Category: Blog

Like many other states, North Carolina is not immune to the problem of car accidents. In 2015, more than 251,000 crashes were reported in the state.

These accidents caused 1,380 deaths and injuries to 123,589 people. Those were year-over-year increases of 8.1 percent and 11.8 percent respectively.

Unfortunately, many of the accidents that caused these deaths and injuries were the result of reckless behavior by other drivers, including distracted driving and driving under the influence. This means that a lot of these crashes could have been prevented.

If you were severely injured or lost a loved one in a motor vehicle crash caused by negligence, you may be able to file a lawsuit to obtain compensation for the damages you suffered. This includes financial, physical and emotional damages, like pain and suffering, medical expenses, and lost wages.

However, there are deadlines, or statutes of limitations, for filing personal injury lawsuits over severe injuries or the death of a loved one. Once these deadlines pass, you will be unable to file a claim and may lose possibly your only chance of recovering compensation for your losses.

Our Charlotte car accident attorneys know the statutes of limitations for these claims and can help ensure your claim is filed before the relevant statute expires.

CAR ACCIDENT INJURY STATUTE OF LIMITATIONS

North Carolina’s statute of limitations for most personal injury claims, including those involving car accidents, is three years from the date of the accident or from the date you became aware or should have become aware that there were grounds for a lawsuit.

This means that you might have more than three years from the date of the accident to file a claim if you did not immediately discover that negligence was involved. This could occur if it takes time for evidence to come out showing how negligence may have been a factor in the crash.

However, under no circumstances can you file a claim more than 10 years from the date when the alleged negligence occurred. This is true regardless of when you discover that you have grounds to file a lawsuit.

STATUTE OF LIMITATIONS FOR WRONGFUL DEATH FROM A CAR CRASH

North Carolina allows two years for claims involving the death of a loved one from a car accident, according to NC General Statutes § 1-53(4). The statute starts running on the date of your loved one’s death.

However, you will be prohibited from filing a claim if your claim is barred by another statute of limitations, such as the statute for personal injuries.

This applies in situations where the injuries your loved one suffered in the crash did not immediately cause his or her death. It may have taken weeks or months for the injuries to cause your loved one’s death.

If the crash was caused by negligence, any legal claims would fall under the North Carolina personal injury statute of limitations. If this statute runs out, you are prohibited from filing a wrongful death lawsuit, even if the wrongful death statute of limitations has not expired.

DO STATUTES OF LIMITATIONS APPLY TO INSURANCE CLAIMS?

The personal injury and wrongful death statutes of limitations do not apply to car insurance claims. That said, your insurance company may have a deadline for filing a claim so you should file an insurance claim right away if you want to pursue insurance compensation.

However, the statute of limitations begins running regardless of when or if you file an insurance claim. That is why you should strongly consider hiring an experienced auto accident lawyer to help manage your injury claim.

An attorney can help manage your insurance claim from start to finish, and if it is unsuccessful, he or she will be prepared to file a personal injury lawsuit before the statute of limitations expires.

CONTACT OUR CHARLOTTE CAR ACCIDENTS LAWYERS TO DISCUSS YOUR LEGAL OPTIONS

The Charlotte personal injury attorneys at The Nye Law Group have 50 years of combined experience representing those who have suffered injuries caused by another’s negligence.

Our attorneys work on a contingency fee basis, meaning there is no fee for your initial consultation and you do not pay legal fees unless you obtain fair compensation.

Call 855-856-4212 or fill out a Free Case Evaluation form today to set up your free consultation.

Slip and fall accidents are caused by a variety of hazards and obstacles, including poor lighting, uneven flooring and broken handrails.

In some cases, property owners knew about these obstacles and failed to take adequate steps to remove them to help ensure the safety of those who enter their property. This could be considered negligence under Georgia law.

If you can prove that negligence occurred, the Nye Law Group’s experienced slip and fall accident lawyers in Savannah can help you hold the property owner liable for your injuries so that you may be able to recover fair compensation for the damages you suffered.

However, establishing liability in a Savannah premises liability claim after a slip and fall accident is complicated. There are many factors involved, from your legal status when you entered the property, to the type of hazard that caused your personal injury and whether the property owner knew about the unsafe condition before your injury occurred.

