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Month: June 2018

How to Try to Be Safer on NC Highways

Posted on by Cristen Bartus

As economic recovery continues to lead to more vehicles and drivers on North Carolina roadways, the number of car accidents has also increased. And along with this increase follows an uptick in injuries and fatalities.

Data from the North Carolina Department of Motor Vehicles shows an overall trend toward more crashes from 2014 and 2015. The number of motorcyclists, bicyclists, and pedestrians killed in car accidents has increased. The number of accidents involving teen drivers increased. And the number of accident fatalities has increased.

Certain Cars Offer Better Protection

Information from safety tests can help North Carolina drivers select a vehicle that will best protect them in an accident.

  • The Insurance Institute for Highway Safety recently released data on fatality rates among vehicles in the 2014 model year and equivalent vehicles in the 2012–2015 model years. The 4-door minicars showed the highest overall death rate of 87, while 4-wheel-drive large luxury SUVs have the lowest with 6.

This data corroborates previous studies which have found that, overall, smaller cars are not as safe as some larger cars.

  • The National Highway Traffic Safety Administration has examined the correlation between the age of the vehicle and the severity of injuries sustained in a collision. Not only were newer vehicles found to offer the best chances of survival in a fatal car accident, but the odds of survival decreased as the model years decreased. In fact, the driver of a car that was more than 18 years old was 71% more likely to be killed than the driver of a car that was three years old or newer. These studies indicate that newer vehicles are generally safer than older vehicles.

While it may seem as though we are stating the obvious, we are. You cannot emphasize enough the importance of being safe on the road.

Negligent Drivers, Responsibility, and Liability

North Carolina law prohibits specific behaviors in order to reduce driver negligence and potential car crashes. Some of these laws prohibit:

Every driver has a legal obligation to follow these and other safety guidelines. Besides, it is common courtesy. No matter what make, model, or year of car you are driving, each of us must accept personal responsibility for safe driving habits.

Sadly, when someone is negligent behind the wheel, not only could they potentially injure innocent victims, but they can also be injured themselves. Additionally, they may stand to lose a lot financially if found liable for the accident.

Get a Free Case Evaluation From NC Car Accident Lawyers

The experienced car accident attorneys at the Law Offices of James Scott Farrin have decades of combined experience protecting the rights of accident victims in the Raleigh, Greensboro, Charlotte, Greenville – all areas across North Carolina. Truth be known, we are among the largest personal injury law firms in North Carolina.

If you were injured in a car accident, contact us right away or call 1-866-900-7078 for a free case evaluation.

Studies have shown that, on average, car accident victims who hired a personal injury lawyer received 3.5 times more compensation for their loss than they would have on their own.3

3Insurance Research Council 1999

What You Need to Know About NC Lake Electrocutions

Posted on by Law Offices of James Scott Farrin

Electrocutions by drowning in a lake or pool are considered by some to be “freak accidents.” The reality is that they happen a lot more often than you might think, and are often the result of someone’s negligence.

Potential for Electrocution in NC Lakes, Rivers, Pools

Being electrocuted while swimming in a lake, river, or pool is not something you might consider when taking a refreshing dip. But it happens. A 17-year-old Raleigh lifeguard was electrocuted and drowned in 2017 when she tested the water at a public pool where she worked. Negligence and “shoddy workmanship” was alleged to be the reason the water became charged, and the parents have filed a lawsuit.

How Does Drowning by Electrocution Occur?

When you are swimming in water that becomes charged, your body seizes up and you are unable to move or swim away. One of the reasons you see “No Swimming” signs at public docks and marinas is to prevent electrocution by keeping swimmers at least 150 feet away from the dock, which authorities claim is usually a safe distance.

If you own a dock on Lake Norman, Lake Gaston, Kerr Lake, or on any NC waterway, or if you run electricity to any body of water, make sure a licensed electrician checks the wiring at least every two years. Incidentally electric shock can occur in any body of water, however, experts say fresh is more of a conductor than salt water.

