Charlotte Injury Lawyer Blog

Spring break is right around the corner and many people in North Carolina are looking to flee the cold and cruise down to the Caribbean. For a reasonable price, you are able to visit several locations, enjoy quality dining and entertainment and have nice, though small, accommodations. However, after the recent disaster off the Tuscan coast concerning the Costa Concordia cruise ship, I am sure many people are reconsidering this as a vacation option.

Another thing I am sure of is that many cruise passengers are unaware of what laws govern their rights at sea. People have a general idea of their rights on land, but do not realize that things significantly differ once they step foot on the cruise ship.

Passengers of cruise ships are governed by something called the Athens Convention. The Athens Convention controls the liability of the ship operators for personal injury and property damage sustained by its passengers. It contains everything from standards for establishing liability, statute of limitations, allowable defenses and venue requirements.

The Athens Conventions was adopted in 1974 and severely limits a passenger's rights unless the carrier acted recklessly or with the intent to cause such damage. Specifically, Article 13 of the Athens Convention provides that the carrier will lose its right to limit liability where it is proven that the damage resulted from an act or omission done with intent to cause damage, recklessness and knowledge that such damage would probably result of such actions. The Convention allows cruise liners to limit their financially liability to approximately $72,000.00 per passenger for a personal injury or death claim. This is an extremely low number and in no way adequately compensates a family who's loved one died while on a cruise.

While looking to the current Costa Concordia disaster, I believe those passengers would have an argument that the Captain acted in a reckless manner. It has come to light that the Captain intentionally deviated from their original course, and therefore the Athens Convention is inapplicable.

The attorneys and staff at Hull & Chandler wish you safe travels on any vacation of your choosing. If an accident does occur, contact us at Hull & Chandler, P.A. immediately.

Over the years, technology has made great strides in communication. From the iPhone to Facebook, people are able to stay in touch in ways inconceivable ten years ago. However, with great strides come even greater problems, even for those in Charlotte, North Carolina.

Although the internet has allowed for freedom and limitless sources of information, it has also stolen the privacy we enjoyed once before. Even if you do not have a personal Facebook page, it is very probable that a picture of you is posted on someone else's page. It is important to consider this lack of privacy before you partake in any activity. In the legal world, we are still trying to understand what ramifications the internet will have on our clients' cases. We are slowly starting to see how things such as case law and the rules of civil procedure adapt to the changing times.

Recently, a Supreme Court Judge in New York State's Suffolk County, permitted an insurance company to access a Plaintiff's Facebook history in a personal injury case. This allowed the insurance company to not only access the Plaintiff's current Facebook page, but also all deleted pages and related information. This is a dramatic turn of events as it allows the insurance company to go on a fishing expedition and wave pictures in front of a jury that could be taken completely out of context. For example, a picture of the Plaintiff on a trip that was planned prior to the accident, but occurred after the accident, could be used by the insurance company to show that the Plaintiff is not injured. Even though the Plaintiff could simply be having a "good day," or had just taken their pain medication, the jury may not want to hear an explanation and will have the picture branded in their memories. As a result, the insurance company achieved their goal of not fairly compensating the injured Plaintiff.

What you post on social media sites can also cost you your job. In a recent article published by the Charlotte Observer, a local waitress was fired because of her Facebook status. Managers of the restaurant where she worked let her go because she had violated "company policy against speaking disparagingly about customers," as well as "violated a second policy against casting the restaurant in a negative light on social networks." The waitress had received a bad tip and let all her Facebook friends know about it.

These are just a few examples of how an individual's privacy and life off-line can be affected by the internet and social media. We at Hull & Chandler, P.A. ask that you be cautious with what you post on social media sites and what is posted about you. If you have any questions or concerns about this matter, please contact us here.

Tis' the season for good food and good times with family and friends! Whether it's in Charlotte, North Carolina, or the country as a whole, the holidays mean increased travel to family and friends, holiday office parties and winter getaway vacations. Unfortunately, it is also one of the most dangerous times of the year with respect to highway traffic. During the holiday periods, highway fatalities that involve one or more impaired drivers increases significantly, starting with the Thanksgiving/Black Friday four-day weekend, known as one of the most deadly weekends of the year. Traffic accidents are also on the rise during the month of December, particularly during the Christmas and New Year holiday periods.

