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Dog Bites Cases And Strict Liability

Our dogs often turn into another family member. Most of the time, the average dog does no harm to anyone.

Still, dogs are animals and are even genetically related to wolves. Though they have been domesticated, they still have their instincts. Dogsbite.com reports that up to 700 fatal dog bite attacks happened in 2016.

Dog bites are especially dangerous for children. Most people who receive serious injuries resulting from dog bites are children.

The majority of such incidents do not occur as a result of being exposed to a stray or unfamiliar dogs. Instead, they happen with a dog that child already knows. Unfortunately, this means that your own family dog could be the biggest threat to your children’s safety.

The Theory of Strict Liability in Dog Bite Cases

Dog Bite LawyerDog bite cases in most states apply the theory of strict liability. This theory states that the dog’s owner is responsible for any injury their pet causes if the injured party can show that the dog caused his or her injuries. Therefore, if you have suffered a personal injury after a dog bite, you might only have to prove you were bitten by the dog to secure compensation.

A common tactic utilized by defense attorneys in strict liability dog bite cases is that of asserting the victim taunted the animal or otherwise provoked it to attack.

As an example, the defense could argue that the victim threw a rock at the dog or was trespassing at the time of the incident. If this scenario were true, the dog’s owner would be relieved of any liability. The law allows for dogs to defend their territory when responding to a legitimate threat such as a trespasser.

Steps to take after being the victim of a dog bite

  • Seek medical attention. This will be as vital for your own health as it will be for strengthening your case against the dog’s owner.
  • Take pictures of your dog bite injury as soon as possible. This provides additional proof about your injuries.
  • Contact an experienced dog bite personal injury lawyer. Prepare to talk about the situation that led to the dog bite and what options you have in seeking damages for your wounds.

If you’ve been bitten by a dog, our personal injury lawyers can handle your case.

Contact us today and begin the process of receiving the compensation you deserve.  We will pursue your case to the fullest extent of the law.

 

 

 

 

 

Sources:

https://www.dogsbite.org/dog-bite-statistics.php

https://www.nolo.com/legal-encyclopedia/dog-bite-statutes.html

http://thenyelawgroup.com/savannah/dog-bites-lawyers/

Important Steps for Medical Malpractice Victims To Take in North Carolina

Many people place tremendous faith in the medical professionals they entrust their care to. However, a mistake by any member of a medical staff can have a profound impact on the well-being of a patient, and people can suffer devastating injuries or outcomes as the result of medical malpractice.

If you believe that you or your loved one has been the victim of a medical error in North Carolina, you will want to contact the Nye Law Group as soon as possible. Our experienced Charlotte personal injury attorney can provide a complete evaluation of your case as soon as you call (855) 636-9277 to schedule a free consultation.

North Carolina Medical Malpractice Laws

medical malpractice lawyerIt is important to understand that a medical malpractice action in North Carolina needs to be predicated on some type of error or a failure to provide an acceptable standard of care. Simple dissatisfaction with a medical condition or procedure is not the basis for a legal claim.

North Carolina General Statute § 90-21.11(2)a. defines a medical malpractice action as a civil action for damages for personal injury or death arising out of a health care provider’s furnishing or failure to furnish professional services in the performance of medical, dental, or other health care. Under North Carolina General Statute § 90-21.11(2)b., a medical malpractice action is also a civil action against a hospital, a nursing home licensed, or an adult care home for damages for personal injury or death when:

  •   the civil action alleges a breach of duties to the patient
  •   the civil action arises from the same facts or circumstances as a claim under North Carolina General Statute § 90-21.11(2)a.

It is important to note that North Carolina General Statute § 90-21.19 establishes that the total amount of noneconomic damages (damages awarded for more subjective types of harm such as pain and suffering) in a medical malpractice action cannot exceed $500,000. The Office of State Budget and Management resets this figure annually based on the Consumer Price Index, and the limit was $533,409 as of January 1, 2017.

Time Limits on Medical Malpractice Actions in North Carolina

Any person who thinks he or she or a loved one has been the victim of medical malpractice will want to immediately retain legal counsel. Medical malpractice claims are extraordinarily complex to investigate, and victims often have a very limited amount of time to take legal action.

In North Carolina, the statute of limitation for filing a medical malpractice action is limited to three years from the date of the underlying medical error under North Carolina General Statute § 1-15. The same statute does provide a number of exceptions, however.

