productionnye – Page 28 – The Nye Law Group, P.C.

Understanding Time Limits for Filing Wrongful Death Claims in North Carolina

Posted on March 21, 2018February 7, 2024 by productionnye

While the statute of limitations (time limit) for filing most personal injury claims in North Carolina is three years, it is important for people to understand that a different statute of limitations applies to matters concerning wrongful death. Under North Carolina General Statute § 1-53, people only have two years to commence legal actions for damages relating to the deaths of persons caused by the wrongful acts of other parties.

In the immediate aftermath of a loved one’s death, these time limits are understandably not the primary focus of any member of a grieving family. It still becomes critical for someone to seek legal representation as soon as possible in order to quickly begin a complete investigation into the circumstances surrounding the fatal accident so important evidence can be seized and all necessary paperwork can be filed in court before deadlines expire.

North Carolina Wrongful Death Laws

North Carolina General Statute § 28A-18-2 establishes that the person who files a wrongful death must be the personal representative of the deceased’s estate. In most cases, this is the deceased’s surviving spouse, adult children, or parents.

In some cases, the personal representative is the person appointed by the court as administrator of the estate in accordance with North Carolina intestate succession laws. If a person named in a will or other estate plan is unable or unwilling to serve as personal representative, the court can appoint a different individual. The court also appoints an individual when there was no will or estate plan.

Under North Carolina General Statute § 28A-18-2(b), damages recoverable in wrongful death cases include:

Medical expenses;
Descendant’s pain and suffering;
Reasonable funeral expenses;
Lost income;
Loss of services, protection, care and assistance of the decedent
Loss of society, companionship, comfort, guidance, kindly offices and advice of the decedent;
Punitive damages; and
Nominal damages.

Common Causes of Wrongful Death in North Carolina

People can be killed in any one of a number of possible accidents in North Carolina. Anybody who is uncertain about who could be liable or whether an accident constitutes the basis for a legal claim should not attempt to handle such a claim on his or her own.

The Nye Law Group handles a wide variety of fatal accident cases stemming from such incidents as:

Boating accidents;
Construction accidents;
Dangerous drugs;
Defective medical devices;
Defective products;
Dog bites;
Medical malpractice;
Mesothelioma;
Motorcycle accidents;
Nursing home abuse;
Product liability; and
Truck accidents.

Again, it is important to keep in mind the extremely limited amount of time that families have to hold negligent parties accountable for these types of cases. If your loved one was recently killed in any kind of accident in North Carolina, you should not delay in seeking legal counsel.

Find a Wrongful Death Attorney in North Carolina

The Nye Law Group is located in Charlotte but serves many surrounding communities in North Carolina. We understand that families need and deserve time to grieve, so we handle all required paperwork and court appearances necessary to pursuing wrongful death actions.

Call 855-636-9277 today to take advantage of a completely free, no-obligation consultation that will help our firm provide an honest and thorough evaluation of your case.

What Happens If I Was Partially at Fault in My South Carolina Car Accident?

Posted on March 21, 2018February 7, 2024 by productionnye

It is not uncommon for a victim who was seriously injured in a car accident to at some point in the aftermath begin to question how much his or her own actions contributed to a crash occurring. Many people internally replay these events in their minds and wonder how doing something different could have lessened the severity of their injuries or possibly avoided the accident even occurring.

While this line of thinking is perfectly normal, people who are beginning to wonder how their own actions might have contributed to an accident occurring should not be speaking to an insurance company representing any of the other drivers involved. Rest assured, any admission a person makes about something he or she could have or wishes he or she would have done differently will be used against him or her later on.

Car accidents all over South Carolina can be the result of negligence by multiple parties. Fortunately, state law in South Carolina recognizes that one party in such cases usually bears the brunt of the blame and allows for damages to be apportioned according to the degree of fault allocated to each party.

South Carolina Laws on Comparative Negligence

Under South Carolina Code § 15-1-300, a plaintiff’s contributory negligence in any motor vehicle action does not bar recovery of damages so long as his or her share of negligence was not more than the defendant’s (or the combined negligence of all other parties in cases involving multiple defendants). This is commonly known as the “51 percent” rule (commonly referred to as a “modified comparative negligence” system), and a person who was 51 percent or more at fault for his or her injuries is unable to recover any damages.

In all other cases, a plaintiff’s jury award can be reduced by the amount of fault assigned to him or her. For example, if a plaintiff is awarded $100,000 in a case in which the plaintiff was struck by an individual who ran a red light, the plaintiff’s award could be reduced if the nature of his injuries was worsened by not wearing a seatbelt.

In such a case, the jury could decide that a plaintiff is 25 percent at fault for his or her injuries. The defendant would, thus, still be obligated to pay the plaintiff $75,000.

