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If you suffered a serious injury during your service in the U.S. Armed Forces, you have probably heard that you might be eligible for veterans’ disability benefits. In fact, you may have already applied for benefits.

Regardless of where you are in the process, or if you have yet to apply, you probably have many questions about veterans’ disability compensation. Below, the Nye Law Group’s Savannah veterans’ disability lawyers answer some of the most frequently asked questions on this topic.

WHAT ARE VETERANS’ DISABILITY BENEFITS?

Disability benefits provide financial support to veterans who have disabilities caused by injuries that occurred or were aggravated by their military service. Benefits are tax-free and distributed monthly for veterans and their dependents.

The amount and types of benefits you receive are determined by the severity of your disability and whether you have dependents.

DO I QUALIFY FOR VETERANS’ DISABILITY BENEFITS?

The U.S. Department of Veterans Affairs (VA) awards disability compensation to veterans who meet three qualifications:

• They received an honorable discharge from the branch of the military where they served.
• They have a disability, disease or other medical condition.
• Their medical issue is directly connected to something that occurred during their service in the military, such as combat, an accident, poor medical care or a variety of other things.

In some cases, it is relatively easy to prove that your injury is directly connected to your service. For instance, it should not be too hard to establish that your paralysis is the result of a back injury sustained in combat. This is known as a direct service connection.

There are four more ways to establish a service connection so you can qualify for disability benefits:

PRESUMED SERVICE CONNECTION

The VA will automatically assume there is a service connection if you have certain disabilities. For instance, the VA presumes a service connection for prisoners of war who have a stroke, heart disease and psychosis, among many other conditions.

PREEXISTING INJURY AGGRAVATED BY SERVICE

If you had a medical condition listed on your initial medical exam when you enlisted, you should be able to recover compensation if the injury was aggravated during your service and you have proof of an incident that caused the aggravation.

SECONDARY SERVICE CONNECTION

This is for disabilities caused by another disability you have already proven to be connected to your service. You do not need to establish a service connection for secondary disabilities.

POOR HEALTH CARE

If you can prove that your injury was caused by poor health care from the VA, it will likely be deemed service-connected.

HOW DO I APPLY FOR VETERANS’ DISABILITY BENEFITS?

There are three ways to apply for disability compensation:

• Apply online via the eBenefits website
• Print an Application for Disability Compensation and Related Compensation Benefits and mail it to the nearest VA office: US Veterans Affairs Department at 321 Commercial Dr. Savannah, GA 31406
• Go to your regional office and ask an employee for assistance with applying for benefits

You will need the following documentation to complete your application, whether you are applying online, by mail or in person:

• DD214 discharge documents to show the type of discharge you received
• Medical records from your time in the service
• Medical records from any other hospitals or medical facilities where you received treatment for your injury or disability

DO I HAVE TO BE EVALUATED BY THE VA TO RECEIVE BENEFITS?

You must go through a VA medical evaluation unless your primary care provider completes a Disability Benefits Questionnaire (DBQ) that applies to the category of your disability or medical condition.

The VA has more than 70 DBQs for a wide variety of medical conditions, including:

• Infectious diseases
• Amputations
• Knee problems
• Ankle conditions
• Foot conditions
• Hypertension
• Tuberculosis
• Seizure disorders
• Multiple sclerosis
• Parkinson’s disease

The purpose of a DBQ is to document your diagnosis and all related symptoms. These forms have long lists of symptoms and all your primary care provider needs to do is mark the boxes next to the symptoms you are experiencing. There are also a few places where your primary care doctor can explain some of your symptoms in greater detail.

This is a much easier way to document your diagnosis and symptoms, as opposed to providing a long narrative summary in your application for benefits.

The lists of symptoms on these forms use standardized language, which helps the VA make a decision about your application more quickly. These forms were designed to help streamline the process of applying for benefits.

The only downside to using a DBQ is that you are responsible for all co-pays and related costs for visiting the doctor to complete the form.

WHAT IS A DISABILITY RATING?

When you submit your application, the VA will calculate your percentage of disability, also known as your disability rating. You must be at least 10 percent disabled to receive disability benefits.

Your disability rating determines the amount of compensation you receive. The higher your disability rating, the more compensation you receive.

