Topic: Wrongful Death

Your North Carolina Injury is Not the End of the World (Probably)–or At Least You Won’t Feel This Unhappy Forever

May 26, 2013, by Michael A. DeMayo

You’re deeply depressed by your recent North Carolina injury. Whether some idiot in a truck bashed your car by blowing through a stop sign, or a doctor misread your chart and gave you a medication that made you literally sick to your stomach, you are in pain. You are angry; you are confused; and you are deeply dismayed by your situation and the prospects for your future.

Obviously, what’s done is done. You can’t go back in time and undo the North Carolina truck accident or reverse the doctor’s negligent decisions. And you may indeed have a long road to hoe. You might never regain function of your leg. You might need to be in a wheelchair for the rest of your life. You might never be able to work as you once did. The brain damage caused by the accident may permanently limit your ability to be productive to two to three hours a day.

When you sit there and contemplate these scenarios–particularly the worst case scenarios–you can easily spiral into depression and apathy. This is really unfortunate. When you are depressed and/or apathetic, you may fail to take important kinds of action–such as contacting a reputable North Carolina mass tort law firm ASAP–because you feel too hopeless to persevere.

This is a shame, because science shows that our emotional immune systems are remarkably resilient.

Even IF a worst case scenarios plays out for you–e.g. you’re permanently hobbled by the accident or no longer able to work in a career that you love–these setbacks will not doom you to a lifetime of depression and unhappiness. Or at least they don’t necessarily mark you with that destiny.

That may sound very counterintuitive. But if you look at the research, those statements bare out.

Lottery winners notoriously experience euphoria for the first weeks or months after they win. But they ultimately wind up just as happy–and just as sad!–as they were before the pay day.

Likewise, people injured so severely that they are left as quadriplegics suffer extreme depression in the first few weeks and months. But they ultimately rebound to feel just as happy as they did before the devastating event.

This isn’t to say that you don’t have problems — that you shouldn’t feel depressed or anything. Rather, you should appreciate that your current emotional state is probably temporary.

Even more importantly, you need to avoid getting trapped by your emotions into “doing nothing” and/or into making impulsive and not-strategic actions that can have negative long-term implications for your finances and healthcare options.

To that end, consider connecting with the DeMayo Law team now at (877) 529-1222 for a free consultation, so that we can put you on a more strategic path with respect to your case.

North Carolina Class Action News: Legal Fight Over High Sugar, High Caffeine Energy Drinks — A Portent of A Larger Battle To Come?

May 23, 2013, by Michael A. DeMayo

Are we witnessing the beginnings of a major mass tort battle in North Carolina (and well beyond?)

Perhaps so. And big beverage companies may be on the receiving end.

Last year, for instance, a woman in Australia allegedly died from over consuming Coca-Cola. According to the Chicago Sun Times, a Maryland teenager died after drinking two large Monster Energy drinks in a single 24-hour period. These drinks contain a lot of caffeine and also a lot of sugar. While testifying before Chicago City Council, Edward Burke discussed a federal report “that showed the number of annual hospital visits tied to highly caffeinated energy drinks doubled between 2007 and 2011 — to 21,000.”

According to the President of Chicago Medical Society, Dr. Howard Axe, “super caffeinated energy drinks,” such as Red Bull, Monster Energy, and Rockstar, pose serious health risks, “including possible fatalities to adults and children, particularly those with preexisting conditions.”

The legal brouhaha in Chicago is focused on the adverse health effects of over consuming caffeine. Another, potentially more fraught and momentous debate has to do with the adverse effects of the overconsumption of liquid sucrose. As most famously articulated by pediatric obesity specialist, Dr. Robert Lustig, calories from liquid sucrose may have especially adverse effect on the liver because of the way the fructose component of sucrose gets metabolized by that organ. Lustig builds the case — at least in the doses that modern North Carolinians consume sugar — that “calorie is not a calorie.” The consumption of sugary liquid beverages, like Coca-Cola, Pepsi, and even many fruit juices, may be doing tremendous harm to our population and precipitating problems like metabolic disease, obesity, diabetes, and even heart disease.

So far, obviously, we have yet to see a major class action or mass tort lawsuit against beverage companies. But some health advocates are suggesting that we may be witnessing at least the beginnings of such machinations — they compare our current era to the era a few years before Big Tobacco was held to legal account for advertising and selling dangerous products.

If you have recently been harmed by a product or service, you are probably far less interested in the legal battle over energy drinks than you are with your own wellbeing, financially, medically, and otherwise.

 The team here at the law offices of Michael A. DeMayo proudly represents victims and their families in serious North Carolina personal injury matters. Please get in touch with us today by calling (877) 529-1222, so we can provide you a free consultation and help you get educated and informed about your options.

