Negligent Homeowners — Trick or Treat…

Negligent homeowners beware: it’s Halloween and you’re getting visitors. North Carolina premises liability law governs whether you will be held liability for injuries sustained on your property. With Halloween just around the corner, you’ll no doubt be getting lots of guests to your property, whether you like it or not. Most of these guests are small children who will be running through the dark of night toward your front door in hopes of scoring lots of candy. But what happens if they trip and fall along the way?

The Basics of Premises Liability Law in NC

Property owners have a duty to keep their property safe. Negligent homeowners will pay the price for failing to do so, as the rules of negligence in personal injury extend not only to retail property owners, but also to homeowners. In some instances there are conditions which are dangerous or potentially dangerous. If the property owner can not remedy those conditions, there is at the very least a duty to warn your visitors and guests of the dangerous conditions, especially if it’s reasonable to expect visitors.

In addition to the potential for a trick-or-treater falling on your property, you should also beware that Halloween is a time where the family dog may not be so fond of visitors dressed in strange costumes. It’s reasonable to expect dog bites and injuries related to dog attacks to increase during Halloween, and the property owner or dog owner can be held liable for the attack, especially if the dog has a documented history of such behavior.

Am I A Negligent Homeowner?

Each claim against a negligent homeowner in a personal injury matter essentially requires that the components of Negligence are satisfied in order for the plaintiff to successfully prove their case. Those elements are:

  • The homeowner owed a duty to the injured party
  • The duty was breached
  • The breach of that duty gave rise to the injury in question
  • There were damages resulting directly from the injury

There are numerous instances where a homeowner may in fact be negligent; however, if there are no damages resulting from that negligence, there is no claim to be pursued by the other party. For example, a homeowner who fails to maintain his walkway may have breached his duty to his guest. If that guest trips and falls because of this failure to maintain the walkway, the guest is well on their way to having a negligence claim against the property owner. However, consider that in some instances the trip and fall victim lands softly in the grass, gets up, wipes the grass stains off of their pants, and realizes they are not injured. In this case, there is no viable claim for recovery under the principle of Negligence, as the fourth prong of Negligence has not been met: there are no damages (other than a bruised ego from falling in front of friends).

How Long Do I Have To File A Lawsuit?

As with most negligence claims, you have three years from the date of the accident to settle the claim or file a lawsuit. This is known as the statute of limitations. This three-year time frame gives the injured party enough time to realize the full extent of their injuries. It also gives the injured party enough time to receive treatment for those injuries and obtain representation (i.e. get a personal injury lawyer) so that they may recover from the negligent homeowner.

Call A Charlotte Personal Injury Lawyer Today

If you or someone you know was injured at a private residence or in a retail location, call us today for a free case evaluation. You can reach us at 704.749.7747. Or, you can click HERE to request a phone call from an attorney. We hope you’ll choose to Recover With Us.

This post was authored by The Layton Law Firm, a Personal Injury and Consumer Bankruptcy firm in Charlotte, NC.  The Personal Injury work the firm handles ranges from minor traffic accidents and slip and fall cases, to wrongful death and medical malpractice cases. The Bankruptcy work the firm handles is all consumer-related and is a Federal law practice focused on Chapter 7 and Chapter 13 filings for individuals.  Chris Layton, J.D. is the founder of The Layton Law Firm. He holds a B.A. in Journalism from The University of Maryland at College Park and a J.D. from Wake Forest University. For more, visit thelaytonlawfirm.com/.

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Avoiding Scams While Receiving SSD Benefits

Social Security Disability (SSD) benefits were created to help support those who suffer from physical or mental disabilities and are unable to work. Unfortunately, some unscrupulous scammers take advantage of those in need by stealing these benefits.

To avoid becoming the victim of a Social Security Disability scam, it is important to protect your personal information and remain wary of callers who claim to work for the Social Security Administration (SSA) and are asking for your Social Security number or account information. If you suspect that your payments have been stolen, it is important to contact an experienced Social Security Disability attorney who can advise you.

Obtaining Personal Information by Phone

There are, unfortunately, a variety of common scams that target those who receive disability benefits. In most cases, these scams involve someone impersonating a Social Security employee in order to obtain the recipient’s personal information.