Claims by Invitees

Arguably the most important factor in establishing liability is your legal status when you entered the property.

Your legal status determines the duty of care you are owed by the property owner. A duty of care is a legal obligation to take certain steps to prevent injuries to others.

Many slip and fall claims are filed by people who were classified as invitees at the time of their injury. Invitees are people with an express or implied invitation to enter the property for business reasons for the mutual benefit of both parties.

Examples include customers and sales representatives who enter retail stores, since they are on the property for their benefit and the benefit of the property owner.

DUTY OF CARE FOR INVITEES

Property owners owe a higher standard of care to invitees than to anyone else who enters their property. Under the Official Code of Georgia (O.C.G.A.) Title 51 Chapter 3 Article 1, property owners are liable for damages caused by a failure to exercise ordinary care to keep the premises safe.

This means that property owners must take reasonable steps to inspect the premises and ensure conditions are safe for invitees. However, this does not mean property owners have a legal obligation to continually patrol the premises to look for hazards because that would be unreasonable.

ACTUAL AND CONSTRUCTIVE KNOWLEDGE

The legal duty owed to invitees applies only to hazards that property owners had actual or constructive knowledge about.

Actual knowledge means that the property owner could see, hear, touch or smell the obstacle in question. Constructive knowledge refers to a hazard that the property owner should have known about.

Constructive knowledge is much more difficult to establish than actual knowledge. One way to do so is to prove that an employee of the owner was in the immediate vicinity of the hazard and could have easily noticed it and taken steps to fix it.

Another way to prove constructive knowledge is to prove the property owner failed to exercise reasonable care when inspecting the premises.

In some cases, violations of ordinances or codes can be used as evidence that a property owner was aware or should have been aware of a hazard.

PLAIN VIEW DOCTRINE

Under this doctrine, property owners cannot be held liable for injuries caused by obstacles in plain view of the plaintiff.

This is because plaintiffs are expected to take reasonable steps to avoid obstacles that are plainly visible and in locations where one would expect an obstacle or hazard to be.

For instance, there is a reasonable expectation that there will be boxes or merchandise in an aisle of a retail store when an employee is restocking shelves.

However, the employee has a legal obligation to place the objects in the aisle in such a way that they are plainly visible and do not create an unreasonable hazard for passersby. This means the employee cannot place these objects in such a way that prevents you from seeing them.

Property owners do not have an obligation to warn invitees about obstacles that are in plain view because invitees have the same amount of knowledge about these obstacles as the property owner.

CLAIMS BY LICENSEES AND TRESPASSERS

The other two legal statuses for visitors to a property are licensees and trespassers.

LICENSEES

These are entrants who have permission to come onto a property but are there for their own interests. Examples of licensees include houseguests and door-to-door salespeople.

Property owners can be held liable for injuries to licensees if they knowingly exposed the licensee to an obstacle that posed an unreasonable risk of harm. This includes willfully or wantonly exposing the licensee to an unreasonable risk.

This means claimants must establish that the property owner knew about the hazard and there was intent to cause harm.

TRESPASSERS

These are entrants who do not have permission of the property owner or occupier to be on the premises. The only duty owed to trespassers is to avoid carelessly or willfully harming them.

COMPARATIVE NEGLIGENCE IN SLIP AND FALL CLAIMS

If you do not exercise reasonable care on someone else’s property to protect your own safety, you may be found partially at fault for the accident that caused your injury. This is known as comparative negligence.

Under Georgia’s modified comparative negligence system (O.C.G.A. 51-12-33), you will not be able to recover compensation if you are more than 50 percent at fault for your injury.

If you are less than 50 percent responsible, your compensation award will be reduced by your percentage of fault. For example, if a jury awards $50,000 for your injury but you are found to be 20 percent at fault, your award would be reduced to $40,000.

CONTACT OUR ATTORNEYS ABOUT YOUR SLIP AND FALL CLAIM

If you suffered an injury in a slip and fall accident, contact The Nye Law Group today to find out if you have legal options.

Our experienced attorneys have detailed knowledge of laws governing a premises liability claim in Georgia.

We know how to determine if you have a viable claim and are prepared to build a strong case to improve your chances of recovering fair compensation.

