North Carolina Injury Lawyer Blog

On February 2, 2012, a merger of two practices took place between Graham Stiles and Craig Asbill. Graham Stiles is a graduate of the University of South Carolina and received his law degree from Campbell University. He holds licenses in North Carolina state court and federal courts including the 4th Circuit Court of Appeals. He is an active member of the North Carolina Advocates for Justice where he has devoted 100% of his practice to representing the injured. For more than a decade he has successfully represented hundreds of people in automobile cases, workers compensation, medical malpractice, nursing home neglect, wrongful death as well as social security disability cases. Craig Asbill is also a focused personal injury trial attorney with a proven record in North Carolina as well as South Carolina. Craig graduated from North Carolina State University and Mercer University where he received his law degree. Craig is licensed to practice in North and South Carolina where he is an active member of numerous organizations. He was recently honored as one of the top 40 attorneys under the age of 40 in North Carolina. Together, their combined practices have remained focused on the injured for more than two decades.

The firm of Asbill Stiles, LLC is based in Charlotte, North Carolina and located in the historical Gateway building, directly across the street from the federal courthouse. It took many months of preparation, building renovation and prayer to make this firm possible.

Our continued goal is to aggressively represent the injured across North Carolina and South Carolina. We will continue to successfully compete in an area of practice which has been largely taken over by firms with multi-million dollar advertising budgets. Rather than spend our time on large scale marketing we have kept our focus on providing our clients with the utmost in legal representation. As attorneys in the prime of our career we intend to carry the torch for seasoned injury attorneys who approach retirement. It is our innovative, modern approach combined with years of experience that has made a word of mouth practice successful.

The support you need. The justice you deserve.

Today in Charlotte the sun is shining and the air is crisp and cold. My breath freezes and the initial chill to the face is an eye opener. Temperatures are not expected to rise far above freezing, but the full day sun still has birds singing. All is well.

It is this time of year when my love of snow skiing takes over and I begin planning a trip to the North Carolina mountains. This year I'm determined to take on new adventures and experiences,. Being adventurous in the snow means that I'm going to rent a snowboard instead of skis. I look forward to falling again and again as I learn a new way of enjoying the snow. Thick padding and a good sense of humor are all that I will need (that, and good health insurance).

It comes as no surprise that people are injured every year on the slopes. Sometimes it's their fault while other times it is another skier who happens to run them over. Regardless of the cause, accidents cause injuries. As a personal injury attorney I'm occasionally asked whether or not there is any cause of action for the injured skier. My quick response is that a claim is doubtful because we assume the risk of injury when we participate in certain sports and snow skiing is definitely one of those sports where injuries are prone to happening. For that reason, ski slopes have insulated themselves from liability in most all situations. There is no short supply of North Carolina caselaw in favor of the ski slope. This is arguably the right decision; however, there are meritorious claims. It is such meritorious claims that take the careful review of a seasoned personal injury attorney who has experience with the specifics of niche injury claims.

Easy to follow safety precautions will be a better approach rather than having to address the issue of responsibility. Basic skiing tips include skiing on slopes that are within your level. Don't go straight to the top of the mountain to find a double black diamond if you aren't ready to tackle it. You know your level of experience and even the best of skiers do not start their day on the hardest slope of the mountain. Do not stop where trails merge or in an area where skiers above you cannot see you as they approach. Finally, do not ski when you've been drinking or taking drugs. You know if I'm talking to you and simply don't do it. A broken neck and paralysis aren't worth it. In sum, prevention will always be the best measure and skier safety is easy to follow.

Ski safe and don't laugh too hard if you see me falling.

I am looking forward to 2012 personally and professionally. Personally, I have seen my youngest daughter's birth and all that comes with a child's first year. I have also seen my first child go to kindergarten and flourish among her fellow students. Professionally, my firm has continued to successfully represent those who are injured whether it me emotionally, physically and/or financially. Based on our continued success we will add an additional attorney in the upcoming weeks. Together, I have much to be grateful for. Thus I plan on celebrating this year on Saturday night with family and friends. My children will be a part of the celebration which I recognize is different from many who ring in the new year. We will be celebrating at a close friends house rather than venture out into uptown Charlotte which would require us to travel the roads on the worst day of the year. I know that I'm going to be in the minority on my celebration efforts but as a personal injury attorney I have seen far too many injuries and wrongful deaths directly caused by drunk drivers.

