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metal-barsIf you have had a family member die while in the custody of a jail or prison, you may be able to sue for wrongful death. When an inmate dies due to abuse or neglect, the family may be due compensation, but what type? The answer to that question depends on the manner of death, the type of institution, and certain other considerations.

When a family member dies while in custody, you need the assistance of an experienced attorney. Before you call for your consultation, there are some facts that may help you understand your legal options.

Basic Determinations

Before you file a wrongful death suit, consider these variables:

  • Institution: The first thing you need to determine is the type of institution your loved one was incarcerated at. Jails house misdemeanor offenders or persons awaiting trial. Prisons hold people who have been convicted of felonies or other serious crimes.
  • State or Federal: Find out if the jail or prison is a state or federal one.
  • Public or Private: Determining whether the institution is public or private will help you and your attorney decide who you will attempt to hold liable for your loved one’s death. If medical care is contracted, you may also be naming a second entity.
  • Neglect or Abuse: People die in custody of natural causes. In some cases, people die because of neglect or abuse. Your attorney will review the details of the case to determine if either one of these was the cause.

Damages You Can Recover

Typically, you will be able to recover compensatory damages in a wrongful death suit. Punitive damages are permitted, but they are difficult to prove. Ask your attorney about limitations in North Carolina.

Wrongful death in North Carolina is not something that we take lightly. If a loved one has died in the custody of a jail or prison, please call our offices for a free case evaluation. An experienced member of our team will review the details of your case and provide you with options. Call now or browse our website for more information about our firm.

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download (31)Getting into a car accident can be a traumatic experience.  As a driver, you want to know what’s going on, and you want to know it as soon as possible. Are there damages?  Is anyone else hurt? What will my mechanic say?  These are all questions that come up right after the accident.

Sometimes, however, something even more devastating happens right after the accident.  In this case, a man had gotten into an accident on I-77 North.  He was near exit 88, and wanted to have a discussion with the driver of the other car, presumably to make sure that everyone was okay.

Unfortunately, his Hyundai Genesis was probably the safest place of refuge, as the man who left his vehicle was struck and killed by another vehicle.  Other than the man who left his vehicle, everyone else was not hurt.

The Highway Patrol is looking into the causes of the crash and determining possible liability.  The man who was killed was married for over 30 years and sold medical devices.  He leaves behind a daughter and two sons.

In cases like these, it becomes necessary to involve a professional personal injury lawyer at the very beginning of the process.  Was the initial accident the fault of the man who died?  Were there extenuating circumstances?  A lawyer can help sort all of that out.  Give Auger & Auger a call and we can help you.

downloadSchools are filled with many types of dangerous but necessary equipment. Scissors, sharpeners, and playground equipment come to mind immediately, but one recent and tragic story shows how dangerous mobile folding tables can be.

In New Jersey, a seven-year-old boy was killed at soccer practice when the bench of a folding table came away from the wall where it was fastened. The 108-pound object struck the boy in head and killed him instantly. It’s not known whether the boy touched the table or bench when the accident occurred. The incident is still under investigation. The model involved in this incident folds into the wall and is held in place by a key, but when asked the superintendent didn’t know if the unit was locked at the time or not.

This isn’t the first time that folding tables have killed or injured students. The US Consumer Product Safety Commission has warned schools about the dangers of some models of folding tables. The ones involved in this incident weren’t the ones they have warned about however.

When an injury or death happens at school, parents can feel helpless. The school system is supposed to help take care of their children. School officials have many of the same rights as parents. However, all is not lost. It is possible to receive compensation for the negligence of the school. Call the offices of Auger & Auger if you believe a school should be held responsible for injuring your child.

Joan Rivers by David Shankbone NYC 2010Risky procedure. It’s a phrase that we see all too often in the cases of poor medical outcomes. We have seen the phrase more in recent news in the wake of Joan Rivers’ death. Yes, any time a person is placed under anesthesia, there is a risk. But isn’t medical technology advanced enough to minimize that risk in today’s day and age?

There is always a chance of having an allergic reaction to the drugs used to induce a state of deep unconsciousness. If we are to believe rumors, however, Ms. Rivers underwent surgical procedures a number of times, making an acute allergic reaction questionable.

You can find numbers that are on the side of risk or on the side of safety. In fact, a medical website called HCP Live reports that 10.8% of the time, anesthetics cause perioperative (or after an operation) cardiac arrest. When you look at the information from Mayo Clinic, you discover that it’s actually this: 10.8% of all cardiac arrests that occurred preoperatively were determined to be caused by anesthesia. This translates to 0.5 heart events per 10,000 patients.