Our Illogical Reactions to Superstitions: Really Important to Understand, If You Want to Fight Your North Carolina Class Action Optimally…

May 19, 2013, by Michael A. DeMayo

Whether your son broke his ribs in an SUV rollover, your husband tore his ACL on an amusement park ride, or you suffered a devastating home fire when your space heater malfunctioned, you understand you have the potential to take some kind of legal action and perhaps to participate in a North Carolina class action or mass tort lawsuit.

But you are confused about what to do next. Should you connect with a legal team like DeMayo Law or “deal with the situation yourself” — i.e. work directly with an insurance company?

Everyone has different needs and sensitivities and comforts. But it’s important to be rational rather than impulsive when you make a big decision like this.

We often play to our superstitions rather than to logical common sense.

Consider the diverse nature of our strange beliefs. Whether you are afraid of the number 13; you bet your wedding date when you play the lottery; or you worry about a black cat crossing your path or something along those lines, part of you recognizes that you’re being ridiculous with the superstitions.

You understand that that you are using “magical thinking” and not logic. But even when you “call out” your superstitions — call your own bluff — you may not be able to overpower your subconscious resistance. You may not, for instance, ever feel comfortable sleeping on the 13th floor of a hotel. If you’re Russian, you may refuse to shake someone’s hand when they reach through a doorway to you.

Depending on how deeply you hold strange beliefs, they can really hamper your life.

The point is that wrestling with such strange beliefs–even when you make those beliefs conscious and you appreciate that they’re clearly irrational–is more challenging than meets the eye.

As much as we should “trust our guts” in certain situations, we also need to learn how and when to challenge our intuitions in order to achieve best results.

To that end, if you have reservations about connecting with an attorney–or if you have some strange belief about why you are not someone who “does” lawsuits, reflect on that received wisdom. Are those concepts actually serving you right now?

Consider, for instance, the worst thing that could happen, if you got a consultation with attorney, versus the best thing that could happen if you did. That the more that you can shine rational light on your fears, the more you can move beyond them and make more compelling and useful decisions.

The End of the Beginning of Your Quest for Justice After a North Carolina Injury

May 10, 2013, by Michael A. DeMayo

In the hours and days since your North Carolina injury–or your family member’s injury- you have been in a mad scramble to get medical care and make sense of your options.

What steps should you be taking (or not taking) to manage the medical crisis, collect evidence, and deal with the urgent logistics in your life? Who is going to take care of the kids while you’re hurt? Who’s going to handle the big work project that you had to drop to deal with the catastrophe? How will you pay the mortgage now that you’ve spent thousands of dollars out of pocket on ambulance and hospital services?

After you wrangle these urgent details, you then need to scramble to recalibrate everything in your life. You will also need to find a way to deal with the tremendous challenges of finding appropriate representation:

  • Do you have a case or not?
  • If so, what should you do first?
  • Whom can you trust?
  • How can you evaluate different law firms against one another?
  • How can you work effectively with a law firm to make sure that you get clear answers and good communication throughout the process?

All of these urgent questions might be on your mind. And they all need to be addressed.

The several lining–if there is one–is that, once you do get all of these things taken care of, assuming you have done everything effectively, you should enjoy renewed peace of mind.

The great gift that a solid North Carolina mass tort law firm can provide is the gift of clarity.

Even though your life may feel like it’s in a million pieces right now–if you know exactly what’s going to happen next and what to expect; and if you have trusted people working on your behalf–much of the stress and agitation will lift.

Obviously, even a superb law firm is not going to magically make your injury go away or eliminate the anger and frustration you feel about what happened. But you should feel a sense of relief and security that you are moving in the right direction.

And when people feel like their lives are moving in a positive direction, they often see passed their immediate limitations and handle the process with more grace and patience.

Connect with the DeMayo Law team right now for strategic, insightful assistance with your Charlotte personal injury matter.

Letting Go of Timidity and Launching that North Carolina Class Action Lawsuit

April 26, 2013, by Michael A. DeMayo

Why have you yet to file a North Carolina class action lawsuit? Why haven’t you take action to protect your rights and to hold a dubious insurance company or narcissistic boss or negligent product maker to any kind of account?

After all, you have plenty of reason to want to take action. Exhibit A: your serious injury or your loved one’s serious injury. Exhibit B: your strong belief (perhaps supported by evidence) that someone or some institution has not played fair with you–either failed to warn you about some danger or put you in harm’s way due to negligence, misanthropy, carelessness, fatigue, or some combination of bad factors.

Yet you are restrained. You are not taking action.

