Friday, April 30, 2010
Her Last Call On Her New Cell Phone
This is a link to a recent email sent to me showing the horrors of driving and talking on your cell phone at the same time. We posted it on our law firm's website.
Thursday, April 29, 2010
Spring Safety Tips for Drivers
Here is a link to a recent safety tip email blast we sent out to our clients. Read here for Spring Safety Tips for Drivers.
Monday, April 26, 2010
Uninsured/ Underinsured Motorist Coverage (UM/UIM)
This is a two part series giving a basic explanation on Uninsured/ Underinsured Motorist Coverage in North Carolina.
What is UM or UIM?
Uninsured or underinsured motorist coverage can pay for injuries to you and your passengers when there is an accident and the other driver is both legally responsible for the accident and considered "uninsured" or "underinsured." In addition, uninsured and underinsured motorist coverage can pay for injuries to you or any resident relative living in your household, even if your automobile was not involved in the accident.
An uninsured driver is someone who did not have any insurance, had insurance that did not meet state-mandated minimum liability requirements, or was not financially able to pay it. A hit-and-run driver also counts as uninsured as it relates to bodily injury as long as there was an impact with the uninsured vehicle (UMBI). However if you are claiming uninsured motorist property damage, the hit and run driver must be identified before you can recover for uninsured motorist property damage.
An underinsured driver is someone who had insurance but the amount of the insurance was not high enough to pay for the personal injuries or damage caused by the accident. In these situations, UIM can pay you the differences in your underinsured coverage and the at fault automobile liability coverage if your case warrants that amount of damages.
Is It Required?
North Carolina General Statute 20-279.21(b)(3) and (b)(4) requires all licensed drivers to carry Uninsured/Underinsured (UM/UIM) motorist coverage on their insurance policies in an amount at least equal to the highest bodily injury liability coverage on said policy. Unfortunately though if you carry only the minimal liability coverage, you will not likely have UNDERinsured coverage.
Why Would You Want It?
Simply put, you want to be protected. If you get into an accident with someone who is driving without insurance or doesn't have enough of it, you will most likely not get just compensation. With UM/UIM in place, you will have a means to collect damages for your injuries and other expenses incurred.
UM/UIM coverage is usually affordable, especially considering the amount of protection it offers. It could pay your medical bills, lost wages, and pain and suffering. If someone hits you or your car and is legally responsible for the damages, you won't get any money from them if they don't have money to give you. Especially during times when people are struggling economically, many drivers either do not have insurance or do not have enough insurance. If you have UM/UIM, you can get money even if the other driver doesn't have enough.
Next article: How Does UM/UIM Work and How Much Should You Carry?
What is UM or UIM?
Uninsured or underinsured motorist coverage can pay for injuries to you and your passengers when there is an accident and the other driver is both legally responsible for the accident and considered "uninsured" or "underinsured." In addition, uninsured and underinsured motorist coverage can pay for injuries to you or any resident relative living in your household, even if your automobile was not involved in the accident.
An uninsured driver is someone who did not have any insurance, had insurance that did not meet state-mandated minimum liability requirements, or was not financially able to pay it. A hit-and-run driver also counts as uninsured as it relates to bodily injury as long as there was an impact with the uninsured vehicle (UMBI). However if you are claiming uninsured motorist property damage, the hit and run driver must be identified before you can recover for uninsured motorist property damage.
An underinsured driver is someone who had insurance but the amount of the insurance was not high enough to pay for the personal injuries or damage caused by the accident. In these situations, UIM can pay you the differences in your underinsured coverage and the at fault automobile liability coverage if your case warrants that amount of damages.
Is It Required?
North Carolina General Statute 20-279.21(b)(3) and (b)(4) requires all licensed drivers to carry Uninsured/Underinsured (UM/UIM) motorist coverage on their insurance policies in an amount at least equal to the highest bodily injury liability coverage on said policy. Unfortunately though if you carry only the minimal liability coverage, you will not likely have UNDERinsured coverage.
Why Would You Want It?
Simply put, you want to be protected. If you get into an accident with someone who is driving without insurance or doesn't have enough of it, you will most likely not get just compensation. With UM/UIM in place, you will have a means to collect damages for your injuries and other expenses incurred.