For example, perpetrators often call recipients on the phone and pose as agents in order to “verify” the person’s personal information. This includes not only Social Security numbers, but also bank information and birth dates. Once the scammer has this information, he or she may contact the SSA posing as the victim and attempt to change the person’s direct deposit information. In this way, scammers are able to collect thousands of dollars in benefits that rightfully belong to others.

Victims may not even realize that they have been taken advantage of until they have missed numerous payments.

Another phone-based scam targets those who are applying to the Social Security Administration for benefits. In this scheme, according to the Federal Trade Commission, the scammer calls a person and offers to help them complete the disability benefits application process.

However, the victim is told that before the application can be submitted, he or she must provide identifying information, including a Social Security number or bank account number. Social Security Disability recipients are urged to be wary of those calling and purporting to be representatives of the SSA. You should not provide personal information or bank account information over the phone to anyone who you do not know. The Social Security Administration does not call and request sensitive account information over the phone.

Reimbursing the SSA

Sometimes, the SSA miscalculates an individual’s benefits and legitimately overpays those who are receiving disability compensation. Once the SSA realizes the mistake, the administration will send the benefits’ recipient a letter. The SSA often requires the recipients to return a portion of the funds. This is usually done by making deductions from future payments or by having the recipient send a check.

Unfortunately, many SSD recipients don’t know this and when they receive calls from someone purporting to be the SSA, they often send prepaid debit cards upon request to the scammer.

Recipients should be wary of any person who claims to be an employee of the SSA who requests repayment in this manner. Legitimate members of the agency will only require repayment through check or through deductions.

Online Account Scams

Recently, the SSA began using My Social Security Account, which is an online account system that was created to give recipients of disability benefits easy, online access to their Social Security information.

Users may check their earnings records, change their electronic payment methods, check benefit information, and receive an estimate of future benefits. Unfortunately, scammers have begun creating these online accounts for people who do not have one, after which they attempt to change the victim’s direct deposit information so that the disability payment is sent to their own account.

To help combat this type of Social Security disability scam, the SSA suggests that all disability payment recipients register for an account, even if they don’t plan to use it because if someone already has an account, a scammer’s attempt to create one would fail and the account holder’s personal information would remain protected.

Fraudulent emails, designed to look like they are from the SSA, are another common method of identity theft and Social Security disability fraud.

Many of these emails are written by scammers who ask the recipient to update his or her personal information in order to continue receiving benefits. These emails usually include a link to an official-looking website where victims are directed to provide their Social Security numbers and banking information.

This information is then used to collect the person’s benefits or to steal other assets.

Recipients should consider reviewing their online Social Security accounts to keep an eye on the status of their disability benefits and to review their statements. Those who find any discrepancies can contact the SSA before losing more benefits or assets to a scammer.

Text Messages

Scammers do not restrict their methods of contacting potential victims to computers and phone calls. In fact, the SSA has begun receiving a number of reports revealing that scammers have been sending text messages to disability recipients.

The texts direct the recipient to call a certain telephone number where they will receive information about their benefits, a pending claim, or a hearing. The victims are asked to provide personal information, which can be used to steal benefits.

To avoid becoming a victim of a disability benefit texting scam, remember to never provide personal information over the phone or by text message. The SSA never sends unsolicited text messages about disability applications or benefits. If you receive a call requesting information, it is almost definitely a scam.

Social Security representatives may contact you about an application for benefits or call to remind you about a hearing date. But they will never send text messages and won’t ask for personal identifiers.

Call Today to Talk with a Social Security Disability Attorney

If you have received a phone call, text message, or email from someone purporting to be from the SSA, do not hesitate to call your local Social Security office and report the communication to the authorities if the individuals requested personal information. Even people who use the utmost care to protect their information can fall prey to identity theft.

If you have questions about seeking Social Security Disability benefits, please contact us at Hardison & Cochran. Our legal team has the experience and resources to offer guidance about your SSD claim.

