July 28, 2011
North Carolina employment injuries typically must be handled as workers compensation claims. Unless one of a very few exceptions apply, the employee may not bring his or her claim against the employer as a civil lawsuit filed in North Carolina Superior Court. If, however, there is a third party whose negligence caused the personal injury, the employee may file a civil claim against that party directly. Third party actions are most commonly filed when the employee is injured in a car accident while traveling for work related purposes. The personal injury lawyers of Maginnis Law, PLLC are experienced in filing third party actions and can also help you with your separate workers compensation claim.
When appropriate, filing a third party action can be critical to making a full recovery for your automobile accident personal injuries. The types of damages allowed in civil court exceed those available in workers compensation actions. The primary difference is the availability of pain and suffering damages. In many cases a workers compensation claim will simply result in your medical bills being paid; you will not be entitled to any additional recovery. If, however, you file a civil claim for car accident personal injury damages against a third party, they (and their automobile insurance company) will not only be liable for your medical expenses attributable to the car accident but also pain and suffering damages. In many cases, juries award pain and suffering damages which are equal to or greater than the cost of medical treatment, sometimes a multiple of your medical costs.
The personal injury attorneys of Maginnis Law, PLLC are experienced in filing third party actions in employment related car accident cases. Our lawyers offer free consultations for all automobile accident personal injury cases, including work related accidents. The attorneys of Maginnis Law, PLLC accept all car accident personal injury cases on a contingency basis so that you pay no attorneys’ fees until you recover for your injuries.
Maginnis Law, PLLC accepts car accident personal injury cases from Cary, Apex, Clayton, Wake Forest, Morrisville, Durham, Raleigh, and the rest of the Triangle area. Please contact the firm at 919.480.8526 to speak with a personal injury attorney or visit the firm’s website at www.maginnislaw.com. You can submit a new case inquiry by visiting our contact page.
July 26, 2011
North Carolina law requires business and land owners to keep their property safe and secure from dangerous conditions. If you suffer a personal injury because of someone’s failure to remove or protect against such a dangerous condition, you may be able to state a claim under North Carolina premises liability law. The Raleigh attorneys of Maginnis Law, PLLC are experienced in handling premises liability personal injury cases and can litigate your claim all the way through trial if necessary. Read more
Personal Injury Compensation for Back and Neck Soft Tissue Injuries – Strains and Sprains – Following a Car Accident
July 22, 2011
The most common type of personal injury following a North Carolina car accident is a strain or sprain. These so-called soft tissue injuries can occur at any point along your spine but most frequently occur between your neck (cervical) and mid (thoracic) to lower back (lumbar). Very frequently these personal injuries do not cause immediate pain after the car accident. It can take a week or more for the pain to set in. The attorneys of Maginnis Law, PLLC are experienced in representing car accident personal injury clients with soft tissue injuries to their neck and back. Read more
July 18, 2011
Personal injuries suffered by pedestrians struck by moving automobiles are often catastrophic in nature. Unfortunately, it can be more difficult to prove the liability of a car driver for a personal injury caused to someone walking across the street than it is in accidents involving two automobiles. However, with the help of a knowledgeable personal injury attorney at Maginnis Law, PLLC, you may be able to defeat North Carolina’s harsh contributory negligence rule. Read more
July 18, 2011
In public construction projects, subcontractors occasionally have trouble receiving payment from general contractors who blame a failure to pay on the amount of retainage retained by the owner. Retainage is payment withheld on work that has already been satisfactorily completed and accepted by the owner/prime contractor and does not apply to work that has not been completed properly. North Carolina law protects contractors from aggressive withholding of funds due and owing through retainage. Read more
July 15, 2011
If you are injured in an automobile accident while driving a borrowed car, you may be entitled to recover your personal injury damages under multiple automobile insurance policies. The personal injury lawyers of Maginnis Law, PLLC can help you identify those automobile policies and determine the amount of coverage provided by each. Read more
Time Limits In Filing an Automobile Personal Injury Law Suit Under North Carolina’s Statute of Limitations
July 13, 2011
One of the most common questions from personal injury victims following an automobile collision is whether there is a time limit to file suit against the negligent driver. North Carolina’s “statute of limitations” gives most motor vehicle injury victims a time limit of only three years from the date of collision to file suit; failure to do so will often result in losing any right to damages. If you have been injured in a motor vehicle accident, have not settled with the at-fault driver’s insurance company, and are approaching three years from the date of accident, consider calling the personal injury lawyers of Maginnis Law, PLLC. The firm’s attorneys can help ensure that your lawsuit is correctly filed within the time limits. Read more
July 11, 2011
Stachybotrys chartarum, the so-called “black mold,” has increasingly been connected to health complications in those exposed to the toxic mold at home and at work. Symptoms and conditions linked to black mold include: headaches, chronic fatigue, nausea, memory loss, cold-like symptoms, pneumonia, swelling, cramps and joint pain, sinusitis, bronchitis, cancer, multiple chemical sensitivity, bleeding lungs, and even death (particularly because of hemorrhages in infants). If you or a family member has suffered because of exposure to toxic mold, including strains other than stachybotrys (such as aspergillus, chaetomium, and cladosporium), the attorneys of Maginnis Law, PLLC can help. Read more
July 10, 2011
If you are injured in a serious car accident, your damages will often exceed the limits of liability coverage in the at-fault driver’s insurance policy. If this happens, his or her insurance company can “tender” the limits of their policy, and, if the at-fault driver does not have significant personal assets, this may be all you can recover from him or her. In many cases, though, the attorneys of Maginnis Law, PLLC can assist you in making an additional claim under your own automobile insurance policy. Read more
July 7, 2011
After the typical car accident in North Carolina the drivers will speak with one another (and usually a police officer) and exchange automobile insurance information. However, in some cases the at-fault driver will have failed to purchase automobile liability insurance. If this is the case, it may be almost impossible to recover personal injury damages directly from the driver. Fortunately, North Carolina motorists are not without options. They may turn to their own insurance company. Read more