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Contact the Law Offices of James Scott Farrin 1-866-900-7078

Careful With Opioids – What Greensboro Is Doing to Try to Help

A colleague’s 16-year-old daughter recently broke her arm. Although the daughter had stated that the pain was not “that bad,” the ER sent her home with opioid pain medication. The mother gave her ibuprofen, instead. Smart mom.

This information happened to come on the heels of an article I recently read about Dr. Wayland McKenzie of Greensboro. Dr. McKenzie is a doctor who lost his license for overprescribing opioids – allegedly to addicts.

When are some doctors going to wake up and smell the poppy seeds? There’s an opioid crisis in our country and it has reached epidemic levels. Innocent victims of injuries continue to unwittingly fall prey to the highly addictive nature of opioid pain killers. Why? Part of the reason is because some doctors have been handing them out like candy for years.

According to the Centers for Disease Control (CDC), more than 70,000 drug overdose deaths occurred in the US in 2017. More than 67% of these deaths were from opioid overdoses.

Opioid Crisis in Greensboro Triad Area

North Carolina is among the states that showed statistically significant increases in drug overdose deaths from 2016 to 2017. In fact, a Winston-Salem Journal article reported that an average of four people die from opioid overdoses in North Carolina every day. The highest death rate among the 14-county region of the Triad and northwest North Carolina is Guilford County with 73 deaths in 2016.

Cone Health Pilots Opioid Peer-Support Program

In 2018, Cone Health launched a pilot project to try to combat opioid abuse. This one-year test program has put certified peer support specialists, each of whom have been in recovery for at least three years, in the emergency departments of the Moses H. Cone Memorial Hospital and Wesley Long Hospital.

NC Personal Injury Attorneys in Greensboro and 13 Other NC Offices

As a personal injury attorney, I applaud this effort. I have been privy to cases involving the misuse of drugs and dangerous medical devices. These cases are heartbreaking and often preventable. Opioid addiction is insidious and can sneak up on victims before they realize their plight. Sadly, many of these addictions begin with a family doctor or ER prescription.

 

James Scott Farrin Offers Durham Gas Explosion Victims and Businesses Help, Hope

The Blast That Shook Downtown Durham

On Wednesday, April 10, 2019, 911 received a call from a woman who reported smelling “a very strong gas smell” around the Durham School of Arts at around 9:11 a.m.

Firefighters were dispatched to the area at 9:13 a.m. to investigate, but reported that they could not confirm its source.

At 9:37 a.m., a contractor called 911 to report that they had hit “a gas service line.” In a released audio clip of the 911 call, the contractor describes how they had hit a gas line and that they were waiting for the gas company to come turn off the gas. Firefighters and first responders started evacuating people inside the buildings.

At around 10:06 a.m., a building in the popular Brightleaf District exploded. The resulting blast radius could be heard and felt throughout downtown Durham, including the James Scott Farrin headquarters. The entire building shook, windows rattled, and the lights flickered. As co-workers anxiously left their cubicles and offices looking for a cause, news started to trickle in that a building had exploded and collapsed a mile away.

“We looked out the windows and saw the giant black tower of smoke rising above the skyline,” one Farrin employee said.

Chaos and Panic in Downtown Durham

Businesses near the blast suffered severe damages. People in nearby offices or inside their cars when the blast occurred were injured by shrapnel and glass. As people ran away in terror, some ran into the chaos to help the injured. Images and videos started streaming onto social media. Over two dozen people were injured, and one person tragically died. Some remained in the hospital a week later in serious condition.

Durham Community Rallies Around Blast Victims

As authorities continue to investigate the cause of the blast, many in the community are reaching out to the victims to see how they can help. With damages set to exceed $100 million in total, those affected have to assess how much they lost and eventually, rebuild and repair.

Damages are wide-ranging and some may take months or years to rectify. Many people were physically injured, some lost their businesses and livelihoods, many no longer have a place to work or live, and vehicles were severely damaged.

James Scott Farrin — Committed to Helping Victims of the Durham Gas Explosion

Our firm is ready to lend a legal hand to those affected by the explosion. We have an attorney who volunteered to help victims of 9/11*, an attorney that represented victims of the 2009 Garner ConAgra plant explosion, and one that represented those affected by the 2017 Hatteras Bridge blackout that caused hundreds of businesses to lose revenue at the height of the summer season. Our lawyers have handled other fire/explosion personal injury and loss of business cases.