UM/UIM coverage is usually affordable, especially considering the amount of protection it offers. It could pay your medical bills, lost wages, and pain and suffering. If someone hits you or your car and is legally responsible for the damages, you won't get any money from them if they don't have money to give you. Especially during times when people are struggling economically, many drivers either do not have insurance or do not have enough insurance. If you have UM/UIM, you can get money even if the other driver doesn't have enough.
Next article: How Does UM/UIM Work and How Much Should You Carry?
Friday, April 23, 2010
Dogs... I Love 'Em!
I am reproducing this Attitudes in Living article I wrote for our last newsletter. It got a lot of response from dog lovers so I thought I'd post it on our blog as well. Not everyone wants to hear about legal stuff all the time!
My husband and I have three Golden Retrievers. Our oldest, Hearsay, is 8 years old and is bad, bad, bad. She loves people so much, that when you come over to our house, she will jump up on you, grab your shirt and pull you down to the ground so she can smother you with dog kisses. I’ve tried for 8 years to break her of that habit, to no avail. She is, however, our athlete in the family and loves to play ball… and more ball… and more ball… and more ball. We have figured the only way to stop her from grabbing shirts is to stuff a ball in her mouth. The cutest thing she does though is that she has to have a stuffed animal (we call it a “Lambie”) stuffed inside her mouth in order to go to sleep. That cuteness makes up for all the badness.
Our next Goldie is Piper. She is 7 years old and if you ever visit us at our office, you are more likely than not to find her up here at work with me. She is the only one of our dogs that is well behaved enough to enter into the professional world. Piper is a momma’s girl and stays pretty close to me, even following me into the stall in the women’s bathroom. Very annoying. But if I am ever sick, she lies beside me in bed and will not leave my side. On those rare occasions, we call her Pipey Nightengale.
The last to round out our trio of fluff is Buckeye. He is 5 years old and is the most gorgeous Golden Retriever you’ve ever seen. However, he is not the brightest of dogs. I call him my little Zoolander because what he doesn’t have in brains, he makes up for in really, really good looks. Buckeye will stare at himself in the mirror and I am sure he is saying to himself, “You are really, really a good looking dog.” Buckeye tries to be smart, but it never quite works out for him. When he is playing outside and doesn’t want to come in when I call him, he will walk over to the bushes and stick his head inside the bushes so he can’t see me. He truly believes if he can’t see me, then I can’t see him and thus he is adequately hidden from me. Never mind the 80 pounds of his butt sticking out in plain view!
I adore my dogs even with their goofy faults. Their love of me, my husband and every other visitor that comes to our house is without bounds. Gildna Radner once said, “I think dogs are the most amazing creatures; they give unconditional love. For me they are the role model for being alive.” Well said.
Our next Goldie is Piper. She is 7 years old and if you ever visit us at our office, you are more likely than not to find her up here at work with me. She is the only one of our dogs that is well behaved enough to enter into the professional world. Piper is a momma’s girl and stays pretty close to me, even following me into the stall in the women’s bathroom. Very annoying. But if I am ever sick, she lies beside me in bed and will not leave my side. On those rare occasions, we call her Pipey Nightengale.
The last to round out our trio of fluff is Buckeye. He is 5 years old and is the most gorgeous Golden Retriever you’ve ever seen. However, he is not the brightest of dogs. I call him my little Zoolander because what he doesn’t have in brains, he makes up for in really, really good looks. Buckeye will stare at himself in the mirror and I am sure he is saying to himself, “You are really, really a good looking dog.” Buckeye tries to be smart, but it never quite works out for him. When he is playing outside and doesn’t want to come in when I call him, he will walk over to the bushes and stick his head inside the bushes so he can’t see me. He truly believes if he can’t see me, then I can’t see him and thus he is adequately hidden from me. Never mind the 80 pounds of his butt sticking out in plain view!
I adore my dogs even with their goofy faults. Their love of me, my husband and every other visitor that comes to our house is without bounds. Gildna Radner once said, “I think dogs are the most amazing creatures; they give unconditional love. For me they are the role model for being alive.” Well said.