Rather than beat yourself up over this, recognize this “timidity problem” is incredibly common among accident victims. The tort reform lobby likes to paint North Carolina personal injury plaintiffs as somehow overly entitled or venal. This stereotype is totally incorrect–and almost the reverse of what’s true.

Most people who get injured are extremely reluctant to take their fight to the court system, even when they have extremely good reason to do so.

The reason they’re so reluctant is that most people don’t like to make waves. They don’t like the idea of “suing” someone or some company. It sounds really aggressive. Plus, when you “sue” someone or put up any kind of legal fight, you need to jump through all sorts of hoops and possibly retain a North Carolina personal injury class action lawyer (which can be an intimidating proposition). Then you may need to get embroiled in a battle that puts your reputation on the line (or at least so you fear). Ultimately, you may not even get results.

Thus, you could fight very hard, get your hopes up and then see those hopes dashed.

No, the problem is not that too many people pursue legal action–it’s that timid people who should at least consider their options are intimidated from exploring their options.

Understand that it’s an act of tremendous bravery and courage just to pick the phone and connect with a mass tort law firm, like DeMayo, at (877) 529-1222. Calling our firm or any reputable firm may force you to abandon your comfort zone, temporarily. And when you are sick and injured or financially struggling, the last thing you want to do is “go out of your comfort zone” even more.

But recognize that you owe to yourself and your family to understand your rights and options, even if you never decide to act on them through the court system. First, seek help, and then make a more informed decision once you know your options better.

Fatal Union County, North Carolina Car Crash Involving Hit-and-Run Motorist Leaves Unanswered Questions

April 10, 2012, by Michael A. DeMayo

NC Highway Patrol Troopers have found the silver Lexus SUV that they believe was involved in Saturday’s deadly Union County pedestrian accident that claimed the life of 22-year-old Joshua Mitchell Crowley. They say that a relative of the alleged driver provided them with the tip that led to the vehicle, which is damaged on its right-front side.

Crowley had been walking home from a party when he was fatally hit by a silver motor vehicle. The driver did not stay at the Union County traffic accident site. As of now, people cannot tell whether this was a case of homicide or hit-and-run.

There had been a fight at the party that Crowley attended and troopers have not confirmed whether Crowley or the alleged driver was involved in that dispute.  Crowley may have been drinking at the party. He had walked 1.8 miles when the deadly Union County, North Carolina pedestrian accident happened. According to witnesses, after the collision, the driver of the Lexus briefly stopped to check the front of the vehicle before leaving the scene.

Hit-And-Run Accidents

For a driver to leave an injured pedestrian or motorist at a crash site after being involved in a deadly collision is a crime. It can also lead to more serious injuries or a fatality that could have been prevented if only the authorities and emergency workers had been notified right away that someone was hurt.

Providing someone who is hurt in a North Carolina car crash can be critical to saving his/her life. Unfortunately, there are drivers who choose not to stay at a collision site or get help because they are scared of getting in trouble.  Among the more common reasons that drivers hit and run:

  • Drunk driving
  • He/she is at fault
  • Driving without a license
  • Driving a stolen vehicle
  • Wanted for other crimes
  • Driving without insurance
  • Denial
  • Panic
  • Intentional infliction of physical harm

Our Union County, North Carolina personal injury law firm want you to know that even if you or your loved one was involved in a hit-and-run crash this doesn’t mean the driver won’t be found or that you can’t obtain coverage or compensation for the harm you or your relative suffered. Unfortunately, many people don’t realize that there are legal remedies available to them. Also, lot of car accident victims worry that working with a North Carolina car accident lawyers will be too expensive. What they don’t realize is that their initial consultation is free, and legal fees are only paid if there is financial recovery with payment coming from the compensation.

Patrol: SUV found that hit, killed Union County man, Charlotte Observer, April 9, 2012

Why drivers hit and run, Deadly Roads

 

More Blog Posts:

North Carolina Motorcycle Accident on Charlotte Motor Speedway Kills 2, Injures 1, North Carolina Injury Lawyer Blog, April 4, 2012

Should we wear helmets while we drive? And other intriguing North Carolina car accident prevention questions, North Carolina Car Accident Lawyer Blog, March 30, 2012

North Carolina Drowning Accident Claims the Life of 12-Year-Old Boy at Wastewater Treatment Plant,  North Carolina Car Accident Lawyer Blog, March 17, 2012

North Carolina Motorcycle Accident on Charlotte Motor Speedway Kills 2, Injures 1

April 4, 2012, by Michael A. DeMayo

Police are still trying to determine what happened to cause a fatal North Carolina motorcycle accident to occur on the Charlotte Motor Speedway on Saturday. Over 60,000 people had gathered for the Veterans Homecoming Celebration when, about 30-minutes after the festivities ended, two bikes collided, killing 66-year-old Alan Mokus and 71-year-old Thomas Hollingworth. Both men were Vietnam veterans. Also injured in the collision was Mokus’s wife Deoborah, 56, who is still in the hospital recovering from a head injury and broken bones.