Safety Tips to Help Deter Electrocutions in NC Lakes

  • Use a plastic ladder, rather than a metal one, so it won’t help to facilitate transfer electricity into the water
  • If you start to feel a tingle in the water, swim away from the dock, which is where most electrical issues occur
  • Check all of the wiring around your dock, including your ground fault circuit breaker.
  • Purchase a Dock Lifeguard, a device that detects electricity on your dock and in the water around your dock.

Electrocutions Can Happen Near Boats

Boats can have faulty wiring too, which can charge the water around it.  Two boys were electrocuted in a large lake while swimming between houseboats. It was determined that the wiring was faulty on one of the houseboats and it charged the water, killing one boy and severely injuring the other.

If you are a boat owner, you should have a marine electrician periodically check your boat’s wiring and fix any problems.

Electrocution Accidents, Injuries, Deaths

Electrocution is generally classified as death by electric shock. Yet, it also encompasses a wide range of injuries from contact with electricity. Here are the four primary types of electrocution injuries, as defined by the U.S. National Library of Medicine:

  • Cardiac arrest
  • Muscle, nerve, and tissue destruction
  • Thermal burns from contact with an electrical source
  • Falling or other similar injuries associated from an electrical shock

If a person is electrocuted in the water and survives, they could potentially suffer long-term effects, including:

  • Headaches
  • Amnesia or short-term memory loss
  • Mood swings
  • Mental illnesses including depression, anxiety, aggression, and schizophrenia

Drowning by Electrocution Liability

Drownings by electrocution are almost always a result of negligence, including faulty equipment and poor maintenance, human error, poor workmanship. Potentially liable parties may include:

  • Property owners
  • Power companies
  • Equipment and boat operators
  • Contractors or operators responsible for repairs and past maintenance

North Carolina Personal Injury Lawyers Offer Free Case Evaluation

If your loved one drowned by electrocution or was injured by an electrical shock of any kind, contact us or call 1-866-900-7078 for a free case evaluation. You could be compensated for medical expenses, lost wages, pain and suffering, or wrongful death.

What You can do if Worker’s Comp Has You Under Surveillance

Posted on by Michael Roessler

Some insurance companies may hate sending you a weekly check while you’re recovering from your on-the-job injury. They’re in business to make money, not give it away.

Every time you receive workers’ compensation benefits, that is money coming out of the insurance company’s pocket and going into yours instead. That’s why some insurance companies may try to find ways to avoid paying you benefits. Sometimes that means an insurance company may completely deny responsibility to pay for your injury. When this happens, they pay you no benefits at all, while you fight (sometimes for years) for what you potentially deserve.

Worker’s Comp Insurance Tactics to Pay You Less

  • Delay
    This is what we refer to as their “delay” tactic. We have seen some insurance companies try to wait out the injured worker while they’re hurt, out of work, and in financial distress. We believe they are waiting you out. The longer they wait, the more urgent your need for money becomes, and the less compensation you may be likely to settle for. And that means less money they have to pay out.
  • Deny
    But shortchanging you is not the only way some insurance companies may try to help themselves. Even when an insurance company accepts responsibility for your work injury, they can at any time, try to reduce or even stop paying you benefits.

    We have seen them try to cut off injured workers’ weekly checks. Other times they may try to avoid paying for a recommended medical procedure.

    No matter how the insurance company may try to keep money for themselves, it is you, the injured worker, who is simply trying to get better and go back to work, that ends up paying the price.

  • Surveillance
    Do insurance companies randomly decide one day that they are not going to pay you? Of course not. They must have “proof” that they don’t have to pay you. To help enlist them in their efforts, they will try to piece together “evidence” to prove your benefits should be decreased or stopped altogether.

    We have seen some insurance companies resort to hiring a private investigator to spy on you to try to gain the evidence they need against you.

    They may hire investigators to follow you to the gas station or the grocery store or any errand. They may watch you pick up your kids at school. They may stake out your house and neighborhood at all hours of the day and night. The goal is always the same: to create reports, photographs, and video that make it appear that you are not as badly injured as you claim. Then, if the insurance company can create that impression in the mind of a doctor or judge, they may be able to cut you off or shortchange you – even if they have previously admitted responsibility for your injury.

