Attorney Mike Rothrock Advises Enloe High School in Mock Trial Competition

Attorney Mike Rothrock of the law firm Leone Noble & Seate, L.L.P. recently participated as an attorney adviser for Enloe High School in the Wade Edwards High School Mock Trial Competition held in February. The competition is sponsored by the North Carolina Advocates for Justice and is a state-wide educational program that provides students an opportunity to learn about the legal system from legal professionals. Students play the roles of attorneys, witnesses, and bailiffs in the competition as they simulate the real trial of a fictional case in actual courtrooms.


As part of the learning experience, local attorneys volunteer to work alongside teacher coaches and advise student teams as they prepare for the competition in the months prior to the competition date. Regional competitions took place in February in ten cities throughout North Carolina. Enloe High School, located in Raleigh, had two teams that competed in the regional competition held in Durham, North Carolina.

Mr. Rothrock heads up the firm’s personal injury litigation division, but also devotes part of his time and practice to various activities that further public education regarding the legal profession. “I think it’s the responsibility of lawyers to give back to their communities and help educate the public about the legal process and system,” said Mr. Rothrock of his desire to volunteer his time to these types of activities. Two students advised by Mr. Rothrock took “Best Attorney” and “Best Witness” awards in the competition. You can read more about Mike Rothrock at his Litigation Blog.

Leone Noble & Seate is a firm dedicated to defending the rights of those injured on the job or in auto accidents and those looking for a fresh start through bankruptcy. Beth Leone Noble and Jennifer Seate formed Leone Noble & Seate in 2006. Leone Noble & Seate is an AV rated firm by Martindale Hubble. The firm’s offices are at 7100 Six Forks Road in North Raleigh. You can read more about the firm’s pro bono and community service work on its website.

Baby Car Seats

So yea!  My cousin Mike and his lovely wife Lisa just welcomed their first baby, Lyla into the world yesterday (yes, that's the little munchkin in the photo).  Even though she was four weeks early, they were well prepared and had everything already in place for this special day.  It got me to thinking about car baby seats and what a monumental decision that is in choosing something that you are entrusting your child's life to.  So I went to the handy-dandy Consumer Reports website and I am linking a recent article they did on Convertible Car Seats.  In reading the article, I was shocked to see that car accidents are the leading cause of deaths in children under the age of 14.  However, car seats can reduce the chance of fatalities in infants by 71%.  That is huge!!!! So don't let your child be a statistic.  If you are in the enviable position of expecting a little bundle of joy, take the time to research your choices and choose a car seat that will keep your baby well protected. And let me just say.. great job Lisa and Mike!  She is beautiful!!!

I was injured on the job. I have a workmen's comp claim, right?

Well, that depends. The Workers’ Compensation Act covers “injuries by accident arising out of and in the course of employment.” [NCGS 97-2 (6)] While that definition sounds simple enough, it really isn’t. The statute further provides definitions to explain each of the terms of that “simple” definition. First you must have an "accident" which causes an injury. We all generally know what an accident is. But by defining a workers' compensation injury as an injury by accident, it suggests that any injury that occurs during your normal work routine is not covered under the Workers' Compensation Act. That doesn't seem very fair, does it? Well, that's just the half of it.

In addition to the injury having to be caused by an accident, that injury must also arise out of AND in the course of employment. Now what the heck does that mean? To arise out of and in the course of employment, there must be a reasonable relationship between the injury and employment. The injured worker must have been performing some activity that is authorized by the employer or benefits the employer's business in some way.

Now I'll admit, I've overly simplified the explanation of a injury by accident that gives rise to coverage under the Workers' Compensation Act. There has been numerous litigation over the various nuances and interpretations of the law which has resulted in exceptions to the general rule. For this reason, I suggest that you speak with a workers' compensation attorney if you are ever injured on the job. The attorney will be better able to discuss with you whether you indeed have a compensable injury.

Patrice Ray Participates in Community Service Program

Attorney Patrice Ray of the law firm, Leone Noble & Seate, LLP participated in the community service program, Project Grace on Saturday, March 13, 2010. Project Grace was co-sponsored by the Young Lawyers Division and the Aging Committee of the North Carolina Bar Association. Volunteer attorneys and paralegals assisted members of the community with executing Healthcare Power of Attorneys and Living Wills. The program was held at Campbell Law School in Raleigh, North Carolina.


