Pedestrian injuries in the state of North Carolina, and specifically in Charlotte have been an increasing problem. Charlotte is especially vulnerable to some of these accidents for a variety of reasons. Charlotte is growing rapidly and with the increased population comes increased risk for those on the roads. North Carolina only trails Texas, California, Florida,…
Following a car accident you may receive dozens of legal advertisements in the mail. These advertisements are from personal injury lawyers attempting to get your business. Many times these lawyers found you by hiring third parties to purchase and review car accident reports. The police report (technically referred to as the NC DMV form 341)…
In our ever evolving society, people are striving for new ways to make their lives more efficient. One source of efficiency is by adapting an alternative method of transportation. This is often achieved by utilizing public transport, carpooling, ridesharing or bicycling. Bicycling is not only a way to reduce transportation costs, for many, it is…
The Dangers of Distracted Driving In the age of social media and constant communication, distracted driving is a leading cause of motor vehicle accidents. Every day, 9 people in the United States die from distracted driving. Almost 80% of crashes and 65% of near crashes involve some sort of driver inattention within three seconds before…
Filing a medical malpractice lawsuit in North Carolina carries specific legal requirements. Failure to follow said requirements may result in having your lawsuit dismissed (and possibly unable to refile). This article looks at the specific legal requirement to hire an expert to review the medical records prior to the lawsuit being filed. This rule, referred…
The Implications of Governmental Immunity Meinck v. City of Gastonia NC Supreme Court (October 2018) Governmental immunity provides local government immunity from tort-based claims. This means that officials or entities are allowed immunity, when acting in connection with their governmental duties. However, this immunity is not provided to the government actor or agency if the…
What is an Appeal? In every personal injury case, the plaintiff has the right to a jury trial. The outcome in any case is not guaranteed. In some cases the outcome may not be the one intended or expected. This is where the Appellate courts come in to play. A case is heard on its…
Cauda Equina Syndrome Misdiagnosis Cauda equina syndrome (CES) arises through damage or compression to the cauda equina (Latin for horse’s tail). The Cauda Equina is a bundle of nerves at the lower end of the spinal cord in the lumbosacral spine. The bundle of nerves sends and receive messages to and from your legs,…
North Carolina’s Disclosure of Body Cam Footage Laws Transparency in law enforcement is at the forefront of public policy issues now more than ever. Disclosing body cam footage worn by law enforcement is at the center of it all. Does the government’s need to closely guard the use of force and the conduct of its…
The relationship that a client has with his client is one of the most important relationships that one will have in his life. Most importantly, the relationship is built upon trust. Even when an attorney is representing a client with criminal charges, and the client is hesitant to reveal all details to his attorney initially,…
If you’re on our webpage then you’re in the market for a lawyer but it’s very likely that you have already been inundated by letters, you’ve looked at web pages and you’ve talked to friends. But the question is still there: How do I decide which lawyer to hire? Here are some do’s and don’ts:…
How Rosensteel Fleishman Helps to Deal with Union County Traffic Tickets Drivers everywhere must be educated on the law of the road. There are numerous types of traffic violations that you can commit if you are not aware of the law. Even if you are aware, there are certain technicalities that may get you a…
Traffic Tickets Attorney in Gastonia It’s nearly impossible to maintain clean driving record throughout adult life. When we can literally count the hours in a week we spend behind the wheel, running a red light, or going past the set speed limit is almost inevitable. We are still far from the age of driverless cars,…
Charlotte Traffic Ticket Attorney A moving violation such as running a red light rule or a non-moving traffic violation such as a registration or inspection ticket are seemingly minor infractions. However, said violations can still result significant repercussions for individuals. NC Traffic violations can be expensive and time consuming since many violations require your appearance…
Driving Under the Influence of Opioids Spikes More than two million Americans are addicted to, or abuse opioids. Opioids are a class of drugs which include illegal drugs such as heroin, synthetic opioids such as fentanyl, and pain relievers legally prescribed by treating physicians, such as, among others, oxycodone (OxyContin®), hydrocodone (Vicodin®), codeine, and…
