January 31, 2012
Serious automobile accidents can cause a variety of personal injuries. A pinched nerve at C6-C7 is one of the more common. This type of injury can cause pain which radiates into your shoulder down through your arm and can be very painful. If you have sustained a pinched nerve in a North Carolina car accident, contact the Raleigh personal injury attorneys of Maginnis law at 919.480.8526. We will aggressively pursue the personal injury compensation to which you are entitled from the at-fault driver’s automobile insurance company.
The more technical term for a pinched nerve at C6-C7 is cervical radiculopathy. The condition it generally involves the nerve being injured or damaged in some way. It can be the result of a spinal stenosis, a herniated disc, arthritis (degenerating disc), or bone growth, among other things. The primary symptom is pain that radiates from the neck down through the shoulder and arm. Other symptoms include numbness, weakness, and difficulty feeling sensation.
A pinched nerve is typically treated fairly conservatively, although, treatment does depend to a large extent on the cause of the pinched nerve. For example, if a herniated disc is involved, you may still need surgery. In most cases, though, your doctor will prescribe some combination of medications, rest, and maybe physical therapy. The costs of treatment and the pain associated with a pinched nerve can become significant, so if your pain was caused by the negligence of another party, it’s important you retain legal counsel.
Maginnis Law regularly represents personal injury clients in and around the Wake County area, including Raleigh, Durham, Cary, Morrisville, Apex, and Wake Forest. Our automobile accident attorneys provide free consultations to all new clients from our Raleigh office. We also handle personal injury matters on a contingency basis such that you pay no attorneys’ fees unless we recover compensation for you.
If you are suffering through the pain and limitations associated with a pinched nerve, call Maginnis Law at 919.480.8526. You may also send a confidential email inquiry via our contact page. We are able to represent clients with cervical radiculopathy in Wake, Durham, Alamance, Chatham, Orange, Wilson, Johnston, Nash, Cumberland, and the surrounding counties.
January 30, 2012
Complete resolution of a personal injury claim may be thought of in two distinct steps. The first step is, of course, recovery of compensation from the at-fault party or parties. The second step involves disbursement of the recovered compensation to the various parties who may have a claim to reimbursement. Many people do not realize that a personal injury claimant’s attorney may be obligated to disburse settlement proceeds to health care providers, health insurance companies, EMS providers, etc. For retired or active duty military, their claim is likely subject to a TRICARE lien. For assistance with your personal injury claim, or for information regarding the enforceability of TRICARE liens, contact the Raleigh personal injury attorneys of Maginnis Law at 919.480.8526. You may also email inquiries directly to our lawyers via our contact page
TRICARE describes itself as “the health care program serving Uniformed Service members, retirees and their families worldwide.” If you are service member, or a family member of a service member, and are injured due to the fault of a negligent party, the chances are that you will either receive medical treatment directly from a Veterans’ Administration hospital or your bills for private health providers will be paid for by TRICARE. Pursuant to the Federal Medical Recovery Act (32 U.S.C. §§ 2651 – 2653), the federal government is entitled to reimbursement for the value of medical services provided by VA hospitals or amounts paid to private health care providers.
TRICARE liens are not limited by state law. The attorney or injured party should assist TRICARE in recovery of its lien by filling out a Defense Department Form 2527, entitled “Statement of Personal Injury – Possible Third Party Liability.” The Form 2527 should be provided to the Affirmative Claims Recoveries Branch of the Federal Medical Case Recovery Section in the Office of the Staff Judge Advocate for the claimant’s particular branch of the service.
Depending upon the particular facts of your case, TRICARE may choose to accept less than the full amount of its lien. For instance, if you have $50,000.00 worth of medical treatment but the at-fault party only has $30,000.00 of insurance coverage, TRICARE may choose to accept less than the entire $50,000.00 such that you are able to recoup something for pain and suffering. Unlike many liens, such as health care provides’ liens, there is no cap on the amount of TRICARE’s recovery. Also, there is no reduction on the TRICARE lien for reasonable attorneys fees.
To speak with a Maginnis Law attorney regarding your personal injury claim, whether automobile accident or otherwise, contact the firm’s Raleigh office at 919.480.8526. Our civil litigation lawyers regularly represent personal injury claimants in and around the Triangle area, including Raleigh, Durham, Chapel Hill, Apex, Morrisville, Wake Forest, Sanford, Fayetteville, and Cary. We have successfully represented family members of military personnel and handled resolution of TRICARE’s lien.
Maginnis Law provides free consultations and represents all personal injury claimants on a contingency basis. Send us a confidential email using our contact page.