Concord, North Carolina police have said that the two motorcyclists were coming from opposite directions and going at about 50 mph when they were involved in a head-on crash. Alcohol may have been a factor in this Cabarrus County motorcycle accident but this has not yet been confirmed.

According to The Charlotte Observer, Speedway spokesperson Scott Cooper said that based on an initial review, it looks as if the proper safety procedures related to motorcycle procession exit and entry were implemented. Organizers are said to have worked hard to set up safety guidelines for riders, who were told to stay on the speedway’s apron and not go over 35mph. Over 2,000 motorcyclists are believed to have participated in the procession. Vendors that the speedway had contracted were selling beer at the event.

However, according to some witnesses, after the actual procession, a lot of riders went on the track and they were riding from both directions. One experienced motorcyclist, who didn’t see the Concord motorcycle accident but had participated in the event, is quoted in the Gainesvile Times as saying that there was dangerous activity going on throughout the day. He reported that some riders took unnecessary risks, including going along a steep, banked turn close to the speedway’s big high-definition television screen. He also said that there were times when it was hard to get through the two-way traffic along the speedway, which has unmarked lanes. Also, there were riders without helmets.

North Carolina Motorcycle Accidents

Our Charlotte, North Carolina motorcycle accident lawyers represent victims and their families injured in the state and in South Carolina. We are here to help our clients obtain financial compensation from the parties responsible for the harm that they suffered.

The liable party may be a negligent driver and/or another party. For instance, in this deadly collision, did the Charlotte Motor Speedway do enough to make sure that the riders would be safe? Was there adequate supervision? Were participants instructed on how to go through the speedway safely? Did supervision stop after the procession? Did anyone make sure that riders hadn’t been drinking especially as beer was being sold at the event? Also, were both motorcyclists at fault.

Alto Man Dies in NC Speedway Crash, Gainesville Times, April 3, 2012

Police: Motorcyclist had been drinking before speedway wreck, Charlotte Observer, April 4, 2012

Charlotte Motor Speedway

More Blog Posts:

Raleigh motorcyclist dies following North Carolina injury accident, North Carolina Injury Lawyer Blog, November 3, 2012

Charlotte, North Carolina Accident Claims the Life of Man who was Pushed into the Street During Bar Brawl, March 5, 2012

Charlotte, North Carolina Injury Attorney Michael A. DeMayo is a Member of the Multi-Million Dollar Advocates Forum, North Carolina Injury Lawyer Blog, August 10, 2010

 

 

North Carolina Drowning Accident Claims the Life of a 12-Year-Old Boy at Wastewater-Treatment Plant Lagoon

March 17, 2012, by Michael A. DeMayo

In what appears to be a North Carolina drowning accident in a lagoon at a wastewater-treatment plant, a 12-year-old boy lost his ilfe on Friday after he entered the premise through a back fence with 13 other youths. According to police, the boy slipped on a plastic liner that was there to prevent the waste from leaking through the sides and bottom of the lagoon and landed in the water. Two of the kids he was with jumped in to try to save him but failed.

Rescue workers used a net to sift through the 2-3-acre sewage treatment pond. Unfortunately, lightning forced them to stop the search until Saturday morning.

They recovered the boy’s body at around 11:30am today. Northampton County Emergency Management Coordinator Brian Parnel said that because rescuers were dealing with a sewage treatment bond, divers were not able to the water. Also, because the pond’s bottom is a rubber line that could be ruptured, they could not use drag instruments and metal rods.

 

North Carolina Wrongful Death

If someone you love was killed in an accident on another person’s property, you may have grounds for a wrongful death lawsuit involving North Carolina premises liability. However, a lot of this will depend on the specifics of your case and the experience of your legal representation.

For example, generally, people who were hurt on a property that they weren’t given permission to be on usually cannot sue for damages. That said, there are exceptions.  For example, there is the “attractive nuisance” doctrine. Per the rule, if the property owner anticipates that a minor might enter the property, then the landowner must exercise reasonable care to prevent North Carolina injuries to a minor. The doctrine provides protection to small children or those whose age is “tender.” However, the doctrine doesn’t apply to “common dangers” and in certain cases, it has been found that the premise owner’s responsibility only existed where he/she knew that the minor was on the grounds. Yet there have been cases where constructive knowledge was enough.