CBS17 news and other news outlets interviewed Farrin attorney Gary Jackson about the legal options for those impacted. Gary has over 30 years of legal experience, and he believes the best outcome for all involved is for the insurance companies and those parties responsible to step up to the plate. Click on the image below to watch the interview:

If you want help or guidance in putting together your claim, AND discussing whether or not you need an attorney to represent you, we would be happy to talk with you. Contact us here or call us at 1-866-900-7078.

We can lay out all of your options for you and help you assess the full extent of damages you may be owed along with any potential claims.

 

*Results obtained prior to joining the Law Offices of James Scott Farrin

Categories: General Legal News

Thousands of Patients Suing Metal-on-Metal Hip Implant Makers

Johnson and Johnson agreed in January to pay $120 million to victims in North Carolina and 45 other states to resolve claims of deceptive marketing regarding its Depuy ASR XL metal-on-metal hip replacement device. The implant was pulled from the U.S. market in 2010, but it’s too little too late for some victims who suffered metal and cobalt poisoning.

A large number of metal-on-metal hip replacements have caused thousands of patients more pain than relief. And thousands are suing the manufacturers who produced and marketed them.

Symptoms of a Faulty Metal-on-Metal Hip Implant

  • Cobalt poisoning, including fever, inflammation, and low thyroid levels, heart failure, vision loss, hearing loss, and organ damage
  • Metallosis, which can include pain around the hip joint, swelling, inflammation, numbness, bone loss, tissue death, and additional mobility problems

If you have suffered any of these side effects or other unexplained health problems
after your J&J Depuy ASR XL metal-on-metal hip replacement,
contact us as soon as possible or call 866-900-7078.


Depuy Hip Replacement Failures, Recalls

In 2019, Reuters reported that Depuy had announced a worldwide voluntary recall of 93,000 of its ASR hip implant systems in 2010, saying that 12% of them failed within five years. Depuy has since settled thousands of lawsuits by patients who had to have the ASR implant removed – and who were forced to undergo a second surgery.

J&J Depuy Metal-on-Metal Hip Implant Lawsuit Alleges Deception

The lawsuits claimed that J&J Depuy made misleading claims about the longevity of its metal-on-metal hip implants, with patients frequently having to undergo a revision surgery before the company’s advertised timeframe of five years.

Hip Implant Devices not FDA-tested for Safety


The J&J Depuy ASR metal-on-metal hip implant was approved
under an FDA approval process that does not require evidence
of a device's safety
before being given market approval.


Known as the FDA 510(k) Premarket Notification Process, manufacturers merely have to show that devices are substantially similar to others currently on the market. There are no clinical trials or patient testing. While this news may come as a shock to consumers of medical devices, numerous metal-on-metal hip implant device manufacturers utilized this loophole to rush their devices to market.


The FDA received so many reports of issues with metal-on-metal hip devices
that in 2011, they ordered all manufacturers of metal-on-metal hip implants to test
patients who had received them.


Is this yet another example of manufacturers putting profit in front of patient care? Click here for other manufacturers also facing similar lawsuits due to faulty metal-on-metal hip replacement devices – many of which have been pulled from the market.

These are serious issues. And serious issues demand serious attention.

North Carolina Lawyers Investigate Your Hip Implant Claim – Free

If you received the Johnson & Johnson Depuy ASR hip implant device or any of the hip implants in this link, and you believe you have suffered serious side effects such as metallosis or cobalt poisoning, you may be entitled to compensation for your injuries.

Our representatives are available 24/7 to offer you a free and evaluation of your case. You can also use our live chat feature or send in our secure and confidential form on this page.

Call the Law Offices of James Scott Farrin at 1-866-900-7078 to find out if one of our North Carolina lawyers may be able to help you.

Free Case Evaluations – J&J’s Baby Powder and Cancer Claims

Fallout from Johnson & Johnson’s attempts to hide the fact that their body powders contained – not one – but two, potential carcinogens is spreading like its own unrelenting cancer.

