Blog – Page 40 – The Nye Law Group, P.C.

When You Have Been Injured By An Uninsured Driver

Posted on March 28, 2018February 7, 2024 by productionnye

What happens when you have been injured in an accident involving another driver? If the other driver is at fault for your injuries, usually you will move forward with a claim and you will receive the recovery you deserve. But what happens in a case when the other driver has clearly injured you and they have no car insurance to help cover your injuries under their policy? Today we will take a look at how your case works in North Carolina, and how you can protect your rights from the very beginning.

North-Carolina: An At-Fault State

If you live in a no-fault car insurance state, such as Florida or Pennsylvania, you will find that you have to look at your own insurance policy when it comes to economic losses and recovery. This is the case even when the other driver is at fault for an accident. However, North Carolina does not work the same way; they are an at-fault state in a traditional sense, which means that the insurance policy of the other driver is supposed to cover your losses like medical expenses, lost wages, and more. What happens if the other driver is uninsured, though, and now you aren’t sure how you’re going to recover?

Luckily, your insurance offers you what is known as “uninsured motorist” coverage. This protects you from the risk of being injured in an accident with a driver who does not carry any type of insurance, which is something that thousands upon thousands of drivers get away with every year. However, it will only cover up to your policy, so if you have any more damages or non-economic damages, you will still have to make a claim against a driver. Non-economic damages can be pursued in a lawsuit for things like emotional suffering, anguish, loss of companionship, and lost quality of life.

Steps to Take After Your Accident

It is an unfortunate fact that, after an uninsured motorist hits you, they could try to flee the scene because they know that it will be a long and complicated process. You want to understand how to retain your rights after one of these accidents and protect yourself in your time of need.

Call the Police: No matter what, you should always call the police to the scene of the accident if you have been injured. This is most important, however, in the case of an uninsured driver. You want to make sure you do everything possible when it comes to having your expenses covered, so document what you can.

Information Exchange: You should always gain contact information from the other party. This is usually when you will find out that the other party does not have insurance, which is why it is important to get the contact info you can. You also want to collect information from any witnesses.

Insurance Company: Your insurance company will let you know what you can and can’t do according to your policy. If you have uninsured motorist protection, you can find out more about how this works to protect you.

When it comes to your car accident, we can help you in every way possible. If the other driver was uninsured and you don’t have protections through your own policy, you could find yourself in a situation where you need legal assistance on your side. Luckily, we can help in your time of need. Call us as soon as possible to get started on your case at 855-636-9277.

Sources:

https://www.lawyers.com/legal-info/personal-injury/auto-accidents/what-if-im-hit-by-an-uninsured-driver.html

http://blog.esurance.com/accident-with-uninsured-driver/

http://thenyelawgroup.com/

The Most Common Types of Medical Malpractice You Could Find

Posted on March 28, 2018November 13, 2023 by productionnye

What is medical malpractice? This is something that unfortunately happens to people every day and involves a healthcare professional who breaches their duty of care to a patient. When these accidents do occur, the consequences can be devastating, leaving a patient in a bad state as they suffer from their injuries. There are many common types of medical malpractice from childbirth injuries to misdiagnosis. Today we will talk about all the different types so that you can prepare yourself for your case.

Some common Medical Malpractice types:

Misdiagnosis: There are different types of misdiagnosis like missed or delayed diagnosis. When a doctor fails to diagnose you with a disease or other illness for a certain period of time, you could miss the proper treatment. For instance, what if a doctor says that the pain in your underarm is a normal growing pain and fails to order tests? What if, two years down the road, you have advanced stage breast cancer because a doctor didn’t properly diagnose you? As you can see, a misdiagnosis could prevent real issues. The key, in this case, is proving that a competent doctor would not have made the same mistakes as your doctor and that they should be held liable in your case.

Childbirth Injuries: Unfortunately, a number of childbirth injuries happen to children every year in the U.S. Some of the most severe cases lead to disorders like cerebral palsy and seizures, or fractured bones and even paralysis. Sometimes, you have to consider the fact that a child had these disorders due to other factors. But other times, a doctor’s negligence could have caused these issues when the doctor didn’t treat a condition or failed to do a C-section even though the birth called for it.

Sometimes, the negligence takes place during the pregnancy as well. For instance, a doctor may not have given a patient the best prenatal care or failed to diagnose gestational diabetes or preeclampsia, which could cause the baby harm. A doctor should do everything in their nature to ensure that the pregnancy and birth go as smoothly as possible, which means treating the mother when it calls for it.

Medication Errors: Medication errors happen because a doctor makes a mistake and prescribes the wrong medication, fails to take notice of a potentially harmful drug interaction, and much more. In hospitals, we always hear of patients who are given the wrong prescription for their ailments. They are also given too much of a medication, which could end in disastrous results.

Surgery Errors: Surgery errors sometimes occur as well. For instance, a surgeon sometimes punctures an organ or blood vessel while they are doing the surgery, operate on the wrong body part, or leave surgical equipment like sponges and tools inside the body. Perhaps the lack of care came after the surgery when a nurse didn’t take care of a wound properly and now you have fallen ill with an infection. There are many ways this can occur.

If you have suffered at the hands of a negligent caretaker or physician, we want to hear from you. Just because you had an unhappy experience at an office or hospital doesn’t necessarily mean that medical malpractice occurred. However, if you have suffered due to the negligence of a medical party, we can help. Give us a call today at the Nye Law Group for more information, at 855-636-9277.

Sources:

https://www.hg.org/article.asp?id=31330

http://thenyelawgroup.com/

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.

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Category: Blog