Blog Posts in October, 2014

  • Worker's Compensation Claims & Federal Employees

    Typically, workers' compensation claims in North Carolina are governed by the North Carolina Workers' Compensation Act. However, when the plaintiff is a federal employee their claims are governed by the Federal Employees' Compensation Act. The Federal Act calls for the United States to compensate federal employees for any injury sustained while in the performance of his or her job if that injury ...
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  • Summary Judgment In North Carolina

    An Introduction to Summary Judgment In North Carolina What if there was a way to have certain issues, or even an entire case, decided without having to go through a long trial? "Summary judgment" is a procedural device that offers just that. Summary judgment is a way for the court to dispose of claims that the plaintiff (the party bringing the lawsuit) cannot prove or that the defendant (the party ...
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  • Halloween Masks and the Law

    Is It Legal to Wear a Mask on Halloween? Leaves are changing, the air is getting cooler (at least some days), and Christmas trees are beginning to appear in department stores everywhere. These signs can only mean one thing: Halloween is on its way. That's a good thing, especially for those who love to dress up. Whether you plan to be silly, clever, or scary, there is a certain element of freedom ...
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  • Contributory Negligence

    Contributory Negligence in North Carolina A majority of personal injury claims rest on the legal doctrine of "negligence." North Carolina imposes a duty on every person to use the level of ordinary care that a reasonable and prudent person would use under the same or similar circumstances. When a person fails to use ordinary care that person is considered to be "negligent." " Contributory ...
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  • Civil Lawsuits in North Carolina

    Venue for Civil Lawsuits in North Carolina One of the first things that needs to be decided when initiating a civil action is where to file the lawsuit. Where the lawsuit is filed and litigated is referred to as the "venue." Venue must be proper to avoid having the case transferred to a different county or dismissed outright. North Carolina law states that venue is generally proper in the county ...
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  • Dummit Fradin Hosts 6th District Congressional Candidate Mark Walker

    On Thursday morning, Dummit Fradin's Greensboro office hosted a meet-and-greet for 6th District Congressional Candidate Mark Walker. Mark Walker, a Republican from Greensboro, addressed those in attendance about his decision to run for election despite not having been a career politician. Mr. Walker also spoke about his desire to increase the opportunities available to small businesses by reducing ...
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  • Appreciable Impairment & DWI Law

    Question: "Can I be arrested and convicted of DWI even if my BAC was .08 or less?" The Attorney Replies: Yes, under North Carolina law (N.C.G.S. 20-138.1), a person may be convicted of the criminal offense of Driving While Impaired even if their Blood Alcohol Concentration (BAC) is equal or less than .08. The person may be arrested and convicted under what is known as the 'appreciable impairment' ...
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  • 6 Wrong Reasons to NOT hire a Workers' Compensation Lawyer

    You read that correctly! Seriously. After all of my years of experience and practice, it still surprises me to hear some of the reasons folks have for not getting legal representation. So, here’s a list of the top 5 reasons why people don’t think they should get an attorney: I don’t want to sue my employer . Well, okay. Fair enough, but guess what? This actually isn’t a problem. Why? Because ...
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  • DWI, the Weather, and Your Case.

    Question : I’ve been hearing a lot lately about officers cracking down on drinking and driving during the holidays. I noticed that cold weather makes some electronics and gadgets less reliable, is this true for the breathalyzer tests that police give when they stop someone? The Lawyer’s Reply : It’s certainly not outside the realms of possibility. There are Alco-Sensor devices that are, without a ...
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  • Do I Have A Workers' Compensation Claim?

    Good question. Whenever a workers' compensation claim is started, a qualified workers' compensation attorney has to consider the following two questions: Does this injury qualify for coverage under the North Carolina Workers' Compensation Act? Is this covered (or should it be covered) under the employer's workers' compensation insurance? When it comes to determining whether or not you have a ...
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  • Injured at work? Know Your Rights!

    To be eligible for benefits under the North Carolina Workers' Compensation act, employees must: Prove that they were an employee, That they were injured, and The injury in question was caused by an event that occurred while they were on the job. All of the above requirements sound pretty simple, but injured employees should beware trying to prove these points alone. An experienced workers' ...
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