North Carolina does everything it can at the city, county and state level to have law enforcement get drunk drivers off our streets as quickly as they can. However, on holidays like New Year's there is an overwhelming number of drunk drivers who hit the streets. For that reason, many drunk drivers are not caught until after they have caused a collision. As we would all like to avoid becoming a statistic, I hope that you will consider the following precautions:

1. If you are driving. Be the designated driver. Do not drink at all. Not one drink if you will be behind the wheel. If you are drinking, have a designated driver or call a taxi. Many taxis will offer free service to those too intoxicated to drive on evenings like New Year's.
2. If at a bar, keep your eyes open for people who are visibly intoxicated who appear to be fumbling for their car keys. Please do all that you can to stop them from driving. You never know how many lives you may have saved by being observant.
3. If you are driving, watch for the cars ahead and behind you at all times. Are they swerving, riding the line or changing their speed erratically? Chances are they shouldn't be driving.

In sum, you must be a proactive defensive driver on New Year's Eve. If you can avoid the streets then do. If you cannot, then keep your eyes and ears alert for the drunk driver. If you have passengers in your car, have them looking as well. The statistics show that you will encounter a drunk driver, it is simply a matter of recognizing them and avoiding some type of alcohol related collision.

The Christmas shopping has come and gone. Now we are looking at the numerous returns to every store in town. As we burn up our gas and weekends on exchanging the presents across town it is important to reflect on the number of robberies and other acts of violence committed during this time. According to the inspector general, during the holiday season the number of crimes such as shoplifting increased more than 89 5. This figure does not include forcible robberies increases which also saw a spike in frequency. This is a logical increase given the number of increased shoppers and the knowledge of criminals that more victims are out there to go after. Therefore, knowledge must be combined with safety to potentially avoid becoming a statistic.

When shopping do not talk or text on your new phone. When possible leave your children at home. Together you are less likely to be the victim of a pickpocket. When leaving the store, always walk with your keys in hand and park in well lit areas. If you purchase lots of items and must continue shopping, do not leave these goods in visible sight and never leave your purse in the car.

Earlier I stated that personal safety tips may prevent the likelihood of being robbed; however, the safest personal measures will hardly make a difference when a shopping center or mall has inadequate security measures. Inadequate security can be a lack of qualified foot patrol or too few security guards. Failing to make patrol rounds with enough frequency is also a common security flaw. Lighting should always be bright enough so that would be robbers cannot hide in the darkness and there should be signs warning potential criminals that the area is under video surveillance. While a mall may employ each of these measures, all should be heightened during the holiday season to reflect the rise in attempted robberies. If the shopping center is located in an area with a high crime rate, again, security should be greater than a mall which is in a safer part of town.

As a North Carolina injury attorney I have seen too many people severely injured by the would be robber. It often occurs in the mall parking lot and seldom is the robber caught. Even worse, it is usually accompanied by a complete lack of security. This may seem like a straightforward case with an easy resolution, but it never is. Only with more than a decade of experience have I seen most of their defense tactics and come up with an effective strategy to overcome these defenses. Regardless, the best legal claim is one that must never be made because the attack never occurred. I would hope that the added safety tips would help reduce the statistics and keep my readers a little bit safer this holiday season.

As the Holiday season approaches there will be more office parties, parties at restaurants/bars and more gatherings at houses of family and friends. With many of these parties alcohol will be served at a reduced rate or free of charge. The result is that the nondrinker is more likely to try what the group is having and the casual drinker is likely to drink more than they are used to. The result for both kinds of drinkers is intoxication and an increased risk of driving under the influence of alcohol. For this reason statistics would show that far more drunk drivers hit the roads during holiday season, thereby increasing the likelihood of a DUI collision. Safety tips and designated drivers will only reduce so many DUI collisions. Therefore, the focus becomes who is responsible for the injuries caused by the intoxicated driver.

In North Carolina all drunk drivers will be held responsible for their actions when causing DUI collisions. As a personal injury attorney I sadly see that the kind of drunk driver who causes a collision is also the kind of irresponsible driver who doesn't carry any insurance. As a result you often see a partial shift in responsibility to the person who served the alcohol. In North Carolina we have what is referred to as social host liability. Simply put, if you serve someone alcohol to a point of intoxication (or beyond) when you knew or should have known that the person was intoxicated, then you assume responsibility for their actions while intoxicated. The common scenario is the bartender who serves too much alcohol to someone who later causes a DUI collision with injuries. The difference with this holiday season is that there are many places serving alcohol that are ill equipped to recognize that their patrons are intoxicated. It could be the business or homeowner who sees that their holiday gathering has resulted in a suit against them.