WHAT TYPES OF DISABILITY BENEFITS ARE AVAILABLE?

There are different types of compensation depending on the severity of your disability, including:

DISABILITY COMPENSATION

This is the standard form of compensation paid to veterans and their dependents. You could receive anywhere from $133.57 per month if you have a disability rating of 10 percent to $2,915.55 per month if you are 100 percent disabled.

Rate tables on the VA website show how much you could receive if you have dependents, such as spouses, children and parents. The more dependents you have, the more compensation you could receive.

SPECIAL MONTHLY COMPENSATION

This is only available in special circumstances, such as when the veteran needs assistance from another person to handle activities of daily living due to:

• Paralysis
• Loss of hearing
• Loss of vision
• Loss of use of a foot or hand

Compensation is available for spouses, surviving spouses and parents.

Disabilities are divided into different groups to determine the amount of compensation received. For instance, a veteran who lost the use of an eye would receive $103.54, in addition to his or her regular disability compensation.

DEPENDENCY AND INDEMNITY COMPENSATION

This form of compensation is for spouses, biological children and biological, adoptive or foster parents.

The general rate for spouses is $1,257.95 per month, while the rate for parents is dependent on their marital status. For example, parents who are still married could receive anywhere between $5 and $423 per month.

WHEN WILL I RECEIVE BENEFITS?

The VA disability program is currently backlogged. Most veterans experience a wait of about one year before receiving a decision on their application.

Filing an appeal may add another eight to 12 months to the process. However, if your appeal is unsuccessful and you file another one, you could wait several more months for a final decision.

CAN I WORK WHILE RECEIVING BENEFITS?

Veterans may work while receiving disability benefits. However, if the VA rates your disability at 100 percent and you continue working, the VA may lower your rating. This is because the VA considers those with 100 percent disability ratings to be unemployable.

CAN I RECEIVE VETERANS’ DISABILITY BENEFITS AND SOCIAL SECURITY DISABILITY AT THE SAME TIME?

If you qualify for both programs, you can receive benefits from each one at the same time. Eligibility for one program does not affect eligibility for another or the amount of compensation you will receive.

HOW DO I APPEAL IF MY CLAIM WAS DENIED?

Fortunately, you can appeal a denied application for any reason. The first step to appeal a denied claim is to file a Notice of Disagreement with the VA within one year of receiving a denial notice.

After reviewing your notice, the Veterans Benefits Administration (VBA) will send you a Statement of Case summarizing the evidence in your case and the reasons why the original decision was upheld or reversed.

If the original decision is upheld, you can file a Substantive Appeal with the VBA within 60 days of receiving the Statement of Case. If you are denied again, you have four options:

• File a motion requesting that the VBA reconsider your case
• File a motion requesting a VBA review due to a clear and obvious error in the denial of your claim
• File a claim with the Court of Appeals for Veterans Claims within 120 days of the VBA’s last decision.

DO I NEED A VETERANS’ DISABILITY LAWYER?

The Nye Law Group’s Savannah injury attorneys have in-depth knowledge of the process of applying for veterans’ disability compensation. We can guide you every step of the way, from your initial application to any appeals.

We know how to collect the information you need to build a strong case for why you should receive compensation.

We do not charge for your initial consultation and do not recover legal fees unless you receive compensation.

Contact The Nye Law Group right now for a free legal consultation.

If you suffered a severe injury or lost a loved one due to another party’s negligence, you have a limited amount of time to file a North Carolina personal injury lawsuit to attempt to recover compensation for damages.

This is because there are various statutes of limitations that set deadlines for different types of personal injury claims. Once the deadline for your type of claim passes, you will be prohibited from filing a claim and you will lose the chance to pursue fair compensation for the physical, financial and emotional damages you and your family have experienced.

The Nye Law Group’s committed personal injury lawyers in Charlotte will help you determine the statute of limitations that applies to your claim. We will ensure that your claim is filed properly and is met within the deadline imposed by its statute of limitations.

These are North Carolina’s statutes of limitations for common types of personal injury lawsuits:

GENERAL PERSONAL INJURY CLAIMS

Most personal injury cases fall under the three-year statute of limitations, which is detailed in North Carolina (NC) General Statutes § 1-52(16).

