Posted on August 05, 2021 in Personal Injury

According to the U.S. Bureau of Labor Statistics, more than 3,000 North Carolina construction workers suffered an occupational injury or illness in 2019. Around 1,800 of those workers either had to miss time at work or return to work with restricted abilities. Work-related injuries can have severe financial consequences due to the costs of medical treatment and the loss of wages and earning ability. If you have been injured in the course of your work duties on a construction site, it is important to understand your options for securing financial compensation.

Filing a North Carolina Workers’ Compensation Claim

In most cases, an employee who is injured in the course of their work for a North Carolina employer is entitled to workers’ compensation benefits. This is true whether the injuries were caused by the negligence of the employer or another party, a freak accident, or the employee’s own actions (provided that the injuries were not a result of the employee’s intoxication, willful violation of a safety rule, or intentional self-harm). Workers’ comp benefits provide for the full cost of necessary medical care for the employee’s injuries, and in some cases, temporary and permanent disability benefits that cover two-thirds of the employee’s lost wages for a duration determined based on the length of recovery and the extent of the employee’s impairment.

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 Posted on July 28, 2021 in Criminal Defense

North Carolina criminal law categorizes a variety of actions as assaults, some of which are misdemeanors and some of which are serious felony offenses. Any assault charge is something you should take seriously, but it can be difficult to understand exactly what is at stake on your own. With the help of an attorney, you can better understand the charges you are facing and defend against them.

Misdemeanor Assault Charges

The basic assault charge in North Carolina is known as “simple assault,” and it is charged as a Class 2 misdemeanor. You could face simple assault charges if you intentionally physically injure another person, if you attempt or threaten to do so, or if you are involved in an “affray,” which is a public physical altercation. A conviction for simple assault can result in a fine of up to $1,000 and up to 30 days of jail time or community punishment for a first offense. An assault on a sports official, such as a referee or umpire, can be charged as a more serious Class 1 misdemeanor, with a sentence of up to 45 days and fines at the court’s discretion.

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 Posted on June 25, 2021 in Personal Injury

According to the AAA Foundation for Traffic Safety, more than 600,000 car accidents each year involve a hit-and-run driver, accounting for around 6.5 percent of all car crash injuries and around 4.5 percent of all fatalities. If you or someone in your family has been the victim of one of these accidents, recovering compensation for your injuries can be quite difficult. However, it is by no means impossible, and an experienced attorney can help you identify and pursue the best course of action.

Identifying the Fleeing Driver

Any time you are injured in a car accident, you should call 911 as soon as possible so that you can get medical help and the police can arrive to create an accident report. This is especially important after a hit-and-run, as there may be a limited window during which the police are best able to locate the at-fault driver. You should give the responding officer as much information as possible about the driver, including the color, make, and model of their vehicle; their license plate number; the direction in which they left the scene; and any details about their physical appearance. Witnesses to the crash may also be willing to provide helpful information that you might have missed yourself.

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 Posted on June 07, 2021 in Immigration

A criminal conviction in the U.S. can have serious consequences for the status of a lawful permanent resident, temporary visa holder, or undocumented immigrant. In many cases, it is grounds for removal or deportation. Immigrants are often unsure of their rights if they are arrested on criminal charges, and as a result, they fail to exercise them. If you are aware of your rights, you may be able to achieve a better outcome in your case.

Are Immigrants Protected by the U.S. Constitution?

Many of the rights afforded to criminal defendants in the U.S. are described in the Bill of Rights, the first 10 amendments to the U.S. Constitution. These rights apply not just to U.S. citizens, but anyone who is charged with a crime for which the U.S. has jurisdiction, including both lawful and undocumented immigrants.

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 Posted on May 25, 2021 in Criminal Defense

If you are charged with driving while impaired (DWI) in North Carolina, it is reasonable to be concerned about the penalties you may face. Any DWI conviction can come with serious consequences, but because of the complexities of the state’s DWI sentencing laws, it can be very difficult to tell just how serious they may be. Learning about North Carolina’s different levels of DWI can help you approach your defense with more confidence.

Aggravating and Mitigating Factors in North Carolina DWI Cases

North Carolina has five different levels of punishment for DWI offenders. To determine the appropriate level for the case at hand, the court will consider three different categories of factors:

• Grossly aggravating factors are the most serious, and they include things like prior DWI convictions within seven years, driving with a revoked license due to impaired driving, causing serious injury, or having a passenger under the age of 18.

