Recovering Personal Injury Compensation for Exposure to Toxic Molds

August 12, 2011

Our blog titled “Employee and Tenant Exposure to Toxic Black Mold” describes some of the damages that a tenant may be entitled to if he or she is injured because of wrongful exposure to toxic mold, including: medical expenses, pain and suffering, lost wages, and rent abatement.  However, before an injured party can state a valid claim for personal injury damages, it must be determined that the mold found in the property is pathogenic (harmful to humans).  The toxic mold attorneys of Maginnis Law, PLLC will help you locate knowledgeable medical and environmental specialists to make this determination, and if your injuries have been caused by exposure to toxic mold, they will aggressively pursue fair personal injury compensation.

Toxic molds are sometimes referred to by environmental and medical professionals as “pathogenic fungi.”  Of the thousands of identified molds, there are only about 25-50 that are consistently referred to as toxic or pathogenic.  Among those are: Read more

Recovering Medical Payments Coverage Following North Carolina Car Accident

August 11, 2011

Automobile insurance policies in North Carolina are required to include several types of coverage, including: third-party liability coverage, underinsured motorist coverage, and uninsured motorist coverage.  An optional coverage available to North Carolina motorists is Medical Payments coverage.  Often referred to as “Med-Pay” coverage, this insurance reimburses you for medical costs resulting from a car accident up to the policy’s stated Medical Payments limit.  It is irrelevant whether or not you caused the collision.  If you have been involved in a North Carolina car accident, the Wake County civil litigation attorneys of Maginnis Law, PLLC can help you recover full reimbursement of your health care costs under your Medical Payments coverage and assist you in obtaining a fair settlement under all other available insurance.

There are a couple of additional points in regard to Medical Payments coverage worth explaining.  First, you are entitled to your Med-Pay coverage after your car accident whether or not you have health insurance.  Even if your health insurance pays 100% of your medical bills, you are still entitled to receive the full costs of those medical bills under your Medical Payments coverage with your automobile insurer.  One might argue this is, in effect, a “double recovery,” but, if so, this is a consequence of you paying premiums for two separate insurances, your health insurance and your Medical Payments insurance.

The second issue worth discussing is who is insured by your Med-Pay coverage.  While your policy likely contains a laundry list of exclusions that may limit coverage, unless one of those exclusions apply, the following persons are insured:  (1) the named insured and his or her spouse (if they live in the same house) (2) any family member residing in the named insured’s residence and (3) anyone else using the vehicle at the time of the car accident.  The personal injury lawyers of Maginnis Law, PLLC can help you determine whether you are covered under a particular policy’s Med-Pay coverage.

Maginnis Law, PLLC, is a Wake County, North Carolina civil litigation law firm servicing Raleigh, Cary, Durham, Apex, Chapel Hill, Morrisville, Clayton, Wake Forest, and the surrounding Triangle area.  We offer free consultations for all personal injury cases, and accept such cases on a contingency basis. You pay no attorneys’ fees unless you recover damages for your personal injuries.

You may contact the Wake County car accident attorneys of Maginnis Law, PLLC at 919.480.8526.  If you would rather contact our civil litigation personal injury lawyers using our website, you can submit a new case inquiry by visiting www.maginnislaw.com/contact.

Recovery Compensation for North Carolina Rear End Car Accident

August 10, 2011

Car accidents can be caused in any number of ways, but the most common type is the rear-end collision.  Even at relatively low speeds, a rear-end car accident can cause long lasting impact on one’s back, neck, and head.  Importantly, the trailing driver is almost always determined to be the at-fault, negligent party in a rear-end collision.  It is very rare for the person driving the rear-ended vehicle to be found at-fault.  If you have been in a rear-end car accident, it is critical that you contact a knowledgeable personal injury attorney.  If hired, the lawyers of Maginnis Law, PLLC will work closely with you to maximize the value of your claim.

After your rear-end collision, it is likely that you will receive a call from the at-fault driver’s automobile insurance company.  In such “clear liability” situations as a rear-end car accident, the insurer typically wants to “get out” fast and cheap.   You should usually resist the urge to take the quick money.  Such offers rarely fully compensate the injured party for his or her medical expenses, lost wages, disability, and pain and suffering.  In most situations your recovery will be higher if you hire a personal injury lawyer and wait to settle your case until all relevant medical treatment has been completed.

The car accident attorneys of Maginnis Law, PLLC service Raleigh, Cary, Durham, Apex, Morrisville, Clayton, Chapel Hill, and Wake Forest.  Maginnis Law, PLLC accepts all automobile accident cases, including rear-end cases, on a contingency basis.  You pay no attorneys’ fees unless you recover damages for your personal injuries. We also offer free consultations.

You may contact the Wake County civil litigation personal injury attorneys of Maginnis Law, PLLC at 919.480.8526.  If you would rather contact our car accident personal injury lawyers using our website, you can submit a new case inquiry by visiting www.maginnislaw.com/contact.

