Pleasant Law Blog (Insurance Claims, Medical Misakes, and Nursing Home Claims)

Threat of Personal Injury from Dog Bites in Fayetteville North Carolina

There have been a number of serious dog bite/attack reports (and related personal injuries) in the Fayetteville, North Carolina area recently.  Often, as one would expect, the dogs involved in these cases are often of a “dangerous breed,” such as pit bull, etc.  People often seem unaware of how dangerous these dogs can be, and do not take adequate safeguards to protect others from their dogs.  Sometimes people believe that because their dogs have good demeanor around their owners, that they don’t pose a threat to others.  While people certainly have the right to own dogs, in order to avoid liability for personal injury to others, they have to do things to protect the public such as install fences, diligently use leashes, etc.  If someone has been bitten or injured by another’s dog, in a personal injury lawsuit special laws on the books can help injured plaintiffs recover.  There are, for example, special laws dealing with attacks by dogs of a breed known to be dangerous (like pit bulls).  Because of these laws, liability for personal injury resulting form a dog attack is increased.  The law in most places also makes it easier for an injured personal injury plaintiff to recover where a dog’s owner knew of dangerous tendencies of the dog or dogs.  If you have been injured through a dog bite/attack, a personal injury attorney or lawyer can help you understand the protections and rights that arise from the dog bite laws in North Carolina.

$1.9 Million Settlement to Man Killed by Drunk Driver

AAJ’s Law Reporter (December 2007) recently reported a $1.9 million dollar settlement to the family of a man killed by a drunk driver who was driving in the course and scope of his employment.  This case shows that the consequences of driving under the influence don’t stop with criminal problems for drunk drivers.  In this case, the defendant was employed by his parents who were also exposed to serious liability for negligently entrusting the vehicle to their son who apparently had a history of drinking and driving.  Also, because the defendant in this case had been entrusted with the car by his parents (who had some knowledge of his drinking propensities), his parents had liability for personal injury and/or wrongful death under the “vicarious liability” theory.  In this case, not only was the defendant drunk driver exposed to potential criminal liability; but his actions also exposed he and his parents, and their business to wrongful death liability.  This case was a Louisiana case, but the size of this personal injury verdict should give parents, business owners, and especially drunk drivers in North Carolina pause as well.

Life Care Plans for Future Care in Personal Injury Cases Add Up

Often in personal injury lawsuits or cases, the cost of continued care is the single biggest part of the damages awarded by a jury, or the amount for which that personal injury case is settled.  For example, an Arizona jury recently awarded a 15 year old Arizona boy and his parents about $9.14 million.  Much of this verdict had to with the seriousness of the traumatic brain injuries suffered by this boy, whose future medical costs were estimated at up to $3.5 million.  Additionally, this boy’s loss of earning capacity was a substantial estimated $2.12 million.  People are often upset by large jury verdicts, but fail to consider the true economic reality that often results from other’s negligence or carelessness in personal injury or wrongful death cases.  These verdicts are not driven by greed or irrationally on the part of lawyers or jurors.  These verdicts are made up, in my opinion, most often of amounts designed to truly and fairly compensate personal injury and wrongful death plaintiffs.  Plaintiffs must back these figures up through the use of testifying experts who understand the cost implications of these personal injuries and the treatment that is expected and necessary.

Auto Accident Insurance (Underinsured Motorist Coverage)