Wednesday, April 21, 2010
Prevent Construction Work Zone Accidents
RALEIGH, N.C. (AP) -- Two agencies in North Carolina have begun their annual operation to reduce traffic accidents in work zones across the state.
The N.C. State Highway Patrol and the N.C. Department of Transportation are kicking off Operation Drive Smart 2010. The Highway Patrol will set up enforcement and crack down on excessive speeders in nine work zones from Camden County to Buncombe County.
Troopers will use motorcycles and marked and unmarked patrol vehicles and pay attention to all motorists, including commercial motor vehicle drivers committing serious traffic violations.
According to NCDOT, there were 2,125 work zone crashes resulting in more than 1,200 injuries in 2009. Eleven people were killed.
During Operation Drive Smart 2009, troopers issued more than 500 citations for speed violations in work zones.
The N.C. State Highway Patrol and the N.C. Department of Transportation are kicking off Operation Drive Smart 2010. The Highway Patrol will set up enforcement and crack down on excessive speeders in nine work zones from Camden County to Buncombe County.
Troopers will use motorcycles and marked and unmarked patrol vehicles and pay attention to all motorists, including commercial motor vehicle drivers committing serious traffic violations.
According to NCDOT, there were 2,125 work zone crashes resulting in more than 1,200 injuries in 2009. Eleven people were killed.
During Operation Drive Smart 2009, troopers issued more than 500 citations for speed violations in work zones.
Tuesday, April 13, 2010
Medical Negligence
My mom has been in the hospital since last Thursday evening with a partial bowel obstruction. This is something that has been plaguing her for the past five weeks and finally, we elected to have exploratory surgery done yesterday to try to determine the cause. Obviously, you are always concerned about something going wrong. It made me think that it might be time to do a post about medical malpractice.
If you or a loved one has been the victim of medical negligence, you should always contact an experienced attorney to discuss the facts and determine if there is a claim to pursue. But remember, not all complications are necessarily malpractice. For example, in my mom's surgery, there are risks she faced that were common to all surgical patients (ie, infection). So if she got an infection, it doesn't necessarily mean that the hospital or doctor did something wrong. It could have just been a common risk she faced. On the other hand, say the doctor left a piece of gauze inside of her and that in turn caused the infection, then that very well may be medical negligence. Sometimes the line between negligence and a common risk is very slight and only an attorney can tell whether you have a valid legal claim.
Head Off a Potential Claim or Incident: if you or a loved one is in the hospital, you need to be proactive in assuring that you are being given the best possible care possible. Make sure you ask questions of the doctors and nurses so you understand fully what is going on. Do not hesitate to call the nurse for help if you need it. Insist that the medical personnel be responsive to your needs. Also be aware of the hospital's bill of patient rights which will explain to you in detail the hospital's duties to you. Review the hospital's patient advocacy program. Most hospitals have in place a committee or person(s) in place to address patient grievances or concerns. Most of all... take active participation in your own hospital care.
If you are alone and do not have family to help look after you while you are in the hospital, and you do not feel you are getting the care and concern you need, you can call the Division of Health Services Regulation (DHSR) at (919) 733-7461.
Here is a list of the hospitals in our areas with patient rights information:
Rex Hospital
Wake Medical Center
Duke Health Raleigh Hospital
Duke University Medical Center
Durham Regional Hospital
UNC Hospital
If you or a loved one has been the victim of medical negligence, you should always contact an experienced attorney to discuss the facts and determine if there is a claim to pursue. But remember, not all complications are necessarily malpractice. For example, in my mom's surgery, there are risks she faced that were common to all surgical patients (ie, infection). So if she got an infection, it doesn't necessarily mean that the hospital or doctor did something wrong. It could have just been a common risk she faced. On the other hand, say the doctor left a piece of gauze inside of her and that in turn caused the infection, then that very well may be medical negligence. Sometimes the line between negligence and a common risk is very slight and only an attorney can tell whether you have a valid legal claim.