J&J Allegedly Knew of Talc and Asbestos Dangers

Marketwatch.com highlighted a December, 2018, Reuters report stating that internal Johnson & Johnson documents offered proof that the company knew for decades that cancer-causing asbestos lurked in its Baby Powder. In just one day, the pharma giant’s stock price fell more than 10% after the report was released.

Marketwatch.com stated:

“The documents showed that, internally, executives, mine managers, scientists, doctors and lawyers were worried about the problem of its raw talc and finished powders testing positive for the substance. But they denied all claims until they were compelled to share thousands of pages of documents with lawyers, representing some 11,700 plaintiffs who claim the talc gave them cancer, including thousands of women with ovarian cancer, the report found.”

Naturally, Johnson & Johnson rebuked any truth to the report.

Even so, the decline in Johnson & Johnson’s stock shares erased about $40 billion from the company's market capitalization, as investors feared the impact of the report in the wake of thousands of talc-related lawsuits.

Baby Powder, Talc, Asbestos, and the Facts

It seems that “the family company” has, like many families, a skeleton or two in its medicine closet.

For starters, J&J allegedly lied about their knowledge that talc had the potential to cause cancer. That lie surfaced in 2015 when 30 years of internal corporate documents were released during the trial of an ovarian cancer victim.

Recently, more internal documents have surfaced showing that the company may have also concealed that they knew their powders contained asbestos – a known carcinogen.

Asbestos is a soft mineral mined from the ground. It creates very fine fibers and dust particles that are small, light, odorless, and colorless. These particles remain in the air a long time and can be unknowingly inhaled or ingested. Asbestos was commonly used in many products worldwide throughout most of the 20th century. The U.S. banned its use in the 1970s because of the potential to cause disease, including deadly mesothelioma.

Read the shocking story of asbestos and mesothelioma here.

Get a Free Talcum Powder Case Evaluation by North Carolina Lawyers

We are taking calls from individuals who believe their ovarian cancer (or that of a loved one) may have been caused by talcum powder use. If we take your claim, you may receive compensation to cover medical expenses, temporary and permanent physical injuries, and time out of work, among other damages.

For more information or to have a North Carolina lawyer review your potential talcum powder case (for free), contact us or call 1-866-900-7078.

The Law Offices of James Scott Farrin consults with a national network of attorneys on product liability, defective drugs, and defective products cases in an attempt to provide the best representation we can for our clients. Depending on the details of your case, our firm will likely refer your matter to another law firm with which we associate. We will only do this if we believe it is in your best interests and if you agree.

The Law Offices of James Scott Farrin Has Filed Class Action Claims Against Chemours and DuPont for GenX and PFOA Contamination of the Cape Fear River Water Supply in Wilmington, N.C.

Cape Fear River Water Contamination

By Gary Jackson

On October 3, 2017, the Law Offices of James Scott Farrin and our co-counsel The Hannon Law Firm, LLC have filed suit against The Chemours Company and duPont Chemical Corporation seeking compensation for property related damages and funds for a monitoring program for early detection of disease because of GenX and other toxic contamination released from the companies’ Fayetteville Works Site. The GenX and other toxic chemicals, including PFOA and other perfluorinated chemicals, have contaminated water that the Cape Fear Public Utility Authority (CFPUA) in Wilmington, North Carolina uses to supply the majority of properties in Wilmington.

The CFPUA provides water to over 100,000 residents in Wilmington using surface water from the Cape Fear River. Testing done by North Carolina Department of Environmental Quality (“NCEDQ”) has verified that PFAS and PFECAs including GenX released from the Fayetteville Works Site have contaminated the CFPUA water supply from the Cape Fear River.

Read the Nix v. The Chemours Company, et al. Complaint

Learn More About GenX

On June 22, 2017, the US EPA measured over 720 ppt of GenX in the finished water delivered to properties serviced by CFPUA. In July, 2017, CPPFUA reported GenX in finished water from CFPUA at 250, 286, and 185 ppt. High levels of other perflourinated compounds including PFO2HxA and PFO3A were also found in July.

North Carolina Law Firm Offers Free GenX Case Evaluation

If you think you have been impacted by the Cape Fear River contamination, call us right now for a free case evaluation. We will review your claim and try to answer any questions you have.