During this holiday season, remember to stay vigilant and alert. This season we ask that you make a commitment to do a few simple things to make your holiday travels safe and enjoyable.

- Be aware of your fellow drivers and potential hazards;
- Don't drink and drive;
- Avoid the use of cell phones and don't text. Rather enlist the help of a co-pilot to help you navigate your travels;
- Get a good night's rest before your travels;
- Leave plenty of time to reach your destination and take frequent breaks; and
- Download our app (for iPhone and Android users) to prepare yourself in case an accident occurs.

The North Carolina Department of Transportation provides a comprehensive list of driving and travel tips we all know, but often times fail to follow particularly when faced with the stresses and festivities of the holiday season.

The attorneys and staff at Hull & Chandler wish you safe travels during this holiday season and look forward to serving you in the coming year. If an accident does occur, please feel free to contact us at Hull & Chandler, P.A.

Earlier in the week, a North Carolina jury delivered a $10 million wrongful death verdict against Taser International for an incident that occurred in March 2008 where the victim was tasered after allegedly committing a variety of crimes. The jury determined that the manufacturer of the Taser device failed to warn that discharging the device into the chest and near the heart posed a substantial risk of death. During an unrelated incident on July 20, 2011, a Charlotte man died after being shot with a Taser during an arrest attempt. The arrest and cause of death are currently under investigation. The recent verdict and death has reignited the discussion regarding the use of the Taser device including the reexamination by the Charlotte Mecklenburg Police Department. The department has suspended the use of the device for 45 days to test the weapons to determine whether they are operating properly.

I discussed some of the issues that surface when injury or death arises out of the use of a product with FOX News reporter, Israel Balderas: $10 Million Verdict Against Taser Int'l Impacts Police Use.

Every day, we as consumers use products without incident. Unfortunately, sometimes even when a product is used as directed, injuries occur. As in the case of the 2008 Taser victim, the family is left to ask "why?" The answer is not an easy one and is often times left unanswered in large part because the consumer is uneducated on the steps necessary to preserve the evidence to find the answer. In any case involving wrongful death and serious injuries, including those arising out of the use of a consumer product, early involvement by counsel is important to preserve necessary information to help obtain the answers. This often times includes use of experts to collect data, photograph the scene, and preserve the product and any documentation investigating the injury or death.

Claims arising out of the use of a product may be based upon an improper design, manufacturing defect, a failure to warn or breach of warranty. A careful and early examination of all the facts and circumstances is important to determine what type of claim a consumer or injured person may have and what steps need to be taken to preserve evidence. If you have any questions and would like to know more, please feel free to contact me at Hull & Chandler, P.A.

As a Personal Injury and Business Litigation attorney in Charlotte, NC, I counsel my clients daily about the advantages and disadvantages of taking a case to trial. This past week I had the opportunity to sit on the other side, as I was the Plaintiff in an action to recover my medical expenses from an accident that occurred in 2008 that was not my fault. After two days of sitting in the other chair, I believe I have learned so much more than I ever could have by just trying a case.

In the early stages of any case, I always inform my clients of how long the litigation process actually is. Most people do not realize that from the time of filing a lawsuit, it could be anywhere from a year to eighteen months, or more, before we see the inside of a courtroom. Therefore, I always try to make it clear that if it is possible, settlement is the best option. However, sometimes settlement is impossible and a lawsuit must be filed. Even after filing a lawsuit, the Court supplies the parties many opportunities to settle their case. Depending on the Court the lawsuit is filed in, there is either mandated Arbitration or Mediation. Again, I explain to my clients that if settlement is an option, it is very important to consider it. Although time and money is often a factor when considering whether or not to file a lawsuit, it is also important to remember that trying a case in front of a jury is comparable to rolling the dice at a casino. Unfortunately, no matter how good of a case you believe you may have, you never know what a jury may do.

In my case, I was merely asking for my medical bills to be paid after a rear-end accident. My medical bills consisted of a hospital bill and ten chiropractic visits. Unfortunately, the insurance company was only willing to offer me half of my bills. After months of trying to negotiate with them, they refused to budge and I proceeded with filing suit. One year and seven months later, I finally got my day in Court. While preparing for trial I quickly realized that this was not a place where I wanted to be. Although I knew the law, and had great confidence in my colleague, I felt helpless. As I sat in the courtroom, and all my personal information was revealed for the jury, I felt vulnerable and exposed. Although I try to prepare my clients the best I can before they have to testify, I never knew that they may face such emotions being up on the witness stand.

