Category: Blog

Many things increase in the summertime, including temperatures and the amount of dog bites and attacks.

There is a correlation between an increase in dog bites and rising temperatures, according to research published in a 2009 issue of Otolaryngology-Head and Neck Surgery. Researchers also discovered that young children are particularly vulnerable to severe dog bites in the head and neck.

Researchers do not know why there is an increase in dog bites during the summer but they suggested it is because children are more likely to spend time outside playing with dogs when the weather is warmer.

Fortunately, there are steps you can take to help reduce the chances that you or your children will suffer a dog bite this summer.

If an attack occurs and you suffer an injury, contact our dog bite attorneys in Savannah for a free consultation. You may be entitled to compensation for medical expenses and other damages.

STRATEGIES FOR AVOIDING DOG BITES

Some dog bites are unavoidable, but others might have been prevented by exercising an appropriate level of caution around the dog.

Here are nine practical tips on preventing dog bites:

1. ONLY ALLOW CHILDREN TO PLAY WITH DOGS UNDER ADULT SUPERVISION

Children, particularly toddlers, are more likely to be overly aggressive when they play with dogs. This could include:

• Taunting or teasing
• Pulling on the dog’s tail or other body parts
• Sitting on the dog
• Harassing a dog when it does not want to play

Parents need to teach their children the right way to interact with a dog to prevent it from becoming irritated or feel the need to defend itself. For example, children need to learn to leave a dog alone if it does not feel like playing.

2. KEEP YOUR DISTANCE FROM DOGS YOU DO NOT KNOW

Some dogs can be easily startled and many are very protective of their owners. If you come too close too quickly, the dog is more likely to become angry and feel it needs to protect itself and its owner.

3. DO NOT PET A DOG UNLESS IT SEES

Dogs do not like being surprised and tend to bark or attack when that happens. That is why you need to make sure a dog sees you before interacting with it.

4. ASK THE OWNER FOR PERMISSION BEFORE PETTING THE DOG

The dog will see this interaction and take it as a sign that his or her owner is comfortable with you. That makes it more likely that the dog will be comfortable with you.

5. NEVER HUG OR KISS AN UNFAMILIAR DOG

Even if a dog has seen and smelled you and appears to be comfortable with you, do not get too close. Most dogs do not enjoy being hugged or coming face-to-face with a human being.

6. NEVER ENCOURAGE ROUGH PLAY FROM YOUR DOG

If you do this, the dog will think it is OK and will be more likely to behave aggressively around you and others.

7. DO NOT DISTURB A DOG DURING SLEEPING OR EATING

Children are much more likely to do this, as they do not understand the danger presented by dogs who are startled or disturbed when sleeping or eating.

8. WATCH FOR SIGNS OF AGGRESSIVENESS OR IRRITATION

If you notice any of these behaviors, you should leave the dog alone:

• Stiff or rigid posture – This is particularly noticeable in the hind legs. You may also notice the dog’s ears lying flat against his or her head.
• Baring of teeth – This is a pretty obvious sign that the dog is irritated or might be about to attack. Dogs tend to do this when staring intently at their target before they attack.
• Barking or growling – This is a warning that the dog does not like you or it is about to attack.

9. STAND YOUR GROUND IF A DOG APPROACHES YOU

If you are approached by an unfamiliar dog, you need to stand your ground. Do not run or make loud noises out of panic.

Turn your body so you are not facing the dog directly as the dog could take it as a sign of aggression. You should also avoid direct eye contact with the dog.

Use a firm, deep voice and tell the dog, “No,” or say, “Go home.”

CONTACT US TODAY TO DETERMINE YOUR LEGAL OPTIONS
Dog bites can cause a variety of severe injuries, including nerve damage, broken bones, and potentially fatal infections like rabies and tetanus. One of the most unfortunate parts about many of these injuries is that they were caused by negligence and could have been prevented.

If you think your dog attack could have been prevented, schedule a free legal consultation with our Savannah personal injury lawyers to determine your legal options.

Our experienced attorneys know how to conduct a thorough investigation to help determine if negligence occurred and how it caused your injuries.

If you have a viable claim and decide to proceed, you will not be charged legal fees unless we recover fair compensation.

Call 855-856-4212 or fill out a Free Case Evaluation form today to set up your free consultation.

Veterans often have many questions about the complex process of applying for disability benefits from the Department of Veterans Affairs (VA).

Even if a veteran’s application is successful, he or she may be confused about when benefits will actually be paid out.