For example, when an injury is not immediately known or apparent, a victim has one year from the date of discovery to file a claim if two or more years have passed since the underlying medical procedure. No medical malpractice action can be filed more than four years after the underlying cause of action, although a person is allowed up to 10 years to file a claim relating to a foreign object being left in the body when the suit is filed within one year of the discovery.

Medical Malpractice Lawyer in Charlotte, NC

Were you or your loved one the victim of medical malpractice in North Carolina? Make sure you contact the Nye Law Group before speaking to any insurance company.

Our firm will work tirelessly to help you get justice and obtain all of the compensation you need and deserve. Call (855) 636-9277 or contact us online to have our Charlotte personal injury attorney review your case and help you understand all of your legal options.

Reasons Commercial Truck Crashes Are Different From Regular Car Accidents

Companies operating commercial vehicles that transport passengers or haul cargo in interstate commerce are not only required to be registered with the Federal Motor Carrier Safety Administration (FMCSA) and have a United States Department of Transportation (USDOT) Number. They must also must obtain insurance policies that satisfy specific FMCSA requirements. Any accident involving a commercial vehicle becomes instantly more complicated for average people because multiple parties could bear some degree of liability.

The extraordinary complexity of commercial truck crashes makes it critical for any person who has been injured or whose loved one was killed in such an accident to immediately retain legal counsel. The Nye Law Group represents clients in communities all over Georgia. Call (855) 636-9277 to take advantage of a free consultation that will allow our Savannah personal injury lawyer to review your case and answer all of your legal questions.

Common Causes of Commercial Truck Accidents in Georgia

Truck Accident Lawyer GaWhile many commercial truck crashes can initially appear to have been the result of some kind of driver error, a truck driver is not always necessarily negligent. In some cases, a driver may have been powerless to control his or her vehicle because of mechanical issues that were the result of inadequate or improper maintenance.

For this reason, it is especially critical for victims of commercial truck crashes to quickly hire a personal injury attorney who can begin an independent investigation. The much larger limits of insurance policies carried by most commercial trucking companies frequently mean that insurers will aggressively seek ways to minimize liability for a trucking company.

Some of the most common causes of commercial truck accidents in Georgia include, but are not limited to:

  •      Brake failure
  •      Driver fatigue
  •      Driving under the influence (DUI) of alcohol, drugs, or other intoxicating substances
  •      Tire blowout
  •      Improperly loaded cargo
  •      Other drivers
  •      Other mechanical failures

Liability in Georgia Commercial Truck Accidents

Another important difference between commercial truck crashes and common car accidents concerns the party that is ultimately liable to the victim. Whereas a negligent driver is usually responsible for all damages, commercial truck drivers rarely have the personal insurance policy limits or wealth necessary to pay the full amounts involved in these types of cases.

In many cases, several other parties besides the driver could be held legally responsible for a victim’s damages. Depending on the specific cause of an accident, liable parties could include the:

  •      Trucking Company
  •      Truck Part Manufacturer
  •      Equipment Manufacturer
  •      Trailer Owner
  •      Load Owner
  •      Maintenance Company

Commercial Truck Accident Attorney in Savannah, GA

Did you suffer catastrophic injuries or was your loved one killed in a commercial truck crash in Georgia? You will want to contact the Nye Law Group as soon as possible.

Our firm can fight to make sure that you obtain all of the compensation you are entitled to for your medical expenses, lost wages, and other damages. You can have our Savannah personal injury lawyer provide a complete evaluation of your case as soon as you call (855) 636-9277 or contact us online today.

Actions To Take After a Car Accident in South Carolina

Many people have been involved in motor vehicle collisions, but certain wrecks require the individuals involved to take steps to preserve their opportunities to obtain compensation for various damages. The immediate aftermath of any crash can be an extremely confusing and disorienting time, especially when a victim has suffered serious injuries so it’s important to know about these steps before an accident occurs.

Injured in a Car Accident

Car Accident LawyerIf you sustained severe injuries or your loved one was killed in an automobile accident in South Carolina, it is in your best interest to retain legal counsel as soon as possible. The Nye Law Group can fight to get you all of the compensation you need and deserve. Call (855) 636-9277 to have our firm review your case and help you understand all of your legal options during a free consultation.

Common Causes of Car Accidents in South Carolina

Most crashes are the result of some kind of driver negligence. In such cases, a negligent driver is liable to victims for their injuries.

