Rideshare accident liability and insurance protection In our ever growing and advancing society, it appears that companies such as Uber and Lyft have taken over traditional cab services. So, what exactly is Uber and Lyft? Uber and Lyft are ridesharing services that arrange shared rides on very short notice, through a smartphone app. https://rideshareapps.com/ride-sharing-companies/. Are…
Subrogation Rights & Liens Did you know that the federal and state government, as well as health insurance companies and hospitals, may have the right to assert a lien against any personal injury settlement you may receive? The insurance company has the right to be reimbursed for any money they paid on your behalf when…
Understaffed Nursing Homes Nursing homes are notoriously understaffed. Studies have shown that residents who live in understaffed nursing homes are at a greater risk of malnutrition, weight loss, bedsores, dehydration, infections, and pneumonia. Furthermore, as the patient to staff ratio increases, neglect and abuse occur more frequently. The neglect and abuse suffered by patients can…
Medical Malpractice in the Emergency Room More than one hundred thirty-six million (136.9) people visit hospital emergency rooms in the United States each year. The number of injury-related visits: 39.0 million; number of visits per 100 persons: 43.3; number of emergency department (ED) visits resulting in hospital admission: 12.3 million; number of ED visits resulting…
Filing a Personal Injury Claim: Step-by-Step Suffering a personal injury can be devastating regardless of the severity of your physical and emotional injuries. Hiring an attorney to help you recover for your losses is the first step to getting your life back, to the extent you can, and move forward. To that end, it can…
Gallbladder Removal: A Routine Surgery Gone Bad The gallbladder is a pear-shaped organ located under the liver on the right side of your abdomen. The function of this organ is to store bile, which contains bile acids that are vital for the digestion and absorption of fats and fat-soluble vitamins in the small intestine. One…
Maternal-Fetal Infections Perinatal infections account for 2%-3% of all congenital anomalies. Some common maternal infections, such as the flu, the common cold, or a stomach virus, will most likely not have any impact on the pregnancy, but there are a few maternal-fetal infections which can result in serious health consequences for your unborn child (NIH).…
Is a Hospital Liable for a Doctor’s Medical Malpractice? If you have ever been to a hospital for a procedure—or an emergency room visit? If the answer is yes, then you know the bills come in quickly and usually from more than one medical provider. For example, you go to your local emergency room for…
If an officer stops a driver for reasonable suspicion of impaired driving, but then the officer subsequently determines that the driver is not impaired, must the officer immediately let the driver go? It depends on whether there is a drug-sniffing dog on the scene. The Fourth Amendment protects us against unreasonable searches and seizures and…
A typical DWI scenario might be a police officer observes a car repeatedly cross the center line, and then the officer stops the driver based on reasonable suspicion of impaired driving. However, what if instead the police officer observed a more minor traffic infraction such as a seatbelt violation or a burned out headlight and…
Earlier today, a Hickory woman was convicted of her fourth impaired driving offense in less than ten years. She was first convicted of DWI in Catawba County in July 2005 and July 2007. She was later convicted of DWI in Alexander County in March 2010. The latest conviction stems from an offense back in December…
The US Supreme Court had a busy day yesterday to begin its new term. Not only did they send the media into a frenzy by declining to review several same-sex marriage cases, effectively legalizing gay marriage in potentially 11 more states, they also heard oral arguments in the case Heien v. North Carolina. Heien is…
If you’ve checked the weather report, you know that fall is in the air this weekend. And with fall comes the start of a new term of the United States Supreme Court. On Monday, the Supreme Court will begin its new term by hearing arguments in the case Heien v. North Carolina, which I discussed…
The Raleigh New and Observer reported that a man with four DWI charges was in court again on Monday. The man’s name is Rabah Samara, and his first DWI charge occurred in 2003 when he drove a friend’s car away from an accident which resulted in the death of Stephen Gates, a Tar Heels Sports…
The Charlotte Observer reports that nine people were arrested for impaired driving at a checkpoint on Albemarle Road last night. The checkpoint was set up by the Charlotte Mecklenburg Police Department and its DWI Taskforce and took place from 11 p.m. last night until 3:00 a.m. this morning. In addition to the nine arrests made…
Last week the North Carolina Court of Appeals issued an opinion in the case State v. Shaw which held that a defendant who pleads guilty to impaired driving does not have a statutory right to appeal the sentence imposed when the State fails to to give notice of its intent to seek a grossly aggravating…