The statute starts accruing on one of two dates, whichever comes first:

• The date when the bodily harm or property damage the claimant suffered became apparent
• The date the injury should have become apparent with the exercise of reasonable care

The second part is for situations where you did not discover that you had grounds to file a lawsuit immediately after the injury. For instance, maybe it took a few months or years for you to discover new information indicating negligence may have played a role in your injury.

However, no matter when you discover that an injury may have been caused by negligence, you cannot file a claim more than 10 years after it happened.

WRONGFUL DEATH

A wrongful death is a death caused by another party’s neglect or wrongful actions. Under NC General Statutes § 1-53(4), wrongful death claims must be filed within two years of the date of death.

However, you cannot file a wrongful death lawsuit if the claim would be barred by another statute of limitations if the victim had survived.

For instance, if your loved one did not die for a few months after the wrongful act, the claim would fall under the personal injury statute of limitations. This means that you would have three years from the date of the wrongful act to file a claim. If you do not file a claim in that time, you will be barred from doing so, even if you are filing within two years of the date of death.

The Nye Law Group’s trusted Charlotte wrongful death lawyers will help you determine if you are entitled to bring a wrongful death claim after the untimely passing of your loved one.

PRODUCTS LIABILITY

If you were injured by a defective product, you cannot file a claim more than 12 years from the date you purchased the product, according to North Carolina’s statute of limitations for defective product claims.

Product liabilty claims, however, can be difficult for the average consumer to navigate and effectively take action against a manufacturer, designer or seller. Our Charlotte product liability claim attorneys can assist you through the claims process by identifying the liable party and ensuring your claim meets the state’s statute of limitations.

Medical Malpractice

You have three years from the date that malpractice occurred to file a medical malpractice claim, according to North Carolina’s medical malpractice statute of limitations.

However, this statute is complicated because there are three exceptions:

• You must file a claim within one year of the date that you should have discovered the injury by exercising reasonable care. In other words, you have one year from the date that a reasonable person would have discovered he or she had grounds to file a lawsuit.
• Regardless of when you discover the injury, you cannot file a claim more than four years from the date of the injury.
• If a foreign object was left in your body by a medical professional, you must file a claim within one year of discovering that an object was inside of you. However, you cannot file a claim more than 10 years from the date of the malpractice that resulted in a foreign object being left inside your body.

Our Charlotte medical malpractice attorneys are qualified to represent you after suffering from medical negligence and will work to make sure your claim is filed within the three-year deadline.

CONTACT THE NYE LAW GROUP TODAY

If you are thinking about filing a personal injury lawsuit, you need to contact an attorney as soon as possible to ensure your claim is filed before the statute of limitations expires.

The Nye Law Group’s Charlotte personal injury lawyers know how to determine when the statute for your claim began and when it will end.

We are committed to building the strongest case possible to allow you to recover compensation for your medical bills, lost wages, and pain and suffering.

Call 855-856-4212 or complete our Free Case Evaluation form today.

Right-of-way laws play an important role in keeping Georgia’s roads safe. These laws determine when a driver has the right to make a traffic maneuver, such as changing lanes, making a turn or entering an intersection.

If you are injured in a traffic collision and believe you had the right of way over the other driver, contact an experienced Savannah auto accident lawyer at the Nye Law Group. We will review your claim to help you determine if the other driver was at fault for your accident and owes you compensation suffering and loss.

You can lower your risk of a car accident by reviewing Georgia’s right-of-way laws to make sure you clearly understand them and know how to apply them the next time you drive.

Vehicles Approaching or Entering an Intersection

According to Georgia’s intersection traffic laws, if two vehicles approach an intersection from different directions at approximately the same time, the car on the right has the right-of-way.

However, if a driver is on a highway that ends at the intersection, he or she will yield to the other driver whether the other driver is on the right or left.

If you and the other driver approach an intersection with a broken traffic light, both drivers are required to stop as if the traffic light works.

VEHICLES MAKING LEFT TURNS

If you want to make a left turn into an alley, private road or driveway, you must yield the right-of-way to any vehicle approaching from the opposite direction or approaching so close that it constitutes an immediate hazard, according to the regulations for vehicle turns in Georgia.