If you have a valid claim and you decide to proceed, we will conduct a comprehensive investigation to collect vital evidence, including:

• Photos of the accident scene
• Witness statements from those who saw your accident or who are aware of the dangerous condition
• Incident report if the accident occurred in a business
• Prior incident reports for other accidents concerning the same dangerous conditions
• Proof of the injuries you sustained and the damages they caused

Your initial consultation with our attorneys is absolutely free and we do not charge legal fees unless you recover compensation.

Call 855-856-4212 or fill out a Free Case Evaluation form today to set up your free consultation.

If you have been charged with a crime and could face significant prison time if you are convicted, you probably have many questions about Georgia parole laws. For instance, you may be wondering when and if you would be eligible for parole, or release from prison.

The Savannah criminal defense attorneys at The Nye Law Group have answers to some of the most frequently asked questions about parole laws in Georgia. Reviewing these answers can help give you an idea of how parole laws would affect you if you are convicted of the crime you are charged with.

After reading the list of frequently asked questions, contact our attorneys for a free legal consultation to find out if we can help you during this difficult time.

WHAT IS PAROLE?

Some offenders are granted early release from their prison sentence, also known as parole. This allows an offender to serve the remainder of his or her prison sentence in the community under supervision. However, if the offender violates the conditions of his or her parole, he or she could be sent back to prison.

Georgia’s State Board of Pardons and Paroles (SBPP) grants parole at its own discretion for offenders who have served an appropriate amount of their sentence.

WHAT IS THE DIFFERENCE BETWEEN PAROLE AND PROBATION?

Parole is granted by the SBPP after the offender has served a portion of his or her prison sentence.

Probation is granted by a court as part of an offender’s sentence or an alternative to a prison sentence.

DO INMATES NEED TO APPLY FOR PAROLE?

Inmates or their families do not need to apply for parole or petition the SBPP to be considered for parole. If you are eligible for parole and are serving a felony sentence under the custody of the Georgia Department of Corrections, the SBPP will automatically consider you for parole once you are eligible.

This is true regardless of any ongoing appeals or other legal action you are involved in.

WHEN DO I BECOME ELIGIBLE FOR PAROLE?

In most cases, inmates are eligible for parole after serving one-third of their prison sentence, unless they have committed certain offenses that do not allow parole. The Time Served Rules listed in the Inmate Handbook details when an inmate may become eligible for parole.

However, being eligible for parole simply means you have the right to be considered for it once you are eligible. It does not mean you will automatically be granted parole.

WHO IS NOT ELIGIBLE FOR PAROLE?

Under state law, certain offenders are required to serve their entire sentence and are not eligible for parole. This includes:

• Inmates serving a non-life sentence for one or more serious violent felonies committed on January 1, 1995 or later, including kidnapping, murder, rape, aggravated sexual battery, aggravated child molestation, aggravated sodomy and armed robbery
• Inmates sentenced to their fourth felony, as a recidivist
• Inmates who are sentenced to life without parole
• Inmates serving a death sentence

CAN AN INMATE SERVING A LIFE SENTENCE RECEIVE PAROLE?

Certain inmates serving life sentences may be eligible for parole consideration, including:

• Inmates who committed their offense before July 1, 2006 and have served 14 years
• Inmates who committed their offense after July 1, 2006 and have served 30 years
• Inmates who committed an offense before 1995 and have served seven years of their sentence
• Inmates serving a life sentence for the sale of drugs who have served seven years of their sentence

CAN AN INMATE BE CONSIDERED FOR PAROLE MULTIPLE TIMES?

If an inmate is denied parole and he or she is not serving a life sentence, he or she will automatically receive consideration for parole every five years, at minimum.

Those serving life sentences who have been denied parole will be reconsidered at intervals of no longer than eight years.

HOW DOES GEORGIA’S PAROLE CONSIDERATION PROCESS WORK?

When an inmate who is not serving a life sentence becomes eligible for parole, a parole investigator will conduct an investigation of the inmate, including:

• Studying arrest records and court records
• Interviewing arresting officers, court officials, victims and witnesses to create a legal investigation report about the inmate’s current offense and prior offenses that occurred in the same county
• Interviewing the inmate to complete a personal history statement, covering his or her account of the crime, where he or she has lived and worked, where his or her family members are, and plans for what to do if he or she is released from prison

Once the investigation is complete, the case is assigned to a hearing examiner. This individual recommends if and when an inmate should be paroled based on the Parole Decision Guidelines.