It is unlikely that the business or homeowner will be able to completely control the level of intoxication of those at their gathering; however, one can make sure that they are financially protected in the event that someone does cause injury to others after drinking at their event. Insurance can easily be purchased for when alcohol is served at a function. This insurance is cheap in comparison to the potential liability. It is designed to protect the homeowner or business owner during the time the party takes place and the following hours post party. A strong investment for peace of mind.

For most attorneys who practice social security, we assume that the average client has a general understanding of the disability process. However, if were this true, I believe that when helped by a qualified attorney, less people would be turned down on their initial attempt for acceptance. Therefore, I think it is worth starting at the beginning by explaining what qualifies for disability.

To be rendered disabled, a person must be unable to work because of a severe physical or mental impairment that has lasted or is going to last 12 consecutive months or is expected to result in death. (see generally 40 U.S.C.S § 423). It is important that disability not only eliminates the ability to perform the claimants past job, but also limits the possibility of any future employment based on their age, education, work experience and their mental and or physical limitations.

A common pitfall for an unrepresented claimant is to list one or two impairments that they believe are disabling and then submit their application. To their dismay they are denied benefits when they truly should have received them. Often the simple reason is a failure to list all impairments, no matter how small an individual impairment may be. The reason is because the Social Security Administration will take a cumulative look at all listed disabilities to determine if, in sum, they render the claimant incapable of performing any type of gainful employment. Therefore, it could be that someone has several individually non qualifying disabilities, but the medication taken for each of the conditions has side effects that, when combined, make it impossible for the claimant to work. Here, were the claimant to list one or two of their conditions would certainly result in the denial of their claim and years of frustrating appeals.

If you believe that you have a disabling condition. Seek the advice and guidance of an attorney who practices social security disability law. Such an attorney is going to have a strong feeling whether or not your disabilities will be recognized by the SSA for acceptance into the program. Let the attorney represent you if they think that you qualify. It will save you many months if not years, of frustrating appeals by having a qualified advocate on your behalf. Finally, if the attorney that you meet with does not believe that you qualify for disability, seek a second opinion. Not all attorneys share the same opinion and disability will always be an area of varying views. Obtaining what you rightfully qualify for deserves careful attention and consideration.

As an injury attorney I live on my telephone which means I am constantly on my cell phone. Like many professionals I have found that I can keep my conversations short and focused by texting with clients and other attorneys. Even when I'm in the office I have come to prefer this means of communication as it seems to be the most efficient use of my time, ensuring that I can respond to client's needs in the quickest way possible. My guess is that my clients also prefer it because none have ever complained that they have their attorney's private cell phone number on speed dial.

I am just as guilty anyone else of reading (and sometimes responding) to text while driving. I know that I shouldn't and try to limit when and where I do it to the safest stretches of road. Regardless, I could still end up in a wreck as a result of this horribly bad habit.

Texting is clearly a distraction while driving, but is it any worse than the radio, talking on the phone or any other long list of things people do when they should be focused on the road? Well, "Car and Driver" conducted a study to determine how much texting slowed a driver's response time versus drunk driving. The shocking result was that response time was slower when texting. I couldn't believe the results. A second study with more exact figures reflected that a driver is 8x more likely to get in an accident than someone who is paying attention to the road. The final category, talking on the phone while driving creates a distraction and likelihood of collision that is equal to that of drunk driving regardless of whether or not the use is hands free.

All states have laws that prevent drunk driving and many states prohibit texting while driving (including my state, North Carolina); however, no state forbids talking on the phone while driving. Based on the numerous studies with similar conclusions, the public should take a hard look at their phone behavior when driving. I know that my habits will be greatly altered and those whom I ride with are going to start following safe rules as well. No phone conversation, text or otherwise is worth dying over.