STOP SIGNS

You have to stop at every stop sign unless directed not to by a police officer. You are required to come to a stop:

• At the clearly marked stop line
• Before the crosswalk if there is no stop line
• At the point closest to the intersection where you have a view of oncoming traffic, if there is no crosswalk

Once you stop at a stop sign, you must yield to any vehicle in the intersection. You are also required to yield to any vehicle that is approaching from another roadway so closely that it is an immediate hazard when you attempt to cross the intersection.

YIELD SIGNS

When you approach a yield sign, you should slow down to a reasonable speed for the conditions. If you have to stop for safety you are required to stop at the clearly marked stop line.

If there is no stop line, you need to stop before entering the crosswalk. If there is no crosswalk, you need to stop at the point nearest to the intersecting roadway where you can see approaching traffic before entering the intersection.

Once you stop, you are required to yield the right-of-way to any vehicles in the intersection or those that are approaching and constitute an immediate hazard when you are moving through the intersection.

If you are involved in an accident where you drove through a yield sign without stopping, you will be considered to be in violation of right-of-way laws unless you prove otherwise.

ENTERING AND CROSSING ROADS

If you are entering or crossing a road from anywhere other than another roadway, you must yield to any and all vehicles that are approaching.

EMERGENCY VEHICLES

You have to yield the right-of-way to any emergency vehicles or those that belong to a federal, state or local law enforcement agency and make use of audible and visual signals.

You are also required to move your vehicle to a position parallel to and as close as possible to the right side or curb of the roadway of any intersection. You must come to a stop and remain there until the vehicle has passed, unless you are otherwise directed by a law enforcement officer.

YIELDING TO HIGHWAY CONSTRUCTION

You are required to yield to any authorized vehicle or pedestrian who is engaged in construction or maintenance on a highway, as indicated by official traffic control devices, according to Section 40-6-75 of O.C.G.A.

FUNERAL PROCESSIONS

A funeral procession is defined as an array of vehicles where the lead vehicle has a sign, pennant, flag or insignia created by a funeral home indicating a funeral procession. A funeral procession could also be defined as a procession of cars led by state or local law enforcement vehicles with each vehicle’s headlights on.

These arrays of vehicles have the right-of-way with the following exceptions:

• Funeral processions have to yield when approached by an authorized emergency vehicle or law enforcement vehicle that gives an audible or visual signal
• Processions must yield the right-of-way when directed by law enforcement

You cannot interrupt a funeral procession unless authorized to do so by a traffic officer. It is also illegal to turn on your headlights to join the procession and secure the benefit of the right-of-way.

Violating this law is a misdemeanor and carries a fine of $100.

RIGHT-OF-WAY FOR PEDESTRIANS

Pedestrians have the right-of-way in a crosswalk when they are on the half of the roadway upon which a vehicle is approaching. Pedestrians also have the right-of-way when they are within one lane of the half of the road upon which the vehicle is traveling or onto which it is turning.

The law also says that all blind pedestrians who are carrying a white cane or stick that is white tipped with red or are accompanied by a guide dog have the right-of-way, regardless of what type of vehicle is approaching.

However, pedestrians do not have the right-of-way when they suddenly leave a curb or safe place and walk or run into the path of a vehicle when it is impractical for the driver to yield.

Pedestrians who cross the street at any place other than a marked crosswalk do not have the right-of-way. Pedestrians also do not have the right-of-way when attempting to cross at a place where there is a pedestrian tunnel or overhead pedestrian crossing.

CALL THE NYE LAW GROUP IF YOU WERE INJURED IN A TRAFFIC ACCIDENT

Have you been injured or lost a loved one in an accident where another driver violated Georgia right-of-way laws?

You may be able to recover compensation for your medical bills, lost wages, and pain and suffering. The Savannah auto accident lawyers at the Nye Law Group will thoroughly investigate your claim to build a strong case that gives you a good chance of success.

Call 855-856-4212 or complete our Free Case Evaluation form today.

North Carolina has several laws governing various aspects of medical malpractice claims, from who to sue to how to establish liability to the amount of compensation you can recover.

Our experienced Charlotte medical malpractice attorneys have detailed knowledge of these statutes and how they apply to your claim. There are several things you need to know about North Carolina medical malpractice laws:

WHO DO I FILE A CLAIM AGAINST?

