Recent Blog Posts in 2010

On Monday, September 6^th, it was reported that child star Rodney Allen Rippy was involved in a dirt bike accident in North Carolina.  Following the accident, it was revealed that he was in the hospital in critical condition.

Rippy, who is well-known for his small role in Mel Brooks' 1974 film, Blazing Saddles, refused to get medical treatment after his accident.  Reports say that the actor was thrown 10 feet into the air and finally admitted himself into a hospital on Wednesday after experiencing problems with breathing.

Doctors who examined the 42-year-old said that he suffered broken ribs and a punctured lung.  He currently remains in the hospital's trauma unit.

Were you involved in a bike accident that left you with serious and painful injuries?  If you said "yes", your best option is to seek the assistance of a Raleigh personal injury lawyer.  To get help you desire from an attorney, contact the Whitley Law Firm now.

Read Story: http://www.contactmusic.com/news.nsf/story/rippy-hospitalised-after-dirt-biking-accident_1164896

On Wednesday evening in Indiana, an extra suffered a brain injury while sitting on of the set of Transformers 3.  Gabriela Cedillo was sitting in her car when debris from a nearby stunt crashed through her windshield and caused her to suffer a serious head injury.

According to reports, the 24-year-old bank teller was given $25 to use her own car during the film shoot.  Another extra said that Cedillo's, "vehicle was being towed by another vehicle."  He went on to say, "The cable between the two vehicles broke.  It whipped around and sliced through the woman's car and sliced through her skull, apparently."

If you were involved in an accident that led to you suffering a serious injury, such as a brain injury, you should obtain legal representation immediately as you may be able to secure monetary damages for your injuries, pain and suffering.  To learn more, contact the Whitley Law Firm and discuss your case with a Raleigh personal injury attorney!

Read Story:  http://www.associatedcontent.com/article/5763588/freak_accident_on_the_set_of_transformers_pg2.html?cat=40

According to the Associated Press, a jury has determined that a lawyer from Sandy Springs and a nursing home operator should pay the family of a man who died $43.5 million.  The man, 80-year-old Morris Ellison, died at a nursing home facility in Atlanta.

Reports from the Atlanta Journal-Constitution revealed that the verdict against 62-year-old George D. Houser was handed down on Friday after a wrongful death claim was filed.

The payment derived from the claim is meant to go toward the estate of Ellison.  His daughter, Loretta Terhune, filed a wrongful death claim in 2007 alleging that negligent care led to the death of her father while he stayed at the facility.  In the claim, it is revealed that the facility had been cited for repeated violations.

Earlier this week, Houser filed for bankruptcy and listed total assets of between $20 and $100 million.  He also faces federal charges filed in April that accuse him of defrauding Medicare and Medicaid of more than $30 million.

If you're planning to file a wrongful death claim in Raleigh, get the legal help you deserve by contacting our law office and consulting with a Raleigh personal injury lawyer.

Read Story:  http://www.wtvm.com/Global/story.asp?S=13100116

According to a recent report released by Allstate Insurance Co., Fayetteville, North Carolina is one of the safest cities for drivers.

In the report, Fayetteville ranked 40^th among the 200 largest cities for statistics gathered about the frequency of car accidents in the 2010 Allstate America's Best Driver's Report.

An Allstate spokesperson also said that Fayetteville ranked the third safest in North Carolina.  Winston-Salem ranked 14^th and Cary ranked 19^th.   This is the sixth year that Allstate has released the report after analyzing claims filed with the company.

Actuaries from the company looked at vehicle property damage claims that were frilled from January 2007 and December 2008 to determine how often a driver is likely to be involved in an auto accident.  The report indicates that drivers in the city of Fayetteville are likely to be involved in an accident once every 10.7 years. 

Were you involved in an auto accident in Raleigh?  If so, contact the Whitley Law Firm and discuss your case with a Raleigh personal injury lawyer now!

Read Story:  http://insurancenewsnet.com/article.aspx?id=223256&type=newswires

It is a well-known fact that slip and fall accidents can happen when people are visiting all sorts of places. From walking on public sidewalks, to visiting a local grocery store, to frequenting private establishments, slip and fall accidents can occur within seconds at any place, anytime.

Once a slip and fall accident has occurred, victims may develop serious injuries such as head injuries or even brain injuries.  These serious injuries may be revealed immediately following the slip and fall or become apparent days, weeks or even months after the fact.  For this reason, slip and fall accidents should never be taken lightly and slip and fall victims should always seek an immediate appointment with their doctors. 

