How Do I Collect a Jury Award?

April 29th, 2016

So you have won your case in civil court. Now what? Even if the judge determined that you were due a monetary award, it doesn’t mean that the losing party is going to pay up. The other party in the case may simply refuse to pay you the money you are owed, or they may not have the means with which to pay you. In either case, it can be difficult to determine what you should do. Here are a few things to keep in mind after the judge tells you that you are entitled to compensation.

1. People who are financially stable rarely refuse to pay judgments. They do not want a collection agency coming after them or, worse yet, a judge.

2. If a person or business is experiencing financial hardship, you may find it very difficult to collect your judgment without a fight.

3. In many states, courts allow for post-judgment discovery. During this process, the losing party must disclose their sources of income and other assets.

4. You can garnish someone’s wages. When you win a case against an individual and they refuse to pay, your attorney can schedule a hearing with the court Read more

Posted In: Uncategorized

Recovering From a Brain Injury After a Motorcycle Accident

April 27th, 2016

motorcycle accidentThe first few weeks after a brain injury can be worrisome. Victims often experience swelling, bleeding or changes in brain chemistry. These issues can affect the way that brain tissue functions. While many people improve from brain injuries, some do not. How a person recovers depends on the injury and the individual.

Despite the difficulty in determining exactly how a patient will recover, there are generalities that can be considered. Typically, people experience the greatest amount of recovery within two years of the injury. After this, recovery may halt or slow dramatically. It is not to say that a person cannot return to full function, but that they may be very slow to do so.

When a person is recovering from a traumatic brain injury after a motorcycle or any other type of accident, medical professionals rate their recovery using the Rancho Los Amigos Levels of Cognitive Functioning. This scale is as follows:

Level 1: No response.

Level 2: Responses are not consistent and not directly in response to stimuli.

Level 3: Responses are inconsistent but in response to stimuli.

Level 4: Patient experiences agitation and confusion.

Level 5: Patient is confused and inaccurately responds to commands.

Level 6: Patient Read more

Posted In: Motorcycle Accidents

The Most Common Gym Injuries

April 25th, 2016

No matter what your fitness goals, sustaining an injury certainly isn’t one of them. Unfortunately, there has been an increase in injuries at gyms across the United States in recent years. According to the University of Arkansas, that increase totals 35 percent.

There are several mistakes that can lead to workout-related injuries, but the two most common are poor posture during the day and trying to do too much too fast. People need to keep in mind that they are going to the gym to get in shape. They need to take it slowly.

Here are the five most common injuries sustained in gyms:

1. Foot and Ankle Injuries

Injuries to the foot and ankle often occur because the feet are out of shape. People rarely think of their feet being unprepared for the gym, but the truth is that much of our weight rests on the front of the foot. This can cause your feet and ankles to take the force of any impact, including impact at the gym. Proper shoes are the key to preventing some of these injuries.

2. Knee Injuries

Again, our sedentary lifestyles and poor posture mean that our knees are not entirely ready for Read more

Posted In: Personal Injury

Understanding Economic, Non-Economic and Punitive Damages

April 22nd, 2016

When you sue someone for a personal injury, you know that you may be entitled to compensation. What begins to be confusing is exactly what type of compensation you are entitled to. If you believe what you see on television, you assume that you are entitled to hundreds of thousands of dollars in compensation for your injuries. Don’t believe what you see on TV. In truth, you may be entitled to economic and non-economic damages and, in extreme cases, punitive damages. Here’s a brief overview of the three.

Economic

Economic damages are those for the money you lose. In other words, you will receive compensation for past and future medical care, the loss of earning, loss of the use of your property, the money you had to pay to have property repaired or replaced, the loss of employment opportunities, and even reimbursement for domestic services that were necessary.

Non-Economic

Non-economic damages are for non-monetary losses. These may include pain, inconvenience, emotional distress, loss of companionship and loss of enjoyment of life.

Punitive

Punitive damages are those that are awarded to a plaintiff as a way to punish the defendant. The purpose of punitive damages is to deter the defendant from Read more

Posted In: Punitive Damages

Mother Speaks Out About Daughter Killed by Texting and Driving

April 20th, 2016

In Amanda Clark’s senior project, she wrote about the accident that almost claimed her life. She was talking on the phone while driving and ran a stop sign. As a result of her failure to stop, she was broadsided by another vehicle. Her Chevrolet Trailblazer rolled three times and landed on its roof. Clark walked away from the accident with only scrapes and bruises. The accident occurred in 2006.

In her paper, Clark wrote:

“I believe everything happens for a reason and the reason for my car accident is to let me know that I need to slow down and pay more attention. I know that I need to change the way I have been living my life. My phone and talking to my friends put me in danger. I realize how easy it is for my life to be over because I wasn’t paying attention.”

In 2007, Clark was killed in a car accident. It was almost a year to the day of her first.

