Do you have a legal question? Lewis & Keller can provide accurate answers to your legal questions.

Shannon Warf Kovach, Board Certified WC Specialist At Lewis & Keller

You need to tell your manager about the injury right away. Failing to give your employer notice within 30 days of the date of the injury can cause major headaches in obtaining workers’ compensation benefits. When you do give notice, though, make sure you are very specific about the details surrounding the slip and fall in the parking lot. However, I must warn you that slipping in the parking lot of your workplace does not necessarily mean it rises to a compensable claim for workers’ compensation benefits. There are very specific rules for such accidents and there are not enough details in your question to address whether or not any of them are applicable. Please feel free to contact us for a further evaluation.

Shannon Warf Kovach, Board Certified WC Specialist At Lewis & Keller

If your shoulder problems still persist then you need to request that your employer direct you to a treating physician so that you can receive proper medical care. Following initial treatment, your doctor may end up writing you out of work for a period of time or giving you temporary work restrictions. In the case that your employer refuses to send you to a doctor then you have to seriously consider bringing a workers’ compensation claim in order to collect benefits that you deserve. Please call me if you need further assistance.

Shannon Warf Kovach, Board Certified WC Specialist At Lewis & Keller

Immediately notifying your employer about a workplace injury is a great first step! However, making sure that you are getting the appropriate care and compensation is detrimental. Insurance carriers in these types of claims are the ones who direct treatment and sometimes they do not like the recommendations that your doctors make so they give you the runaround. Also, when you are finally released from medical care and have permanent injuries, insurance carriers often offer less money than you otherwise deserve. Depending on the seriousness of your injury, this can be an extremely frustrating and confusing process.

Ultimately, whether you want or need to file a workers’ compensation claim is up to you. However, we are always happy to give you a free consultation about your claim at 877-947-4112.

Mike Lewis, Founding Partner At Lewis & Keller

It’s hard to determine fault without knowing more of the facts and circumstances. Normally, if you are rear-ended, it is extremely likely that it was the other driver’s fault. This is especially true if the other driver was distracted by texting.

However, N.C. is one of only 4 states that still follow a horrible rule called “contributory negligence.” Under this rule, if the defendant can show that you were even 1% at fault, you would not recover anything, not even your medical bills!

[In the other 46 states, if you were 1% at fault, you would still be able to recover 99% of what you should normally get. NC is a really bad place to get hurt!]

So, if you were texting and didn’t pay attention to the green light in your direction, there is a very good chance the defense would claim you were at least partially to blame by not paying attention for your own safety. You should consult with an experienced attorney to help you determine if you do have a valid claim.

Mike Lewis, Founding Partner At Lewis & Keller

In North Carolina, you must prove negligence, that is, the failure to do what a reasonable and prudent person would do, if your claim is going to be successful. The good news is that NC does place a statutory responsibility on landlords to exercise reasonable care for its tenants.

Thus, in order to win, you must be able to prove that the property owner i.e., your landlord) was at fault. Just because you fell on your landlord’s property does not mean that the landlord was negligent. The landlord had to have caused (or failed to prevent) the dangerous condition in some manner.

Further, simply because your landlord’s premises might have been in an unsafe condition does not automatically mean that the landlord was at fault under NC law. You have to show that your landlord knew or should reasonably have known that the premises were in an unsafe condition.

The bad news is that NC is one of only 4 states that still follow a terrible rule known as “contributory negligence.” Under that rule, if the landlord can show that you were even 1% at fault in causing your injuries, you recover absolutely nothing, not even your medical bills! They would certainly claim that you should have known that the boards were dangerous. In short, you should consult with an experienced attorney to determine if you have a viable case based on the particular facts of your fall.

Shannon Warf Kovach, Board Certified WC Specialist At Lewis & Keller

North Carolina law is not generally favorable if you are injured in your employer’s parking lot, but there are some exceptions. First, the parking lot must be owned, possessed or controlled by your employer and not some other person or company.

And second, you must be injured in the “course and scope of your employment,” that is, you must be doing some part of your job.

In 2010, the NC Court of Appeals held that a person who slipped and fell on ice 3 feet from the back door of the office was not entitled to benefits because she had not yet reached the door!

If you fall in your office parking lot, you should consult with an experienced workers compensation attorney to find out if your fall would be covered.

W. Tyler Craft, Attorney At Lewis & Keller

Disability hearings take quite a while to be heard and your odds of winning have decreased in the last few years in North Carolina. Many clients find hiring an attorney to fight for them may help increase the odds of winning their case. A skilled Social Security attorney will help you understand the rules and present your case to the judge in the most favorable light.