Below, The Nye Law Group’s Savannah veterans’ disability lawyers explain how to determine when you should start receiving benefits.

If you have questions about this or other aspects of the disability benefits process, contact us today for a free consultation. We help clients with every aspect of their VA disability application.

VA DISABILITY EFFECTIVE DATE

When the VA determines that you are entitled to disability pay, it also assigns an effective date. This date determines when your benefits are payable. Different dates are assigned based on the type of benefits you are eligible for and the circumstances surrounding your claim.

Here are some of the most common types of claims and the effective dates associated with them:

DIRECT SERVICE-CONNECTION

When you are awarded benefits for a disability that is directly related to an injury or disease that was incurred because of or aggravated by military service, the effective date is the date the VA received the claim or the date your entitlement arose, whichever is later. Entitlement arises when there is medical evidence that shows the service-connected condition existed.

If the claim is filed within one year of separation from active military service, the effective date is the day following separation.

PRESUMPTIVE SERVICE-CONNECTION

If there is a disability that is presumed to be related to military service, the effective date is the date entitlement arose or when the VA received the claim. However, if the claim is received after one year of release from active duty, the effective date is the entitlement date or date of receipt of the claim, whichever is later.

DEPENDENCY AND INDEMNITY COMPENSATION

If the veteran died in service, the effective date is the first day of the month following the actual or presumed date of death. If the veteran died after service and the VA received the claim more than a year after the date of the veteran’s passing, the relevant date is when the VA received the claim.

BACK PAY

Many veterans are given incorrect information about the amount of back pay they are entitled to receive.

The amount of back pay is intrinsically tied to the effective date. The first check or deposit you receive is for the months of entitlement while your claim was pending. Veterans should take special care in securing this large payment.

WHEN WILL YOU RECEIVE YOUR FUNDS?

You should receive your funds within 15 days of receiving your award letter from the VA, depending on how you choose to be paid. Checks are sent out at the beginning of the month for the previous month’s benefits.

Direct deposit authorization helps speed up the process and prevents lost checks. You should receive a direct deposit enrollment form with your award letter.

CONTACT AN EXPERIENCED VA DISABILITY LAWYER TO DISCUSS YOUR LEGAL OPTIONS

Effective dates are often figured incorrectly, which can affect a veteran’s right to benefits. That is why you should strongly consider hiring an experienced attorney to conduct a claim review to ensure that the correct effective date is used and the correct impairment rating is applied to ensure that you receive the maximum amount of benefits you are entitled.

The attorneys at The Nye Law Group can also help you file your initial application and guide you through any appeals if you are denied. We are committed to trying to recover all of the compensation you deserve for the injuries you are dealing with.

We take cases on a contingency fee basis, so your initial consultation is free and legal fees are not charged unless we recover fair compensation.

Call 855-856-4212 or fill out a Free Case Evaluation form today to set up your free consultation.

North Carolina has two broad categories of crimes: felonies and misdemeanors. The state’s statutory definition of a felony says that a crime is a felony if it was a felony at common law or is classified as such by state statute. These offenses may be punishable by death or imprisonment in the state prison system.

In North Carolina, felonies are divided into 10 categories, from Class A, the most serious, to Class I, the least serious. These classifications are explained in greater detail below, along with examples of crimes in these classes.

If you have been charged with a felony, you need to contact a Charlotte criminal law attorney right away so he or she can begin aggressively defending your rights. The experienced attorneys at the Nye Law Group are committed to trying to achieve the best outcome possible. Schedule a free consultation today to find out how we can help you.

FELONY CLASSIFICATIONS

These are the classifications of felonies in North Carolina from most serious to least serious, along with examples of offenses that fall within these categories:

HIGH-LEVEL FELONIES

Class A offenses are deemed the most serious. They include murder in the first degree and the unlawful use of a nuclear, biological or chemical weapon of mass destruction. The maximum penalty for this type of offense is life in prison or death.

Along with Class A, other high-level felonies include Class B1 or B2, Class C, and Class D. Examples of offenses in these categories include:

• First-degree sexual offense
• Second-degree murder
• Second-degree rape
• First-degree kidnapping
• Voluntary manslaughter
• Armed robbery

These crimes are also punished harshly with the possibility of the defendant being sentenced to decades behind bars.