Fourth Amendment Rights The Fourth Amendment of the U.S. Constitution provides that the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.…
Distinction Between DUI and DWI DUI designates driving under the influence, while DWI refers to driving while intoxicated. However, North Carolina’s Safe Roads Act of 1983 repealed previous laws on drunk driving and placed all drug and alcohol related driving laws under a single offense, which is driving while impaired (DWI). BAC Blood alcohol concentration—or…
The Court of Appeals issued an opinion today which involved the issue of retrograde extrapolation and expert testimony. The court applied the Daubert standard for expert testimony under the amended Rule 702. However, its conclusion in allowing the expert testimony did not differ significantly from the standard previously used under Howerton. In State v. Turbyfill,…
A Mothers Against Drunk Driving activist in Asheville is advocating for harsher penalties for those convicted of DWI while driving with a child in their car. Although people who are charged with impaired driving while driving with a child in their car are also often charged with misdemeanor child abuse, the activist argues that this…
Fourteen people were arrested for impaired driving at a checkpoint in Raleigh this weekend. The checkpoint was held from 11 p.m. Friday night until 2 a.m. Saturday morning. In addition to the 14 arrests for DWI, there were also 4 driving-while-license revoked charges, 2 other traffic charges, 5 drug charges, and 2 DWI-related vehicle seizures.…
Last month, the Raleigh News & Observer saw a battle of editorials relating to the bills in the North Carolina General Assembly that would require all people convicted of DWI to use an ignition interlock for a period of time. An editorial on July 23rd by the News & Observer Editorial Board argued for the…
Today, the North Carolina Court of Appeals issued an opinion today which examined the extension of a traffic stop to conduct a dog sniff in a post-Rodriguez world. Prior to the U.S. Supreme Court’s issuing of Rodriguez v. United States in April of this year, the officer would have been able to use a de…
The Implications of Governmental Immunity Meinck v. City of Gastonia NC Supreme Court (October 2018) Governmental immunity provides local government immunity from tort-based claims. This means that officials or entities are allowed immunity, when acting in connection with their governmental duties. However, this immunity is not provided to the government actor or agency if the…
Workplace Sexual Harassment and What You Should Know Sexual Harassment Sexual harassment is a hot topic in today’s headlines. Hollywood’s elite, politicians, athletes, journalists, musicians, and sports figures alike are under fire amid allegations of inappropriate behavior and unwanted sexual conduct. These are public figures so their salacious behavior makes the news. Sexual harassment doesn’t…
Medical Records and Your Rights Following a car accident or some other personal injury action an individual will eventually find themselves being treated for their injuries. In order to substantiate your injuries and pursue your case, your lawyer needs to obtain a copy of your medical records. The process is relatively simple—we will send a…
Social Media There is a plethora of information, among other things, on the world wide web, including the popular and ever growing phenomenon of social media, such as, to name a few, Facebook, Twitter, YouTube, Snapchat, Instagram, Pinterest, and Google. According to a 2014 survey by Pew Research Center, 74% of adults frequently use social…
Generally, when an insurance company denies an insured policy benefits, the insured may be entitled to compensatory and/ or punitive damages depending on the circumstances warranting the denial. There is an abundance of cases that demonstrate damages that may be available to a beneficiary after benefits have been denied. Without a legitimate reason for denying…
Memorandum In Re: ERISA and Subrogation in North Carolina North Carolina personal injury law is complex. Not only do plaintiffs have to deal with the laws of negligence (premises liability, motor vehicle, medical malpractice) you have to deal with HIPPA, Medicare, Medicaid, as well as the state and federal laws dealing with health insurance Subrogation,…
Our personal injury lawyers have handled numerous cases, which have been denied by the insurance company, when the plaintiff was intoxicated. Many insurance adjusters assert, incorrectly, that intoxication, standing alone, is evidence of contributory negligence. However, intoxication alone is not grounds for a jury instruction of contributory negligence if it is not a proximate cause…
Following a bad car accident, which results in serious injuries, eventually someone is going to pose the question regarding who is going to pay for the medical treatment. Initially, money is the furthest thing from peoples’ minds following an accident but sometime after the ambulance, the emergency room and meetings with doctors, reality hits regarding…