Any delay in getting medical attention can lead to victims' medical conditions getting worse.  Additionally, any delay in getting appropriate legal representation may jeopardize victims' personal injury claims because the chances that evidence or witnesses may become compromised will only increase.

If you have been involved in a slip and fall accident in North Carolina, do not wait to get legal help from a Raleigh personal injury attorney.  Contact the Whitley Law Firm now!

In Greencastle, PA, it is reported that on Thursday morning a woman died after a dump truck backed over her motorcycle.  48-year-old Vickie Morrison had been riding her bike near the 200 block of Commerce Avenue when the accident occurred at 7:32 AM.

38-year-old Clifford Sims was operating a dump truck that was traveling westbound on Commerce Ave and missed the left entrance into a construction site said a Pennsylvania State Police Trooper.  Sims stopped and checked his nearest and then put his truck into reverse without knowing that Morrison was driving right behind him.

Sims said that he did not see Morrison while he was backing up, but he realized he had run over something.  He got out of the truck and saw that Morrison and her bike were trapped beneath.  The Franklin County coroner arrived at the scene of the accident remains at the back of the dump truck, which was shielded by an orange curtain.

It is reported that authorities remained at the scene of the truck accident for over four hours.  At this time, police say the investigation will continue.

If you have been involved in a serious truck accident in North Carolina, get help from a Raleigh personal injury lawyer by contacting the Whitley Law Firm.

Read Story:  http://www.herald-mail.com/?cmd=displaystory&story_id=251685

Many people do not realize this, but when parents have wrongfully lost their children they are allowed to file a wrongful death claim in the State of North Carolina. In order to file a wrongful death lawsuit, parents will need to prove that their children's deaths resulted from negligence or recklessness and that because of the deaths they have suffered injuries.  For example, parents may have incurred medical bills or may suffer from loss of companionship.

Damages Available
 it is important to know that every wrongful death case is unique and the laws regarding what parents may be compensated for vary state to state.  Generally, parents can recover monetary compensation for injuries related to:  medical expenses, feral expenses, loss of companionship and love, mental anguish, funeral and burial expenses and pain and suffering.

If you have wrongfully lost your child, the Whitley Law Firm understands your pain. Contact us now to set up a case of valuation with a Raleigh personal injury lawyer who can get you the compensation you deserve for the loss of your child.

On Wednesday evening of this week, it was reported that the owner of a Bullmastiff was cited by law enforcement after his dog bit a four-year-old boy.  The boy was bit in the face and had to be taken to a local hospital.

According to police, the boy had wandered into a friend's house located at 17^th and Q streets.  At that time, his parents were looking at a car that was in the driveway which they were considering for purchase. The child entered the home even though he was told not to.

Police said that the boy would likely need stitches in his face.  Following the incident, the dog was impounded by the Nebraska Humane Society as a precaution.

The owner of the dog, 37-year-old Jeffrey Gundersen, with cited by officers for not having proof of registration or proof of vaccinations.

If you are the victim of a dog bite in Raleigh, contact our law office and discuss your case with a Raleigh personal injury attorney.

Read Story Here:  http://www.wowt.com/news/headlines/101043084.html?ref=084

The following are statistics reported by the National Highway Traffic Safety Administration:

In the United States, there are more than 6 million auto accidents annually.

Every 12 minutes, a person dies while involved in a car accident and it is reported that each year these collisions killed 40,000 people.

The number one cause of death for people who are between the ages of 2 and 34 years is motor vehicle accidents.

Every 14 seconds, someone is injured during a vehicle crash. Approximately 2,000,000 people are injured during car accidents on an annual basis.

One of the most common causes of lethal car accidents is speeding.

Approximately 2,000 children die each year from injuries they sustained during car accident.

The leading cause of acquired disability in the United States is car accidents.

Have you been injured during a car accident in North Carolina? Contact the Whitley Law Firm to get help from a Raleigh personal injury lawyer.

Each day, people go to work and perform their job-related duties to earn a living.  When people go to their places of employment the very last thing on their minds is getting hurt on the job. Unfortunately, people suffer injuries in the workplace each and every day.

According to the worker's compensation laws in the United States, any time employees have suffered injury while performing their jobs, their employers are supposed to pay them worker's compensation benefits. These benefits are meant to make up for people's lost wages while they recover from their serious job-related injuries.