MID-LEVEL FELONIES

This includes Class E, F or G offenses, such as:

• Child abuse
• Assault with a firearm on a law enforcement officer
• Common-law robbery
• Assault with a deadly weapon
• Arson of public buildings
• Habitual impaired driving

Punishments for these crimes vary widely with some defendants receiving intensive and prolonged probation and others receiving long prison sentences. Certain drug trafficking crimes in this category carry mandatory minimum jail sentences.

LOW-LEVEL FELONIES

This includes Class H and Class I offenses. These felonies generally do not carry a mandatory minimum sentence that requires jail time. Often, probation, house arrest, community service or substance abuse counseling is imposed as punishment instead of jail time.

Some Class H offenses that fall in this category include:

• Habitual misdemeanor assault
• Breaking or entering a building with felonious intent
• Larceny of property worth more than $1,000
• First-degree forgery
• Escaping from state prison
• Hit and run resulting in injury

Class I offenses are the least serious. They include:

• Possession of marijuana
• Financial transaction card theft
• Forgery of notes, checks or securities
• Breaking or entering motor vehicles

The maximum penalty for a Class I offense is 24 months in jail.

FELONY SENTENCING

The actual sentence imposed on a convicted defendant depends on a number of factors, including the individual facts of the case, the defendant’s criminal record and whether the defendant makes an agreement with the district attorney’s office.

North Carolina uses a structured sentencing system that involves the following steps to determine the appropriate punishment for the defendant:

• Identifying the offense class for each felony conviction
• Determining the prior record level for the offense
• Considering factors that make the defendant more or less culpable
• Finding the appropriate minimum sentence and maximum sentence
• Determining the sentence imposition

After these steps are followed, there is some flexibility regarding whether the defendant is sentenced to the minimum or maximum punishment and whether he or she will have the sentence immediately imposed or suspended. Sentencing may involve intermediate punishments, probation or community punishments.

HOW ARE FELONY CASES HANDLED IN NORTH CAROLINA?

People charged with crimes often have questions about the criminal law process.

Felony cases are filed in district court. Low-level felonies may be resolved in this court, often through plea agreements that reduce the charges.

If the case is not resolved at this level, the prosecution presents the case to a grand jury. The grand jury returns a true bill of indictment if it believes there is probable cause that the defendant committed the charged felony.

The case is then transferred to superior court. This represents an additional opportunity to resolve the case through a plea bargain.

If no agreement is reached, the defendant often pleads not guilty and may request a jury trial. The trial is held in front of 12 impartial jurors who are randomly chosen from the community.

The prosecution has the burden of showing that the criminal defendant committed each element of the crime by proof beyond a reasonable doubt. If the prosecution fails to meet its burden, the jury must return a verdict of not guilty. If the jury finds the defendant guilty, the judge imposes a sentence.

CONTACT ONE OF OUR CRIMINAL DEFENSE ATTORNEYS

A felony conviction can carry severe penalties, including a lengthy prison sentence, the creation of a criminal record and possibly a death sentence.

If you are facing a felony charge, contact one of our reputable criminal defense lawyers immediately. We can build an aggressive defense on your behalf to help minimize the negative consequences of your case.

We will try to get the charges dismissed if possible. We also negotiate plea bargains on behalf of our clients to minimize any sentence imposed and are prepared to represent you in a trial.

Call 855-856-4212 or fill out a Free Case Evaluation form today to set up your free consultation.

While many personal injuries are caused by another person’s negligence, there are also a lot of cases where the victim played a role in causing his or her injuries. In North Carolina, these types of cases are governed by a strict contributory negligence law.

Below, our Charlotte personal injury attorneys review what you need to know about this law. They also explain how the last clear chance doctrine can be used to counter a contributory negligence defense by a defendant.

WHAT IS STRICT CONTRIBUTORY NEGLIGENCE?

North Carolina is one of only four states that has a strict contributory negligence standard.

Under this law, plaintiffs are prohibited from recovering compensation for their injuries if they bear any responsibility for what happened. This means plaintiffs cannot recover compensation even if the defendant is 99 percent responsible for what happened.

It is up to the defendant to prove that the plaintiff’s own negligence helped cause his or her injuries.

It is not enough to prove negligence occurred, the defendant must show a causal relationship between the plaintiff’s negligence and the injuries that occurred. This means that the strict contributory negligence law does not apply to situations where the plaintiff was negligent but this did not cause injury.

LAST CLEAR CHANCE DOCTRINE

Contributory negligence is generally used as a defense against a personal injury claim based on negligence.