Head Off a Potential Claim or Incident: if you or a loved one is in the hospital, you need to be proactive in assuring that you are being given the best possible care possible. Make sure you ask questions of the doctors and nurses so you understand fully what is going on. Do not hesitate to call the nurse for help if you need it. Insist that the medical personnel be responsive to your needs. Also be aware of the hospital's bill of patient rights which will explain to you in detail the hospital's duties to you. Review the hospital's patient advocacy program. Most hospitals have in place a committee or person(s) in place to address patient grievances or concerns. Most of all... take active participation in your own hospital care.
If you are alone and do not have family to help look after you while you are in the hospital, and you do not feel you are getting the care and concern you need, you can call the Division of Health Services Regulation (DHSR) at (919) 733-7461.
Here is a list of the hospitals in our areas with patient rights information:
Rex Hospital
Wake Medical Center
Duke Health Raleigh Hospital
Duke University Medical Center
Durham Regional Hospital
UNC Hospital
Friday, April 2, 2010
Can Student Loans Be Discharged in Bankruptcy?
It is a financial fact of life that many people take five years, ten years, or even longer to pay off the debt they incurred to get an education. In fact, the inability to repay student loans is what pushes many people into bankruptcy, in conjunction with other factors like loss of income, uninsured medical bills, exorbitant credit card interest rates and payments, and other misfortunes. If student loans are the primary factor holding someone in debt bondage, can bankruptcy help?
At first glance, the answer appears to be “no”. Student loans (debt incurred for educational expenses backed by a private institutions or governmental agencies) are generally non-dischargeable in bankruptcy. Think of it as a tradeoff: the government lends nearly anyone looking to better him or herself through education money to go to school, but expects to be repaid no matter how dire the person’s situation becomes later in life. The “undue hardship” required to fit into the exception to the rule must be severe; I have heard it said that unless the debtor is on a respirator that is about to be shut off for non-payment of a power bill, it is a waste of time to try.
However, what a debtor usually CAN do is consolidate his or her debts into a Chapter 13 plan and work the repayment of a student loan into the plan, along with his other debts, in an orderly manner without being harassed by the creditor for payment. Any efforts to collect the student loan would stop while the plan is in place (usually five years), and without bankruptcy protection, those efforts can be severe – wage garnishments, tax refund seizures, and the addition of penalties and fees. Any balance remaining on the student loan would have to be paid after the Chapter 13 plan ends, but typically by then other unsecured debts are discharged and the debtor’s income has (hopefully) increased, so that he or she has more income available to afford the student loan payments.
So, the bottom line – bankruptcy cannot get RID of student loans, but by bringing order to the rest of a debtor’s financial condition, it can make them more bearable.
If you or someone you know is in financial distress because of student loans, call our firm for a free consultation, or visit Leone Noble & Seate, LLP to learn more.
At first glance, the answer appears to be “no”. Student loans (debt incurred for educational expenses backed by a private institutions or governmental agencies) are generally non-dischargeable in bankruptcy. Think of it as a tradeoff: the government lends nearly anyone looking to better him or herself through education money to go to school, but expects to be repaid no matter how dire the person’s situation becomes later in life. The “undue hardship” required to fit into the exception to the rule must be severe; I have heard it said that unless the debtor is on a respirator that is about to be shut off for non-payment of a power bill, it is a waste of time to try.
However, what a debtor usually CAN do is consolidate his or her debts into a Chapter 13 plan and work the repayment of a student loan into the plan, along with his other debts, in an orderly manner without being harassed by the creditor for payment. Any efforts to collect the student loan would stop while the plan is in place (usually five years), and without bankruptcy protection, those efforts can be severe – wage garnishments, tax refund seizures, and the addition of penalties and fees. Any balance remaining on the student loan would have to be paid after the Chapter 13 plan ends, but typically by then other unsecured debts are discharged and the debtor’s income has (hopefully) increased, so that he or she has more income available to afford the student loan payments.
So, the bottom line – bankruptcy cannot get RID of student loans, but by bringing order to the rest of a debtor’s financial condition, it can make them more bearable.
If you or someone you know is in financial distress because of student loans, call our firm for a free consultation, or visit Leone Noble & Seate, LLP to learn more.
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