After what I believe was a great presentation by our side, the jury only awarded me half of my medical bills. Waiting for the jury to come back with a verdict was nerve racking, and hearing it read out loud shocked me. I did not understand how the jury could not have awarded me my medical bills in an accident that was not my fault. I tried to remember what I tell my clients before trying any case; it is a gamble. But, it was hard for me to remember that as I sat in the Plaintiff's chair. I do not regret filing my lawsuit. Although I did not get the verdict I was hoping for, I took away a great deal from my experience. I can now understand what emotions my clients are feeling while they are sitting in that chair. It is definitely not a place I want to be again, but hope that my experience will make it easier for my clients to be there.

A bus accident involving multiple victims can present a variety of complications which are not at issue in smaller vehicular accidents. The sooner an experienced personal injury attorney is retained the better equip the attorney is to maximize the victims recovery. In cases involving commercial buses, critical evidence can be lost or overlooked with the passage of time. In addition, the insurance company for the commercial carrier often has their own attorney on scene before the investigation is even complete. The victims must act quickly to gather the evidence they will need to present a case and assure all their rights are protected from the early stages of the case.

An example of this type of case occurred early Tuesday when a bus which originated from Charlotte, NC crashed on I-95 just north of Richmond on its way to New York City. The tragic incident, which killed four and injured over fifty others, is just the latest incident for a troubled bus line which has had multiple problems according to the Charlotte Observer.

Sky Express is a bus line which offers multiple trips from Charlotte to New York on a daily basis. According to a report in the Charlotte Observer, the bus line "has encountered a number of problems with federal officials on driver safety". Driver safety has been as issue in the past and early reports indicate the driver ran off the road and over-corrected causing the bus to wreck. Although the investigation is continuing, the injured and their family need to act quickly to protect their rights.

For more information or assistance with the Sky Express incident or other accidents involving commercial passenger vehicles please call Michael Chandler (704-375-8488) with the Law Offices of Hull & Chandler for a free consultation.

Lawyers, Inezmarie K. Docar and I. Timothy Zarsadias, with Hull & Chandler, P.A. settled an automobile accident case for $175,000.00.

The client in this case was a stone mason who was hired to work on a local North Carolina construction project. While he was working, he left the construction site to pick up materials and was hit by a dump.

Our client sustained debilitating injuries as a cause of the accident. He suffered a traumatic brain injury, and has been given a permanent partial disability rating due to the extensive nature of his injuries. In addition, he suffered injuries to his neck and spine which have caused him to have daily chronic pain.

The driver of the dump truck claimed that he had a yellow light when he proceeded into the intersection, but our client vehemently disagreed, as he stated that he had the green light when he was struck. Due to the fact that there were no witnesses to the accident, it was just one driver's word versus the other, making it extremely difficult to determine who was liable. The insurance company for the dump truck denied the claim based on the dump truck driver's statements that he had a yellow light.

Hull & Chandler, P.A. filed suit on behalf of our client alleging that the dump truck exceeded the speed limit and failed to maintain a reasonable lookout and control. After a lengthy discovery phase and several depositions, the case was finally settled during mediation for $175,000.00.

WRECKamend Car Crash Claim Kit is now available for free on the iTunes App Store. This mobile phone application allows the user to record evidence at the scene of an accident that will be useful in settling their insurance claims. Information collected on the iPhone App is compiled into an accident report that can be e-mailed to your attorney of choice. Features include a camera and voice recorder to assist in collecting statements at the scene of the accident from the other driver or witnesses. The iPhone App includes fields to enter information on the other driver, witnesses, insurance policies and other relevant information for your claim. GPS is used to record the time and location of your incident.

In addition to the evidence collection function, WRECKamend iPhone App provides useful information concerning North Carolina automobile insurance, car repair and rental and basic medical questions. With the push of a button the iPhone App connects you with emergency 911 to report your accident. Another button connects you with the law office of Hull & Chandler, P.A. so you can consult a lawyer while you are at the scene. Information on local towing, car repair and hospitals is provided through the application by Google Maps.