Some of the most frequent causes of automobile accidents in South Carolina include, but are not limited to:

When you have been involved in any kind of crash, the first thing you should do is make sure that you receive medical attention. Even if you do not think that you were hurt, you should still consent to a medical evaluation to be sure you did not sustain an injury with delayed symptoms. Insurance companies defending negligent motorists will use any delay in treatment to argue that a victim’s injuries were not that serious.

It is also important for car accident victims to avoid speaking to insurers until they have legal representation.

South Carolina Insurance Requirements

South Carolina requires all motorists to maintain automobile insurance policies that satisfy state minimums. In South Carolina, all drivers are required to have at least a 25/50/25 policy of liability and physical damage coverage.

The 25/50/25 refers to the following insurance minimums:

  • $25,000 per person for bodily injury
  • $50,000 for all persons injured in one accident
  • $25,000 for all property damage

In certain cases, negligent parties may not have any insurance or may have inadequate insurance limits to cover the costs of the damages caused. An experienced personal injury lawyer can help a victim file a claim with his or her own insurance provider to possibly collect under an uninsured or underinsured policy.

Car Accident Attorney in Bluffton, SC

Did you suffer catastrophic injuries or was your loved one killed in a car crash in South Carolina? You will want to contact the Nye Law Group as soon as possible.

Our Bluffton personal injury lawyer can conduct an independent investigation to determine the cause of your crash and make sure all negligent parties are held fully accountable. Call (855) 636-9277 or conact us online to have our South Carolina personal injury attorney provide an honest and thorough evaluation of your case.

Important Steps After a Slip And Fall Accident in North Carolina

Incidents in which people suffer serious injuries because of dangerous property conditions are commonly referred to as “slip and fall” accidents. Victims can be entitled to compensation when their injuries are the result of a property owner’s negligence, but insurance companies for such property owners will frequently claim that victims were largely—or possibly even entirely—to blame for their own injuries.

When you or a loved one has suffered severe injuries as the result of a slip and fall accident, it is in your best interest to immediately seek legal representation. State law only allows you three years to commence legal aciton. Contact the Nye Law Group for an aggressive and committed advocate for your legal rights.

Preserve Evidence

slip and fall accidentOne of the most important things that any victim can do in a slip and fall accident case is making sure to get multiple photographs of the particular hazardous situation that caused the injuries. In many cases (especially those at businesses), wet floors or other evidence of dangerous conditions will be quickly rectified and all evidence thus disappears.

If a victim’s injuries require immediate medical attention, he or she should try to have a friend or family member take pictures on his or her behalf. Photographs should be taken from multiple angles and multiple distances.

It can also be beneficial to get the contact information of all witnesses who saw the accident. Try to obtain names and phone numbers or email addresses.

File a Report

If you are injured in a slip and fall accident in a place of business, make sure you file a report with the manager on duty. Ask for a copy of the report.

Whatever you do, do not admit any kind of fault for the accident. In fact, you should avoid speaking to anybody about your experience until you have legal representation. Do not sign any agreements without first having paperwork reviewed by legal counsel.

It is especially important to contact an attorney before speaking to the negligent party’s insurance company about your accident. Insurers have a mission to resolve these claims for as little as possible, and insurance companies frequently attempt to get victims to make damaging recorded statements that are later used to reduce the payouts for injury claims.

Legal counsel can assist in negotiating a settlement that accounts for all of your past, present, and future needs. When an insurance company is unwilling to provide an adequate settlement offer, the attorney can file a lawsuit to have the case tried in a court of law and possibly allow a jury to award damages.

Find a Slip and Fall Accident Lawyer in North Carolina

If you sustained serious injuries or your loved one was killed in a slip and fall accident in North Carolina, you should not delay in contacting the Nye Law Group. Our firm will fight to make sure that you get every last dime of compensation you are entitled to.

Our experienced personal injury lawyers can work to help you obtain damages for all of your medical expenses, lost wages, and pain and suffering. Call 855-636-9277 or contact us online right now to receive a free consultation that will let our attorneys provide an honest and thorough evaluation of your case.

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402 West Trade Street,
Suite 112
Charlotte, NC

704-285-6319 get directions

119 Southern Boulevard, Savannah, GA 31405

912-200-5230 get directions
View all locations
CONTACT US

NO PRESSURE. SPEAK TO AN ATTORNEY. NO HIDDEN FEES.

* All Fields Required

Or Call 912-200-5230