Ms. Ray heads up the firm’s workers’ compensation division but also devotes part of her practice to various pro bono activities to help represent people without the financial means to afford legal representation. She has been recognized in the past for her work with N.C. Legal Aid where she assists victims of domestic violence. Ms. Ray volunteered for Project Grace after recognizing a strong need within her own family to make sure everyone was protected with a Healthcare Power of Attorney and Living Will.

Leone Noble & Seate is a firm dedicated to defending the rights of those injured on the job or in auto accidents and those looking for a fresh start through bankruptcy. The firm recently expanded its practice to offer online legal forms and advice (including Healthcare Powers of Attorney and Living Wills) at competitive rates. Beth Leone Noble and Jennifer Seate formed Leone Noble & Seate in 2006. Leone Noble & Seate is an AV rated firm by Martindale Hubble. The firm’s offices are at 7100 Six Forks Road in North Raleigh.

HELP!! I'M OVERWHELMED!!

Last week, I had the great joy of hosting my family from Pennsylvania who came down to enjoy a game of hockey between the Carolina Hurricanes and the Pittsburgh Penguins. I had 9 drive in Wednesday night and they all crammed into my house. I had another 50 family and friends, (yes, that’s right… 50) drive over from Jacksonville on Thursday. We had time to hang out together at my house, have some awesome food (had to serve good ol’ Carolina BBQ to my Yankee family), and then went on to the hockey game. Now luckily the 50 went back to Jacksonville right after the hockey game, but the other 9 stayed with me through Saturday and it was wonderful… simply wonderful… to hang out with my cousins who are just a ton of fun and who I don’t get to see often enough. But come Saturday morning, boy was I beat! I was sad to see them go, and yet, happy to see them go. In hindsight, I realize how overwhelming the last three days had been. I was going non stop, answering questions, providing answers, getting stuff for people, making sure everyone was comfortable and well fed. Here is an example of an average 5 minutes around all my guests…



Q: “Where do you keep your towels?”
A: “Upstairs linen closet.”

Q: “Is there any more toilet paper?”
A: “Yes, I believe in providing my guests with as much toilet paper as they need.”

Q: “Do you have any potato chips?”
A: “As a matter of fact I do… let me get those for you.”

Q: “What do you call those little flowers poking out already? We never have flowers this early in Pennsylvania.”
A: “Those are called Daffodils and they are a sure sign Spring is just around the corner.”

Q: “I’m cold. Do you have an extra blanket.”
A: “I’m on it…. but I would think being a Northerner this mild North Carolina weather would be perfect for you.”

And so forth, and so on…

Now, to the skeptical reader, it may seem that I am bashing my family. Far from it. They know I adore them. I thought I’d relay this little experience o’mine because being overwhelmed is why many people hire me to represent them after an automobile accident. When they are getting bombarded with questions, asked to provide information, getting slammed left and right by the insurance adjuster, it gets downright daunting to say the least. I’ve said it before, and I’ll say it again… not everyone needs to hire an attorney. But a darn good reason to do so is when you are just feeling overwhelmed and out of your league. There is nothing wrong with asking for a bit of help. Now that I’m thinking about it, maybe I should have told them to find their own towels and toilet paper!!! Next time…

But what about my pain and suffering?

I am often asked by worker’s compensation claimants whether they are entitled to pain and suffering as a result of their work-related injury. They are often dismayed to find out that they are not. Pain and suffering is not a remedy provided for under the Workers’ Compensation Act. The Act provides for payment of medical compensation and bills, some of your lost income, and payment for permanent disability.

Why isn’t pain and suffering provided for by the Workers’ Compensation Act? Well, to answer that question, you would have to look at the legislative history of the Act. Before you roll your eyes and sigh heavily, don’t be alarmed. I am not going to bore you with a history lesson—mostly because it’s been a long day. Basically, the legislature set up the Act to mandate that employers would provide coverage for the medical expenses, partial lost income, and payment for permanent disability. In exchange, the injured worker “agrees” not to sue the employer for his or her injuries. Essentially, rather than having to first prove your employer was negligent prior to recovering any benefits, you only have to prove you were injured while working. Often, that is easier said than done, but I’ll discuss that in a future blogs. Don’t get me wrong. That is not to say that an injured employee cannot sue his or her employer if the injured employee’s injury results from the employer’s negligence. This type of claim is allowed but only in limited circumstances, but I’ll save that discussion for another day.

