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Search results for “failure to mitigate”

20 results

Scaffold Fall Claims and Immigration Fears

If you were badly hurt on a North Carolina construction site and the boss is blaming you to keep you quiet, the real fight is over fault, paperwork, and whether they can use your immigration status against you.

ARTICLE by Melissa Troutman

I stopped treatment after our Raleigh school-run crash - did I just wreck the claim?

A treatment gap after a Raleigh crash gives the insurer exactly what it wants, especially when the blame and coverage mess already makes the case harder.

ARTICLE by Priya Rao

Ashamed to say it: daycare kids were with me when the light failed

A Durham daycare worker got hit in an intersection with a malfunctioning light, her injuries got worse because safety equipment failed, and now the insurer is calling her treatment unnecessary.

ARTICLE by Wayne Stiltner

Seriously, is chasing the bar worth it after a Greensboro pileup?

A Greensboro factory worker gets buried in a pileup claim, the insurer says he made his injuries worse by not treating fast enough, and the real question is whether the drunk driver's bar and punitive damages make the fight worth it.

ARTICLE by Priya Rao

Two crashes, one wreck, and a surgery denial in Durham

When two separate impacts wreck your car and the workers' comp carrier stalls on surgery, the fight turns into both a fault case and a medical authorization case.

ARTICLE by Sandra McBryde

A $9,500 offer after a Durham interstate blowout crash? Probably not

A gap in treatment can gut the value of a North Carolina injury claim, especially when a commercial insurer is already trying to dodge coverage after a tire-blowout interstate wreck.

ARTICLE by Sandra McBryde

Is a Greensboro hotel parking lot fall claim even worth the hassle?

The police report may say only "slip and fall in parking lot" or there may be no police report at all. What actually matters in North Carolina is whether the hotel or property...

implied consent

A single refusal can cost money, driving privileges, and leverage in a criminal case before you ever get to trial. When police lawfully suspect impaired driving, saying no to a...

Medicare Reimbursement After a Passenger Injury Crash

In North Carolina, an injured passenger usually makes a claim against the at-fault driver's liability coverage, even if that driver is family, and Medicare reimbursement can turn a simple wreck into a mess fast.

ARTICLE by Darius McNeil

one leg stand test

A poor performance on this roadside test can cost plenty: it may help an officer justify an arrest, trigger towing and bond expenses, raise insurance problems, and become part...

Insurance Liability After Borrowing a Friend’s Car

In North Carolina, the car's insurance usually pays first, but that does not mean your own policy, the owner, and even you personally are off the hook.

ARTICLE by Tammy Shuford

ignition interlock device

Not a tracker, and not a machine that proves someone is sober all day long. It is a breath-testing device installed in a vehicle that requires the driver to blow into it before...

Greensboro Uber crash claim feels dead because the driver was "off the clock" - that may be exactly what they want you to believe

An Uber passenger hurt when a car backed across a Greensboro sidewalk can still have a real claim even if the driver's employer denies responsibility and Medicare already paid the bills.

ARTICLE by Sandra McBryde

retrograde extrapolation

A prosecutor's estimate about your alcohol level earlier in time can raise fines, license consequences, and even make the difference between a weaker case and a conviction....

chemical test refusal

It is not the same as refusing roadside balance tests or declining to answer an officer's questions. A chemical test refusal means a person does not submit to an official...

I told the Greensboro adjuster I'm undocumented. Did I ruin my crash case?

After a hydroplaning wreck on I-40 near Gate City Boulevard in Greensboro, the insurance company wants you to think yes - that saying you are undocumented makes your claim...

Is a Raleigh black ice crash claim worth it if they blame me too?

Everyone says "if you were even a little at fault, don't bother," but actually a Raleigh winter crash claim can still be worth pursuing until the facts clearly show you were...

misdemeanor DUI

What trips people up most is that "misdemeanor" does not mean minor. A misdemeanor DUI is a criminal charge for driving while impaired by alcohol, drugs, or another impairing...

Durham crash at a dead traffic light can run out the clock fast

In North Carolina, a wrongful death case belongs to the estate's personal representative, not whoever is grieving the hardest, and waiting until the deadline is brutal.

ARTICLE by Sandra McBryde

What happens if I file comp after a job crash and my boss threatens deportation?

Unlike South Carolina, where worker-status fights can get uglier faster, in North Carolina filing workers' comp after a job crash does not hand your boss some special...