Contact us or call 1-866-900-7078 for your free case evaluation.

Categories: Legal News

Kids Can Suffer Heat Stroke in a Hot Car in 10 Minutes. Here’s What to Know.

All of us know what it’s like to experience a hot car. The leather exterior of the steering can sometimes be too hot to touch and the stifling hot air makes it difficult to breathe. After just a few minutes, your heart rate begins to rise as your body tries to cool itself down.

Most of us wouldn’t sit in a hot car for more than a few minutes before turning the air conditioning on. But what if you were stuck in your car on a 90-degree day and you weren’t able to turn on the air conditioning? What if you were a child strapped into a car seat? Helpless.

Nationwide approximately 37 children die by overheating in cars every year. North Carolina ranks number 6 in the country since 1991 for hot car deaths, according to data from kidsandcars.org, an organization that advocates for stronger car safety measures for children.

I am a mom of a young child, and these statistics break my heart. Children cannot defend themselves against high temperatures like adults – their body temperature climbs three to five times faster. Even cool days can pose a threat. Every 10-20 minutes, the internal temperature of a car can rise 20 degrees.

Children have died in cars when the outside temperature was as low as 60 degrees.

Cracking the Windows Doesn’t Help

Some people believe that opening the windows will keep their child from overheating, but Kidsandcars.org asserts that lowering the windows does not help.

It is extremely important to make sure you always take your child out of the car with you, no matter how quick your errand may be.

As a busy single working mom, I certainly understand how some parents might think, “I’ll just run in and run out of the drugstore and it will only take a few minutes.” We’re busy and in a rush, and taking a child out of a car seat and putting him back in again can take time. Especially if the child is unwilling or sleeping.

Call 911 if a Child is Unattended in a Car

If you see a child left unattended in a car, take action right away by calling 911. If you notice signs of heat stroke, let the 911 operator know you plan to break the window to help the child cool down.

Signs of Heat Stroke

If you notice any of these signs, prompt action is in order.

  • Dizziness
  • Disorientation
  • Agitation
  • Confusion
  • Sluggishness
  • Seizure
  • Hot dry skin that is flushed but not sweaty
  • Loss of consciousness
  • Rapid heart beat
  • Hallucinations

How to Rescue a Child From a Hot Car

Check out this video from the Today Show that shows exactly how to rescue a child (or a pet for that matter) out of a hot car. It’s good info to know.

Half of Child Deaths in Overheated Cars Occur Because Someone Forgot

Most child deaths occur when parents unintentionally leave their infant in the car. Many parents are quick to assume that they would never “forget” their child in the backseat. But parents do forget. Parents of every background have forgotten their child in their car – it has happened to social workers, doctors, lawyers, police officers, soldiers.

52% of heatstroke deaths in cars occur because someone forgot a child was in the car.

As a parent, you’re probably used to a fast-paced and strict schedule. Some days, it may feel like you’re on autopilot – you’re so used to a particular routine that you don’t even consciously think about it. Any sudden new tasks can be difficult to remember to incorporate into your day. For instance, if you’re used to waking up and driving straight to work every morning, it may be easy to forget to drop off your child at daycare. These tragedies often happen during busy times – especially around holidays or schedule changes when parents are stressed and fatigued and forget more easily.

4 Ways to Remember Your Child Is in the Car

While it’s difficult to prevent stress and fatigue, there are several ways to help remember your child in the backseat:

  1. Put something you need (like your purse, employee ID, or cell phone) in the backseat next to your child, so that you’ll have to open the back door in order to grab it.
  2. Use drive thru services when available.
  3. Always keep your vehicles locked – even when they are sitting in your garage – so that your child can’t sneak inside and accidentally lock themselves in.
  4. A free app called Kars4Kids Safety is designed to act as an alert system for parents. A customizable alarm rings on your phone when you exit the car to remind you that your child is still inside!

Let’s spread awareness along with these helpful tips in order to try to ensure our children’s safety.

P.S. Your furry friends are at risk, too. Leaving your pet in a hot car can be extremely dangerous and have deadly consequences – animals may suffer heat stroke in as little as 15 minutes. Dogs are only able to cool themselves by panting and sweating through their paw pads, making them especially vulnerable in hot weather. If you’re running errands, it may be best to leave your pets at home.  