A scar is defined as a mark left on the skin after a wound has healed. Therefore, scars can be broadly caused by burns, cuts, scrapes, (even tattoos). There are three main categories of scars, hypertrophic, atrophic and stretch marks. A hypertrophic scar is one that is raised above the surrounding skin. An atrophic scar is one that is sunken below surrounding skin. A stretch mark, is self explanatory. The effect is a loss of pigmentation, shape or other skin disfigurement. Most cuts, abrasions, burns, etc. heal and leave no scar, but for some, a reminder is left of the event. So when does a scrape become a scar? Most plastic surgeons would agree that a scar has formed if the injured tissue is still visible after a year, though some scars are believed to disappear with additional time.

Scar revision is a way to reduce the visible nature of a scar, leaving some scars unnoticeable. Scar revision comes in many forms including surgery, dermabrasion, chemical peels, steroids, vitamins and lasers . With these processes also comes a price that can go into the thousands of dollars for repair. The expense of scar revision may be great, but for a 15 year old female with a scar across her face as a result of a motor vehicle collision, the cost is unimportant.

A very serious form of hypertrophic scarring that forms in darker skinned persons is commonly referred to as Keloid. Here, the raised area extends beyond the original site of injury and often cannot be removed.

As a Charlotte personal injury attorney I see scarring on a daily basis. Common sense says that an injury involving scarring will settle for more than one without; however, an attorney with the relevant experience and background will be necessary to achieve a reasonable settlement. Because most scars take time to fully mature; therefore, it takes patience to know when it is appropriate to begin settlement negotiations. For many, they cannot afford to have the scar revision done because health insurance will not cover the cost. For such a client, their attorney must negotiate the cost of future scar revision into the settlement. In sum, a scar can be a permanent costly reminder of someone's misfortune. It is something to be taken serious and when appropriate, should be compensated for.

This week Charlotte, North Carolina has seen a lot of rain and not surprising, a lot of wrecks. As a personal injury attorney here in the Queen City, I know that many of the collisions could have been avoided with better tires. Better tires will decrease stopping distance, provide better traction, improve gas mileage and last longer. These are well known facts, but just how much it improves these factors should be discussed to emphasize the need for tires.

Stopping Distance: Tires are the most important factor when trying to stop quickly. A measurement that is important to remember when trying to decrease stopping distance is traction coefficient. As explained by HowStuffWorks.com the higher a car's traction coefficient, the shorter the stopping distance. New tires will have a higher traction coefficient than worn out/smooth tires and higher performance tires may be made of a material that has an increased traction coefficient under heavy braking conditions. However, road surface and condition of brakes both have an effect on the traction coefficient of a vehicle. Regardless, new tires are an easy solution to increasing your traction coefficient under any given condition.

Increased Gas Mileage: For many, increased gas mileage if just as important, especially now that gas prices have soared to record levels. When this high, newer tires are proven to out perform worn out tires when factoring in gas mileage. Equally important is keeping the tires properly inflated because this can increase gas efficiency by 3.3 %. Currently this translates to approximately .15 per gallon of savings!

Longer Tread Life: Tread life is directly affected by proper tire rotation, maintaining tire pressure and the quality of tire that has been purchased. A cars alignment, weight distribution, quality of brakes and tires pressure all contribute to uneven tread wear. Tire rotation and proper inflation will reduce factors of uneven tread wear . This is important because uneven tread wear is self-perpetuating and will only get worse with time. Uneven tread wear will also effect a cars brakes as well as alignment, both of which further affect tread wear.

Buying good tires, not the cheapest you can find will ensure that your tires are made to a standard that has better traction and will last much longer than cheaper tires. Quality tires will also increase gas mileage. Together, you are buying tires less frequently and spending less money at the pump which economically justifies paying a higher price for a better tire. However, do not simply buy a tire for the name without further investigation. Look at the UTQGS rating. This rating can be found on all tires, usually a sticker affixed to the tread. This rating factors in treadwear, traction and temperature resistance. Regarding traction, the highest rating is AA versus C which is much lower. For temperature rating, A-C are the ratings with A being the highest rating and C being the minimum. Together, these ratings will help you decide if the higher priced tire is really better than another.

Conclusion: It's never safe, nor financially wise to drive around on worn out tires. We all know that having better tires is safer yet most believe that they cannot justify the cost. The cost is substantially reduced over the life of the tire and how often you buy gas. Charlotte is entering the Fall where we will likely see more rain. Winter will be here soon where snow and ice will also impact road safety. Work towards a new set of tires and take care of them. They will reward you when driving in Charlotte traffic and your pocket as well.

