Articles Posted in compensatory damages

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workers-rights.jpgYesterday, two state Senators filed a new legislative bill that is designed to take away some very important rights to the working citizens of North Carolina. The new bill adversely changes the existing worker’s compensation laws. Worker’s compensation is the body of law that sets out the rules that apply when someone is injured on the job.

Worker’s compensation benefits only cover lost wages and medical bills. The injured worker is not compensated for pain and suffering, mental or emotional anguish and other damages. In other words, the worker’s right to recover is quite limited under worker’s compensation. When someone is hurt on the job, worker’s compensation is usually the worker’s only remedy under the law. You cannot sue your employer even if your employer recklessly caused you to get hurt.

In some instances, when someone is injured on the job, there is a third person or entity that actually caused the on-the-job injury. For example, if a construction worker is hauling a load of lumber from a lumber company to a job site, and some third person runs a red light, crashes into him, and injures him, then the worker would receive worker’s compensation benefits because he was injured on-the-job, but the third person (the at-fault driver) would also be liable to the injured worker.

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teen driver 1.jpgEvery so often, we have to do things that we would rather not do, if we had the option. For me, going to the dentist every six months to get my teeth cleaned falls into this category. During my dental visit yesterday, my hygienist told me about her son who just turned sixteen. “He now has his driver’s license, and we bought him a Jeep,” she told me with some anxiety in her voice. Having younger children myself, this peeked my curiosity.

She went on to tell me that they had titled the Jeep in her and her husband’s name and added the son to their car insurance policy. At this point, the lawyer in me came alive. “Do you understand that if he gets into a wreck and hurts someone, you could get sued,” I asked? She looked surprised, and said, “you’ve got to be kidding? How?”
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manie kirkconnell.jpgLast Saturday morning, shortly before 3a.m., an intoxicated Jennifer N. Kessler, of Arden, drove her vehicle the wrong way on Interstate 240 in Asheville. As Kessler neared the Brevard Road exit, her vehicle collided head-on into a vehicle operated by Mandie Kirkconnell, 29, of Asheville. Kessler suffered serious injuries, but Ms. Kirkconnell died at the scene. This is the second wrong way collision in Asheville this year.

As a result, authorities have charged Kessler with felony death by vehicle, driving while impaired and reckless driving to endanger. She faces prison time for what she did.

Kirkconnell was a remarkable woman who positively touched every person with whom she came in contact. A devout Christian and a talented musician with an incredible voice, Ms. Kirkconnell was very active in her church at King of Glory Christian Church in Swannanoa as well as at many other churches in the Asheville area, including Relate Church and the Melchizadek House of Prayer.

Kirkconnell’s friends say that in light of her strong faith and belief in the healing power of the love of Christ, she would want everyone to forgive Kessler for her horrible mistake in judgment. A tall order for even those with a strong faith. Those who knew her were clearly blessed if but for the short time she was here.
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Nascar crew chief.jpgFormer Nascar Ultra Motorsports pit crew chief, Timothy Kohuth, 49, pleaded guilty to 2nd Degree Murder last week in Iredell County Superior Court. As a result, he will spend at least the next 9 years in jail. The maximum he could serve is 12 years. The plea deal arises out of the fatal crash Kohuth caused in 2008.

On July 31, 2008, Kohuth drank to the point he was severely intoxicated and then drove a rollback wrecker on Brawley School Road, crossed the center line, and then collided with a vehicle driven by Wesley Worden. The head-on impact killed Mr. Worden instantly and severely injured his wife, Gail.

At the plea deal hearing in court, District Attorney Sarah Kirkman said, “Witnesses said he got out of the truck and a 24-ounce beer fell out of his lap.” After the crash, EMS took Kohuth to the hospital, but he refused to take either a breath or blood test to determine the amount of alcohol in his blood. State Troopers sought and obtained a search warrant and forced Kohuth to submit to a blood test. Approximately six hours after the fatal crash and after receiving a substantial amount of IV fluids, the test showed Kohuth’s blood alcohol level to be .08, the legal limit in North Carolina.
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motorcycle crash near rockingham.jpgOn Saturday afternoon, a pick-up truck driver failed to see an oncoming motorcycle before making a left hand turn and caused a severe collision. The pick-up truck driver, Doris Collins, 70, of Nicole Lane, in Rockingham, North Carolina was headed southbound on U.S. Highway 220 in Richmond County just before the crash.