 

Scam Targeting Your Social Security Benefits. What You Should Know.

Have you received a suspicious call from someone stating that they are an Office of the Inspector General (OIG) investigator? Don’t buy it.

The Social Security Administration and the Office of the Inspector General have received numerous calls from people who have reported receiving such calls.

These are very likely scammers and should be reported immediately.

Reports say the caller will identify himself or herself as an “officer with the Inspector General of Social Security and that your Social Security account, Social Security number, and/or your benefits are being suspended. The caller instructs the person to call a non-SSA number to resolve the issue. When you call the number, the person answering claims there’s a warrant for your arrest. This person then tries to strong-arm the caller to purchase iTunes or other gift cards or prepaid banking cards, for hundreds of dollars, and to provide the card information to him or her to resolve the warrant.

Here is what the OIG advises:

  • Avoid calling any number provided by a suspicious source, as the unknown source might pressure you to provide your personal information, or to make a payment or purchase for fictitious reasons.
  • Avoid making payments over the phone or purchasing gift cards or bank cards to resolve government or business matters.

If you get a suspicious call from someone claiming to be from the OIG, report that information to the OIG at 1-800-269-0271 or online via https://oig.ssa.gov/report.

For that matter, any suspicious communication — a phone call, email, letter, or text – claiming to be from the SSA or the OIG, contact your local Social Security office, or call Social Security at 1-800-772-1213, 7 a.m. to 7 p.m., Monday through Friday to verify whether it is a legitimate call.

Am I in Danger of Being Deported If I’m in a Car Wreck But I Am Not a U.S. Citizen? (And 10 Other Things Undocumented People Want to Know)

Car accidents are terrifying. And sometimes they're even scarier if you're worried about discrimination or even fear being deported. We understand.

Don't let that fear cause you to make bad choices. If someone is negligent and injures you, you're supposed to be given the same care and respect as any U.S. citizen.

"Supposed to" is key. As a non-U.S. citizen, you may have to take extra steps to try to make sure you're treated fairly.

That's what this blog is about, but click here
if you want to skip reading and talk to someone right away.

 

Why You Have to Be Careful After an Accident If You're Not a U.S. Citizen

I and many of my James Scott Farrin colleagues do a lot of community work - particularly in the Spanish-speaking community. One question I hear a lot from our Latino neighbors is: "What should I do if I'm injured in a car accident but don't have papers or a driver's license?" They're understandably afraid.

North Carolina accident laws are designed to try to help protect anyone who is injured in the state - documented, undocumented, U.S. citizens, and citizens of other countries.

Yet sadly, oftentimes we see adversarial behavior toward our non-citizen clients, especially Latinos, by some insurance companies and others. We have seen some of them try to intimidate these clients just because they don't speak English, don't have a driver's license or proper documentation, or they're not a U.S. citizen.

The Insurance Company Believes You Won't Go to Court - Blatant Discrimination?

In our booklet Insurance Companies Behaving Badly, one employee recounted a story about an insurance adjuster who said they had a video contradicting what our client said about how she got her injuries. In mediation, we proved it wasn't our client on the video, but the defense continued to deny the claim.

In response, we launched discovery into the insurance company's treatment of Hispanic clients. They ended up settling the case for six figures*.

When you mess with our clients, you mess with us. We'll play hardball. We do not appreciate bad behavior.

My Best Advice: Get Free Advice from an Attorney

A large portion of the cases I resolve in any given year are for non-U.S. and undocumented residents. Every time I think I've seen it all, an insurance company will come along and surprise me again.

My advice when you're injured in an accident is to call an attorney right away. There are just too many ways insurance companies can affect your claim. Most attorneys will do an initial consultation for free, and if you ultimately choose to hire them you could potentially end up getting more for your claim.

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

And if you think you cannot afford an attorney, think again. At our firm, you pay nothing upfront. We work on a contingency basis, which means if we don't get you compensation, you don't pay any attorney's fees!

What to Do After an Accident If You Are Undocumented

When undocumented people call me after an accident and ask what to do, I tell them their initial steps are the same things anyone should do after an accident.