Hull & Chandler, P.A is a law firm in Charlotte, North Carolina with a focus on personal injury and other litigation. Hull & Chandler, P.A. has provided this iPhone Application as a service to its clients in an effort to accurately record the evidence at the scene of an auto accident. We believe that the Application is the first of its kind developed by a law firm in North Carolina.

WRECKamend is available Here

or link to it from our website: www.hullandchandler.com
or follow WRECKamend on Twitter: @WRECKamend
or follow Hull & Chandler, P.A. on Twitter: @lawyercarolina

The North Carolina Senate recently approved a sweeping overhaul to the state's medical malpractice laws. Senate Bill 33 would limit certain monetary damages for patients who have been injured due to medical malpractice. Under the new law, the standard of malpractice for emergency room doctors would change from ordinary negligence to gross negligence. Proponents of the bill say that these changes are necessary as emergency medicine is a riskier specialty than other areas of practice. However, opponents of the bill argue that by changing the standard to gross negligence, it makes it almost impossible for an emergency room doctor to be liable for their mistakes as it requires willful misconduct.

Another controversial provision of Senate Bill 33 places a cap of Five Hundred Thousand Dollars ($500,000.00) for non-economic damages. This does not include medical bills or lost earnings as a result of the medical malpractice. Supporters of the bill believe that by placing the cap on non-economic damages, it will allow for insurance companies to lower the cost of malpractice insurance. In addition supporters believe that malpractice reform will lead to lower health-care costs and increased access doctors. However, critics argue that the cap violates citizens constitutional rights to a trial by jury, as jurors are the proper people to determine the amount of compensatory damages to be awarded. The House is likely to take up the matter next week.

As technology improves, motorcycles like other motor vehicles are becoming safer to operate. One of the most dramatic improvements in motorcycle safety concern upgrades in the braking systems. The changes started with BMW and other European manufactures who started implementing anti-lock braking systems (ABS) in 1989. By 2000, most if not all Japanese manufacturers began offering ABS. In 2008 Harley-Davidson started offering ABS.

A study by the Insurance Institute of Highway Safety (IIHS) was released in 2008 which supported the effectiveness of ABS in preventing motorcycle crashes and preventing fatalities as a result of motorcycle crashes.

The study by the IIHS begs the question, if motorcycles are safer, why are more injuries being reported? There are several factors which have resulted in more injuries. First, there are more motorcycles on the road than ever before. Motorcycle use is no longer limited to men under the age of 40. More than ever, women are taking to the road and many baby boomers have taken up riding as a hobby in retirement. The result is far more riders on the road today than even a decade ago. Second many of the new riders are inexperienced. David Parsons, president and CEO of AAA Carolinas, is quoted in a Charlotte Observer article "inexperienced drivers and a lack of safety training is behind the growing problem in the state". The article goes on to state that North Carolina motorcycle fatalities have increased 20% in 2010 compared to the same time frame last year. Third, North Carolina does little to regulate or motorcycle riders. As Parson states, "Mandatory safety education and road tests should be required for anyone operating a motorized vehicle, especially a two-wheeler, on public streets".

According to the Centers for Disease Control & Prevention, every day 32 people in the United States die in car accidents that involve impaired drivers. This is staggering when you consider every 45 minutes someone in this country is killed as a result of the careless and reckless actions of a drunk driver.

Although every driver is at risk, young drivers (between the ages of 21 and 24) as well as motorcyclists are more likely to be killed or injured as a result of a drunk driver. To understand the magnitude of the problem, you should consider the following statistics published by the CDC:

• In 2008, 11,773 people were killed in alcohol-impaired driving crashes, accounting for nearly one-third (32%) of all traffic-related deaths in the United States.

• Of the 1,347 traffic fatalities among children ages 0 to 14 years in 2008, about one out of every six (16%) involved an alcohol-impaired driver.

• Of the 216 child passengers ages 14 and younger who died in alcohol-impaired driving crashes in 2008, about half (99) were riding in the vehicle with the alcohol-impaired driver.

• In 2008, over 1.4 million drivers were arrested for driving under the influence of alcohol or narcotics. That is less than one percent of the 159 million self-reported episodes of alcohol-impaired driving among U.S. adults each year.

• Drugs other than alcohol (e.g., marijuana and cocaine) are involved in about 18% of motor vehicle driver deaths. These other drugs are often used in combination with alcohol.