If you have any questions regarding a potential workers’ compensation claim, even about pain and suffering, please feel free to contact me.

How Hard Have You Been Hit?

We conducted another online poll recently, focusing on the economic slowdown.  We asked visitors, "How have you been affected by the economic slowdown?"

32% - were hit hard and could not pay their bills
54% - needed to cut back a little
14% - reported no change or were better off

How frightening is it that 86% of folks responding have had their lives affected in some way by what has happened with our economy.  And while this was not a formal Rasmussen poll, you could probably say that 8 out of 10 of your friends are hurting right now.

Now I have been in the business of helping automobile accident victims for many, many years.  Almost a year ago, our firm decided to branch out into bankruptcy.  It was actually something we had wanted to do for awhile and seemed like another good way for us to build our practice.  What I did not count on was how heartbreaking it has been to see the suffering that has fallen on good, honest and hardworking people.  Those that file bankruptcy are truly at their wits end and have nowhere else to turn.  After talking with our clients, I have found that most people are in this predicament because they either 1) lost their job, or 2) had no health insurance and got hit with large medical expenses that they could not pay.  The hardest part for us is when we have to deliver the news that the only way to get out of their current situation is, in fact, to file a bankruptcy.  That is such a difficult decision for a family to make.  Alot of who we are is often tied up in our ability to succeed and support ourselves and our family.  This can be a crushing blow to many people.  It is my hope that more people understand that filing bankruptcy does not make you a bad person, it does not make you a failure, and it certainly does not reflect on who you are at the core of your being.  It is merely a way for you to take advantage of laws that were designed to protect people who have fallen on very hard times through no fault of their own.  Are there people that take advantage of the system?  I'm sure there are.  But I have found for the greater part that the people that need bankruptcy help are doing so only as a last resort and only after having worked extremely hard to make it on their own.  If you know someone that has filed bankruptcy, or is thinking about it, be sympathetic as it is probably one of the hardest decisions they have or will face in their lifetime.

Staying Safe... After an Accident

I was driving home from work the other night heading north up Six Forks Road.  As I was approaching the intersection of Six Forks and Strickland, I noticed a disabled vehicle in the middle turn lane.  And I use the term "notice" loosely.  I actually did not see the vehicle until I was probably a car length away from it.  It had no lights on and I caught a fleeting glimpse of movement at the rear of the vehicle which I immediately realized was a person.  I thought to myself, had I needed to turn left onto Strickland and needed to merge over into that turn lane, I probably would not have been able to stop in time from hitting that vehicle (and even worse, the person that was standing to the rear).  It immediately brought to mind a case I handled several years ago when we represented a young man who was tragically killed in just the same circumstances.  His car had become disabled at night while in the roadway.  He called the police and stood at the rear of his vehicle waiting for help to arrive.  Another motorist coming along did not see the young man and hit him, crushing him between both of the vehicles.  Mercifully, he had a quick death but that did not do much to allevaite the suffering left behind to his family and friends.  We toiled and fought to get a decent settlement for the young man's estate, but that is not the purpose of this post.  The purpose is to remind everyone that you are still in danger after you have been in an accident.  Take these steps to ensure your safety continues:

1.  If you can, get your vehicle safely off the roadway and as far away from traffic as possible.  Stay inside your vehicle. It will at least add some protection to you should another vehicle veer off the roadway and hit you.
2.  Call for help as soon as possible.
3.  If it is nighttime, immediately active your emergency flashers to warn oncoming motorists.  It helps to put your flashers on in the day too, but it is imperative you do so at night.
4.  If your vehicle is stuck in a travel lane and you cannot remove it from traffic, do NOT stay in the vehicle and do NOT stand near the vehicle.  Get as far away from traffic as possible and wait for help to arrive.

Hopefully following these few tips will help you if you should be in an accident that strands your vehicle.  Stay safe!!!