These guidelines are designed to help hearing examiners make consistent decisions about when to grant parole to inmates based on the severity of the crime and the inmate’s risk of committing more crimes once he or she is out of prison.

Once the hearing examiner makes his or her recommendation, the inmate’s case file is given to one of the five members of the parole board.

This person makes an independent decision about whether the hearing examiner’s recommendation is appropriate or should be overridden based on other factors. In some cases, the board member agrees that the inmate should be paroled, but at a later date than the hearing examiner recommended.

The process is repeated with the other four board members until there is a majority decision about whether to grant parole. If the board decides to grant parole, it will set a tentative parole month (TPM). This is the period of the prison sentence the inmate must serve before his or her release.

When the TPM is set, the case will be reviewed a final time to determine if parole will be granted. However, the board can change a decision for any reason, at any time, prior to the inmate’s release.

CONTACT THE NYE LAW GROUP TODAY FOR A FREE CONSULTATION

Have you been charged with a crime for which you could face significant prison time if convicted?

You need skilled legal representation right away to defend your rights and help ensure you receive a fair trial, no matter what you are accused of doing.

Our attorneys are prepared for cases involving numerous criminal offenses, from weapons charges and traffic offenses to drug charges and federal crimes.

Contact our firm today to find out if we can help you.

If you suffered a serious injury during your service in the U.S. Armed Forces, you have probably heard that you might be eligible for veterans’ disability benefits. In fact, you may have already applied for benefits.

Regardless of where you are in the process, or if you have yet to apply, you probably have many questions about veterans’ disability compensation. Below, the Nye Law Group’s Savannah veterans’ disability lawyers answer some of the most frequently asked questions on this topic.

WHAT ARE VETERANS’ DISABILITY BENEFITS?

Disability benefits provide financial support to veterans who have disabilities caused by injuries that occurred or were aggravated by their military service. Benefits are tax-free and distributed monthly for veterans and their dependents.

The amount and types of benefits you receive are determined by the severity of your disability and whether you have dependents.

DO I QUALIFY FOR VETERANS’ DISABILITY BENEFITS?

The U.S. Department of Veterans Affairs (VA) awards disability compensation to veterans who meet three qualifications:

• They received an honorable discharge from the branch of the military where they served.
• They have a disability, disease or other medical condition.
• Their medical issue is directly connected to something that occurred during their service in the military, such as combat, an accident, poor medical care or a variety of other things.

In some cases, it is relatively easy to prove that your injury is directly connected to your service. For instance, it should not be too hard to establish that your paralysis is the result of a back injury sustained in combat. This is known as a direct service connection.

There are four more ways to establish a service connection so you can qualify for disability benefits:

PRESUMED SERVICE CONNECTION

The VA will automatically assume there is a service connection if you have certain disabilities. For instance, the VA presumes a service connection for prisoners of war who have a stroke, heart disease and psychosis, among many other conditions.

PREEXISTING INJURY AGGRAVATED BY SERVICE

If you had a medical condition listed on your initial medical exam when you enlisted, you should be able to recover compensation if the injury was aggravated during your service and you have proof of an incident that caused the aggravation.

SECONDARY SERVICE CONNECTION

This is for disabilities caused by another disability you have already proven to be connected to your service. You do not need to establish a service connection for secondary disabilities.

POOR HEALTH CARE

If you can prove that your injury was caused by poor health care from the VA, it will likely be deemed service-connected.

HOW DO I APPLY FOR VETERANS’ DISABILITY BENEFITS?

There are three ways to apply for disability compensation:

• Apply online via the eBenefits website
• Print an Application for Disability Compensation and Related Compensation Benefits and mail it to the nearest VA office: US Veterans Affairs Department at 321 Commercial Dr. Savannah, GA 31406
• Go to your regional office and ask an employee for assistance with applying for benefits

You will need the following documentation to complete your application, whether you are applying online, by mail or in person:

• DD214 discharge documents to show the type of discharge you received
• Medical records from your time in the service
• Medical records from any other hospitals or medical facilities where you received treatment for your injury or disability

DO I HAVE TO BE EVALUATED BY THE VA TO RECEIVE BENEFITS?

