in Regards to Traffic Laws? Motorcycle riders often can’t claim...

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How To Preserve Your Rights With Insurance Companies

When you’re in an accident -- whether it be auto, work-related, or a slip-and-fall -- negotiating with an insurance company will likely be a part of the process of receiving the money to cover your medical expenses and pain and suffering. However, most insurance companies are looking out for what’s best for them and trying to pay you as little as possible. So, you need to enter the negotiations knowing your rights and best practices to ensure you get the most significant settlement possible. How Do I Negotiate With An Insurance Company? If you’ve been involved in an accident, you likely will need...

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What To Do If a Surgery Goes Wrong

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...

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