In the somewhat recent past I sprained my ankle during a great late Spring marathon appropriately named the Twisted Ankle Trail Marathon. After stepping on a large root in the trail I turned my foot under, thus the awful popping sound followed by shooting pain in my ankle. I continued to run because I was still miles into the middle of the woods of Georgia. Less than two miles later I had turned my ankle twice more because it could no longer support the stress of running on such a challenging surface. After a few days of limping around, the black bruising set in. Fortunately, my injuries were no more severe than a mildly sprained ankle and didn't involve a serious car wreck which is usually what I see as a personal injury attorney.
No less than 20 times I was approached by friends with the same comment, "You know, a sprained ankle can be worse than a broken bone." After about the 4th person said it I wanted to call them Captain Obvious, but they were genuinely concerned so I refrained. Another reason I bit my tongue was because I wasn't really sure, after all, I've made the same comment to others without really doing the research. As it turns out, the answer is "sort of".
The initial trauma to a broken bone is clearly worse than the trauma to tendons and ligaments in what is traditionally called a sprain/strain. The pain; however, is said to be worse in a sprain due to the fact that damage to pain receptors is likely to be greater with a sprain/strain. The time it takes to heal a broken bone is generally longer than that of a sprained ankle, though some claim that some sprains never really heal and remain painful for up to a year or two. Most broken bones take 8 to 12 weeks to heal; whereas the average sprain takes about 4 to 6 weeks to heal.

So why do people say that a sprain is worse than a broken bone and may require surgery to repair? Most likely, because they are loosely calling a torn ligament a sprained ankle; however, there is a difference between the two. A sprained ankle most often involves hyper stretching or micro tearing to the anterior talofibular ligament; whereas, a torn ligament is just that, torn, sometimes completely severed. Technically a mild sprain/strain is a minor tear to the ligament; however, a severely torn ligament is seldom referred to as a severely sprained ankle.

Thus, the answer seems to be in the severity of how sprained a ligament may be. If a severely sprained ligament is completely severed and requires surgical intervention, that would appear much worse than a common broken bone; however, a compound fracture, also requiring surgery would be far worse than a common sprain. If the average broken bone is compared to the average sprained ankle then the broken bones wins, but beyond that it clearly depends on severity of injury. So it seems that common sense is the deciding factor in severity. For that reason, I will remove the sprain versus break conversation from my vocabulary. I think we have all heard it enough.

Every Fall I get excited to watch my alma matter, The University of South Carolina play college football. I usually watch Saturday games on TV but when lucky, I get to make the trip to Columbia for a home game. The experience of going to an SEC football game at William's Brice Stadium is something I enjoyed every weekend during college. To hear the rumble and cheers of the gamecock crowd as "2001" is played will still send a chill down my spine.

Having been in a fraternity during college I know that alcohol is part of many sports fan's experience. As a practicing personal injury attorney, I also know that many fans won't think twice about how much they drink before driving home from the game. Sadly, I have more than one client who has been injured by drunk drivers who were leaving a sporting event when the collision occurred.

It has been estimated that 40% of all sporting event spectators have alcohol in their system when leaving the game. Recent studies also show that at least 8% of these spectators are too drunk to drive. This study should come as no surprise considering previous studies have also shown that tailgating before sporting events results in heavy drinking. Wherein, the degree of binge drinking is comparable to that of New Year's Eve and/or Halloween. The bigger concern with sporting events is that Halloween and New Year's occur once a year; whereas, college football is every weekend for 8 or more weeks. When you look at towns like Charlotte, NC which has several professional teams, virtually every weekend of the year has an increase in drunk driving as a result of the sporting event.

Some college towns have taken a proactive role to reduce the consumption of alcohol during sporting events while other towns have tried to look the other way. Neither approach seems to have made a difference in the amount of alcohol that is consumed. Arguably little can be done to control the amount of alcohol consumed while tailgating. Therefore, some professional arenas have prohibited tailgating after events begin while other events have stopped the sale of alcohol after half time. Both actions clearly reduce the consumption of alcohol and should be commended. However, encouraging designated drivers is something that should also be considered, even providing some type of monetary incentive for taking a taxi for those without a designated driver.

For those going to college or professional sporting events this fall, please have a designated driver before you even leave for the game. If you find that your designated driver is no longer "designated" make sure that you call a taxi. If you're travelling to another town for the game, stay the night or find someplace to go for a meal after the game. Don't gamble with your life or others on the road, it's no way to end an otherwise great day of college sports.