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 Posted on May 10, 2021 in Personal Injury

Work-related injuries are unfortunately common, especially for employees in high-risk industries like construction and others that involve heavy equipment or physical strain. If you are injured on the job in North Carolina, you are usually entitled to benefits under your employer’s workers’ compensation coverage. However, it can be difficult to understand the full amount and types of benefits to which you are entitled in order to ensure that you receive them. An experienced attorney can help you ensure fair compensation, but it is also a good idea to educate yourself about the types of benefits available in North Carolina.

Types of Workers’ Compensation Benefits in North Carolina

North Carolina workers’ comp benefits help to reimburse you for many different economic losses associated with your injuries. Depending on the type of injury you have suffered and the severity of its effects, you may be owed compensation for one or more of the following:

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 Posted on March 11, 2021 in Criminal Defense

Although the majority of U.S. states have legalized cannabis consumption in some form, both the medical and recreational use of marijuana is prohibited in North Carolina. Possessing, cultivating, and distributing marijuana is punishable by heavy penalties -- including jail time in some cases. If you or a loved one have been charged with a marijuana-related crime in North Carolina. It is important to know what you are up against. Do not assume that because public opinion regarding marijuana has shifted that you do not need to take these charges seriously.

Consequences for Possession of Cannabis Vary by Quantity

It is unlawful to possess any amount of marijuana or marijuana-containing product in North Carolina. If you possess less than half of an ounce of cannabis, you face a misdemeanor charge that is punishable by a maximum fine of $200. However, possession of greater than half of an ounce of marijuana can land you in jail. Penalties for possession of 0.5 ounce – 1.5 ounce of marijuana include up to 45 days in jail and a fine of up to $1,000. Possession of 1.5 ounces – 10 pounds is a felony offense punishable by 3-8 months in jail and a maximum $1,000 fine.

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 Posted on February 12, 2021 in Personal Injury

Large commercial trucks are a vital part of our American way of life. However, trucks can also cause severe, often deadly auto accidents. Truck collisions and crashes caused by fallen truck cargo injure and kill thousands of people every year in the United States. If you or a loved one were hurt in a truck accident, you may be entitled to financial compensation for your damages. However, before you can recover compensation, you must determine who is liable, or legally responsible, for the accident.

Truck Drivers May Cause an Accident By Acting Negligently

Semi-trucks and other large commercial trucks can cause catastrophic damage in a collision. Truck drivers have an extremely important responsibility to other motorists. A truck driver who fails to follow traffic laws and signals puts his or her own life and the lives of others in danger. A truck driver may be liable for your damages if the driver’s negligence caused the collision. Examples of truck driver negligence include:

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 Posted on January 15, 2021 in Criminal Defense

Being accused of a crime can be a shocking and overwhelming experience to go through. Whether you were charged with driving while intoxicated (DWI), possessing illicit drugs, theft, a weapons crime, or another offense, you have rights. Knowing your rights is a crucial component of avoiding self-incrimination and building a strong defense against the charges. A skilled criminal defense lawyer can help you understand your legal options after being arrested and charged with a crime. Your lawyer can also ensure that your rights are not violated during the proceedings.

Remain Silent to Avoid Incriminating Yourself

Anyone who has watched a police television show has heard the recitation of the Miranda Rights. Among the rights listed in the Miranda Warning is the right to remain silent. Many people underestimate how crucial this right actually is. By staying silent, you avoid accidentally saying something that may be used against you during and in future criminal proceedings. Police are permitted to use various strategies to get criminal defendants to talk – including lying. Do not allow police to interrogate you without an attorney present. Remain silent and ask for your lawyer.

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 Posted on November 19, 2020 in Personal Injury

If you were hurt in a car accident, slip and fall accident, or another incident caused by the negligent actions of another party, you may be interested in filing a personal injury claim. An injury claim may allow you to recover financial compensation for your medical bills, lost income, and other damages caused by the accident. North Carolina personal injury lawsuits are subject to the state’s laws regarding “contributory negligence.” It is important to learn about how this law may affect your eligibility for damages.

Shared Liability for an Injury-Causing Accident

Many different elements can cause a person to be injured in an accident. Sometimes, the injured person’s own actions caused or contributed to the severity of his or her injuries. Personal injury claims involving shared fault are handled differently depending on the applicable state laws. North Carolina is one of the few states that follow a legal doctrine called “contributory negligence.” This means that you are not entitled to any damages if your injuries were caused by your own negligence. Even if your actions were only 1 percent the cause of the accident, you are typically barred from recovering compensation. However, your negligent actions must have contributed to your injuries in order for this negligence to prevent you from collecting damages. If you acted recklessly but this behavior did not cause or worsen the injury-causing accident, your negligence does not prevent you from recovering damages.

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