No matter what field you may work in, there is a chance that you may be injured on the job. If you suffered an injury and did not get paid worker's compensation benefits and you spoke with your employer about receiving benefits, it may be a wise idea to consult with a personal injury lawyer. This is especially true if your employer denied you worker's compensation outright.

At the Whitley Law Firm, we work with those who are in need of worker's compensation benefits or who have been denied benefits. To get the legal help you need, contact our legal team and speak with a Raleigh personal injury lawyer now.  We can help you get the compensation you need for your lost wages from missed work and your medical expenses.

There are numerous reasons why trucking accidents are so dangerous. The first reason that trucking accidents are so catastrophic in nature is that trucks weigh thousands upon thousands of pounds. Most trucks that are used for commercial purposes weigh tons and are quite massive in size.  These vehicles can easily destroy smaller cars, trucks and vans.

The second reason that accidents involving trucks are so lethal that trucks take a longer time to reach a complete stop.  This means that when trucks collide with motor vehicles, the smaller cars will have to sustain the full impact of the collision. Often times, people who have been hit by trucks suffer painful and permanent injuries and their vehicles are demolished.

Regardless of what causes trucking accidents, one thing remains certain and that is people can incur debilitating injuries or even be wrongfully killed.

If you or someone you love has been hit by a truck and you believe that negligence was involved, now is the best time to discuss your case and monetary damages with a Raleigh personal injury attorney the Whitley Law Firm. To set up an initial consultation contact our legal team today.

If you are an avid biker there are a few things you can do to protect yourself. Below, we have provided some biking safety tips:

If you ride your bicycle at night you should get a front headlight.  By having a headlight, drivers will be able to see you when you are riding during the evening hours.

If you are worried that drivers of motor vehicles will not see you, you may want to get a horn. Whenever a car is approaching you, you can alert them of your presence by honking.

Sometimes, you will not be able to make eye contact with a driver, so you should slow down.  This may prevent a collision. You may think that it is inconvenient, but taking this step may prevent a serious bicycle accident and related injuries.

Were you involved in a serious accident in North Carolina? If so, now is the time to speak with a Raleigh personal injury lawyer. To set up a consultation, contact our law office today.

On Thursday morning in Burke County, North Carolina, it is reported that a man who had survived a traffic accident was killed following his collision.  Reports indicate that the 41 year old John Franklin had went looking for his lost cell phone and was killed after being hit by a truck.

The fatal truck accident occurred at around 3:00 AM in the eastbound lanes of I-40.  Franklin was from Tennessee and had been traveling eastbound on I-40 when he hit a guardrail and flipped his motor vehicle.  After his vehicle flipped, another driver stopped to assist him and told police that Franklin appeared uninjured.

The driver told officers that Franklin walked onto I-40 to look for his phone.  That is when he was hit and killed by the driver of a 1999 Ford F-150, which was heading eastbound.

At this time, the case is expected to be turned over to the district attorney's office.  The office will investigate the accident to see if charges should be filed against the driver of the truck.

Read full story here:  http://www.wbtv.com/Global/story.asp?S=12930743

Involved in a serious trucking accident?  If so, talk with a Raleigh personal injury attorney today by contacting the Whitley Law Firm.

A new study is reporting that soldiers who have suffered traumatic brain injuries (TBI) have a higher risk of epilepsy decades after they sustained their injuries.  On July 20, 2010, the print issue of Neurology (a medical journal of the American Academy of Neurology) published the research study.

The author of the study, Jordan Grafman, PhD, said, "Given the better chances of survival in soldiers fighting in conflicts today, our research suggests that all veterans with a traumatic brain injury should be routinely screened for post-traumatic epilepsy, even decades after the injury."  Dr. Grafman works at the National Institute of Neurological Disorders and Stroke in Maryland.

The journal says that post-traumatic epilepsy is the most common cause of new-onset epilepsy amongst adults.  Each year, 30,000 cases of epilepsy are reported in the USA.

During the research phase of the study, 199 veterans who had suffered brain injuries 35 years prior were asked whether or not they had experienced a seizure.  They also went through scans to detect brain lesions.  Of the 199, 44% had developed post-traumatic epilepsy. The study also showed that the types of seizure the soldiers suffered change over time, usually becoming more severe and even leading to loss of consciousness.