The current statistics show that the North Carolina average chance for winning a disability hearing is 48%. Cases are primarily won at a hearing before an Administrative Law Judge. The average hearing wait time for North Carolina is 22.1 months. This is the average length of time it takes to receive a hearing date in front of an Administrative Law Judge. The actual decision on your case then takes several more months. You will receive a notice from the Social Security office to let you know the status of your case. Should you win, it may take several more months to receive your award.

W. Tyler Craft, Attorney At Lewis & Keller

I am sorry for your recent injury and hope that your injuries heal soon. My recommendation would be to give us a call so we can discuss in more detail. When you have a denial of short-term or long-term disability benefits that are employer supplied, then you have 180 days to file an appeal. However, once you file the appeal, the private insurer must generally make a decision within 45 days. Unfortunately, the insurer will often make the decision without obtaining all the records. You want to make sure that you understand why the insurer denied your claim and you want to shore up your case before filing your appeal. An experienced disability attorney can maximize your chances of recovery by building up your case and utilizing favorable case law.

Mike Lewis, Founding Partner At Lewis & Keller

I’m so sorry to hear this is happening to you. I know many times there is an emotional value that owners place on their property. Unfortunately, the government doesn’t take this issue into consideration. In short, the answer to your question is, “No,” but you do have a constitutional right to receive “just compensation” for what is being taken. You may do better by hiring an attorney to guide you through the process and help you receive fair compensation for your property.

It is very unlikely you will be able to prevent the government from taking your land. [The policy reason behind that law is that if it were easy to stop the government from taking your land, we would never get any public projects build.]

Mike Lewis, Founding Partner At Lewis & Keller

Unfortunately, no. You’ve already signed a full release, meaning the insurance company has no further responsibility.

Lea Keller, Managing Partner At Lewis & Keller

Thank you for your inquiry. The pace of the criminal justice process can certainly be frustrating, especially considering your experience of having your case continued fifteen times, which does seem excessive. Unfortunately, criminal defense is not one of our firm’s practice areas, so we are unable to provide guidance as to your potential legal rights concerning the progress of your case.

Lea Keller, Managing Partner At Lewis & Keller

Thank you for your inquiry. Unfortunately, in North Carolina, liability insurance carriers are not required to repair vehicle damage with Original Equipment Manufacturer (OEM) parts. If you choose to use original Lexus parts when repairing your vehicle, you can certainly do so. However, the insurance company will likely only pay an amount for repair that includes after-market parts. This means that you would likely be required to pay out of pocket for the remainder of the repair costs.

If you have any further questions or concerns regarding this auto accident, you are welcome to contact me directly, at 336-714-2887.

Mike Lewis, Founding Partner At Lewis & Keller

Unfortunately, N.C. law does not fully protect the innocent party whose car has been damaged. Recovery is limited to the Fair Market Value of the vehicle immediately before the wreck. Sometimes, as in your situation, the insurance companies want to rely on the NADA book value since it is less than what your vehicle was worth.

NADA value is not conclusively determinative of the Fair Market Value, but it is evidence that a jury would be allowed to consider in deciding what amount you should recover. The main difficulty for you is that unless there is a huge difference between what NADA says and what an independent appraiser would say is the value, it is probably not worth the time and effort to fight with the insurance company.

So, here’s what I would suggest: you can either go to the dealer who sold you the car and see if they will give you a written opinion of the enhanced value, or contact an appraiser, e.g., Lane Murray (336-314-6760) of Carolina Claims Associates, who can help you document that you would be losing money for an accident that was not your fault.

As far as payment for pain and suffering, there is no specific formula for the amount of the award. When I first started practicing law over 40 years ago, it was typical that insurance companies would often pay 2-3 times the amount of the medical bills in soft-tissue injury cases. That is no longer the case. Due to tort reform measures, including one that went into effect in North Carolina on October 1 of last year, insurance companies are far stricter in deciding how much they will pay.

By the same token, there are many types of injuries and claims where the pain and suffering component should be much more than 3X the amount of the bills. An experienced personal injury attorney should be able to help you evaluate the value of your claim. Please call us at 877-970-4447. We’d be delighted to help.