Obviously, North Carolina premises liability law, its interpretation, and any exceptions can be complex and difficult to understand without legal help.  Other reasons why someone might choose to sue a property owner for personal injury or wrongful death may involve inadequate security, hazardous conditions, improper maintenance, failure to warn of dangers, failure to remedy unsafe conditions, failure to prevent potential accidents despite the foreseeable scenarios, and neglecting to warn about violent crimes that happened on or near the property.

To schedule your free case evaluation with our Charlotte, North Carolina premises liability law firm, contact The Law Offices of Michael A. DeMayo, LLP today.

Boy, 12, drowns in Northampton County sewage lagoon, NewsObserver, March 17, 2012

Authority Finds Body of Drowned Boy, The Daily Herald, March 17, 2012

 

More Blog Posts: 

Preventing North Carolina Drowning Accidents: CPSC’s Pool and Spa Drain Cover Recall is a Reminder that Entrapment Can Lead to Serious Injuries and Death, North Carolina Injury Lawyer Blog, June 6, 2011

High Point Pool Drowning Accident Claims the Life of Teenager in North Carolina, North Carolina Injury Lawyer Blog, June 22, 2010

Road Where Charlotte, North Carolina Truck Crash that Claimed the Lives of Two Young Brothers Happened Has No Sidewalk, North Carolina Injury Lawyer Blog, February 23, 2012

 

Charlotte, North Carolina Car Accident Claims the Life of Man Who Was Pushed Into the Street During Bar Brawl

March 5, 2012, by Michael A. DeMayo

A 26-year-old man was killed on Saturday after he was injured in a Charlotte, North Carolina car accident that police believe occurred after he was pushed onto the street during a bar fight. The victim’s name is Robert Edward Kingston III.

23-year-old Kenan Wells Gay has been charged with murder in connection with Kingston’s death. According to witnesses, Kingston sustained fatal injuries after a disagreement he was involved in at Ed’s Tavern spilled outside and he was pushed in front of an oncoming BMW. The driver of the vehicle will not face criminal charges over Kingston’s death.

Depending on the specifics of what happened, Kingston’s family could have grounds for a Charlotte, North Carolina wrongful death case against any persons that may have played a role in causing the deadly accident. If inadequate security or negligence on the bar’s part allowed for the brawl to happen, the establishment could also find itself the target of a civil claim. Property owners can be held liable if there was an unsafe or dangerous condition or situation on their grounds that could/should have been avoided or remedied yet wasn’t.  Even if no one intended for Kingston to die, any reckless or careless acts on anyone’s part that contributed to his passing may be reason enough to pursue Charlotte, North Carolina wrongful death damages.

In North Carolina, family members of someone that died due to another’s negligence may be eligible to compensation if, had the victim lived, he/she would have been entitled an action for personal injury damages. Damages for the wrongful death may include medical expenses, pain and suffering, funeral costs, lost wages, loss of protection, assistance, services, care, companionship, society, guidance, or comfort, and possibly even punitive damages if willful/wanton behavior or malice was involved. Loved ones have two years from the date of death to file their claim.

Figuring out the value of one’s North Carolina wrongful death claim can be challenging. By working with a Charlotte, North Carolina personal injury law firm, you increase your chances of getting the maximum recovery possible.  Your legal team can also protect your rights and advocate for your best interests. You definitely do not want to settle with the other parties involvunless you’ve first explored your legal options.

Unfortunately, many insurers will try to get you to settle for the lowest amount possible, which is why it is better that you have a Charlotte, North Carolina wrongful death lawyer dealing with them for you. While a statute of limitations of two years may seem like a long time, there is a lot that your legal representation will have to do to prepare your case to increase your chances of a successful outcome.

Contact the Law Offices of Michael A. DeMayo, LLP and ask for your free case evaluation. The sooner you get started, the better.

Police: Man pushed in front of car outside Dilworth bar, Charlotte Observer, March 5, 2012

Former UNC football player accused of murder after bar fight, WCNC, March 4, 2012

More Blog Posts: 

Fatal North Carolina Truck Accident Brings Traffic to a Standstill, North Carolina  Accident Lawyer Blog, February 13, 2012

Tragic North Carolina Car Accident Claims Life of a Child on Go-Kart, North Carolina  Accident Lawyer Blog, November 6, 2012

Drunk driving a factor in North Carolina Car Accident that Killed 17-year-old Raleigh Student, North Carolina  Accident Lawyer Blog, January 31, 2012

Road Where Charlotte, North Carolina Truck Crash that Claimed the Lives of Two Young Brothers Happened Has No Sidewalk

February 23, 2012, by Michael A. DeMayo

Brothers Kadrien Brewton, 5, and Jeremy Brewton, 1, died yesterday when a Sears delivery truck struck them. The Charlotte, North Carolina truck accident happened in the morning as they were walking with their dad, Jeremy Brewton, to day care. Jeremy and their baby sister, who was in a stroller, did not sustain injuries.