Insurance tactics to pay you less including delays, denials, and surveillance.

5 Ways to Handle Insurance Company Spying

You cannot stop the insurance company from hiring an investigator to watch you. But you can be smart about your behavior so that you aren’t making it easy for them to avoid paying you benefits.

  1. Always follow your doctor’s orders.
    Your doctor knows best what activities you should avoid while you heal. If the doctor tells you not to lift more than 10 pounds, don’t lift more than 10 pounds. The biggest risk of surveillance is that the investigator will see you doing something outside the restrictions put on you by the doctor. If that happens and the doctor is allowed to see the surveillance, the doctor may think you have been exaggerating your symptoms. In a worst-case scenario, the doctor may decide to no longer treat you.

  2. Be thoughtful.
    If you aren’t following your doctor’s orders about activity restriction, it may not necessarily be because you are not injured. More likely it might be because you weren’t thinking about what you were doing, or you were in a hurry, or distracted. Life happens, and you have to lift your 20-lb toddler out of her car seat. That happens to all of us. But when you have a work injury, and an insurance company may be paying someone to watch you, the cost of being thoughtless can be significant. Violating your doctor’s restrictions just a handful of times could suggest to the insurance company and the doctor that you’re not as injured as you claim to be.

  3. Remember: appearances count.
    Sometimes surveillance can be harmful even when you are not caught doing something against your doctor’s wishes. Even simple appearances can be enough to cause problems. For example, let’s say your doctor told you not to push more than 10 pounds. And let’s say you’re mowing your lawn with a self-propelled lawnmower that doesn’t require pushing more than 10 pounds. And let’s further say there’s an investigator recording you. All the doctor may see when he watches this video is someone who is well enough to do yard work, including pushing a potentially heavy lawnmower. You can explain to the doctor that the mower is self-propelled, but the damage may already be done. We are not suggesting you become paranoid, but it is important to be aware of how your activity may look to an outsider.

  4. Don’t talk to a suspected investigator.
    If you think an investigator is watching you, don’t confront them or interact with them. They will not be intimidated by you, and they will only use the interaction to gather information from you that the insurance company may later try to use against you.

  5. Hire a workers’ compensation lawyer.
    When you try to take on the insurance company yourself, it is not a fair fight. History tells us that many insurance companies may try to figure out ways to maximize their profits and minimize your They have adjusters and lawyers, many of whom spend their time trying to determine the best ways to do this. Surveillance is just one tactic they sometimes rely on.

5 ways to handle insurance company spying including following doctor's orders and hiring a lawyer.

Get Your Free Case Evaluation From NC Workers’ Comp Lawyers

To try to make sure the insurance companies do not use surveillance or any other self-serving tactic to deny you benefits, call the Law offices of James Scott Farrin. Our workers’ comp attorneys represent clients throughout North Carolina and have the knowledge, experience, and dedication needed to try to see to it that the insurance company doesn’t get away with painting your injuries to be less than they really are, just to save a few bucks. Contact us today or call 1-866-900-7078. Your initial case evaluation is absolutely free.

Shocking Video Emphasizes Elder Abuse at Raleigh Nursing Home

Posted on by J. Brett Davis

It is said that a picture is worth a thousand words.

I admit that I had a few choice words when I viewed the WRAL video that caught Raleigh nursing home “caregivers” abusing a defenseless stroke patient.

This video needs no explanation. The actions it portrays can’t be “justified.” If I hadn’t been practicing law and developed a strong belief that most people are fundamentally good and well intentioned, this video may have put me over the edge.

Click here to view it. Fair warning: You may find the actions extremely disturbing.

30% of Nursing Homes Cited for Abuse

Nursing home abuse is real. So is neglect.

Reports of serious, physical, sexual, and verbal abuse are widespread among the nation’s nursing homes, according to a two-year congressional study. The study found that 30% of nursing homes in the United States, more than 5,000 facilities, were cited for nearly 9,000 instances of abuse during that time.

Worse, much of the abuse and neglect often go under reported because some patients are too frightened of repercussions and live in fear of retaliation from staff, management, even other patients. In one case, the report noted, attendants bribed a brain-damaged patient with cigarettes to attack another resident, then watched the two fight.