This post was authored by NCAJ Leaders Forum member Hardison & Cochran, Attorneys at Law.    The firm’s focus on making things happen and putting the client first has proved successful. From the original office located in Dunn, North Carolina the firm has grown to add offices in Raleigh, Greensboro, Fayetteville, Southern Pines, Durham and Wilmington.

Tips To Prevent Five Common Cycling Injuries

Everything you do in life has risks, and bicycling is no exception. Each year in the United States, more than 500,000 people end up in emergency rooms due to bicycle-related injuries. At Henson Fuerst, bicycle accident law firm, we’ve handled hundreds of cases involving cyclists who were seriously injured on the road.The most common bicycle-related injury we see is head injury, including concussion. A concussion is a form of brain injury, and its effects can range from mild to life-altering. Of all of the trauma related injuries (broken bones, road rash and dislocations), head trauma is the only one that we can prevent – not totally, but significantly. Simply wear a helmet when riding.

Thomas Henson of Henson Fuerst law firm is an avid cyclist and he writes a monthly article for Endurance Magazine. Thomas has seen what these injuries can do to cyclist. His article is informative to all those out there who enjoy cycling – whether you do it for fun or to get some daily exercise, these injuries can happen at anytime.

The article touches on how to prevent the the 5 most common cycling injuries, including:

  • Head Trauma Injuries
  • Overuse Injuries
  • Ulnar Neuropathy
  • Saddle Sores
  • Knee Problems

To read more about how you can prevent these injuries, check out Thomas’ article in this months Endurance Magazine. You can view his article on pg. 10!

If you or a loved one has suffered from serious injuries in a Bicycle Accident that was not your fault, call Henson Fuerst at (866) 677-0420. When you call, you will receive a FREE, confidential consultation with one of our experienced North Carolina Bike Accident attorneys.

At Henson Fuerst, we will investigate every detail of your bike accident at no cost to you and fight hard to protect your rights. You can trust Henson Fuerst to handle every detail of your case so you can focus on your recovery. You will never pay an attorney’s fee up front, and you owe us nothing until we recover for you.

HensonFuerst, PA is a multidisciplinary firm dedicated to protecting the rights of victims in North Carolina.  Established in 1976, the firm exclusively represents those injured as a result of catastrophic personal injury, tractor trailer accidents, medical malpractice, nursing home abuse, workers’ compensation, social security disability, mass torts, defective products, and land condemnation.  For more information, visit www.lawmed.com.

Accidents involving a common carrier

Most Cary residents have been on a bus, in a taxi or on a plane. These transportation options are all considered “common carriers”. But what are common carriers and what duty do they have to their passengers?

A common carrier is an entity whose business is to move people from one location to another for a fee. These can include buses, trains, boats, planes or taxis. If a passenger is injured on one of these vehicles, the company may be liable. Most transportation companies have to follow government regulations when offering their services to the public. They are required to have the highest degree of safety for their passengers. A carrier can be held liable for injuries sustained by a passenger if they failed to follow an established regulation or did not exercise with care and diligence.

If a person is injured on a carrier, there are a number of things they need to prove in order to hold the carrier at fault. First, they need to show that the carrier owed the passenger a duty and that they breached that duty. In addition, the breach of duty then caused the passenger’s injury and if that breach of duty did not occur then the passenger would not have been injured. Finally, the passenger needs to show that they suffered damages in the form of an injury, emotional distress, loss of wages, etc.

If a person believes they were injured on a common carrier as the result of negligence of the carrier, they may want to speak with a legal professional skilled in personal injury. An attorney has the legal expertise necessary to understand what is needed to prove their client’s case. There are many sources of evidence a passenger may use to prove their case. Evidence may include witness reports, expert witness testimony, inspection reports, and videos or pictures. An attorney can gather this evidence and help ensure their client receives the compensation they deserve.