Avoid Admitting Fault After a Car Crash in South Carolina

The first thing you should do after any kind of car accident in South Carolina is seek medical attention—even if you do not think that you were hurt. The next thing you should do is seek legal representation.

An experienced personal injury attorney will be able to immediately begin conducting an investigation into your accident. Additionally, a lawyer can handle all phone calls from insurers for other parties on your behalf so you can avoid making any damaging recorded statements.

Agents for insurance companies often contact victims very quickly after these accidents and will sometimes make what can sound like sincere and occasionally generous offers to settle cases—to avoid “bringing lawyers into this.” Keep in mind that these settlements rarely account for the full lifetime of care that can be required, and agreeing to such settlements requires signing paperwork that leaves victims without any legal recourse once the awards have been exhausted.

Find a Car Accident Attorney in South Carolina

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

Our firm provides a free, no-obligation consultation so our experienced personal injury attorneys can review your case and help you understand all of your legal options.

How Are Taxi Accidents Different From Ridesharing Accidents in Georgia?

Posted on March 21, 2018November 13, 2023 by productionnye

Residents and visitors alike can often require transportation on short notice in order to get to certain locations in Georgia. Many people who cannot afford wait for Metropolitan Atlanta Rapid Transit Authority (MARTA) buses or trains thus rely on a local taxi or so-called “ridesharing” services such as Uber, Lyft, or Sidecar.

While ridesharing and taxi services can be extremely valuable to people in certain situations, it can often be difficult for victims to determine who is exactly liable when they are injured in accidents involving these types of vehicles. Ridesharing companies and taxi companies operate under different insurance requirements, which can impact a victim’s personal injury claim.

Georgia Requirements for Taxi and Ride-Sharing Services

Unfortunately, the State of Georgia does not impose any additional minimum automobile insurance requirements on taxi companies. This means that the traditional taxi driver is not obligated to carry a policy that provides for more than the $25,000 per victim and $50,000 for all victims in connection with an auto accident.

The law is much different for ridesharing companies, however. With the passage of House Bill (HB) in May 2015, rideshare drivers are required to maintain automobile insurance policies that provide $300,000 in coverage when they are between fares and are not actively transporting passengers. If a ridesharing driver does have a passenger, then the policy must provide a minimum of $1 million in coverage.

In many cases, taxi and ridesharing companies will vehemently argue that they bear no liability for these accidents, whether it is because a crash occurred while a driver was “off the clock” or the driver was an independent contractor whose conduct violated stated company policies. Certain admissions may be evidence of negligent hiring practices for which the company could still be held liable.

What You Should Do After a Taxi, Uber, or Lyft Accident in Georgia

The first thing any person should do after being injured in an accident caused by a taxi or ridesharing driver is to seek medical attention. Even if you think that you were not hurt, certain injuries do not display symptoms until much later. Additionally, the insurance company for the negligent party will use any delay in treatment as supposed evidence that your injuries are not as serious as you claim.

If possible, you should try to take as many photographs as possible of the scene of your crash. If you are unable to return to the scene, try to have a friend or family member do this for you. Take these photographs from as many angles and distances as possible. No lawyer will ever tell you that you took too many pictures.

Finally, you should quickly seek legal representation. Contact The Nye Law Group before accepting any phone calls from an insurer for the negligent party.

Agents for insurance companies may express seemingly sincere concern about your well-being and make promises to fully compensate you for your losses, often while encouraging you not to bother contacting an attorney. They do this because they know that without a lawyer, most people are unaware of how much money they are actually entitled to and, thus, can be more likely to accept settlement amounts that do not account for costs victims incur later on.

Find a Taxi Accident Attorney in Georgia

The Nye Law Group has Georgia offices in Savannah and Hinesville. Our experienced personal injury attorneys can fight to make sure you get every single dollar you are entitled to.

Call 855-636-9277 today to schedule a free, no-obligation consultation that will let our firm review your case and discuss all of your legal options.

Class Action Lawsuits: What Are they? How Do they Work?

Posted on March 14, 2018February 7, 2024 by productionnye

You may feel as if you are the only one in the world who got stuck with the car that has defects. As you sit in the hospital bed after your catastrophic accident, you wonder what went wrong on the roadways and how you will be able to recover. You know that a manufacturer is to blame for a defective part, but you aren’t sure how to move forward with a claim. Sometimes, you aren’t as alone as you once thought – because a class action lawsuit is right around the corner. But what is this option and how do they work?