If you or someone else is injured, call 9-1-1. If your injury is serious, you may not have time to collect all the facts, and that's OK. Your health comes first.

Don't be Afraid to Report the Accident to the Police

In order to make a claim for your damages and your injuries, you must be able to prove the accident happened. You should call the police. Don't be afraid. The purpose of calling is so the responding police officer will conduct an investigation and make an official report of the accident.

Never trust the at fault driver to report it on his own. He may later deny the accident ever occurred. By then it will be too late to contact the police, and you could be stuck paying for the crash yourself.

Suppose I got a ticket for no U.S. driver's license? Will this affect my claim?

No. You should not ignore your ticket, as it may have other legal ramifications, but you may be entitled to compensation for your injuries and any damages to your vehicle, whether you have a license or not.

Will I be in danger of being deported if I have no drivers' license and make a claim?

Generally, you will not likely be deported simply because you make an insurance claim after an accident where you received a ticket for driving without a license.

Gather Facts

Get as much information as you can while you are still at the scene, or immediately thereafter. Write down:

  • Date and time of the accident
  • Location of the accident
  • Other driver's name and license plate number
  • Police report number
  • Investigating officer's name
  • Witnesses names and their contact information, including phone number

Take Pictures

With your cell phone, someone else's cell phone, or a camera, take pictures of:

  • All vehicles involved
  • Any property damaged by the wreck
  • Any visible injuries
  • Tire marks and debris in the roadway

Seek Medical Attention

Even if you feel fine, you should probably see a doctor. It's not uncommon for people feel fine in the minutes and hours immediately after a crash, when adrenaline is high. Many people don't start to feel the effects of a wreck until hours or even a few days later.

But if you don't see a doctor and something starts to feel worse, you won't have any documentation that your injuries are related to your accident and an insurance company may deny your claim.

 

10 Things Most Non-U.S. Citizens Want to Know After a Car Wreck

As I mentioned previously, a large number of my cases are non-citizens. Here are the top things most want to know.

1. I don't have health insurance, can I go to the doctor?

If you are injured, you should seek immediate medical attention. There are options for those without health insurance.

2. Will the adjuster send me to a doctor?

No, it is your responsibility to obtain medical treatment. The adjuster does not direct treatment, or work directly with any specific doctors.

3. My injuries seem minor; can I just wait and see if they go away?

While your injuries may seem minor, only a medical doctor can confirm this. Sometimes injuries left untreated become worse or even permanent. If you do not seek medical attention in a timely manner, the insurance company may try to deny compensation for your injuries and related medical bills.

4. My car is not drivable, how can I go to the doctor?

It is your responsibility to obtain medical treatment, with or without transportation. Ask a friend or family member to give you a ride or take the bus. If you don't get yourself to the doctor, you could prolong your pain. Without medical treatment, the insurance company will conclude you were not injured in the wreck, no matter how much pain you are feeling.

5. Should I call my insurance company?

Even if the accident is not your fault, you should contact your own insurance company to let them know you have been in a car wreck. You may have coverage available on your own policy that you can use without affecting your rates. If you are the owner of the vehicle involved in the crash, you should open a claim with the at-fault insurance company for your property damage. Do not go into detail about your injuries or treatment. It is enough to tell them you are injured and under a doctor's care.

It is not wise to sign anything without first speaking to an experienced attorney; you may be signing away your entire case!

6. The adjuster said he needs my Social Security number, but I don't have one. Can I still make a claim?

Yes, if you are injured in a car accident, you may have a right to compensation, regardless of your citizenship status.

7. The adjuster wants a recorded statement, should I give one?

Probably not. The insurance company knows how to protect their own interests. You may think there is no harm in telling your story, but liability laws are complicated and you could do irreparable damage to your case.

8. I am not fluent in English, how can I communicate with the adjuster?

Most insurance companies have Spanish-speaking staff, and if not, have translators available. Request to be contacted by a Spanish-speaking adjuster, or a translator.

9. The adjuster said the other driver has no insurance, what can I do?

There may be other types of coverage available to you to cover your losses. Inform your own insurance company the at-fault driver was uninsured.