This morning I awoke to a wonderful Fall morning with a coolness to the air that Charlotte has not had in months. Truly I hope that Fall has finally arrived and has brought the wonderful changing of leaves with it. I take my daughter to school in the mornings and today, it was a bit damp. This combination of lower temperature and humidity made it difficult to see out the front windshield without the use of wipers defroster. Fortunately, by the time we arrived at the school drop off, our windshield had cleared.

My daughter goes to a busy public school where morning drop off is a 20 minute (or more) ordeal. All vehicles must move forward at one time; therefore, children are dropped off in waves, the cars move away for another wave of cars who then simultaneously drop off their children. Moving cars and small children running around do not make for the safest atmosphere, but Selwyn Elementary has dpone a great job of ensuring child safety. At Selwyn Elementary a large number of teachers and "safety patrol" help smaller children (like my 5 year old daughter Lily) exit from the car and efficiently and safely move them into the building and onto their classroom.

On this particular morning, it was a 5th grade member of the safety patrol who assisted my daughter from the car. He was cheerful, helpful and polite and took his job very serious. This safety patrol reminded me of my early years as an attorney. A time when I was not much older than most of my clients. Always grateful and always cheerful was something I prided myself on because those whom I represented had little to cheer them up.

As the years have passed, I reflect on how the cases have evolved into more complex and often more saddening. Loved ones trust my firm to represent them when a child has been killed, a loved one was mistreated in a nursing home or a loved one has been horrifically injured on the job and is unable to return to work. The smile I once wore and the cheerful disposition I once had is not always there, in part, because of the level or pressure, stress and how serious I believe I must be based on the person I am representing.

Today, I have been reminded that I too entrust my most prized possessions into the hands and care of someone who remains cheerful during a time when things are stressfully moving about. That his parting words were "thank you", and that he "hopes that I have a great day". To each of my clients who have trusted me throughout the years and continue to do so today, I wish to thank you and hope that you too have the best holiday weekend that you possibly can. I will continue to earn your trust and respect and hope that when I appear too serious or negative, that you will remind me to be safety patrol of the legal world.

According to Medscape, meedical research shows that sleep deprivation can be just as impairing as alcohol. Sleep deprivation, like alcohol affects coordination, impairs judgment and affects response time. Studies have shown that 23% or more drivers admit to falling asleep at the wheel. Therefore, sleep deprivation accounts for between 16 and 60 % of all accidents. Of those collisions, men are twice as likely to have a wreck based on lack of sleep due in part to the increased number of male truck drivers and the increased percentage of sleep deprivation accidents involving truck drivers.

So great is the problem that auto manufacturers are now researching ways to monitor a driver's attention level and have come up with many unique solutions. As a personal injury attorney who has represented many injured people involved in wrecks with fatigued drivers, The need to address the problem is very real; therefore, I have highlighted many of the warning signs that you may be experiencing driver fatigue.

1) Yawning
2) Wandering in lane
3) Daydreaming
4) Wandering over the center lane or edge of the road
5) You cannot remember the last few moments or miles of driving.

If you have experienced such symptoms, please pull off the road in a safe spot and take a brief nap. Even taking a nap for 15 minutes will give the body enough energy to regain attention. Adressing the problem once you recognize the symptoms is important, but prevention is always the best alternative. To prevent driver fatigue, please consider the following:

1) Avoid driving more than two hours without taking a break.
2) If going on a trip, do not work a full day before getting on the road for your trip.
3) Avoid eating large meals with heavy foods while making your journey.
4) Avoid drinking caffeine or do so only as a short bump of energy. Regularly drinking water will help you stay alert longer without crashing.
5) Do not make your seat too comfortable. Driving in an upright position is important to staying mentally focused.
6) When possible, have a passenger with you so that you can carry on a conversation that will assist in keeping you mentally alert.

Watching for the warning signs and taking a few simple steps can increase your level of attention and decrease the chance that you will fall asleep at the wheel. Owning a car with driver fatigue technology will also decrease the chance that you will fall asleep at the wheel. Most importantly, do what you can to get a good night's rest the evening before your journey.

