November 19, 2012
Nearly all insurance policies contain a clause entitling the insurer to take an examination under oath (EUO) of the insured. In North Carolina, the provision is most commonly invoked in the context of homeowner’s insurance claims. For the vast majority of property damage and personal property claims, the insurer will pay for the loss based upon a sworn statement of loss. However, if the insurer suspects the claim may be barred or limited by the terms of the policy, or that the insured is making a fraudulent claim, it will invoke its right to take an examination under oath. If your insurer has requested to have its lawyer take your EUO, you should contact an attorney immediately. The Raleigh insurance coverage lawyers of Maginnis Law can assist with your examination under oath. To speak with one of our attorneys, call 919.480.8526.
November 19, 2012
The False Claims Act (31 USC 3729, et seq) is an important federal law that creates civil liability for those that defraud the government. A company or individual that submits a false claim for payment to the government can become subject to liability of up to three (3) times any actual damages. Civil penalties of several thousand dollars may also be assessed. Government contractors are the most common defendants in these actions, but employees of the government can also be sued. If suit has been brought against you or your business under the False Claims Act, you should immediately contact an experienced federal litigation attorney. To schedule a free consultation with the lawyers of Maginnis Law, call the firm at 919.526.0450 or 919.480.8526.
The specific provisions of the False Claims Act entitle the government to damages if a defendant:
(1) Knowingly presents a false or fraudulent claim for payment or approval;
(2) Knowingly makes or uses a false record or statement material to a false claim;
(3) Conspires to violate the False Claims Act;
(4) Delivers less than all of any money or property belonging to the government within his possession, custody, or control;
(5) Delivers or makes a document, with the intent to defraud the government, certifying receipt of property of the government without completely knowing the information is true;
(6) Buys property from a government agent who lawfully may not sell such property; or
(7) Makes or uses a false record to avoid or decrease an obligation to pay or transmit property to the government.
It is important to understand that not all False Claim Act cases are brought by the United States Government. Under the Act’s “qui tam” provision, a private citizen, also known as a “whistleblower,” can file an action on behalf of the government. He or she is entitled to share in a portion of any amounts recovered.
False Claims Act litigation often involves large sums of money and should usually be defended with the assistance of counsel. Maginnis Law has attorneys licensed in each federal district court of North Carolina. Our firm offers free consultations to all prospective clients, including businesses and individuals facing liability under the False Claims Act.
To speak with a licensed federal litigation attorney, contact Maginnis Law at 919.526.0450 or send a confidential email inquiry using our contact page. Our firm represents clients throughout North Carolina, including Raleigh, Durham, Fayetteville, Greensboro, Wilmington, Charlotte, and Winston-Salem.
November 12, 2012
Injuries to the leg and knee can make it impossible to earn a living, exercise, or do any number of other daily activities. Among the most common leg injuries are those involving the four knee ligaments: the anterior cruciate ligament (ACL), posterior cruciate ligament (PCL), medial collateral ligament (MCL), and lateral collateral ligament (LCL). Injuries involving these ligaments are often the result of workplace incidents or accidents cause by third parties, such as automobile collisions and slip-and-falls. If you have sustained a knee ligament injury as a result of someone else’s negligence, or a workplace accident, contact the Raleigh personal injury attorneys of Maginnis Law by calling 919.480.8526 or sending a confidential email inquiry using our contact page. Read more
November 9, 2012
Many people assume that back injuries lead to the highest average orthopedic medical bills following an automobile or workplace accident. Statistically, shoulder injuries actually tend to cause even higher medical expenses. If you have experienced a serious shoulder injury, including a torn rotator cuff, you are entitled to fair compensation for temporary and/or permanent disability, whether or not health insurance or a workers’ comp insurer is paying for your medical bills. To discuss your rotator cuff claim with a knowledgeable Raleigh accident attorney, contact Maginnis Law at 919.480.8526 or send a confidential email inquiry using our firm’s contact page.
The rotator cuff is a group of muscles and tendons that help ensure that your arms stay into your shoulder sockets and that they have a wide range of motion. The four tendons of the rotator cuff are the supraspinatus, infraspinatus, teres minor, and subscapularis. Injury to the rotator cuff can make it impossible to perform many basic tasks. Signs that you may have experienced a rotator cuff tear include limited range of motion, pain radiating down the arm, severe pain to the shoulder, and swelling.
The supraspinatus tendon is closest to the top of the shoulder and most rotator cuff tears involve injury to this tendon. Rear-end accidents where the injured driver braces for impact appear to be the most likely to cause rotator cuff tears involving the supraspinatus tendon. How your rotator cuff will be treated by your physicians and surgeon depends upon the severity, including whether it is a “full thickness” tear or “partial thickness” tear. More serious tears may require injections, physical therapy, and/or surgery. There are three different types of surgery: arthroscopic surgery, mini-open repair, and open repair. Arthroscopic rotator cuff surgery is the least invasive and typically causes the least pain after the surgery. Rotator cuff surgeries typically involve debridement (removing loose fragments), subacrominial smoothing (shaving the bone impinging on the supraspinatus tendon), and sewing the edges of the supraspinatus tendon to each other and the humerus.
The personal injury attorneys of Maginnis Law offer free consults to all potential clients with serious shoulder injuries, even those denied by the insurance company. You should know that many insurance adjusters will falsely represent that rotator cuff tears are only “chronic,” and cannot be caused by trauma, such as an auto accident or workplace injury. This is simply incorrect.
During your free consult, you will meet with our lawyers, Edward Maginnis and Shawn Howard, rather than paralegals or “case managers,” and because all injury cases are handled on a contingency fee basis, you do not pay any attorneys’ fees until we recover on your behalf. To discuss your shoulder injury claim or to set up a free consultation, call injury attorney Shawn Howard at 919.480.8526. You can also send a confidential email inquiry regarding the facts of your case by using our contact page. Our firm regularly represents accident injury clients throughout eastern North Carolina, including Raleigh, Durham, Cary, Apex, Chapel Hill, Fayetteville, Greeneville, Sanford, and Wilson.
November 6, 2012
Many orthopedic physicians do not recommend back surgery until they absolutely have to. They tend to treat a surgical operation as a last resort. Often individuals who have to undergo these surgeries are victims of serious automobile or workplace accidents. If you have incurred a permanent spine injury as a result of a car collision, or have filed a workers’ compensation claim relating to a back injury, contact the North Carolina accident attorneys of Maginnis Law. Our lawyers have experience representing clients with serious back and neck injuries and will aggressively represent your interests against the insurance company. To discuss your claim, call the Raleigh injury attorneys of Maginnis Law at 919.480.8526.