You must go through a VA medical evaluation unless your primary care provider completes a Disability Benefits Questionnaire (DBQ) that applies to the category of your disability or medical condition.

The VA has more than 70 DBQs for a wide variety of medical conditions, including:

• Infectious diseases
• Amputations
• Knee problems
• Ankle conditions
• Foot conditions
• Hypertension
• Tuberculosis
• Seizure disorders
• Multiple sclerosis
• Parkinson’s disease

The purpose of a DBQ is to document your diagnosis and all related symptoms. These forms have long lists of symptoms and all your primary care provider needs to do is mark the boxes next to the symptoms you are experiencing. There are also a few places where your primary care doctor can explain some of your symptoms in greater detail.

This is a much easier way to document your diagnosis and symptoms, as opposed to providing a long narrative summary in your application for benefits.

The lists of symptoms on these forms use standardized language, which helps the VA make a decision about your application more quickly. These forms were designed to help streamline the process of applying for benefits.

The only downside to using a DBQ is that you are responsible for all co-pays and related costs for visiting the doctor to complete the form.

WHAT IS A DISABILITY RATING?

When you submit your application, the VA will calculate your percentage of disability, also known as your disability rating. You must be at least 10 percent disabled to receive disability benefits.

Your disability rating determines the amount of compensation you receive. The higher your disability rating, the more compensation you receive.

WHAT TYPES OF DISABILITY BENEFITS ARE AVAILABLE?

There are different types of compensation depending on the severity of your disability, including:

DISABILITY COMPENSATION

This is the standard form of compensation paid to veterans and their dependents. You could receive anywhere from $133.57 per month if you have a disability rating of 10 percent to $2,915.55 per month if you are 100 percent disabled.

Rate tables on the VA website show how much you could receive if you have dependents, such as spouses, children and parents. The more dependents you have, the more compensation you could receive.

SPECIAL MONTHLY COMPENSATION

This is only available in special circumstances, such as when the veteran needs assistance from another person to handle activities of daily living due to:

• Paralysis
• Loss of hearing
• Loss of vision
• Loss of use of a foot or hand

Compensation is available for spouses, surviving spouses and parents.

Disabilities are divided into different groups to determine the amount of compensation received. For instance, a veteran who lost the use of an eye would receive $103.54, in addition to his or her regular disability compensation.

DEPENDENCY AND INDEMNITY COMPENSATION

This form of compensation is for spouses, biological children and biological, adoptive or foster parents.

The general rate for spouses is $1,257.95 per month, while the rate for parents is dependent on their marital status. For example, parents who are still married could receive anywhere between $5 and $423 per month.

WHEN WILL I RECEIVE BENEFITS?

The VA disability program is currently backlogged. Most veterans experience a wait of about one year before receiving a decision on their application.

Filing an appeal may add another eight to 12 months to the process. However, if your appeal is unsuccessful and you file another one, you could wait several more months for a final decision.

CAN I WORK WHILE RECEIVING BENEFITS?

Veterans may work while receiving disability benefits. However, if the VA rates your disability at 100 percent and you continue working, the VA may lower your rating. This is because the VA considers those with 100 percent disability ratings to be unemployable.

CAN I RECEIVE VETERANS’ DISABILITY BENEFITS AND SOCIAL SECURITY DISABILITY AT THE SAME TIME?

If you qualify for both programs, you can receive benefits from each one at the same time. Eligibility for one program does not affect eligibility for another or the amount of compensation you will receive.

HOW DO I APPEAL IF MY CLAIM WAS DENIED?

Fortunately, you can appeal a denied application for any reason. The first step to appeal a denied claim is to file a Notice of Disagreement with the VA within one year of receiving a denial notice.

After reviewing your notice, the Veterans Benefits Administration (VBA) will send you a Statement of Case summarizing the evidence in your case and the reasons why the original decision was upheld or reversed.

If the original decision is upheld, you can file a Substantive Appeal with the VBA within 60 days of receiving the Statement of Case. If you are denied again, you have four options:

• File a motion requesting that the VBA reconsider your case
• File a motion requesting a VBA review due to a clear and obvious error in the denial of your claim
• File a claim with the Court of Appeals for Veterans Claims within 120 days of the VBA’s last decision.