Mike Lewis, Founding Partner At Lewis & Keller

Thank you for your inquiry. It sounds like you and your wife have been going through a very difficult time. Based on the information you provided in your email message, it is my impression that your wife has been hospitalized for psychiatric disorders as well as potential Huntington’s disease. If that is the case, it is possible that your wife’s condition has stabilized in the past week, and the concerns the doctors had concerning her ability to be home alone have abated. My suggestion would be to speak with your wife’s doctors and/or social worker to discuss the change in plan and their reasoning for the change. In any event, unfortunately, I don’t believe this is a situation in which we could provide legal assistance for you. Guardianship issues fall under family law, which is not one of our firm’s practice areas. You may want to contact a family law attorney for his or her opinion on the situation.

There are several family law practices in the Winston-Salem area that we recommend. Gatto Law Offices can be reached at 336-768-2345; Stroud and Panetti can be reached at 336-724-2600; and Morrow Porter Vermitsky and Fowler can be reached at 336-413-9115. Alternatively, you may call the North Carolina State Bar Attorney Referral Service at 800-662-7660 – to obtain contact information for family law practices in your area.

Lea Keller, Managing Partner At Lewis & Keller

Good afternoon,

Thank you for your inquiry. As an animal lover myself, I can certainly understand your concerns regarding your puppy’s eye injury. If your puppy’s eye does not improve, you may want to consider taking her to her regular vet for examination. As you are in Florida and laws differ considerably from state to state, you may wish to contact the lawyer referral service provided by the Florida Bar, at 800-342-8011, to obtain contact information for attorneys in your area who may be able to assist you.

Mike Lewis, Founding Partner At Lewis & Keller

Thanks for your inquiry. We are glad your son is uninjured. One of the essential elements of a basic legal case is “damages.” Some examples are physical injuries, mental distress, lost work time and wages, medical expenses, and the like. Some proof of these damages is also required. Here, thankfully your son was not injured. Further, while you indicate that you are “still a mess over the incident,” there is no indication that you have sought treatment or counseling for the incident or that you have been diagnosed with a psychological condition related to the incident. Put another way, there is no indication from your email that you or your child suffered any damages. So it looks like your case lacks this essential element. All this aside, your desire to keep this from happening to others is commendable. We hope you find this information helpful.

Mike Lewis, Founding Partner At Lewis & Keller

Thanks for your inquiry. Unless the physical damage to the car is well documented and preserved by pictures, police reports, repair bills, etc. you may be trading away potential evidence in your case. So you may want to think twice about this. On the other hand if the damage is well documented and preserved. There may not be a problem. Hope this helps. Our experienced auto accident attorneys would be glad to talk with you about this.

Shannon Warf Kovach, Board Certified WC Specialist At Lewis & Keller

Thank you for your inquiry. Based on the information you provided in your email, it appears that you may have 2 potential claims related to your injury. First, as your injury occurred while you were on the job, you may have a worker’s compensation claim. Second, because your injury happened as the result of an intervening act by another party’s animal, you may have a third-party personal injury claim as well. These two cases may very well be inter-related, as the worker’s compensation carrier may have a right to be reimbursed out of any personal injury recovery you receive for medical bills it has paid. However, with that being said, worker’s compensation claims for federal employees are a special sub-type of case, requiring the assistance of a federal worker’s compensation attorney. Unfortunately, our office does not handle federal worker’s compensation claims, so we would be unable to provide guidance in relation to your particular situation. There are two attorneys that we are aware of who handle federal worker’s compensation claims: Dan Read and Martin Kaplan, both of whom are located in the Raleigh-Durham area. Mr. Read may be contacted at 919-683-1900 and Mr. Kaplan may be reached at 919-247-6051.

Mike Lewis, Founding Partner At Lewis & Keller

Thank you for your inquiry. Yes, you may have a bodily injury claim against the driver who was at fault for the accident. I would recommend that you preserve any evidence related to the accident by taking pictures of your injuries and the damage to your vehicle. It is all right to settle your property damage claim before your bodily injury claim. However, you must be careful not to sign and documents which say “release of all claims” or “release of bodily injury claim.” If you are unsure about a document the insurance company has sent you, please ask an attorney to review it with you. I would like to evaluate your situation in more detail to see if our office can assist you with your bodily injury claim. Please contact me at 336-714-2851 at your convenience.

Mike Lewis, Founding Partner At Lewis & Keller

Thank you for contacting our office to discuss possible legal representation. I am sorry to hear you have experienced problems with your employer. Unfortunately, our office does not handle employment law matters. I would recommend that you contact Gray Newell, LLP in Greensboro. Their firm practices employment law and their contact number is 336-724-0330. Again, thank you for calling our office. Should you ever need help in the area of personal injury, on-the-job injury (workers’ compensation), Social Security disability or bankruptcy, please feel free to contact our firm. Thanks for asking Mike Lewis.