Recent Blog Posts in July 2010

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.

There are two types of brain injuries that people may suffer:  traumatic brain injuries (TBI) and non-traumatic brain injuries.  While both types can be devastating for individual sufferers and their families, those that suffer TBIs develop symptoms that may not only be permanent in nature, but life-threatening.

When people have sustained traumatic brain injuries, they may experience the following symptoms:  memory loss, slurred speech, immobility, loss of digestive functions, loss of respiratory functions, insomnia, mood swings and persistent pain. 

As you can imagine, these symptoms can disrupt a person's quality of life indefinitely, which is why people who have sustained TBIs due to other people's negligence are allowed to file claims in the state of North Carolina.  By filing claims, brain injury sufferers may be able to collect monetary damages for their medical expenses, lost wages and pain and suffering.

If you or someone you love has suffered a brain injury due to the negligence of a third party, contact the Whitley Law Firm today and set up a time to speak with a Raleigh personal injury lawyer.  We have handled numerous brain injury cases and would welcome the opportunity to provide you with advice and guidance.

One of the most commonly asked questions people have when they are filing personal injury claims is "How much is my claim worth?"  The truth of the matter is, every case is unique, so the amount each claim is worth will vary.  For example, there isn't a set value assigned to trucking accident cases.  Instead, the amount cases are worth will depend upon the factors involved.

When evaluating the value of a claim, the following will be considered:

§  the plaintiff's medical costs and related expenses

§  the amount of income that was lost by the plaintiff as a result of the accident (i.e. time taken off of work and time spent getting medical treatment)

§  the extent, nature and severity of the plaintiff's injuries and ongoing medical demands

§  the value of property that was damaged during the accident

§  the extent of the plaintiff's pain and suffering

As you can see, figuring out the value of a claim is not an exact science and will largely depend upon the factors surrounding the case.  For this reason, anytime people have questions about what their personal injury cases may be worth, they should consult with a Raleigh personal injury lawyer.  To speak with an attorney today, contact the Whitley Law Firm.

One alarming form of elder abuse in nursing home environments happens to be the over sedation or increased administration of drugs.  This happens more often than most people realize and unless this problem is identified, it will only continue and could even compromise elderly people's health.

You may be wondering "why would a nursing home over administer drugs to residents?"  The answer is that sometimes staff or caregivers over administer drugs to residents so they are calm and/or lethargic.  When residents are in this physical state, it is believed that they will need less supervision and/or care. 

If you have a loved one that is in a nursing home, be on the lookout for signs that are indicative of drug abuse.  Some of these signs are:

§  oversleeping or appearing tired all the time

§  inattentiveness or difficulty speaking

§  drooling

§  unexplained withdrawal from people, activities or day-to-day routines

If you notice these signs and are concerned that drug abuse may be a problem or suspect nursing home negligence, your best option is to obtain the services of a Raleigh personal injury attorney.  A lawyer can help you put an end to this form of elder abuse and protect your loved one from future harm. 

Contact the Whitley Law Firm today to discuss your case with our team!

In the state of North Carolina, people who have been involved in boat accidents may have to file reports and take certain measures.  Below, we provide information on what people need to do after a boating accident has occurred:

§  Anytime people have been involved in a boat accident, they are required by law to stop and to give assistance to other operators, passengers or vessels (unless doing so would put them in danger). 

§  After an accident, it is important that boat operators remain calm and exchange information with other boat operators and witnesses.

§  If a boat accident leads to the disappearance or death of a person, people must contact the North Carolina Wildlife Resources Commission as soon as possible. 

§  People must complete and submit a boating accident report when:  the accident results in the death or disappearance of another person, property damage is greater than $2,000 or a person requires medical treatment beyond basic first aid.

§  All reports of deaths or disappearances must be made to the North Carolina Wildlife Resources Commission within 48 hours of the accident.

§  All reports in other types of boat accident cases must be made within 10 days of the accident.

If you have been injured during a boating accident and would like legal help, talk with a Raleigh personal injury attorney today by contacting the Whitley Law Firm.

Below, we provide answers to commonly asked questions about wrongful death:

What is a wrongful death?
Basically, a death is categorized as "wrongful" when it results from the negligent actions or recklessness of a third party.  For example, if a person caused an accident due to negligent behaviors and another person dies as a result, it would be considered a wrongful death.

Is proving negligence difficult in a wrongful death case?
Yes, proving negligence is extremely difficult.  Due to the fact that negligence must be proven in order for families to proceed with wrongful death claims, most families choose to work with a personal injury lawyer who has experience with these types of claims and cases.

What is a wrongful death claim?
A wrongful death claim is a type of legal action that is filed against a person whose negligence led to the death of another person.  Claims are filed my immediate families who wish to obtain compensation for their traumatic losses.

What damages can I receive?
If you are successful with your wrongful death claim, you may receive damages for your lost loved one's medical and funeral expenses.  You may also receive damages for your loss of companionship and pain and suffering.

For a more comprehensive list of questions and answers on this topic, we encourage you to view our Wrongful Death FAQs page.  As always, if you have questions about a wrongful death case in Raleigh, contact the Whitley Law Firm to schedule a consultation with a Raleigh personal injury attorney from our team.

This weekend, we celebrate our nation's independence.  The 4^th of July is a great summer-time holiday that many people look forward to because there are so many parties and events to attend.  However, we would like to remind people that while you should have fun and partake in festivities, it is important that you do not drink and drive.

In the state of North Carolina, it is illegal to drive while under the influence of drugs and/or alcohol.  During holiday weekends, law enforcement increases patrol units to crack down on drunk drivers and also drunk driving accidents, which can lead to serious injuries and even fatalities.

Instead of driving after having a few drinks, call a cab or appoint a designated driver.  This will ensure that you do not get into any legal trouble or cause a devastating DUI accident.

If you have been involved in an accident with a drunk driver in Raleigh and you suffered injuries, you should take the time to become aware of your rights and legal options.  Contact the Whitley Law Firm to learn how a Raleigh personal injury lawyer from our law office can help you hold drunk drivers accountable for their negligence.