Recovering Personal Injury Compensation for North Carolina Car Accident Caused by Drunk Driver

August 10, 2011

Car accident personal injuries caused by a drunk driver are both devastating and frustrating.  Devastating because drunk drivers are typically slow to react and apply their brakes, thus causing high speed, violent collisions; frustrating because the car accident could have been avoided by the drunk driver simply calling a friend or putting down his or her glass.  If you or a family member is injured because of a negligent drunk driver, contact the personal injury lawyers of Maginnis Law, PLLC. Our attorneys can assist through every step of recovering fair compensation for your personal injuries, including negotiating and, if necessary, litigating your claim.

Following an automobile accident with a drunk driver, it is important that you contact a personal injury attorney.  Litigating automobile collisions caused by a drunk driver is often more complex than litigating a typical car accident case, because there are sometimes two or more sources that will have to contribute to your final settlement.  In the average car accident personal injury case, your attorney will solely (or primarily) pursue compensation from the at-fault driver’s automobile liability insurance company.  However, in a car accident case involving a drunk driver, you may also have valid claims under North Carolina’s “Dram Shop” laws or under a “Social Host Liability” theory.  These theories can allow recovery against a bar or party host that provided alcohol to a visibly intoxicated at-fault driver while knowing that he or she intended to operate their vehicle.  Proving such theories requires particular evidence that is typically easiest to discover in the days and weeks following the collision which is why it is important to immediately contact a lawyer.

The lawyers of Maginnis Law, PLLC offer free consultations for all drunk driver car accident personal injury cases in Raleigh, Durham, Chapel Hill, Cary, Apex, Clayton, Morrisville, and Wake Forest.  It accepts such cases on a contingency basis.  You pay no attorneys’ fees unless you recover for your personal injuries. 

If you or a family member has been injured in car accident caused by a drunk driver in Alamance County, Durham County, Orange County, or Wake County, please contact the car accident attorneys of Maginnis Law, PLLC at 919.480.8526, or you may submit a new case inquiry by going to our contact page.

 

Recovering Personal Injury Compensation for North Carolina Car Accident Whiplash Injuries

August 3, 2011

If you have been involved in a high speed car or truck accident and are experiencing significant neck pain, you may have been diagnosed by your doctors with “whiplash” or “whiplash syndrome.”  These terms are used to describe a type of car accident neck injury that regularly results from rear-end automobile collisions. Such car collisions frequently cause one’s head to be violently thrown forward and then backward.  This sudden unexpected motion stretches your cervical (neck) muscles past their normal limits, causing temporary and/or permanent injury.  The car accident attorneys of Maginnis Law, PLLC are experienced in representing clients with whiplash injuries in civil matters, and they can help you recover financial compensation from the at-fault driver’s automobile insurance company. Read more

Personal Injury Compensation for Car Accident Head Injuries Including Concussions and Brain Contusions

August 2, 2011

The strong force of high speed car and truck accidents can lead to serious head injuries, including concussions and brain contusions.  In some cases, these injuries can cause permanent impairments and disabilities that affect one’s day-to-day activities and overall quality of life.  If you are suffering from an automobile accident concussion or brain contusion, it is important that you contact a competent personal injury lawyer to protect your rights.  The personal injury attorneys of Maginnis Law, PLLC are experienced in representing clients with car accident head injuries and can help you recover fair compensation for your concussion or brain contusion.

Concussions and brain contusions are both classified as a “Traumatic Brain Injury” (TBI).  However, the two injuries differ in that a brain contusion is more localized; it is more like a bruise to a specific portion of the brain.  A concussion, on the other hand, is like a jolt or injury to the entire brain.  Unlike a brain contusion, a concussion is not typically visible to a neurologist just by reviewing a MRI or CT Scan, it must be diagnosed by reviewing a patient’s total symptomology.

There are several indicators that you could have suffered a concussion or brain contusion, and they include:

  • Headache or a feeling of pressure in the head
  • Temporary loss of consciousness
  • Confusion or feeling as if in a fog
  • Amnesia surrounding the traumatic event
  • Dizziness or “seeing stars”
  • Ringing in the ears
  • Difficulty with motor coordination
  • Loss of ability to understand or express speech
  • Nausea or vomiting
  • Insomnia
  • Fatigue
  • Attention problems
  • Emotional disturbances

You may experience some of these symptoms immediately or they may be delayed for days after the automobile accident.  If you do experience one or more of these head injury symptoms, you should consult a neurologist for an evaluation and treatment of your injury.  While seeking medical treatment should always be your primary concern after suffering a car accident concussion or brain contusion, you should also contact a skilled personal injury lawyer.  Your personal injury attorney will work to protect your right to compensation for damages you have sustained and for those damages you may suffer over time.

The car accident attorneys of Maginnis Law, PLLC service Raleigh, Cary, Durham, Apex, Morrisville, Clayton, Chapel Hill, and Wake Forest.  Maginnis Law, PLLC accepts all automobile accident head injury cases, including concussions and brain contusions, on a contingency basis.  You pay no attorneys’ fees unless you recover damages for your personal injuries. We also offer free consultations for all car accident personal injury cases.

You may contact the Wake County personal injury attorneys of Maginnis Law, PLLC at 919.480.8526. If you would rather contact our car accident personal injury lawyers using our website, you can submit a new case inquiry by visiting www.maginnislaw.com/contact.

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