This leads many people to believe that, in this case, Ms. Rivers’ death may not have been due to risk of procedure but, in fact, due to medical negligence. Let us explain.

When medical malpractice is being considered, there are two omissions on the part of medical staff that are looked for:

  • An omission or departure from usual and customary medical practice
  • That omission or departure as a substantial cause of injury or death

Just as you would not excuse an inattentive driver who caused an accident in which you sustained injury, we should be very careful in excusing the doctors and medical staff involved in Ms. Rivers’ final procedure. Where was the failure? In properly ventilating or medicating their patient.

What was to be a perhaps simple outpatient procedure resulted in the attempt at a biopsy and, ultimately, in Ms. Rivers’ death. Unfortunately, due to contradicting reports, we may never know if her death could have been avoided, but we assume, with the information at hand, that it could have been.

Any medical procedure is not without risk. This fact is the reason that patients undergo preoperative testing and evaluation. It is also why, in some cases, the results of this testing leads to the cancellation of procedures.

If you believe that you are or have been the victim of medical malpractice or believe you have a case for wrongful death, please contact Auger & Auger. Our wrongful death attorneys have the knowledge and experience necessary to make sure that you get the compensation you deserve. Do not believe everything that you are told by medical staff. Let our trained investigators look into your case and discover the facts. We are here to assist you in any way that we can – call today!

Monday morning saw a tragic accident when a mother was killed and her two children were injured in a horrifying car wreck. Silje Grayston and her two children, aged one and three, were sitting at a stop sign on Independence Blvd in their Volvo, when they were suddenly and inexplicably struck by a red RAV4. The driver of the RAV4, Caw Kam, for reasons that are not yet clear, cut across four lanes of traffic and struck the Volvo. Silje Grayston was killed on impact and her two children suffered injuries. The children were transported to a local hospital for treatment of those injuries, though their condition has not been released by authorities.

When these accidents happen that is when the services of professionals, like the Personal Injury specialists of Auger & Auger, Attorneys at Law, are needed. With a policy of aggressive representation for victims of personal injury, a focus on high quality, state wide service and excellence in the advice we provide for our clients, the attorneys of Auger & Auger are here for you. We understand that each person is different and will have unique needs, so we will personalize our services for you as we listen to your situation. If you have been injured, contact the attorneys of Auger & Auger today for your free consultation. There are no fees until we successfully obtain a settlement on your behalf.

Since the tragedy of Upper Big Branch Mine in 2010, the worst mining tragedy in forty years, the number of inspections has risen dramatically. Since 2010 there has been around eight hundred impact inspections at mine in the US. In July alone the Mine Safety and Health Administration inspected fifteen coal mines and three other mines. During those inspections they issued one hundred ninety citations and eight additional orders. While this may appear to be an indication of poor adherence to safety protocol, what it actually does is point out issues, document them and provide a workable list of goals for improving mine safety.

“It put the agency on notice that they needed to do a better job, put the operators on notice that they need to do a better job, and miners. Miners became more conscientious about some of those safety issues that they needed to be aware of.” said Dennis O’Dell, who works with the occupational health and safety for the United Mine Workers of America as an administrator.

If you have a serious personal injury claim, you don’t have to go through it alone. With over 20 years of experience, the attorneys at Auger & Auger are here to help you. Call our offices today for a free consultation, where you will speak with an attorney, not a sign up specialist. We’ll listen to your case and discuss your legal options, you don’t have to suffer alone. Call today.

Wednesday night on Highway 74, a man with several previous drunk driving and other vehicle related convictions crossed the median. His vehicle struck another vehicle head on and forced that vehicle into the path of an oncoming semi.   When police arrested him, Jose Estevez Herrera had empty beer cans on the floor of his truck and had clearly been drinking. The vehicle he forced into the path of the semi was driven by Laral Callahan and her boyfriend Paul Randall. Callahan was killed on impact and Randall had to be cut from the vehicle by EMS personnel. He later died of his injuries while being treated at a local hospital. Neighbors said that the couple had just recently purchased an RV and had been planning on traveling together.