Every medical malpractice claim is filed against a health care provider. North Carolina General Statutes § 90-21.11(1) defines a health care provider as:

• An individual licensed to practice duties associated with medical specialties such as medicine, surgery, dentistry, radiology, nursing, anesthesiology, pathology, psychiatry or psychology, among others
• A hospital or nursing home licensed under Chapter 131E of General Statutes
• Anyone acting under the direction or supervision of a hospital or individual licensed to provide health care

TYPES OF MEDICAL MALPRACTICE ACTIONS

General Statutes Section § 90-21.11(2) outlines two types of medical negligence claims for recovering damages for personal injury or death.

The first is an action against a health care provider for failing to provide necessary health care or providing substandard care.

In these types of claims, courts and juries will not hold the defendant liable unless you show by the greater weight of evidence that the defendant did not uphold the standard of health care.

The standard of health care requires health care providers to provide professional services that meet the standards of practice among other health care professionals in the same field with similar training and experience. The standard of care also requires health care professionals to provide care similar to what would have been provided by a health care professional in the same or similar community under the same or similar circumstances.

North Carolina also allows civil actions against hospitals, nursing homes or adult care homes over:

• Breaches of administrative or corporate duties, including negligent monitoring or supervision or employing staff members who do not have the proper credentials
• Providing substandard care or failing to provide the health care services the victim needed to avoid injury or death

In these types of claims, you also have to prove that the facility or health care professional did not uphold the standard of care.

EXPERT WITNESSES

No matter what type of medical malpractice lawsuit you file, you will probably need testimony from a medical expert to establish the standard of care and explain how it was violated.

Under Rule 702 of North Carolina General Statutes, no one can give expert testimony on the appropriate standard of care unless he or she is a licensed health care provider in the state and meets the following criteria:

If you are filing a medical malpractice action against a specialist, the medical expert you choose must satisfy one of these conditions:

• Work in the same specialty as the party your action is against
• Work in a specialty that includes the performance of the procedure that is the subject of the complaint and have prior experience treating patients

There is another requirement concerning the expert’s professional activities in the year preceding the date of the alleged malpractice. In that time, the expert had to have devoted his time to one or both of the following:

• Clinical practice in the same health profession as the party accused of malpractice
• Instructing students at an accredited health professional school, residency or clinical research program in the same health profession as the defendant

CLAIMS AGAINST NURSES AND ASSISTANTS

Medical experts can testify on the standards of care for different types of nurses and assistants if they have knowledge of these standards of care through clinical practice or instruction of students. An expert who meets these qualifications can testify to the standard of care for:

• Nurses
• Nurse practitioners
• Certified registered nurse anesthetists
• Certified registered nurse midwives
• Physician assistants

CLAIMS AGAINST MEDICAL FACILITIES

In a claim against a hospital or other health care facility, an individual cannot give expert testimony about the standard of care on nonclinical issues unless he or she has substantial knowledge of the standard of care through training or experience.

EXPERT WITNESSES WHO DO NOT MEET REQUIREMENTS

In some cases, courts will allow expert testimony from individuals who do not satisfy requirements for expert witnesses. However, the plaintiff has to prove that there are extraordinary circumstances and the person must be allowed to testify as an expert to have a chance of achieving justice.

CAP ON NON-ECONOMIC DAMAGES

The purpose of a medical malpractice lawsuit is to recover fair compensation for the damages caused by a medical professional’s failure to uphold the appropriate standard of care.

Some damages have a defined economic value, such as medical expenses or lost wages. This means that you can determine exactly how much you had to spend on medical bills and how much money you lost from missed time at work.

There are other damages that do not have a defined economic value, such as the physical pain and emotional suffering caused by your injuries. These are called non-economic damages.

While North Carolina does not limit economic damages in medical malpractice lawsuits, it places a cap on all forms of non-economic compensation.

Plaintiffs cannot recover more than $500,000 in combined non-economic compensation from all of the defendants, according to General Statutes Section § 90-21.19.

There are only two exceptions where non-economic compensation is unlimited:

• The plaintiff was killed, permanently injured or suffered disfigurement or the loss of use of a body part
• There was a reckless disregard for the rights of others, gross negligence or fraud that was intentional or with malice

MEDICAL MALPRACTICE STATUTE OF LIMITATIONS

Every type of civil action is governed by a statute of limitations, which limits the amount of time you have to file a claim. If you do not file a claim before the statute expires, you will be prohibited from doing so.