If you have suffered a traumatic brain injury due to another person's negligence and are suffering from long-term symptoms, like epilepsy, contact the Whitley Law Firm and discuss your case with a Raleigh personal injury attorney.

Disabled military service members may be eligible for Social Security disability benefits in addition to benefits administered by the Department of Veteran Affairs. It is very important to understand that a separate application is necessary to apply for Social Security disability benefits.

     Although military service members must meet the same strict definition of "disabled" as other applicants, they can receive expedited processing of disability claims if they became disabled while on active military service on or after October 1, 2001. The service member's disability does not have to be combat-related in order to have the claim expedited.      

     In some cases, service members should not wait until after their discharge before applying for Social Security disability benefits. Service members on light duty or receiving treatment at a military medical facility may be eligible even though still considered to be on active duty. Social Security will evaluate your work activity to determine if you are eligible for benefits. Social Security will consider whether you are engaging in substantial work activity in making this determination.

     You may apply online at www.socialsecurity.gov/woundedwarriors, in person at the nearest Social Security office or by calling 1-800-772-1213 to schedule an appointment. As a veteran myself, I understand the overwhelming amount of paperwork that accompanies your discharge from service. If your claim for Social Security disability benefits has been denied or you simply have questions about Social Security disability benefits, please contact the Whitley Law Firm.

In the state of North Carolina, the Vehicle Financial Responsibility Act of 1957 requires that all vehicles that are registered with the state be covered by an auto liability policy.  The policy must be effectual and present ongoing coverage until a person terminates his or her vehicle's registration with the state.

In order to register vehicles in North Carolina, people must present proof of insurance to the Division of Motor Vehicles (DMV).  People may provide their insurance company's name with their policy number.  Or, people may present a Certificate of Insurance (FS-1), which they can obtain from their insurance company.

The state also has minimum liability requirements:

§  $30,000 minimum for a private passenger vehicle for bodily injury for one person

§  $60,000 minimum for two or more people

§  $25,000 minimum to cover property damage

Often times, when people are involved in auto accidents, they wonder if their insurance company will cover their injuries and property damage.  If you have been suffered damages during a car accident in North Carolina, contact the Whitley Law Firm to speak with a Raleigh personal injury lawyer about what compensation you may be entitled to from insurance companies and also negligent third parties.

In the legal community, a defective or dangerous product is a product that is considered unreasonably safe for its intended use or purpose.  When people engage in reasonable use of a product, use a product as intended and follow directions and warning labels, they should not suffer injuries.

Anytime people have been injured by a dangerous or defective product, they should know that the product's defects could link back to a manufacturer, designer or even retailer.  Generally speaking, there are three main reasons why some products are defective:

1)  The products are manufactured as intended, but are not safe for intended use.  This is called a design defect.

2)  The products' design is safe, but the products were made with flaws that may cause harm to consumers.  This is known as a manufacturing defect.

3)  The products' instructions or warning labels are insufficient or fail to provide consumers with warnings about potential hazards.  This is known as insufficient warning label.

 If you have been injured by a defective or dangerous product, now is the time to contact our law office and discuss your case with a Raleigh personal injury attorney.

The Lawmakers in North Carolina say that they are willing to revisit the state's ankle-monitoring law.  This law applies to those who are convicted for driving while impaired (DWI).

Currently, state law prohibits judges from ordering serious DWI offenders to wear ankle-monitoring for more than 60 days. 

One North Carolina case and example is Howard Pasour, a man who was ordered to wear the bracelet last year after he was convicted for DWI for the third time.  In January, Pasour was told he could remove the device.  Now, authorities say that Pasour was driving under the influence on a two lane road when his vehicle crossed the center line and hit an oncoming car.  Behind the wheel of that car was 17 year old Laura Fortenberry, who died as a result of the drunk driving accident.

Recently, Democratic state Senator John Snow said that he is willing to consider extending the maximum time ankle-monitoring devices can be worn by DWI offenders.

If you have been hurt during a drunk driving accident in North Carolina, get the legal help you need from a Raleigh personal injury lawyer by contacting the Whitley Law Firm.

Read Story Here:  http://www.wtkr.com/news/sns-ap-nc--repeatdwifatal,0,3802369.story

A leading cause of auto accidents in the United States happens to be distracted driving, which occurs when people are distracted while operating a motor vehicle.  Examples of distracted driving are texting, talking on cell phones or conversing with passengers instead of watching the road.  Below, we have compiled alarming statistics about distracted driving:

§  According to the Children's Hospital of Philadelphia and State Farm Insurance Study and NHTSA Study, distracted driving is the number one cause of death for teenagers in the United States.