Familial DNA Matching One of the big headlines recently was the arrest of James Joseph DeAngelo, an alleged rapist and murderer. Dubbed the Golden State Killer and the East Area Rapist, DeAngelo terrorized citizens in several California communities during a ten-year period. He is connected to more than a dozen murders, 50 rapes, and numerous…
What is an Appeal? In every personal injury case, the plaintiff has the right to a jury trial. The outcome in any case is not guaranteed. In some cases the outcome may not be the one intended or expected. This is where the Appellate courts come in to play. A case is heard on its…
Policing Police Departments The internal affairs (IA) division of a law enforcement agency is an in-house investigative agency. The IA investigates allegations of misuse of public office, use of force by officers, accusations of criminal wrongdoing by law enforcement officers, and violations of agency policy. In other words, the IA’s role is to investigate and find…
Is Debtor’s Prison Making a Comeback? It is unconstitutional to impose a fine as a sentence and then automatically convert it into “a jail term solely because the defendant is indigent and cannot forthwith pay the fine in full.” Tate v. Short, 401 U.S. 395 (1971). Tate was an indigent man convicted of traffic offenses…
The United States Constitution (6th & 14th Amendments) guarantees a right to a trial by a jury of your peers in criminal prosecutions. The jury is charged with finding the facts of the case after reviewing the evidence and then decides if the defendant is guilty or not. Prospective jurors are picked randomly, typically from…
Fourth Amendment Rights The Fourth Amendment of the U.S. Constitution provides that the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.…
As unfortunate as it may be, people die every day. Some die of illnesses, health complications, unforeseen occurrence such as accidents, and others die from the hands of others, which is murder. Many times we see on the news how people have been murdered and the killer has been identified, yet charges end up getting…
Have you ever had a conversation with someone and later down the line, they denied something that they said? Or has there ever been a situation where you were not able to be present during a conversation or event, but you wanted to know what was said, which some refer to as being “a fly…
What You Should Know About Nursing Homes Making the decision to place your loved one in a nursing home is not an easy one. In fact, it is probably one of the most difficult decisions you will ever have to make for your loved one. Often, the decision must be made at a time of…
It seems standard for a cleaning crew at an airport to discover unusual things once a plane is pulled into a hangar for cleaning and prep for the next flight. Items that may be expected to be discovered include be bags, money, credit cards, hygiene products and maybe even drugs. However, some things you never…
Man’s Best Friend Most of us have seen service dogs at one time or another assisting the blind, or individuals with other disabilities. There are approximately 500,000 service dogs in the Unites States assisting the disabled so that they can live independently and manage the challenges of everyday life. shareamerica.org. Under the Americans with Disabilities…
When Should You Settle Your Personal Injury Case? Following a car accident, slip and fall or some other event, eventually the claimant will be confronted with the possibility of settling their case. A settlement can take anywhere from a few weeks up to a few years depending on the injury. There are many moving parts in…
It may seem like common sense when thinking about what happens to a personal injury settlement when a married couple separates and files for a divorce. Your initial thought may be that its marital property and you may have reached that conclusion for a variety of reasons. However, it is not quite that simple.…
Although expert testimony can touch on ultimate issues of fact, see N.C. Gen. Stat. § 8C-1, Rule 704, experts cannot testify on ultimate issues of law: [A]n expert may not testify that a particular legal conclusion or standard has or has not been met, at least where the standard is a legal term of art…
Losing someone you love is by far one of the most devastating, if not the most devastating occurrence that could happen in any person’s life. At Rosensteel, Fleishman, PLLC, our mission is to help family members find and hold accountable those persons who caused the death of their loved ones and for the ongoing grief…
TRAFFIC VIOLATIONS From time to time we are all faced with challenges that we are not expecting. Being on the receiving end of a traffic violation ticket in North Carolina is no exception. If you find yourself in need of an experienced attorney to handle your traffic violation offense, then look to the highly…