When these accidents happen that is when the services of professionals, like the Personal Injury specialists of Auger & Auger, Attorneys at Law, are needed. With a policy of aggressive representation for victims of personal injury, a focus on high quality, state wide service and excellence, the attorneys of Auger & Auger are here for you. They understand that each person is different and they will personalize their services for you as the listen to your situation. So if you have been injured, contact the attorneys of Auger & Auger today for your free consultation. There are no any fees until they successfully obtain a settlement on your behalf.

Paul Miller was driving his cab down Woodlawn Road the night of May 3, 2013. His vehicle was hit by Justin Miller, who ran from the accident and was driving on a suspended license due to a DUI the month before.  Paul Miller died that night in an ambulance while on the way to the hospital.  Reports indicate that at the time of the crash, Justin Miller was driving in excess of 65 mph in a 35 mph zone.

When J. Miller was taken into custody, he blew a .19 according to local police.   Now, 15 months later, that lapse in judgment is sending the one-time Queens University student to prison for several years. J. Miller pled guilty to the crime of second-degree murder as a result of the crash that sent P. Miller flying from his car in the collision.

As is often the case with accidents, the damage done goes far beyond the most obvious injuries and fatalities. Families will always grieve the loss of loved ones and the injured will carry the very real pain and the remaining scars for the rest of their lives.  We are here to listen to you and answer your questions no matter what the situation. Call our offices today for your consultation, where you will speak with an attorney, not an assistant, paralegal or sign up specialist. We believe each person should be treated with the respect they deserve, not like a billing account number. We will listen to your case and discuss your legal options, you don’t have to suffer alone. Call today.

The report has come out on the result of the Pennsylvania State Environmental Protection Agency investigation into the Chevron Gas well fire back in February.  It was this blaze that killed worker Ian McKee, a 27-year-old field technician from Morganstown who worked for Cameron, a contractor for Chevron Gas.  McKee and another worker were on the well pad site when something went disastrously wrong.  The DEP reported that a well head assembly discharged an improperly secured lockpin.  The report theorized that this malfunction is what may have caused the ignition and subsequent fire.

When these accidents happen that is when the services of professionals, like the personal injury specialists of Auger & Auger, Attorneys at Law, are needed. With a policy of aggressive representation for victims of personal injury, a focus on high quality, state wide service and excellence in the advice we provide for our clients, the attorneys of Auger & Auger are here for you in your difficult and confusing moments of need. We understand that each person is different and will have unique needs, so we will personalize our services for you as we listen to your situation. So if you have been injured, contact the attorneys of Auger & Auger today for your free consultation. There are no any fees until we successfully obtain a settlement on your behalf.

File:Preston Bus Preston Bus Station PN57NFC.jpgYou may remember a tragic bus accident that made headline news about a year ago in Jefferson County Tennessee.  Recently, a feel good story was also covered for this tragic event.

Nine months post-crash, the twelve survivors of the deadly bus crash traveled back to Jefferson County to thank all of the first responders and doctors who assisted in saving their lives.  The scene this day was so much different than the panic and chaos of nine months past.  Today, they simply wanted to say “thank you”.

Tears and hugs greeted the doctors, nurses, helicopter pilot, and others; all who all aided in saving the lives of the twelve survivors.  They also mourned the loss of the six who died on that horrific day when the church bus carrying the 18 passengers blew a tire on Interstate 40.

Tire blowouts are one of the most common reasons for accidents on the road.  Michelin reports approximately 535 fatalities and 23,000 collisions per year due to a tire blowout.

Preventative maintenance to tires is a necessity in reducing the chance of a blowout.  Make sure your tires are property inflated and monitor the wear and tear of tires.

The most common reason for blowout is a puncture when hitting a curb.  Other causes are low tire pressure and tire malfunction.  If you find yourself in a situation where your tire gives out, here are some tips that you can follow.

The first thing you will hear is a very loud pop.  Remain calm, slightly accelerate to compensate for the vehicle pulling towards the side of the blowout and get the vehicle out of the way of traffic.  Once you are clear, lightly hit brakes until the vehicle comes to a stop.

The normal reaction is to hit the brakes and steer away from the pull.  This reaction is what causes most accidents.  Although scary, acceleration will actually help you maintain control of the vehicle while you get it out of the way.

If you are involved in an accident and have suffered injuries as a result, Auger and Auger can help.  We are premier accident attorneys in North Carolina. We strive for excellence and will do our best to represent you or your loved one in a manner that can assist in making you whole again following an accident that is due to someone else’s negligence.  Call us today for a free consultation.

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