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    Workers' Compensation Claims and Negligent Third Parties

    Last updated 7 months ago

    If you were injured at work, you may have the chance to collect workers’ compensation payments while you recover. However, collecting and cashing these checks means that you cannot sue your employer for unsafe conditions. If a third party, such as a manufacturer or vendor, was at fault for your injuries, you may be able to file a personal injury claim against them in addition to receiving your workers’ benefits. Here is a look at your rights in this situation: 

    • Workers’ Compensation Claims

    Employees who are hurt in the workplace are entitled to collect workers’ compensation payments while they recover. Employers pay into this state-run plan, and injured workers can collect checks for missed salary, benefits, and medical bills. A claim can be filed online or with the help of an attorney. Workers’ compensation is a no-fault system, so employees can receive compensation even if the injury was their own fault.

    • Negligent Third Parties

    One of the main reasons employers like workers’ compensation plans is because once you collect from the state’s plan, you cannot file a claim against the employer. This saves companies a great deal of money and stress. However, though your injury may have happened at work, it may have been the fault of a third party. If a vendor was negligent or a machine malfunctioned and caused you injury, you have the right to sue the at-fault party in addition to filing a workers’ compensation claim.

    The workers’ compensation process can be lengthy and procedurally difficult. If you were hurt at work and need legal advice about your options, consult the Law Office of D. Hardison Wood. We are dedicated to helping North Carolina residents with personal injury and third party liability claims. Call our office today at (919) 238-4668 to schedule a no-cost case evaluation.

    Disclaimer:

    The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

    Educate Yourself About Personal Injury Law With These Links

    Last updated 8 months ago

    A personal injury lawyer can help you obtain monetary compensation if you have been hurt as the result of another person’s negligence. To learn more about types of negligent behaviors, read the following articles:

    • HowStuffWorks.com breaks down the lawsuit process.
    • Medical malpractice law dictates that a patient is owed compensation if he is injured as a result of healthcare provider negligence. MedicalNewsToday.com breaks down what constitutes medical malpractice.
    • This website lists some quick facts on medical malpractice issues.
    • If you suspect that a loved one is the victim of nursing care abuse, consult a personal injury attorney. The National Center on Elder Abuse describes the major types of elder abuse.
    • Have you been involved in an auto collision? Edmunds.com details what to do after a car accident.
    • Almost one out of every three automobile-accident deaths involves drunk driving. Mothers Against Drunk Driving (MADD) offers sobering information on the high occurrence of drunk driving injuries and fatalities.
    • As SmartMotorist.com reports, speeding is also a factor in one-third of all fatal traffic accidents.
    • Have you been injured because another driver was on his cell phone? Distraction.gov explains distracted driving.
    • Whiplash is a soft tissue injury that commonly afflicts car accident victims. WebMD.com describes the symptoms of this trauma.
    • A person who has sustained a personal injury can claim reparations for pain and suffering in addition to compensation for medical costs, lost wages, and rehabilitation fees. DMV.org explains what a personal injury victim must prove to obtain pain and suffering damages.

    The Law Office of D. Hardison Wood provides legal representation for the victims of personal injuries. Call our Cary office today at (919) 238-4668 to speak with a personal injury lawyer about your case.

    Keep Your Car Safe and in Good Driving Condition

    Last updated 8 months ago

    Taking the time to ensure that your car is in optimal shape will significantly reduce your chances of an accident. As this video explains, you should check your tires on a regular basis to ensure that they are fully inflated and that they have not become too worn. To extend your tires’ lifespan, you should be sure to have them rotated as frequently as your owner’s manual recommends.

    You should also check your engine oil, brake fluid, and other fluids periodically. Well-functioning brakes are essential to avoiding accidents, so have them professionally inspected from time to time. Fully operational windshield wipers are indispensable for driving in rain or snow. For more tips, watch the full clip.

    Caring for your car can help prevent some accidents, but the actions of others on the road may still lead to a serious accident. If you have been injured in a car accident due to the fault of another, talk to a car accident lawyer to discuss your legal options. To schedule a consultation with a personal injury attorney in Cary, call the Law Office of D. Hardison Wood at (919) 238-4668

    What Is the Discovery Rule in Personal Injury Law?

    Last updated 8 months ago

    Most personal injury laws have a statute of limitations. However, as this video explains, the discovery rule can often extend the time limit in which an individual and his personal injury attorney may file for damages.

    The discovery rule mandates that the statute of limitations for a personal injury goes into effect only once a person is aware of his injury. In cases of pharmaceutical negligence, prescription users may not be aware of medication side effects for months or even years after treatment. Therefore, the discovery rule allows individuals in circumstances such as these to legally file suit for their pain and suffering.

    If you have sustained a personal injury because of someone else’s negligence, the Law Office of D. Hardison Wood in Cary can help. To find out more about our legal services, or to schedule a consultation with personal injury attorney, call us at (919) 238-4668.

    Defining "Pain and Suffering" as It Pertains to Personal Injury Claims

    Last updated 8 months ago

    If you sustain a personal injury due to another person’s negligence, you can obtain damages for a number of costs, including medical bills, lost wages, and rehabilitation fees. Many times, you can also claim reparations for “pain and suffering.” Given the abstract nature of pain and suffering, many personal injury victims can benefit greatly by consulting with a personal injury attorney to seek compensation for these damages:

    How does pain and suffering differ from other personal injury costs?

    Most of the time, damages can be determined by documentation. Medical costs, missing income, and rehabilitation expenses generally can be accounted for with records from the victim’s healthcare provider or employer. However, pain and suffering constitutes the physical or emotional stress caused by a personal injury, which often cannot be ascertained through paperwork. This is where an attorney can prove vital, as he can help a personal injury victim determine a claims amount.

    How can you prove pain and suffering?

    Pain and suffering may be proved through several means. First, you must provide extensive records of your medical injuries, including physician reports, medication expenses, proof of lost income, and photographic documentation of your injuries. Next, you and your personal injury attorney must calculate a pain and suffering amount based upon the nature of your injury and how it has impacted your quality of life. Some individuals add up their medical costs and multiply it by a certain number. Others break down their pain and suffering by a daily formula that configures how their injuries have prevented them from participating in daily activities.

    A personal injury attorney understands both the concept of pain and suffering and what proof a court will need to determine that you deserve compensation for it. The Law Office of D. Hardison Wood can help you receive your pain and suffering compensation. To learn more about our legal services, or to speak with a personal injury lawyer, contact our Cary office today at (919) 238-4668.

    Disclaimer:

    The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

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Materials available at this website are for informational purposes only and not for the purpose of providing legal advice. Contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.
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