Police have charged truck driver Jerome Brewton with two counts of misdemeanor death by motor vehicle. Neighbors have said that the area of West Tyvola Road where the deadly collision happened is in desperate need of speed bumps or a sidewalk, which doesn’t exist for about a tenth of a mile stretch despite the fact that pedestrians often walk there and two school bus stops are located nearby.

According to the CharlotteObserver.com, a city transportation department spokesperson has confirmed that West Tyvola from West Boulevard to Old Steele Creek Road needs a sidewalk. Previous to yesterday’s crash, two North Carolina pedestrian accidents have taken place on that area of road in the last 15 years.

Depending on who caused the deadly Charlotte, NC truck collision, the children’s families may have grounds for a North Carolina wrongful death case against the truck driver, Sears, and/or the city. The employer of a truck driver that accidentally kills someone in a crash while on the job can be held liable, as can other related parties, such as the contractor that rented the truck or the manufacturer of a truck that was defective. A government entity also can be held responsible for failing to make a road safe enough by not putting into place an appropriate speed limit, speed bumps, sidewalks, a traffic sign, traffic lights, a pedestrian lane, or other necessary elements.

The siblings are not the only ones to lose their lives in a North Carolina traffic crash this week.  Last night, two people died when a sport utility vehicle that was involved in a police chase struck the vehicle that they were riding. The victims are former Belmont Mayor Kevin Loftin, 56, and his friend Donna Jean Deitz, 60. They were pronounced dead at the crash site. Two other people who were riding a PT Cruiser that was also hit sustained minor injuries.

The Gaston car accident occurred at around 10:15pm. The SUV’s driver, Lester Saunders Norman, Jr., was charged with two counts of second-degree murder.  Police say that they started chasing Norman when he failed to stop at a DWI checkpoint. He was reportedly driving at a speed of around 75 mph when the North Carolina auto collision happened. Norman was operating without a license.

Following the crash, police say that Norman attempted to flee the accident site but was soon apprehended. He is charged with reckless driving while intoxicated, felony death by vehicle, failure to stop at a red light, speeding, assault with a deadly weapon on government officials, driving with a revoked license, and resisting a public officer.

In this type of situation, the victims’ families may be able to pursue a claim not just against a negligent driver but also against police if they could/should have been able to prevent the pursuit from turning deadly.

Every Charlotte, North Carolina car accident is different. The only way to find out if you have a case is to speak with an experienced motor vehicle crash law firm right away. At the Law Offices of Michael A. DeMayo, LLP, we represent clients in Gaston, Mecklenburg, Union, Catawba, Cabarrus, Lincoln, Cleveland, Caldwell, Rowan, Iredell, Stanley, Burke, Alexander, Robeson, Richmond, Scotland, Cumberland, and Anson, North Carolina. We also represent clients in Lancaster, Marlboro, Chesterfield, York, and Dillon, South Carolina.

Belmont Mourns friends struck by fleeing driver, Charlotte Observer, February 23, 2012

Father talks about wreck that killed sons, Gaston Gazette, February 23, 2012

More Blog Posts:

Fatal North Carolina Truck Accident Brings Traffic to a Standstill, North Carolina Car Accident Lawyer Blog, February 13, 2012

Tragic North Carolina Car Accident Claims Life of a Child on Go-Kart, North Carolina Car Accident Lawyer Blog, November 6, 2011

Drunk driving a Factor in North Carolina Car Accident that Killed 17-Year-Old Raleigh Student, North Carolina Car Accident Lawyer Blog, January 31, 2012

$20,000 Union County, North Carolina Dog Bite Settlement is Reached in 5-Year-Old’s Waxhaw Wrongful Death

February 15, 2012, by Michael A. DeMayo

The family of 5-year-old Makayla Woodard has reached a $20,000 North Carolina wrongful death settlement with the owner of the two pit bulls that attacked her and her grandmother.  The incident happened on January 12, 2011. Woodard’s 67-year-old grandmother, Nancy Presson, survived the Waxhaw dog attack with serious injuries.

Meantime, the  dogs’ owner, Michael Gordon, is charged with involuntary manslaughter over the tragic North Carolina dog mauling. His homeowner’s insurance will be providing the money to pay the settlement.

The Charlotte Observer reports that prior to the Union County, North Carolina dog attack, neighbors had complained that the pit bulls were allowed to roam free. Although Gordon’s property has a fence, he has acknowledged that the animals were known to jump over it.