Driving on the Highway 5 bypass on her way to Manteca, California, Clark was texting someone she knew. She lost control of her car. According to reports, it took 40 minutes to Read more

Posted In: Car Accidents, Distracted Driving

The Difference Between Contributory and Comparative Negligence

April 18th, 2016

car accidentProperty is damaged in car accidents every day. In many cases, people are injured in these accidents. One of the first questions asked is: “Whose fault is it?” Contributory and comparative negligence can answer this question. But how? Let’s discuss both.

Negligence in Accidents

Negligence is a term freely tossed about after an accident, but you may not be clear on what it means. In a court of law, negligence means that someone acted in a way that a reasonable person would not have. When someone’s negligence causes another person to be injured or property to be damaged, that person is legally responsible for paying for the damages or making restitution.

If you hope to win a negligence claim, you and your attorney will have to prove:

  • The defendant had a duty to act reasonably
  • The defendant failed to act reasonably
  • The defendant’s actions caused your injuries
  • You actually suffered injury

Contributory Negligence

In North Carolina, courts consider contributory negligence when deciding personal injury cases. Contributory negligence is the conduct that creates a risk to yourself or another. An individual, according to the law, has the responsibility to behave in such a way that another reasonable person would. When they Read more

Posted In: Personal Injury

Should You Ever Represent Yourself in Court?

April 15th, 2016

Picture this: You are watching a crime drama on television and the accused is standing before a judge. The accused criminal is absolutely insistent on representing themselves in court. The judge strongly advises the person that this is a terrible idea.

Most of us have seen those episodes and, if not, have at least heard that it is never a good idea to represent yourself in a criminal trial. While it is rarely a good idea to put your faith in television shows, in this case you would be right to do so. It is rarely, if ever, a wise move to represent yourself when you are accused of a crime.

What about a civil trial? You don’t stand any chance of going to jail or prison and, if we are being honest, you simply can’t afford an attorney. The good news is that representing yourself in small claims court or through a civil trial is something you can do effectively. Here are questions that we are often asked when people are considering representing themselves in these types of cases.

1. Can I hire a part-time lawyer?

Yes. The answer to the question posed is always ‘yes,’ and hiring a Read more

Posted In: Personal Injury

How Fitness Trackers are Being Used in the Courtroom

April 13th, 2016

It’s easy to argue in a personal injury case. After all, who is to say the person was really injured? How do you prove that someone who was hurt is deserving of compensation for their medical bills? Until recently, legal experts, including almost any personal injury lawyer in North Carolina, relied on the experience and expert testimony of doctors.

Today’s modern technology is making an appearance in personal injury cases. A law firm in Calgary put technology on the stand, so-to-speak, in 2014 by using data from a Fitbit to show how an accident affected their client. But how?

According to what is known, a woman was injured in a car accident four years ago. Fitbits weren’t available then, but she was a personal trainer at the time. Her lawyers plan to use information from the Fitbit the woman purchased after the accident to show how her activity levels have declined. They plan to prove that her activity level is lower than that of someone of her similar age and profession.

The Fitbit itself didn’t take the stand, but the data from it was used as testimony to the woman’s decline in physical activity. The information from the fitness tracker Read more

Posted In: Personal Injury

What Happens if You Say ‘No’ to Workers’ Comp

April 11th, 2016

As a small business owner, you may be considering foregoing workers’ comp insurance for your employees. You have looked into the insurance and the premiums are simply higher than you can afford right now. Not to mention the fact that those premiums will rise even higher as you add more employees to your company. Is skipping out on workers’ comp insurance a smart move? The short answer is ‘no.’ The long answer is a bit more complex.

1. Accountability

When you decide to hire even a single employee, you do so with a promise to provide financial assistance should they be hurt on the job. It’s the law. If you choose to not purchase workers’ comp insurance, you are setting yourself up for a lawsuit that could financially ruin your business if one of your workers gets hurt.

2. Out-of-pocket Costs

You may think that you would be better off just paying for your employee’s medical expenses out of your own pocket should an injury occur. After all, your employee may never be injured, so why throw money away on premiums? It’s a reasonable thought, but consider that paying a premium each month is almost always cheaper than paying Read more

Posted In: Workers' Compensation

What to Bring to Your Consultation

April 8th, 2016

Taking that first step and scheduling a consultation with an attorney after you have been injured can be stressful. This is especially true if you have never had to hire an attorney to represent you. What do you need to do to prepare for that first meeting?

We always recommend leaving the legal work to our team, but there are some things that you can do to assist us. Namely, you can provide us with as much information as possible to ensure our initial meeting goes smoothly. Here are five things you will want to gather and bring to your consultation.

1. Your Questions

The initial consultation is the time to ask any questions that you have. You will want to get to know our team, and you will want to determine if we are a good fit for you and your family. Jot down any questions you would like to ask as you think of them, and bring your list with you.

2. A Timeline

Your memory of the accident will be less clear as the days pass. One of the most important aspects of your case will be fault. In order for your attorney to prove who Read more

Posted In: Personal Injury
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