Source: injury.findlaw.com, “What is a common carrier?,” accessed on July 15, 2017

This post was authored by The Law Offices of John M. McCabe, P.A. in Cary, North Carolina ~  Dependable & Aggressive Lawyers Serving All Of North Carolina.   Since 1994, injury victims in the Raleigh area have been able to count on The Law Offices of John M. McCabe, P.A. to pursue the compensation and benefits they deserve in personal injury and workers’ compensation cases.  Whether you were injured in a car accident, on-the-job accident, dog bite, or as a result of a defective product, they will go to bat for the outcome you deserve. To schedule a free initial consultation with an attorney from their firm, please call  919-899-9852 or toll free at 877-320-1851. Their firm has been given the highest ratings for their legal skills and ethics, including being named a Super Lawyer, one of the Best Lawyers in America and one of the top trial lawyers in North Carolina.

The Defendant in Your Case Wants Your Private Information

After you are wronged or badly injured, your health, your money, and your future may all be at stake. You try to do all you can to recover from a bad situation that is not your fault. You fight your fear and call us for help. Then your lawsuit is finally filed and you can begin to think that this important situation might someday come to an end.

Then you receive questions sent by the defendant. We tell you to answer them to the best of your ability. You look at the questions in disbelief. You see that the defendant has asked for information that your co-workers, your friends, or maybe even your mother might not even guess about you!

If you receive these questions, then your case is in discovery. This is the pre-trial procedure that allows you and the defendant to exchange information and evidence in a formal way. We also serve the defendant with discovery. You may see the some of the following types of discovery in your claim:

  • Interrogatories: questions that require written answers.
  • Requests for production: ask for documents that support your answers or are relevant to your claim, like medical records.
  • Depositions: oral questioning under oath
  • Requests for admission: ask to admit or deny statements
  • Subpoenas: ask for a person to produce documents or to testify
  • Requests for medical examinations

The most important rule in discovery is always the simplest one:  tell the truth. As in most things, remember what your parents told you – the truth is what matters. Telling a lie may mean that information that could have stayed out of court – because the other side is trying to catch any untruths or any missing information. They are looking for this because they want to make you look bad at trial.

Can they ask that? Most people are concerned because the questions ask for personal information. Sometimes that information could be:

  • Where you went to school
  • Where you have lived and worked
  • Your past injuries
  • Mental health and other medical treatment
  • Your criminal history and driving record
  • Past lawsuits and settlements
  • Your social media posts
  • Other subjects having to do with your claim

Your lawyer will object and not answer certain questions. Some information is too far in the past to matter and some you may not recall. Some information is simply too much to have to provide, or could even be information that the defendant already has. And you won’t have to provide information that is just between you and your lawyer! That information is privileged. But you should provide all the information you can, even when you think it is not important or none of the defendant’s business.

Rest assured that at every step in discovery we are there to answer your questions. We will be there to help pull information together, to request records, and to prepare you for what is to come. But your lawyer cannot answer the defendant’s questions for you. The answers must be your own.

Copeley Johnson & Groninger PLLC is a law firm focused on representing individuals and their family members who find themselves in circumstances that they never expected.  Their clients include those who have been injured on the job, on the road, and on the premises of businesses and public facilities.  They also help those whose employers have violated their legal rights.  For more on this firm, visit http://www.cjglawfirm.com or call (919) 240-4054.

Navigating the Postconviction Innocence Process

If you or someone you know has been convicted of a felony in North Carolina, but are innocent of the crime, there are two avenues to pursue in the state court system to have your claim evaluated and potentially litigated: by filing a motion for appropriate relief (MAR) in Superior Court or by pursuing relief through the North Carolina Innocence Inquiry Commission (Commission) process.  Before doing either, it is important that you consult an attorney.

In 2006, the Commission was established to investigate postconviction innocence claims that could not be adequately addressed through the traditional postconviction process.  The statute that governs the Commission process can be found here and provides an opportunity for judicial review of cases where evidence of innocence might otherwise be blocked from review because of procedural bars.  It also gives power to an independent State agency to look for evidence that has been declared lost or destroyed.  The Commission staff has been able to find evidence in numerous cases where law enforcement or prosecution stated that the very same evidence could not be located.  This power is critical because oftentimes analysis of physical evidence is the only avenue one can pursue to prove innocence.

It is extremely important to understand that the Commission is a State agency, and its staff, including the attorneys who work there, never represent or advocate for any defendant.  They are merely a fact-finding agency.  Additionally, the Commission does not consider any constitutional claims such as due process violations or ineffective assistance of counsel—it only looks at evidence of innocence.