A National Institutes of Health report entitled Abuse, Neglect, and Exploitation in an Aging America, quotes a certified nursing assistant justifying abuse:

“Oh, yeah. I’ve seen abuse. Things like rough handling, pinching, pulling too hard on a resident to make them do what you want. Slapping, that too. People get so tired, working mandatory overtime, short-staffed. It’s not an excuse, but it makes it so hard for them to respond right.”

Signs of Nursing Home Abuse & Neglect

Some well-meaning loved ones may not recognize signs of abuse. We urge you – if you have a parent or loved one in a nursing home or with a caregiver, please take note of the following signs of potential neglect to look for:

  • Pressure sores – sometimes called bedsores
  • Wandering
  • Repeated falls
  • Medication errors
  • Physical abuse
  • Emotional abuse
  • Sexual abuse
  • Financial abuse
  • Neglect

Negligent Hiring of Nursing Home Staff

Nursing homes are obligated to hire qualified staff with the appropriate academic and other credentials for their particular position. Background checks are required and there should be no record of abuse or violence found in that background check. Yet, in many cases, we have discovered this has not always been the case.

Nursing Home Understaffing

Many nursing homes and senior care facilities are notoriously understaffed. They can potentially be liable if a resident suffers an injury or dies because of an inadequate number of caretakers to properly care for residents.

Inadequate Caregiver Training

Nursing homes and other senior care facilities can potentially be held accountable for injuries if their staff has not been provided proper training and a resident suffers an injury as a result.

Get a Free Case Evaluation from Experienced North Carolina Lawyers

If you feel your loved one has suffered elder abuse of any kind, contact us immediately or call 1-866-900-7078. Our North Carolina nursing home abuse lawyers can offer a free case evaluation for your unique circumstances.

Don’t Let an FCE Derail Your Right to Workers’ Comp Benefits

Posted on by Ryan Bliss

Is your workers’ compensation doctor recommending a Functional Capacity Evaluation, often referred to as an FCE? If so, I’m sure you have lots of questions. While an FCE can be a useful tool to explore your physical limitations after a work-related injury, there are certain things you need to know before moving forward.

What is an FCE?

What to expect at a functional capacity evaluation (FCE).

I like to think of an FCE as a physical therapy session on steroids.

FCE’s are typically scheduled at a physical therapist’s office where you will be asked to perform a number of physical tasks over a designated period of time. You should expect to spend approximately three to four hours completing the testing. While all evaluators conduct their FCE’s differently, you will likely be asked to walk, lift, stretch, push, pull, bend, and possibly do other exercises. The evaluator will record each task you complete and the extent to which you are able (or unable) to complete it.

However, an FCE is not a simulation of the actual work you were performing when you were injured. For that reason, the results of an FCE may not provide a definitive answer as to whether or not you are able to return to your pre-injury job. In a workers’ compensation context, the FCE report is typically forwarded to, and interpreted by, your authorized treating physician.

Why does my doctor want me to complete an FCE?

FCE’s are commonly used to determine return‐to‐work readiness and quantify your functional limitations after a work-related injury. Most doctors are not trained to make comprehensive determinations regarding your physical abilities. Therefore, they require a little outside help. That’s where the FCE comes in.

However, sometimes it may not be in your best interest for a doctor to rely too heavily on an FCE to determine which jobs you are physical capable of performing. While FCE’s are often treated as the best way to determine your work abilities, that’s probably not the case.

As noted above, the data from your FCE must be interpreted by your treating physician and applied to real world jobs. Unfortunately, they don’t take into account the day-to-day rigors of your actual occupation. For that reason, it’s very important for you to educate your doctor about the essential functions and physical demands of your job before they make a determination about your readiness to return to work.

What do I need to know before I perform my FCE?

Discuss FCE results with our doctor to address any issues you encountered during testing.