A motorcycle driven by Doug Franklin, 35, of Greenfield Road, in Hamlet, North Carolina was headed northbound on U.S. 220. Also on the motorcycle was a young juvenile passenger.

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The northbound motorcycle had the right of way, but the southbound truck crossed into the oncoming lane and struck the motorcycle.
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Statesville Truck Wreck.JPGA serious crash closed Interstate 40 for over an hour Monday evening when a westbound Lincoln Town Car crossed the median and went under the rear wheels of an eastbound tractor-trailer. The collision happened just east of the Radio Road bridge that crosses I-40 near Mile Marker 150. Emergency workers and the North Carolina Highway Patrol shut down all 4 lanes of Interstate 40 while they attempted to rescue the occupants of the car.

Statesville Truck - SHP Qns.JPGTrooper Marty Liles of the State Highway Patrol (SHP) investigated the crash and reported that the car, driven by Rashad Whitner, 32 of Hickory, originally went off of the right side of the westbound lanes, re-entered and crossed the westbound lanes, entered the median and went under the median cables, and then entered the eastbound lanes at which time the car went under the rear of the tractor-trailer and was run over by the trailer’s rear axles.
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head on collision.jpgIf you have less than $100,000 in car insurance on your vehicle, you are rolling the dice and risking financial ruin every time you drive your car. In North Carolina, the minimum amount of insurance coverage required by law is $30,000. But what most insurance agents fail to tell you is that unless you purchase more than the minimum limits of coverage, you are really not protecting yourself or your family from irresponsible drivers, particularly younger drivers. Here’s why.

Last week, one of our new clients was on her way home from work, and the traffic in front of her slowed to a stop because a car had stopped to make a left hand turn. She also slowed down and stopped. Ten seconds later, she looked up just in time to see a large SUV barreling down on her. She recalls starting to yell, but the next thing she remembers is waking up in a hospital bed 3 days later. After 2 weeks in the trauma unit and 3 surgeries later, she is trying to figure out how to pay for her hospital bills. Unfortunately, the young girl who did not see her because she was texting and driving has the minimum limits of insurance coverage – this means that the most the young girl’s insurance company will ever pay is $30,000. The client’s medical bills are over $100,000 already, and she still has months of rehab to complete before she can return to work. There is a way to protect yourself from this very real risk.

You should tell your insurance agent that you want to have at least $100,000 in Uninsured Motorist (UM) and Under-Insured Motorist (UIM) coverage. The increase in your premium should be less than $50 every six months. If you are able, you should ideally purchase a $1 Million umbrella policy that also provides you with UM and UIM coverage. This is the best way to make sure that, if you or a loved one is seriously injured in a car accident, you have the insurance coverage to compensate you for your losses, such as medical bills and lost wages.
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darkness to light.gifThe former music minister at St. Eugene’s Catholic Church pleaded guilty yesterday to coercing a 13 year old girl to engage in sexually explicit conduct for the purpose of producing a child porn video. Paul Lawrence Berrell, 29, faces between 15 and 30 years in prison. Hopefully, the Federal District Court Judge who sentences him will give him the maximum prison term.

Unfortunately, sexual abuse of children happens much more often than most people think, and the statistics of child sex abuse are shocking!

According to the advocacy group Darkness to Light, 1 in 4 girls are sexually abused and 1 in 6 boys are sexually abused before they reach age 18. Thirty to forty percent of children are abused by a family member. Another 50% are abused by someone outside of the family that they know and trust. Approximately 40% are abused by an older or larger child whom they know. That leaves only 10% to be abused by a stranger.

Child sexual abuse is the least known epidemic in our society. The biggest thing that you can do to protect your children and prevent this from happening to a child that you know is to get actively involved in the prevention effort. Darkness to Light is a national non-profit organization dedicated to preventing child sexual abuse. If you want to stop child sex abuse, go to their website and get involved.
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Wrong way car.jpgNorth Carolina State Troopers have charged a Brevard man for driving the wrong way on Interstate 26 between Asheville and Hendersonville. The wrong way driver, James Mint Barton, age 65, apparently traveled at least 15 miles in the wrong lanes before he was apprehended by State Troopers. He told Troopers that he was on his way to the Asheville Airport.

Not surprisingly, Troopers charged Barton with Driving While Impaired. Trooper RE Baker stated that Barton was also charged with reckless driving and driving the wrong way on a dual lane highway. Barton ran several cars off the Interstate during his extreme drunk driving, but fortunately no accidents occurred and no one was injured.
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