As a North Carolina injury attorney I have negotiated 1000's of claims with insurance adjusters. I have also represented many clients who attempted to negotiate their claim without the assistance of an attorney. Whether or not they negotiate on their own , I have begun to see that Hispanic clients receive lower settlement offers. I have also seen that Hispanic clients who come to me often have had an insurance adjuster deny paying for any of their damages.

Whether official statistics show it or not I believe that there is a problem with how the Hispanic community is treated by insurance companies, in particular the adjusters who are paid to resolve claims. This problem extends far beyond the personal injury claim. This perceived problem extends into other types of insurance, namely homeowners insurance. Two days ago I met with a client whose house was broken into. A considerable amount of money and personal items were stolen from the house. A claim was made with their homeowner's insurance. The insurance company took recorded statements, made the clients sit through an examination under oath taken by an attorney and then the insurance company denied the claim. This client was Hispanic and I know that he was singled out because of his language barrier and simply put, because he may or may not be a legal resident. Not that they know that he is illegal, but because they suspect that he is illegal. He was specifically questioned about whether or not he was a legal resident of the United States. My client is a legal resident, but regardless of his citizenship, it has nothing to do with his claim nor whether he has a valid insurance policy. He was completely outraged by this question and let them know that he would not answer any questions unrelated to his claim for stolen goods. This insurance company quickly used his response as an excuse to deny liability and stated that their reason for doing so was for non-cooperation. Ridiculous!

This particular insurance company has a habit of hiring a specific law firm to intimidate Hispanics. I will not single out the insurance company nor the firm, but needless to say I'm keeping a list of every case I come across that has to do with denial of coverage issues, especially where they are involved. The list is growing and so is my anger.

There is no reason why anyone should be denied coverage, nor any benefits of coverage simply because they are Hispanic. This is outrageous, regardless of whether or not they are here legally which is often the defense to my questions. Do we as a nation value their basic rights regarding injuries less than those who may be of another race or who happened to be born in the United States? I wish this were not true, but I see corporations and individuals treat them as though it is true.

The solution? All who believe there is a problem must do their part to correct what is clearly a wrong. For myself, I will continue to push back on behalf of my clients. I will continue to speak out against what I see is wrong and will continue to keep a list of denied claims until I believe I have enough to go to the North Carolina Insurance Commissioner.

North Carolina has a state law known as the Dram-Shop act. This law is commonly known as social host liability. Social host liability means that you are held responsible for someone's actions when you serve them alcohol to the point of intoxication. Usually, this law is used to hold bars responsible for drunk drivers. As a North Carolina injury attorney I have had numerous Dram-Shop cases and met with a new case today. The application of a Dram-Shop case can be very technical and the purpose of this entry is to give the basic reader the understanding of how it applies so that they may seek proper legal representation when required.

At its' most simple application, when you knew or should have known that someone you served alcohol to was intoxicated when you continued to serve them, their subsequent drunken conduct becomes your responsibility. This frequently applies to when the drunk driver hits the road and causes a collision after leaving a bar that fed them him too much alcohol. Serious injuries , even wrongful death is the sad result of many such reckless actions. We all think of the bar serving too much alcohol, but this also applies to hosting a party at your house and allowing drunken invitees to leave on their own. The message is that if you have a party where alcohol is served, keep an eye on your guests. If they are the slightest bit intoxicated, insist that they call a taxi or be the person who calls the taxi for them.

From the preceding example, one can see that a Dramshop case is strict liability. North Carolina has limited social host strict liability to a one year statute of limitations. Many attorneys are unfamiliar with this shortened limitations period in which to bring an action on their client's behalf. The general public is even less likely to know of this pitfall. Therefore, finding the right attorney as soon as you can is extremely important! Once this year has passed, recovery may become impossible for what may be a tragic injury.

Another reason to seek counsel for alcohol related injuries is because Dramshop cases extend beyond drunk driving. I have had numerous cases involving drunken assaults by bar employees and their patrons. While assault remains a theory with a three year statute of limitations, the ability to bring a Dramshop claim is worth operating under the one year timeframe for numerous strategic reasons that are too many to address in this article. Therefore, knowing a Dramshop case may exist is critical.

Alcohol related injuries inflicted on the unsuspecting cannot be tolerated. Those who allow someone to achieve the level of intoxication should be held responsible for the drunken person's actions because it is the supplier of alcohol that is typically getting paid to serve the intoxicated their alcohol. They have and continue to profit off of intoxication and must be held accountable when this intoxication results in injuries.