One way to counter this defense is with the “last clear chance doctrine.” Under this doctrine, plaintiffs can make a full recovery if they can prove:

• They were in a dangerous situation following their act of negligence and could not avoid an accident.
• The defendant had an opportunity to avoid the accident and failed to do so.

An example would be a car accident where a car hit someone who was changing a tire near the side of a highway. The defendant could try to assert that the victim was partially at fault for being too close to the road. However, if the defendant had an opportunity to avoid the crash this would be considered the proximate cause of the accident, and the victim may be entitled to compensation.

CONTACT OUR CHARLOTTE PERSONAL INJURY LAWYERS NOW

The attorneys at The Nye Law Group are knowledgeable in all areas of personal injury law, including contributory negligence. We know how to build a robust case to improve your chances of recovering fair compensation for your medical bills, lost wages, and pain and suffering.

Initial consultations with our personal injury lawyers are always free and you are under no obligation to pursue a lawsuit. Should you decide to work with our attorneys, fees are assessed on contingency only, which means we are paid only if we secure compensation.

Call 855-856-4212 or fill out a Free Case Evaluation form today to set up your free consultation.

Total disability ratings, or 100 percent disability ratings, from the Department of Veterans Affairs (VA) are often confusing to veterans, particularly because they are unsure if they can work after receiving this rating.

The Savannah veterans’ disability attorneys of The Nye Law Group have put together a helpful guide to 100 percent VA disability ratings. The guide explains the different types of total disability ratings and when you can work if you have received one of these ratings.

If you are struggling to obtain the benefits you are entitled, our experienced VA disability lawyers may be able to help you. Contact us today for a free, no obligation legal consultation.

WHAT IS A 100 PERCENT VA DISABILITY RATING?

Your disability rating is the percentage the VA assigns to your disability when determining eligibility for various VA benefits. Your rating can range from 0 to 100 percent in 10 percent increments.

There are several different types of 100 percent VA disability ratings, according to Department of Veterans Affairs Code § 3.340:

SERVICE-CONNECTED

These are disabilities caused by injuries that occurred or were aggravated during your service.

If you receive a 100 percent disability rating for one service-connected disability, or a combination of these disabilities, you are still able to work full time without disrupting your benefits.

TOTAL DISABILITY/INDIVIDUAL UNEMPLOYABILITY

Total disability/individual unemployability (TDIU) is a disability rating that may be granted if a veteran’s claim asserts that he or she be paid benefits at the 100 percent disabled rates, even though the disability or disabilities rate below 100 percent.

These claims can be made by a veteran if a service-connected disability prevents him or her from maintaining gainful employment.

To qualify, a veteran must:

• Have a single disability with a rating of 60 percent or a single disability with a rating of 40 percent, paired with additional disabilities equaling a rating of 70 percent or more
• Medical documentation establishing why the veteran cannot work in physical and sedentary jobs

In some cases, a veteran may receive a TDIU rating when the percentage criteria are not met. This would occur when the veteran’s disabilities create an obvious hindrance to his or her ability to hold gainful employment.

If a veteran is granted 100 percent TDUI disability rating, he or she is not permitted to work full time. Marginal or part-time employment is permitted, but there is a limit to how much income can be earned each year without affecting benefits.

TEMPORARY 100 PERCENT DISABILITY RATING

Veterans may qualify for a temporary 100 percent disability rating if:

They have been hospitalized for a service-connected disability for 21 days or more
They have undergone surgery for a service-connected disability that requires a recovery period of at least 30 days
When the temporary 100 percent disability rating is granted, the VA pays benefits at the 100 percent rate for the period the veteran is hospitalized or throughout the recovery period.

PERMANENT AND TOTAL

When a veteran’s service-connected disabilities show no likelihood of improvement and the veteran is expected to stay at a 100 percent disability rating without future reevaluation, the VA may grant the permanent and total disability rating.

Veterans often request this rating because it provides education benefits for their dependents, including fees for tests, licenses, certifications and on-the-job training.

CONTACT OUR SAVANNAH VETERANS’ DISABILITY LAWYERS NOW

The veterans’ disability attorneys at The Nye Law Group can help manage every aspect of your disability claim to help ensure you receive the benefits you deserve.

Contact us to schedule a free, no-obligation consultation with our team of lawyers today. We work on contingency, so you will owe legal fees only if we are able to recover compensation.

Call 855-856-4212 or fill out a Free Case Evaluation form today to set up your free consultation.