Understanding Class Action Lawsuits

A class- action lawsuit takes place when multiple people, all part of the same large group, have suffered similar harm when it comes to an accident. You tend to see these cases pop up when a manufacturer has sold a defective product that tends to cause the same type of harm, and many people suffer because of it. A classic example is a vehicle part that doesn’t work. We’ve seen many cases pop up in the past where a defective airbag didn’t come out and, as a result, drivers had no protection in an accident. Another case would be defective brakes or a car that accelerates when it isn’t supposed to. As you can see, cases like these can become quite dangerous in a short amount of time. With many other people sharing the roadways, this could spell disaster.

Ever since the implementation of what is known as the ‘Class Action Fairness Act of 2005,’ it is now easier for class action lawsuits to automatically become federal court property. Has a defective product caused hazardous scenarios on the roadways and, as a result, you and many others have suffered? It may be a good idea to bring a claim through one of these specific lawsuits, as your chances of recovery may be greater than ever before.

Here are some things you should know, though: You can only bring a class action lawsuit if people have been injured in the same way due to the defective product. For instance, what if people used a defective drug and they all experienced different adverse side effects? They may believe that, because the drug didn’t work for them, they have a case. This is not true, though, if they all reacted differently and it wasn’t the fault of the drug. There is also a lead plaintiff in these cases, who are not permitted to have any type of conflict with other case members. The lead plaintiff will make their case so that others can follow suit, but should never attempt to split the damages unfairly.

Should I Or Shouldn’t I?

Luckily, you have the choice to go through with a class action lawsuit or not. If you choose not to be part of the case and want to bring your own claim, you can opt out. There is always the chance that the class action lawsuit will settle for less than you wanted, so that is something to think about. However, in other cases, it looks good to have many people on your side, which is an advantage in these cases. As you can see, there are many different aspects to think about.

You may be worried about how much settlement you’re going to obtain through your lawsuit, and that’s fine because it makes sense to worry about a case that means so much to you. You’ve been injured and you want the very best opportunity, which is why you may want to consider the class action lawsuit in your case. Call us at the Nye Law Group so we can help you as soon as possible with your claim. We are waiting to hear from you at 855-636-9277.

Sources:

https://law.freeadvice.com/litigation/class_actions/class-action-lawsuit.htm

http://thenyelawgroup.com/

Scarring And Disfigurement From Car Accident Burns

Posted on March 14, 2018February 7, 2024 by productionnye

In a car accident, some of the most common injuries include burns and lacerations. If you have been injured in an accident and there was a fire, leading to severe burns, you know that it could be quite some time before you are back on your feet. These injuries can be very debilitating with long healing periods, which can lead to a painful and emotional journey. If somebody’s negligence put you in this position and you know that you will be left with the remnants of your accident for a long time, you have rights – and we want to help.

Understanding the Severity of Your Burns

With millions of burn injuries happening in the U.S. every year, this is no rare occurrence. Burn injuries can range anywhere from very minor to extremely serious, which is why you should always understand the extent of your injury and how it will affect your life. Here are the many types of burns:

First Degree: First-degree burns are the least severe types, but they can still be extremely painful. Usually, it only affects the top layer of skin. Though there are not many risks associated with these burns, there is a chance that the skin could become infected without proper treatment.

Second Degree: The first and second layer of skin is burned in these accidents. Usually, you will see blisters pop up. You could experience a decrease in blood flow, leading to swelling. This can easily turn into a third-degree burn when not properly treated.

Third Degree: These are the most severe types of burns. All layers of skin are destroyed, which means that you could suffer from these burns for quite some time. Extensive measures must be taken, such as skin grafts, so that damage can be repaired.

As you can see, in minor cases, a bit of medical treatment will be required. In the most severe cases, you could see the introduction of multiple surgeries and a lasting impression on your life. This could include long and complex hospital stays, surgeries, rehabilitation and so much more. And how do you keep up with the payments when you receive an injury you never asked for?

Receiving Damages for Your Injuries

Yes, scarring can lead to inflexibility and many painful times. However, one of the most lasting impressions made by these injuries is the disfigurement when these burns have caused permanent scarring. This may have you feeling embarrassed after your accident, wondering how you will ever be able to face the world in the same way that you did before your accident took place. If you have suffered from disfigurement due to an auto accident that was another party’s fault, they may be liable for your damages and the emotional impact that it could have on your life for quite some time.

You want to make the most out of your claim but you aren’t sure of what to expect, or how scars are valued in an injury claim. Perhaps the embarrassment you have suffered has taken an extreme toll on your life, or you have spoken to a doctor about scar removal and the procedure is bound to be expensive. These are things that will be discussed in your case for the future of your scars and disfigurement case. We can help you at the Nye Law Group, where your accident claim means everything to us. Call us for more information at 855-636-9277.

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Author: productionnye