Archive | Personal Injury

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How ERISA-funded health plans can affect your rights

If you are involved in personal injury litigation, it is important to understand the rights of your insurers to claim a portion of any settlement you recover. In North Carolina, privately-funded health insurance policies are barred from seeking reimbursement from a personal injury settlement.  Said differently, private health insurers cannot seek reimbursement for payments made […]

Car crash

The Impact of Drunk Driving in Personal Injury and Wrongful Death Cases

DWI Cases – Unique Cases  Personal injury and wrongful death cases that involve drunk driving (driving while impaired) are a unique subcategory of personal injury/wrongful death cases.  Drunk drivers do not enjoy certain protections under the civil laws that law-abiding citizens enjoy.  For example, in the typical tort case, the victim may only recover compensatory […]

Car crash

Understanding liability basics: A handbook of negligence claims, defenses, and burdens of proof.

Navigating the healing and treatment process after a personal injury is difficult enough, but understanding the legal realities affecting your right to recovery can seem impossible.  A skilled attorney can apply the law to the facts of your particular case.  However, even a basic understanding of negligence law can allow you to feel more comfortable […]

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Case Law Update: Negligence Claims in the Medical Context

The North Carolina Court of Appeals recently issued an opinion that draws a notable distinction between medical malpractice claims and traditional negligence actions.  The distinction is noteworthy in part because of the heightened pleading standards required for medical malpractice actions.  Rule 9(j) of the North Carolina Rules of Civil Procedure requires that medical malpractice claims […]