According to DogsBite.org, pit bulls are one of the most deadly dog breeds. The Web site reports that its research indicates that between 2005 and 2011, 73% of dog attacks resulting in fatalities involved both pit bull terriers and rottweilers. However, the Web site is quick to point out that pit bulls and their mixes are responsible for over twice as many dog attack incidents as those involving rottweilers.

Because North Carolina has a dog bite statue that protects owners from liability to a certain degree, it is important that you or your loved one is represented by an experienced Union County, NC personal injury law firm that understands the nature of dog attacks and despite the existing dog bite law knows how to successfully work with the legal system to help you or your injured family member recover all of the compensation that you are owed.

Per the statute, a dog owner can be held strictly liable for dog injuries to a person if he/she purposely allowed a canine over 6-months of age to run at large at night. If the owner’s dog did not violate the running at large prohibition, strict liability can exist but the animal needs to have seriously injured or killed a person, been declared “potentially dangerous” in the past due to previous behavior, or was used for dog fighting. A dog can be deemed “potentially dangerous” if it has caused terror to a human being when not on the owner’s property, seriously injured or killed another animal, or bitten a person and caused disfiguring lacerations or broken bones that warranted hospitalization and/or surgery.

As you can see, these stipulations can be tough to get around. Yet they cannot negate the seriousness of injuries, pain, suffering, disfigurement, and loss that can result when a dog attacks a human being. The sooner you start exploring your legal options, the better for you and your family.

Family of 5-year-old killed by pit bulls get $20,000 settlement, Charlotte Observer, February 8, 2012

Michael Gordon indictment, WBTV

DogsBite.org

NC girl dies after pit bull attack, grandmother severely injured, WISTV, January 13, 2011
More Blog Posts:

Waxhaw Pit Bull Attack Leaves 5-Year-Old Dead and Her Grandmother with Serious Injuries, December 1, 2010

Union County, North Carolina Dog Bite Lawsuit Blames School Staff for Incident on the Playground, North Carolina Injury Lawyer Blog, August 31, 2011

Eye Complications Can Develop in Children Suffering from North Carolina Dog Bite Injuries to the Face, North Carolina Injury Lawyer Blog, October 29, 2010

North Carolina Workplace Shooting at Lumber Company Results in Three Deaths and One Injury

January 16, 2012, by Michael A. DeMayo

A shooting at the McBride Lumber Co. claimed the lives of three people, injured another, and ended with the gunman putting a bullet in his head. The latter two remain in critical condition.

The North Carolina shooting incident happened on Friday in Montgomery County. All five people involved work at the lumber company.

According to Sheriff Dempsey Owens, there is a possibility that the shooter, Ronald Dean Davis, 50, may have been the target of harassment on the job. However, this theory has not been verified.

The victims who died are Jose Galdino Lopez Izquierdo, 25, Daniel Thomas Davis, 32, and a third person. Florentino Tellez Aparicio, 21, is still being treated at UNC hospitals.

North Carolina Workers’ Compensation

Employees injured while doing their job are entitled to North Carolina workers’ compensation benefits. Fault doesn’t have to be a factor for an employer to have to pay these benefits. That said, employers are still responsible for creating a safe, non-hostile environment that is free of any hazards or dangers that could cause serious injuries or deaths. Victims and their families also may have grounds for filing third party lawsuits against liable third persons or entities. You generally cannot sue the employer for North Carolina personal injury or wrongful death. For loved ones who have lost someone who was injured in a work incident, you should be entitled to death benefits from the employer’s insurer.

Friday’s incident is not the only shooting to recently occur at a North Carolina workplace. Charlotte-Mecklenburg police are searching for two men in connection with a robbery and the shooting death of Fast Wok restaurant employee Edward Rosen. The 52-year-old was fatally shot while working at the Charlotte, North Carolina restaurant earlier this month.

Of course, who can forget the deadly North Carolina shooting rampage that took place in 2009 when Robert Stewart stormed into the Pinelake Health and Rehabilitation Center and shot 11 people. 8 of his victim, one nurse and seven elderly residents, died.

Stewart was reportedly targeting his wife.  Last year, a jury convicted him of second-degree murder. He will spend the rest of his life in prison. North Carolina wrongful death lawsuits have already been filed over the catastrophic shooting.

Unfortunately, insurance companies can try to delay or reject your claim for North Carolina workers’ compensation or survivor benefits. To make sure that you receive the benefits that you are owed in a timely manner, you should speak with an experienced Charlotte, North Carolina personal injury law firm that handles work comp cases.