10. The adjuster says he will pay for everything, so I don't need an attorney, right?

No! You have no guarantee the adjuster will pay even a portion of your bills. Often at the end of the case the adjuster will offer to pay only a few of your expenses. You should decide for yourself if you need an attorney in your case. Don't let the adjuster make this decision for you.

The insurance company has adjusters and attorneys working for them to make sure they come out on top. Sometimes an adjuster will give you misleading information, or try to scare you out of pursuing your rights. Each case is unique, and while you may not hire an attorney, it is a good idea to speak to an experienced attorney to discuss the nuances and issues or your particular case, and find out what your options are.

Get a FREE Case Evaluation by Experienced NC Car Crash Attorneys
We're always here for you to try to help you protect your rights - documented or undocumented. Contact us anytime for a FREE case evaluation or call at 1-866-900-7078.

We have both Spanish-speaking staff and attorneys available to help you.

 

*Cases or matters referenced do not represent the law firm's entire record. Each case is unique and must be evaluated on its own merits. The outcome of a particular case cannon be predicated upon a lawyer's or law firms past results. These are specific examples of experiences we have had with some insurance companies, adjusters, or others. These stories do not necessarily represent any industry as a whole. These descriptions of events are based upon the recollections of individual staff members. Client identities have been removed or changed to protect their privacy.

**Insurance Research Council, 1999

If You Ignore a Recall and You’re Injured, Will Insurance Pay?

From the latest VW emissions cheating device scandal to GM ignition switch malfunctions to the Takata airbag recall (the largest recall ever), car and car parts recalls seem to have accelerated exponentially over the past several years.

Over the past 50 years, 400 million cars have been recalled - as many as could stretch around the earth's equator almost 45 times! That's a lot of recalls.

When a recall is issued, the manufacturer and/or the dealer, sends a notice to the owner outlining steps to fix the problem. But surprisingly many auto owners either don't pay attention to the recall notices or ignore the issue when notified. If that happens, and an injury occurs to the owner or to others, who is liable for damages?

Here's what attorney Mike Jordan had to say about this issue when interviewed on WNCT 9 On Your Side, Greenville.

How Much Can I Recover After My Car Accident?

After you're injured in a car wreck, it's bad enough you have to suffer as a result of your injuries. But the suffering gets even worse once the bills start pouring in - the ER visit, car repairs, X-rays, physical therapy, you name it.

Little wonder a common question we often hear is: "How much will I receive from the insurance company for my accident?"

While each case is specific to its own particulars, understanding a bit about how insurance policy limits work in North Carolina can offer valuable information in your financial recovery efforts.

Tip! 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.


How North Carolina's "Fault" System Affects Your Bottom Line
After a car accident in North Carolina, authorities will assign fault to one or more drivers.

These drivers (and their insurance companies) bear liability for damages or injuries their actions caused. In other words, they may be responsible for paying medical bills, car repairs, time out of work, pain and suffering, and physical damages of those who were not at fault.

Some states assign percentages of blame, such as, say, 80% to one driver and 20% to the other. Everyone pays according to their percentage of fault.

Not so under North Carolina's contributory negligence rule. This rule says that if you're found to be even 1% at fault, you could be barred from recovering anything, even if the other driver was 99% at fault! (North Carolina is one of only a handful of states that still has this rule on the books.)

Tip! If you think you may have contributed to your accident even the slightest bit (speeding, jaywalking, texting, etc.), it would be prudent to talk with a personal injury representative right away.


Policy Limits in North Carolina

Who pays and how much gets paid can depend on what the at-fault driver's policy limits are. All North Carolina drivers are required to carry a certain amount of auto insurance coverage. This coverage has maximum and minimum policy limits, which are used to cover damages.

So, for example, if you're passing through an intersection and someone runs a red light and hits you ("their fault" scenario), their insurance company is responsible for paying your damages within the policy limits - but not one cent over.

What If My Damages are Greater Than the Policy Limits?
If your damages are greater than the limits on the policy of the at-fault driver, you do have options - options we highly recommend utilizing an experienced auto accident lawyer for. Some of those options include:

  • Collect Through Uninsured and Underinsured (UM/UIM) Motorist Coverage. Uninsured and underinsured motorist coverage is required in North Carolina. This coverage protects you if another driver is at fault but does not have insurance, or have enough insurance to pay for your damages. Simply stated, UM/UIM coverage provides you with an additional means to collect damages for your injuries and other expenses incurred.
  • Sue the defendant.
  • Recover under an umbrella policy (an additional liability coverage many people have).