DO I NEED A VETERANS’ DISABILITY LAWYER?

The Nye Law Group’s Savannah injury attorneys have in-depth knowledge of the process of applying for veterans’ disability compensation. We can guide you every step of the way, from your initial application to any appeals.

We know how to collect the information you need to build a strong case for why you should receive compensation.

We do not charge for your initial consultation and do not recover legal fees unless you receive compensation.

Contact The Nye Law Group right now for a free legal consultation.

If you suffered a severe injury or lost a loved one due to another party’s negligence, you have a limited amount of time to file a North Carolina personal injury lawsuit to attempt to recover compensation for damages.

This is because there are various statutes of limitations that set deadlines for different types of personal injury claims. Once the deadline for your type of claim passes, you will be prohibited from filing a claim and you will lose the chance to pursue fair compensation for the physical, financial and emotional damages you and your family have experienced.

The Nye Law Group’s committed personal injury lawyers in Charlotte will help you determine the statute of limitations that applies to your claim. We will ensure that your claim is filed properly and is met within the deadline imposed by its statute of limitations.

These are North Carolina’s statutes of limitations for common types of personal injury lawsuits:

GENERAL PERSONAL INJURY CLAIMS

Most personal injury cases fall under the three-year statute of limitations, which is detailed in North Carolina (NC) General Statutes § 1-52(16).

The statute starts accruing on one of two dates, whichever comes first:

• The date when the bodily harm or property damage the claimant suffered became apparent
• The date the injury should have become apparent with the exercise of reasonable care

The second part is for situations where you did not discover that you had grounds to file a lawsuit immediately after the injury. For instance, maybe it took a few months or years for you to discover new information indicating negligence may have played a role in your injury.

However, no matter when you discover that an injury may have been caused by negligence, you cannot file a claim more than 10 years after it happened.

WRONGFUL DEATH

A wrongful death is a death caused by another party’s neglect or wrongful actions. Under NC General Statutes § 1-53(4), wrongful death claims must be filed within two years of the date of death.

However, you cannot file a wrongful death lawsuit if the claim would be barred by another statute of limitations if the victim had survived.

For instance, if your loved one did not die for a few months after the wrongful act, the claim would fall under the personal injury statute of limitations. This means that you would have three years from the date of the wrongful act to file a claim. If you do not file a claim in that time, you will be barred from doing so, even if you are filing within two years of the date of death.

The Nye Law Group’s trusted Charlotte wrongful death lawyers will help you determine if you are entitled to bring a wrongful death claim after the untimely passing of your loved one.

PRODUCTS LIABILITY

If you were injured by a defective product, you cannot file a claim more than 12 years from the date you purchased the product, according to North Carolina’s statute of limitations for defective product claims.

Product liabilty claims, however, can be difficult for the average consumer to navigate and effectively take action against a manufacturer, designer or seller. Our Charlotte product liability claim attorneys can assist you through the claims process by identifying the liable party and ensuring your claim meets the state’s statute of limitations.

Medical Malpractice

You have three years from the date that malpractice occurred to file a medical malpractice claim, according to North Carolina’s medical malpractice statute of limitations.

However, this statute is complicated because there are three exceptions:

• You must file a claim within one year of the date that you should have discovered the injury by exercising reasonable care. In other words, you have one year from the date that a reasonable person would have discovered he or she had grounds to file a lawsuit.
• Regardless of when you discover the injury, you cannot file a claim more than four years from the date of the injury.
• If a foreign object was left in your body by a medical professional, you must file a claim within one year of discovering that an object was inside of you. However, you cannot file a claim more than 10 years from the date of the malpractice that resulted in a foreign object being left inside your body.

Our Charlotte medical malpractice attorneys are qualified to represent you after suffering from medical negligence and will work to make sure your claim is filed within the three-year deadline.

CONTACT THE NYE LAW GROUP TODAY

If you are thinking about filing a personal injury lawsuit, you need to contact an attorney as soon as possible to ensure your claim is filed before the statute of limitations expires.

The Nye Law Group’s Charlotte personal injury lawyers know how to determine when the statute for your claim began and when it will end.

We are committed to building the strongest case possible to allow you to recover compensation for your medical bills, lost wages, and pain and suffering.

Call 855-856-4212 or complete our Free Case Evaluation form today.