If you are innocent of the crime for which you were convicted, or believe someone else is, you can contact the North Carolina Center on Actual Innocence.  We have been investigating innocence claims and advocating for innocent men and women in North Carolina for 17 years.  We will evaluate your claim to determine the likelihood of obtaining relief in your case.  If you have a credible claim, we will help you determine whether filing an MAR or applying with the Commission is your best option.  If it is determined that your claim is best suited for the Commission, we can guide you through the process and be there to answer any questions you have along the way.

Cheryl Sullivan is the Senior Staff Attorney at the North Carolina Center on Actual Innocence.  The Center is a 501(c)(3) nonprofit located in Durham, North Carolina that identifies, investigates and litigates credible claims of innocence, obtaining justice for people imprisoned for crimes they did not commit, for the victims of those crimes, and for the actual perpetrators.

An Historic Effort and Righteous Results

When a post comes across the [email] listserv announcing a case-related win of any kind, it feels good to every criminal defense lawyer who is swinging the battle ax day in and day out.  We celebrate with congratulatory replies and if we see that winning attorney in court we high five her.  A win for one is a win for all, and the shared revelry helps each of us keep up the fight.

Over the past several years, many criminal defense section members have quietly secured big wins for federal inmates who were sent to prison during the War of Drugs from the 1980s to the 2000s.  That War, as we all now know, is uniquely responsible for our current reality of mass incarceration.  Former President Obama announced an unprecedented clemency initiative in 2014, focusing on those convicted of drug-related crimes who received crushing mandatory-minimum sentences.

In response to Obama’s initiative, several national bar associations organized and created the nationwide Clemency Project in 2014.  The American Bar Association, the American Civil Liberties Union, Families Against Mandatory Minimums, the Federal and Community Public Defenders and the National Association of Criminal Defense Lawyers (NACDL) all took part in the project.  NCAJ is an affiliate of NACDL.

Calling America a “nation of second chances,” Obama commuted a total of 1,715 sentences by the time he left office.  NCAJ Criminal Defense section members Raymond Tarlton and Elliot Abrams, with the help of the Office of the Federal Public Defender in the Eastern District, successfully reduced the sentences of 6 people.

In one of Abrams’ cases, his client, Tony Taylor, had been sentenced to life in prison for a crack cocaine possession conviction.  Obama’s commutation reduced the sentence to 293 months.  While still an oppressive sentence, Taylor will see freedom in another 10 years.  “I never thought I’d get to see my daughter as a free man; now I will,” Taylor told Abrams.

Section member Jamie Lau, the supervising attorney at Duke’s Wrongful Conviction Clinic, took on several cases so that law students could assist in the clemency initiative.  One heart-swelling success was the case of James Burns, who in 2005 was sentenced to 235 months in prison for selling small amounts of crack cocaine.  Burns headed to federal prison with a release date of 2024.  He was a model prisoner, well-liked by fellow inmates and prison staff.  When his clemency petition was granted, Burns’ prison case manager told Lau that “Mr. Obama has picked himself a deserving one.”  Burns new release date is March 4, 2017.

Dozens of section members worked on petitions for clemency, many of which were not granted.  Even in the cases not granted, however, our members connected with federal inmates and established a relationship that showed, quite simply, that those behind bars are not forgotten.  While not a “win” in the traditional sense, a much-needed extension of compassion still provided hope and emotional sustenance for both the inmate and the attorney who reviewed the case.

The Clemency Project is now closed, but represented the best of what we can be as lawyers:  a diverse group of volunteers from the nation’s bar who together screened the cases of more than 36,000 federal prisoners who asked for assistance.  In total, the Project submitted 2,600 petitions, 705 which were granted.  Obama reinvigorated clemency, and our section members were a part of an extraordinary coalition who embraced Obama’s initiative that yielded results worth celebrating.

 Sonya Pfeiffer, VP of Membership and Chair of the NCAJ Criminal Defense Section, is a partner at Rudolf Widenhouse www.RudolfWidenhouse.com.