The effects of senseless acts can be devastating on the victims and their families. Fortunately in North Carolina, driving while impaired (DWI) is considered an act of willful and wanton conduct which allows victims and their families to pursue not only compensatory damages but also punitive damages through a civil lawsuit. The purpose of punitive damages is to send a message to the drunk driver and others in the community that in addition to criminal punishment the offender also faces civil punishment in the form of a monetary compensation to the victim.

The attorneys of Hull & Chandler, P.A. are committed to aggressively prosecuting civil claims against drunk drivers with a dual goal of compensating our clients and more importantly sending a message to offenders that drunk driving will not be tolerated by the drivers, motorists and citizens of North Carolina. If your life or the life of a loved one has been impacted by a drunk driver's careless actions in North Carolina, you need to contact an attorney who is experienced in handling civil cases against drunk drivers.

Lawyers, R. Michael Chandler and I. Timothy Zarsadias, with Hull & Chandler, P.A. settled an automobile accident case for $400,000.00. A write up of this case was published in North Carolina Lawyers Weekly on September 9, 2010.

The client in this case was a 17 year old student who was riding home from school with another student. She was injured when the driver of her vehicle pulled in front of a logging truck.

The driver of our client's vehicle died in the collision and our client was knocked unconscious. She was transported to Carolina's Medical Center where she was in the ICU for three weeks recovering from her injuries.

The driver's insurance tendered the limits of their insurance policy of $100,000.00. However, the insurance carrier for the logging truck denied the claim based upon the truck driver's contention that the plaintiff's vehicle ran a stop sign.

Hull & Chandler, P.A. filed suit on behalf of our client alleging that the logging truck was exceeding the speed limit and failed to maintain a reasonable lookout and control.

Despite our client's less-than-clear recollection of the moments leading up to the collision due to the head injury she sustained, we were able to use accident reconstruction experts to show that the truck driver could have taken action to avoid the accident.

After we successfully defended a motion for summary judgment, the case was settled for $400,000.00, which was structured at our client's request to pay our client, after legal fees and liens, in the amount of $498,000.00 over the next 38 years.

On August 3, 2009, Attorney Michael Chandler received an arbitration award of One Million One Hundred Thousand Dollars ($1,100,000.00) on behalf of a client in a catastrophic automobile accident.

Our client was injured by a drunk drive when the drunk driver crossed the center line in the road and collided with her vehicle. Our client was severely injured in the crash impairing her ability to walk. Multiple surgeries and other medical treatment was required due to the injury.

Expert testimony was required to prove the permanent nature of the injuries and lost earning capacity. The arbitration was held before a panel of three arbitrators and the award was made of $1,000,000.00 for the injuries sustained and $100,000.00 for loss of consortium.

The victims of the ConAgra plant explosion in Garner, North Carolina have already started employing lawyers to investigate the cause of the explosion and determine what happened and what claims are available. Many of the law firms are starting to share information and compare notes on what caused the tragedy that killed and injured workers at the plant.

At least one lawsuit has been filed and others are expected to follow in the coming weeks and months. Many might view the timing of the lawsuits in a negative light since the wounds are so fresh to the victims and their family members. Unfortunately the lawsuits are necessary in a day and age when corporations and their insurance companies will go to great lengths to conceal, withhold or in some rare cases destroy evidence. The purpose of the lawsuits are to invoke the court's power and force any and all potential defendants to share valuable evidence with the victims before it becomes stale or the proverbial trail to responsibility gets cold.

It is unclear at this time as to whether any of the potential defendants in this case have taken any steps to withhold valuable evidence but it has become clear the victim's lawyers are not going to give them a chance.

The explosion that rocked a Garner, North Carolina ConAgra plant is being blamed on a gas leak. Now the victims devastated by the disaster are asking questions and want to know who or what caused this tragic disaster. Early indications form the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives traced the blast to a pump room where the gas leak occurred. It is being reported that contractors with Southern Industrial Constructors had been installing water heaters. The first lawsuit has been filed alleging negligence against the contractor.

It is important for employees and their families who were affected by the explosion to consult with a qualified attorney. Many employees might believe the only avenue of recovery to be a worker's compensation claim. However, if a third party is found to be negligent, such as the contractor alleged in the lawsuits, the victims can recover not only worker's compensation but other damages not generally available through the worker's compensation system.