North Carolina’s statute of limitations for medical malpractice claims is three years from the date of the alleged malpractice.

However, there are a few exceptions to the three-year deadline:

• Claims must be filed within one year of a discovering an injury if you could not have discovered the injury when it occurred through the exercise of reasonable care.
• Claims cannot be filed more than four years from the date of the alleged malpractice, regardless of when you discovered an injury or realized you had the basis for legal action.
• Claims involving foreign objects left in the body must be filed within one year of discovering the foreign object. However, these types of lawsuits cannot be filed more than 10 years from the date of the alleged malpractice.

EXPERIENCED ATTORNEYS READY TO TAKE ON YOUR CLAIM

The Nye Law Group’s experienced lawyers have represented many victims of medical malpractice. We are prepared to investigate your claim and build a robust case to help prove medical malpractice so you have a chance to achieve justice and recover the compensation you deserve.

We offer a free, no obligation consultation and do not charge legal fees unless we are successful.

Contact the firm today by calling 855-856-4212 or completing a Free Case Evaluation form.

When a lot of people suffer similar injuries because of a defective product or due to negligence or illegal actions, they can file one lawsuit as a group to recover compensation for damages. This is known as a class action lawsuit. Contact our experienced Savannah class action lawyers to find out if you have a class action lawsuit.

There are several things you should know about class action lawsuits, from the different types to the advantages and the legal procedures for these claims:

TYPES OF CLASS ACTION CLAIMS

There are many types of class action lawsuits, such as claims involving the following defective drugs and defective products:

• Talcum powder
• Benicar
• Invokana
• Xarelto
• Bard IVC filters
• Bair Hugger warming blankets
• Taxotere

Class actions can be filed over many other defective products. There are also claims involving:

• Corporate misconduct
• Large-scale accidents, such as train or plane crashes
• Securities fraud
• Employees who were discriminated against

WHAT ARE THE ADVANTAGES OF A CLASS ACTION LAWSUIT?

One of the advantages of a class action lawsuit is that it consolidates attorneys, witnesses and evidence, giving the case a higher chance of success than an individual personal injury lawsuit.

It is also much more cost-effective for you to join a class action than to pursue a lawsuit on your own, particularly if the injuries you suffered were relatively minor. Lawsuits are expensive and it is much easier to justify the expense of a group of small claims than it is to justify the expense of one lawsuit over a minor injury.

Another problem with individual lawsuits is that if too many plaintiffs were to file claims, the defendant could go bankrupt before anyone has a chance to recover compensation.

WHAT IS CLASS CERTIFICATION?

The first step in a class action case is called class certification, where the court determines if the claim is valid. If the case is certified, it will move toward a trial.

NOTICE OF A CLASS ACTION LAWSUIT

If you are not already part of the lawsuit, but you would be affected by the outcome, you are entitled to notification. The court will order attorneys for the plaintiffs to make reasonable attempts to notify you through advertisements on television and in magazines and newspapers.

In some cases, you will have to opt in to be part of the lawsuit. In other cases, you will be opted in automatically.

RESOLUTION OF A CLASS ACTION LAWSUIT

A trial will take place unless both sides agree on a settlement. If the court approves the settlement, it will issue an order demanding notification of all class action members and others affected by the resolution of the case.

If you opted in, you will receive notification of the terms of the settlement along with your options for claiming your portion of compensation.

WHAT IS A PLAN OF DISTRIBUTION?

The plan of distribution governs the distribution of the money from the settlement. The plan is developed by the judge and the attorneys for both sides. Members of the class will receive a percentage of the total amount of compensation or a specific dollar amount.

In some cases, the attorneys will seek permission for an in-depth review of each participant’s claim to tailor the amount of compensation to the value of each claim.

The reputable Savannah class action attorneys at the Nye Law Group know how to build a strong case that can help you recover compensation in a class action.

We offer a free, no obligation consultation and do not charge legal fees unless we recover fair compensation for the damages you have suffered.

Call 855-856-4212 or complete our Free Case Evaluation form today.