What if the other driver's insurer claims that you contributed to the auto accident, even if you believe you didn't? Or what if you suffered serious injuries, but the insurer is contesting the extent or costs of your medical treatment? What if you actually did contribute to the accident? No matter the scenario, it is prudent to let an experienced personal injury lawyer evaluate your situation.

North Carolina Personal Injury Lawyers May Be Able to Help Collect

  • In 2015, alone, we recovered over $75 million (gross) for over 2,700 clients1
  • We have recovered over $600 million (gross) for over 30,000 clients since 19971
  • These numbers don't include the $1.25 billion we helped recover against the U.S. government for 18,400 claimants in a historic class action case1
  • We've done this because we have quality professionals - many who've worked on the "other side" (insurance companies). Over 30 attorneys. Over 100 staff. Seven attorneys board certified in North Carolina in their fields - a differentiator that fewer than 4%2 of North Carolina attorneys can claim

Don't leave your settlement to chance - or to the insurance companies. Click here to contact us right now or call 1-866-900-7078. We will evaluate your situation for FREE over the phone or online  - 24/7.

* Insurance Research Council 1999

1 Each case is unique and must be evaluated on its own merits. Prior results do not guarantee a similar outcome. Re Black Farmers Discrimination Litigation, the Law Offices of James Scott Farrin led a team of firms to recover $1.25 billion for African-American farmers from the U. S. government for discrimination.

2 Percentage calculated from figures supplied by the North Carolina State Bar, through December 31, 2015.

Contact Information

Asheville Law Office

300 Ridgefield Court Suite 309
Asheville, NC 28806
Phone: 828-552-8215
Toll Free: 1-866-900-7078

Charlotte Law Office

1001 Morehead Square Drive, Suite 350
Charlotte, NC 28203
Phone: 704-599-1078
Toll Free: 1-866-900-7078

Durham Law Office

280 South Mangum Street, Suite 400
Durham, NC 27701
Phone: 919-688-4991
Fax: 800-716-7881

Fayetteville Law Office

2915 Raeford Road, Suite 204
Fayetteville, NC 28303
Phone: 910-488-0611
Toll Free: 1-866-900-7078

Goldsboro Law Office

1308 Wayne Memorial Drive, Suite B
Goldsboro, NC 27534
Phone: 919-731-2581
Toll Free: 1-866-900-7078

Greensboro Law Office

300 N. Greene Street, Suite 850
Greensboro, North Carolina 27401
Phone: 336-665-7072
Toll Free: 1-866-900-7078

Greenville Law Office

702 Cromwell Dr. Suite G
Greenville, NC 27858
Phone: 252-355-5205
Toll Free: 1-866-780-3227

Henderson Law Office

514 Dabney Drive, Suite 200
Henderson, NC 27536
Phone: 252-492-4600
Toll Free: 1-866-900-7078

New Bern Law Office

1505 South Glenburnie Rd, Unit P
New Bern, NC 28562
Phone: 252-634-9010
Toll Free: 1-866-780-3422

Raleigh Law Office

4325 Lake Boone Trail, Suite 100
Raleigh, NC 27607
Phone: 919-834-1184
Toll Free: 1-866-900-7078

Roanoke Rapids Law Office

709 Julian R. Allsbrook Highway
Roanoke Rapids, NC 27870
Phone: 252-537-9670
Toll Free: 1-866-900-7078

Rocky Mount Law Office

144 Woodridge Court
Rocky Mount, NC 27804
Phone: 252-937-4730
Toll Free: 1-866-900-7078

Sanford Law Office

703-B South Horner Boulevard
Sanford, NC 27330
Phone: 919-775-1564
Toll Free: 1-866-900-7078

Wilson Law Office

2315 Airport Blvd Suite A
Wilson, North Carolina 27896
Phone: 252-246-9090
Toll Free: 1-866-900-7078

Winston-Salem Law Office

301 N. Main Street, Suite 2409-C
Winston-Salem, NC 27101
Toll Free: 1-866-900-7078