The Law Offices of Michael A. DeMayo represents clients in the North Carolina counties of Iredell, Gaston, Mecklenburg, Stanly, Catawba, Alexander, Cabarrus, Rowan, Union, Burke, Lincoln,  Scotland, Robeson, Anson, Cleveland, Richmond, Caldwell, and Cumberland and the South Carolina counties of Lancaster, York, Marlboro, Chesterfield, and Dillon.

Victims of Star Shooting Spree Identified, North Carolina, WRAL, January 17, 2012

Chinese restaurant worker shot, killed during robbery in Charlotte, January 15, 2012

3 Killed in North Carolina workplace shooting, January 13, 2012

More Blog Posts:

North Carolina Nursing Home Shooting Rampage: Man Found Guilty of Second-Degree Murder, North Carolina Injury Lawyer Blog, September 12, 2011

North Carolina Workers’ Compensation Lessons: Getting over the Fear of Asking for Help, North Carolina Injury Lawyer Blog, January 14, 2012

North Carolina Wrongful Death Lawsuit Seeks Damages from Four Asheville Bars Over Fatal Car Crash, North Carolina Injury Lawyer Blog, October 16, 2011

 

North Carolina Wrongful Death Lawsuit Seeks Damages from Four Asheville Bars Over Fatal Car Crash

October 16, 2011, by Michael A. DeMayo

A year after a drunk driver killed Mandie Kirkconnell in an Asheville car crash, her estate is suing four bars for her North Carolina wrongful death. Kirkconnell suffered fatal injuries on October 2, 2010 when her vehicle was hit by a car driven by Jennifer Kessler, whose BAC at the time was .262%. That’s more than three times above the .08% legal limit. The 26-year-old later pleaded guilty to driving while impaired, felony death by vehicle, and reckless driving to endanger.

The defendants in this North Carolina wrongful death complaint are The Orange Peel, Highland Brewing Co., Temptations Red Room, and Sazerac. Per the civil lawsuit, employees at Highland Brewing, where Kessler first stopped, either should have known or already knew that she was drunk when they served her drinks. She drank more alcohol at the other three bars.

There is a North Carolina statute that bars establishments with Alcoholic Beverage Control permits from knowingly giving or selling alcohol to anyone who is ‘intoxicated.” Also, when third party ended up getting hurt or dying in a drunk driving accident because an establishments sold alcohol to minors or an already intoxicated persons, the state allows for the latter to be held liable through North Carolina personal injury and wrongful death complaints. Recovery is limited to $500,000.

Drunk Driving
According to a paper recently published by U.S. Centers for Disease Control and Prevention researchers, even though drunk driving appears to have gone down 30% in the last five years, about 4 million Americans still acknowledge to having at least once driven while under the influence of alcohol. This has led to 112 million alcohol impaired driving-related incidents and thousands of deaths. That’s still 1/3rd of all driving deaths.

Telephone survey data was used by the CDC used telephone survey data to put together its drunk driving figures for 2010. Among its latest statistics:

• 81% of drunk driving incidents involved men.
• 85% of those involved in impaired driving incidents have engaged in binge drinking.
• People who didn’t consistently use seat belts were four times more likely to drive drunk.

The CDC researchers’ report can be found in the agency’s Morbidity and Mortality Weekly Report.

Drunk driving can cause devastating injuries for those involved. It makes no sense for lives to be lost and families destroyed because someone decided to get into a car and drive. You may have a Charlotte, North Carolina car accident case against a drunk driver or the party/parties that served the motorist alcohol or allowed him/her to drive while intoxicated.

Medical expenses, lost wages, lost benefits, rehabilitation costs, pain and suffering, and funeral and cremation expenses can take a financial toll on the lives of victims and loved ones. There is no reason why you have to foot these burdens alone. Making the responsible parties pay is also a way to hold them accountable for their actions.

Lawsuit seeks damages in fatal drunk driving crash in Asheville, Citizen Times, October 13, 2011

Drunk driving down, still a factor in a third of crash deaths, Los Angeles Times, October 4, 2011


Related Web Resources:

Social Host Liability, National Highway Traffic Safety Administration

Morbidity and Mortality Weekly Report, CDC

More Blog Posts:
Horrific DUI North Carolina School Bus Accident Raises Troubling Questions, North Carolina Car Accident Lawyer Blog, May 27, 2011

DWI Driver Seriously Hurts Eight People in North Carolina Auto Accident, North Carolina Car Accident Lawyer Blog, May 12, 2011

Former News Anchor Tolly Carr Settles North Carolina Wrongful Death Lawsuit with Family of Man Killed in Drunk Driving Accident, North Carolina Injury Lawyers Blog, November 24, 2008

 
 

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