Property Damage

We want to provide some information on what you need to know about property damage claims:


If your car can be repaired:

• The insurance company is responsible for the cost of reasonable repairs to your vehicle. This may not be the estimated amount from the repair facility you choose. If the company can have the repairs done at a lower cost, they are allowed to do so and you can pay the difference if you still want to use the repair facility of your choice. If your repair facility gives you a different estimate, have your repair facility call the property damage adjuster directly, as many times the insurance company and the repair facility can work out the difference.

• The insurance company can also run an estimate using after-market parts in the repair of your vehicle as long as the part is equal to the original part in terms of fit, quality, performance and warranty. If you refuse to use after-market parts, you pay the difference.

• The insurance company can deduct depreciation when they allow for an entire paint job or items such as tires and batteries, when the damage was only to a portion of the item and a full paint job wasn’t needed or the tires and batteries were old and near replacement. Depreciation is the decrease in the value of the vehicle or part because of age or wear and tear.

• Once your vehicle is repaired, you can make a depreciation or diminution in value claim against the insurance company. This means you ask the insurance company to pay you the decreased value of what you could have sold your car before the accident to what you can sell your car after the wreck. You will need proof of how much your car depreciated in value to make this claim.

• You should notify the adjuster immediately once your vehicle is repaired, in writing.

• You are entitled to be reimbursed for loss of use of vehicle for the reasonable time it takes to repair your vehicle. The insurance companies will not pay for delays on your part or on the part of the body shop you chose to use. Most insurance companies try to get you in a rental vehicle as soon as possible, but they are not required to put you in a rental; they are only required to reimburse you for the loss of use incurred for a reasonable period of time to repair your car. The rental agency can require you to provide proof of your own insurance as most insurance companies will not pay for the insurance the rental agency requests you pay. If you have your own collision coverage, you are not required to purchase the insurance from the rental agency.

If your car cannot be repaired:

• If the damage to your car is equal to or exceeds the total cost of repair or exceeds 75% of the actual cash value (ACV) of your car, the company can call your vehicle a total loss. They pay you the ACV less any liens against the vehicle. ACV is the market value of your totaled vehicle at the time of the wreck for the condition that it was in.

• You can determine ACV by using the local market price of a comparable vehicle or getting 2 qualified dealers in the area to submit statements of the value of your vehicle.

• The insurance company does not have to provide a rental car if your car is totaled. Most companies do as a courtesy to you.

• You have the right to allow the company to “total your car” and pay you the value less the salvage rights. You can negotiate this amount. This is what a salvage yard would pay for the wrecked vehicle.

REMEMBER:

The insurance company has 30 days to pay the claim, make an offer, deny the claim or assert they are investigating the claim. If you experience any trouble, you do have the right to use your own collision insurance carrier to pay the claim (you will pay a deductible) and then let the two companies fight it out. If you do not have collision insurance, your only recourse is to file suit. Thus we recommend trying to resolve differences if you can!

Uninsured Coverage

In a recent web poll conducted by Leone Noble and Seate, we found that 35% of people have been hit and injured by an uninsured motorist (someone driving a vehicle without carrying liability insurance coverage).  This is a frightening statistic as this could leave many people unprotected if they are injured as a result of someone else's negligence.  North Carolina requires by law for all motorists to carry liability coverage on their vehicle in an amount to equal at least $30,000 per person and $60,000 per accident.  Sometimes people will purchase insurance for their vehicle, and then will let it lapse through non payment of their premiums.  This leaves people out there riding the North Carolina highways with nothing to protect innocent victims.  Luckily, North Carolina does provide for the ability to carry  "uninsured" motorists coverage on your own policy.  This helps to protect you in case you are injured by someone that fails to carry insurance on their vehicle.  At a minimum you should carry $100,000 in uninsured motorists coverage but ideally $1,000,000 would be the best coverage you can get.  Take a moment... review your declaration page... call your insurance agent to discuss.  We are also happy to offer free reviews of your declaration page and offer advice as to whether you are carrying sufficient coverage to protect you and your loved ones against an uninsured driver.  Go to our Online Legal Forms and Advice Store and upload your declaration page.  We will review it free of charge and provide you with advice on your coverage.