January 25, 2012
In North Carolina residential and commercial construction contracts, it is extremely common for there to be frustration stemming from delays in the performance under the contract. In construction litigation, “time is money” is a true statement, and parties can be held responsible if they have caused delays resulting in monetary loss to the owner, contractor, or sub-contractor. The construction litigation lawyers of Maginnis Law, PLLC are experienced in construction law matters and handle cases in Wake County as well as Johnston, Harnett, and Chatham Counties. Contact the firm at 919.526.0450 or submit a confidential new case inquiry here. Read more
January 24, 2012
Automobile accident personal injuries can range from merely annoying to life changing. Between the costly medical bills, the inability to work, and the physical pain, personal injuries can really disrupt one’s life. That difficulty is compounded when a claimant has to navigate his or her way through the claims process with the at-fault driver’s automobile insurance company. The adjuster’s sole job is to limit the amount the insurance company will have to pay out. If you are frustrated with the process, call the Johnston County personal injury attorneys of Maginnis Law at 919.480.8526. We offer free consultations are available to act as your advocate. Read more
Personal Injury Compensation for Injured Passengers of Drunk Drivers – Representation by Raleigh Automobile Accident Attorney
January 23, 2012
Automobile accidents involving drunk drivers frequently occur at high speeds and cause life altering injuries. For occupants of vehicles struck by the negligent drunk driver, recovering personal injury compensation may not be so difficult. In most cases, they will not have to overcome North Carolina’s harsh contributory negligence rule. However, for passengers of the drunk driver, recovering compensation is an uphill battle against the contributory negligence rule. Most automobile insurance companies will not voluntarily pay compensation to a passenger of a drunk driver without litigation. The Raleigh civil litigation attorneys of Maginnis Law will file a lawsuit on your behalf to prove that you did not act negligently. To speak with one of our lawyers, call 919.480.8526 or send a confidential email using our contact page. Read more
January 18, 2012
In the state of North Carolina, it is illegal to use a cell phone to text or send an e-mail while operating an automobile. The statute is in place for good reason, as collisions involving distracted drivers frequently occur at high speeds and cause serious personal injury. If you or a family member has been injured in a car accident, and have reason to believe the at-fault driver was texting at the time of the collision, contact the Raleigh personal injury attorneys of Maginnis Law at 919.480.8526. Our automobile accident lawyers will diligently investigate your case to prove that the at-fault driver was negligently texting and will aggressively pursue all compensation to which you are entitled. Read more
January 12, 2012
Investing in commercial real estate is a major financial risk, and when tenants fail to pay rent, it can be critical to remove them from the property as quickly as possible. For a variety of reasons, self-help is typically not recommended. Commercial landlords should rely on the North Carolina summary ejectment procedure. The Raleigh civil litigation attorneys of Maginnis Law are familiar with summary ejectment and the typical defenses raised by tenants. We can help remove your non-paying tenant and help recover past due rent and any future lost rent through acceleration clauses. To speak with a Raleigh commercial eviction attorney, contact Maginnis Law at 919.480.8526. The firm also represents select commercial tenants through its small business litigation lawyers. Read more
January 7, 2012
Automobile accidents can cause devastating orthopedic injuries that result in a life time of disability, physical pain, and financial difficulties. One of the more common conditions associated with automobile accidents is sciatica, a group of symptoms which may be caused by a number of diagnoses but which commonly manifests as pain, numbness, and tingling to the legs and feet. If you are suffering orthopedic pain because of someone else’s careless actions, contact the Raleigh personal injury attorneys of Maginnis Law at 919.480.8526 or via email. Read more
January 6, 2012
For our general page on investment property owners, please click here.
North Carolina residential landlords are not entitled to use “self-help” to evict problem tenants. The proper procedures must be followed and this includes the filing of a “Complaint in Summary Ejectment.” The Summary Ejectment procedure typically takes anywhere from thirty (30) to forty-five (45) days but can take much longer if appealed. The Raleigh civil litigation attorneys of Maginnis Law are available to assist you with your Wake County Summary Ejectment action and may be reached at 919.480.8526. The firm may also be email via our contact page. Read more
January 4, 2012
To be successful in any lawsuit, you generally must have a case which fits some valid, applicable “cause of action.” Examples of recognized causes of action include fraud, breach of contract, unfair and deceptive trade practices, and negligence. One of more commonly litigated claims is negligence.
In order to prevail at trial on a negligence claim, or to have a good chance of reaching a settlement, you must be able to establish that the following four elements are present in your case:
(a) The Defendant owed you a duty;
(b) The Defendant breached that duty; and
(c) The Defendant’s breach of that duty proximately caused you to suffer (d) damages. Read more