§  The National Teen Driver Survey revealed that 90% of teenagers say they do not drink and driver.  However, nine out of ten say they have been a passenger when another driver was distracted or on the phone.

§  The Herald reported that approximately one million people chat or sent text messages while driving each day.

Were you injured in a car accident due to a person's distracted driving in North Carolina?  If so, contact us to set up a case evaluation with a Raleigh personal injury lawyer.

In the United States, on-the-job injuries are more prevalent than most people may think.  Each day, numerous people are injured while performing job related duties.  Sometimes, workers are injured accidentally and other times, injuries result from employer negligence.

There are several causes of workplace injuries.  However, two of most common causes are exposure to slippery surfaces and floors followed by burns from exposure to things like boiling water, toxic chemicals and electrical wiring.

You may be thinking that the accidents and injuries mentioned above only apply to people who perform manual labor day-to-day.  Yet, more and more people who work in office environments and sit at a desk all day are reporting injuries that range from carpal tonal syndrome, to musculoskeletal disorders, to vision impairment.  These injuries are not only serious, but may also impair people's ability to work and perform necessary job duties.

Have you suffered workplace injuries?  If you answered "yes", you may be entitled to worker's compensation.  If you have tried to obtain worker's compensation and were denied, it is important that you speak with a North Carolina personal injury attorney immediately.  Contact the Whitley Law Firm today to get the legal help you need.

Did you know that your brain uses 20% of the oxygen that is ingested by your body?  The oxygen supplied to the brain is used to send signals to other parts of your body, controlling essential functions like breathing.  Anytime oxygen is completely or partially cut off from the brain, people may suffer hypoxic-anoxic injuries. 

Whenever there are reduced oxygen levels, the brain's ability to function may become impaired and so too will bodily functions.  Sadly, people may suffer hypoxic-anoxic brain injuries from numerous things, including gunshot wounds to the head, birth injuries or even blunt force trauma.

After people have sustained hypoxic-anoxic brain injuries, they may develop symptoms like:  lack of coordination, abnormal physical movements, weakness in body parts, paralysis and quadriplegia.  Victims who have suffered these types of brain injuries may also find that it is difficult to follow instructions.

If you or someone you love has suffered a brain injury due to lack of oxygen and you believe negligence was involved, now is the time to contact the Whitley Law Firm and speak with a North Carolina personal injury lawyer.

People who have sustained injuries after dog bites usually wonder if they can file lawsuits against dog owners.  Like all personal injury cases, dog bite victims must prove that negligence, which can be downright tricky without help from a personal injury attorney.

It is a well-known fact that negligence is a complicated area of law that involves many exceptions and circumstances.  Generally speaking, negligence occurs when a person does something he/she should not have done or does not do something he/she should have, which results in another person suffering injuries.

In cases involving dog bites, a pet owner may be accused of being negligent if:

§  the pet owner lets his/her dog run free

§  the pet owner does not securely restrain his/her dog on a leash

§  the pet owner does not keep his/her dog in a secured area

These are just some examples of pet owner negligence that may uphold in court and enable victims to move forward with personal injury lawsuits.

If you have questions about filing a personal injury claim in North Carolina, now is the time to consult with a Raleigh personal injury lawyer by contacting the Whitley Law Firm.

It is a sad fact that pedestrian accidents occur with alarming frequency in the United States.  While a significant percentage of pedestrian accidents are caused by driver negligence, many of these accidents are also caused by pedestrians failing to follow safety protocol when in the presence of motor vehicles. 

Whenever pedestrians are amongst cars, trucks, vans or SUVs, they should follow these basic safety tips:

§  look both ways before crossing streets or before entering/exiting parking lots

§  follow traffic signs and crosswalk signals

§  use sidewalks and stay off of freeways and restricted roads

§  walk facing traffic whenever sidewalks are not available so drivers can see someone is walking

§  be cautious when crossing streets or roads with high speed limits

When pedestrians follow these tips, they can reduce their chances of being involved in an accident.  In the event that pedestrians are injured and they have reason to believe negligence played a role in their accidents, they should consult with a personal injury attorney.

At the Whitley Law Firm, we represent those who have been injured during pedestrian accidents.  Contact us today to speak with a Raleigh personal injury attorney.