Most FCE facilities believe they are able to determine when someone is exaggerating their symptoms or failing to give 100% effort during testing. In my opinion, the “science” behind these methods is shaky at best. Even so, the evaluator’s findings will often make it into the FCE report, which is likely to be seen by your doctor. For this reason, it’s important for you to talk to the FCE evaluator prior to testing about their expectations of you. Ideally, you should plan to at least attempt any task you believe you are physically capable of performing and give the maximum amount of safe effort.

FCE’s are just one piece of the puzzle when it comes to your overall physical limitations and ability to return to the workforce. You should always discuss the results with your doctor and be sure to address any issues you encountered during testing.

Enlist the help of workers’ comp specialists

If you have additional questions about FCE’s, please feel free to contact an experienced workers’ compensation lawyer at the Law Offices of James Scott Farrin. Six of us are NC Board Certified Specialists in workers’ compensation law. Of the approximately 28,000 North Carolina licensed attorneys* only 148 (less than 1%) are North Carolina Board Certified Specialists in workers’ compensation law.

What does it mean to be board certified? It means you have an attorney who shows special knowledge and proficiency in their specific area of law, having undergone additional training (and other intense analysis) to become certified as a specialist.

Get a FREE Case Evaluation from NC Workers’ Comp Lawyers

If you are asked to get an FCE, I urge you to get legal advice by contacting us or calling 1-866-900-7078. If we are able to take your case, we will try to ensure that you are well prepared for your FCE in your efforts to preserve your rights to workers’ compensation benefits.

 

*Figures provided by the N.C. State Bar as of December 2017.

Potential Lawsuits Grow as GenX Concerns Escalate

Posted on by Gary Jackson

If the increasing number of inquiries we have been getting from NC property owners are an indication of what’s to come, there’s a potentially massive property value issue in the southeastern portion of our state. And a potentially massive health crisis.

Property owners have been contacting us over fears of water contamination from GenX.

GenX is in the molecularly close-knit family of super toxins known as perfluoroalkyls and polyfluoroalkyls (PFAS), which are used to make Teflon-type products. The toxin has seeped from the DuPont Chemours Fayetteville plant into the Cape Fear River and has infiltrated wells and municipal water supplies in at least three counties. No one knows how to filter it out.

GenX is said to be so toxic that even one drop dissolved into 20 Olympic sized pools may pose health risks.

Contamination by the same family of chemicals may date back as far as 1980, according to a DuPont spokesperson. Experts are only scraping the surface of the potential for widespread harms after decades of contamination.

Just recently, additional testing by the state and Chemours has expanded contamination concerns to include air, rainwater, honey, wild game, and fruits and vegetables grown in the area.

Diminished Property Values in Wilmington, Pender, Brunswick, New Hanover

If you own property in the Wilmington area, or Pender, Brunswick, or New Hanover counties, your property values may be diminished 10% to 30% due to contaminated drinking water discovered in wells and municipal water treatment plants. You may not even be able to sell your property at all.

GenX. Same Toxic Chemical. Benign New Name.

GenX is the chemical cousin to DuPont’s C8, which poisoned tens of thousands of residents and livestock along the Ohio River Valley. DuPont recently settled lawsuits for over $670 million for knowingly releasing C8 into mid-Ohio Valley streams and tributaries that flowed into the Ohio River.

The U.S. government has since banned C8 from being produced in the U.S. because of its extreme toxicity and its ability to exist indefinitely in the environment. DuPont complied by discontinuing production of C8. Instead, they tinkered with its molecular structure to create a similar chemical, and gave it a new benign-sounding name – GenX.

You say potato, I say potaahto. No matter what you call it, this chemical is in the same toxic family of perfluoroalkyls and polyfluoroalkyls.

Is History Repeating Itself?

Is GenX to the Cape Fear River what C8 was to the Ohio River?

This is a thought-provoking question and no one knows the answer at this point. Studies are proliferating on the potential harms GenX may have already posed or could potentially pose to humans, animals, and the environment.

Here is what we do know. Many North Carolina residents may have been drinking and bathing in extremely contaminated water, potentially since 1980. Not only has this created a potential health issue, but property values may potentially be affected.

As a result, many North Carolina residents are suing the Chemours Company and DuPont.