When a tractor-trailer loaded with timber impacts an automobile, the automobile’s occupants may suffer catastrophic injuries or even death.  These accidents require experienced attorneys who will conduct a thorough investigation of the accident facts and prosecute the claims to maximize the recovery by settlement or trial.  This may entail the use of accident reconstruction experts to determine the case or causes of the accident.  Causes may include excessive speed, driver fatigue, inattention or distraction, equipment failure, improper loading, traffic violations or other causes.  Beware of discussing the facts of the accident with the log truck’s insurance company.  There are complex insurance issues which may include liability insurance, excess liability insurance, commercial truck policies, issues of interstate vs. intrastate commerce, umbrella insurance coverage, medical payments coverage, property damage coverage, uninsured motorist coverage, underinsured motorist coverage and other issues.  Know your rights.  Let the experience of The Kessler Law Firm, PLLC go to work for you.

AUTOMOBILE ACCIDENTS

If you have been injured in an automobile accident beware of the quick settlement offer from the insurance company, as the extent of your injuries may not be known for weeks or even months.  The insurance company is in the money business – they typically try to get you to settle for as little as possible as quickly as possible by getting you to sign on the dotted line.  If they are successful, and you later need surgery for your injuries, you may be out of luck.  The simple act of the quick settlement offer when you don’t even know the extent of your injuries shows that the adjuster is not looking after your interests.  Know your rights. After an accident please take note of the following:

1. Do Not give a statement to anyone by phone, in person or in writing and NEVER sign anything regarding the case without first consulting your lawyer.
2. Save all your doctor bills, prescription bills, insurance forms, and the like to give to your lawyer upon request.
3. Take photographs of your visible injuries and the damage to your vehicle.
4. Obtain and keep all repair records, receipts, estimates, and bills.
5. Obtain and provide a copy of all automobile insurance polices belonging to you and all family members in the household to your lawyer immediately.

Typically auto injury claims include consideration of:

1. Automobile Insurance Polices
2. Liability Insurance Coverage
3. Excess Liability Insurance Coverage
4. Underinsured Motorist Coverage
5. Uninsured Motorist Coverage
6. Medical Payments Coverage
7. Health Insurance issues including ERISA
8. Property Damage Coverage
9. Depreciation
10. Loss of Use
11. Vehicle Repair Issues
12. GAP Insurance when “Upside Down”
13. Substitution of Collateral
14. Rental Car Issues
15. Short Term Disability
16. Workers’ Compensation if on the job.
17. First Party/Third Party Issues

Don’t let these issues overwhelm you.  This is what we do.  Let us help you through these issues and DON’T GIVE A RECORDED STATEMENT to the insurance company unless it is a first party claim.  Call us.  We can help.

BUS ACCIDENTS

We are experienced bus accident attorneys having represented numerous claimants in several Greyhound Bus Accidents and have also represented individuals in school bus accidents.  Although many bus accidents are due to simple traffic violations, driver fatigue or a sleeping driver causes many accidents.  These accidents are often times catastrophic and give rise to punitive damage- that is, damages to punish and/or deter the bus company and/or others from engaging in such misconduct in the future.  Secondly, you many have had your personal property damaged.  Always have photographs taken of visible injuries in any accident as such bruising, cuts, scrapes and/or scarring heal overtime and the evidence must be preserved for trial – if a trial is necessary. If you have been injured in a school bus accident in North Carolina there may be the need to pursue two (2) claims simultaneously; one against the bus driver in Civil Court, and one against the school system through the North Carolina Industrial Commission.  There may also be issues of governmental immunity, and waiver of governmental immunity by the purchase of insurance and/or a bond.  Know your rights.  Let the experience of The Kessler Law Firm, PLLC guide you through these issues.

MEDICAL MALPRACTICE/HOSPITAL NEGLIGENCE

Most acts of healthcare provider malpractice causing patient injury are never pursued.  If you or a loved one has suffered a severe, catastrophic injury such as paralysis, brain damage or cerebral palsy, or if a loved one has died as a result of a medical or nursing error, you need a lawyer experienced in this complex area of law for numerous reasons. 
First, there is a national databank that keeps track of doctors who have had money paid on their behalf to satisfy a malpractice claim against them.  This databank is not available to the public but is used by credentialing entities, such as hospitals, which grant privileges to doctors to work at their facilities.  If a doctor is identified in the databank, it may adversely affect the doctor’s ability to practice at that hospital.  Doctors therefore fight vigorously in defense of claims against them.
Second, in North Carolina, in order to file a claim for malpractice against a doctor, you mush have an expert, similarly trained and experienced as the Defendant doctor, that is willing to testify that the Defendant doctor deviated from the standard of care for doctors practicing that particular specialty and/or performing that procedure.  This opinion must be “to a reasonable degree of medical certainty.” In order to do this, the expert must know the local standard of care, as opposed to a national standard of care because there is the “same or similar community standard.”  Thus, the expert must be educated as to the local specialties available, medical facilities, number of beds in the hospital, whether it is, for example, a level one trauma center, etc.  Additionally, the expert must have spent a majority of his time in the one year immediately preceding the procedure in question in the practice of that specialty or having performed the procedure or have taught in an accredited clinical setting.  Obviously there are many pitfalls that can trap an inexperienced lawyer.  This is not the time to have such lawyer working for you. Call on the experience of The Kessler Law Firm, PLLC to assist you with your case

AIRPLANE CRASHES

Mr. Kessler has experience in representing clients in airplane crashes.  Almost always, theses crashes result in catastrophic injuries and/or death.  Obviously, crashes involving aircraft are some of the most complex, technical, labor-intensive investigations in personal injury law.  Let our experience go to work for you.  Give us a call.  We can help.

PRODUCT LIABILITY

Defective products, whether machines, products, food or pharmaceuticals maim or kill people every day.  Any entity in the chain of commerce, from manufactures to distributors to retailers, must ensure their products are safe for their intended purpose.  Product liability includes ordinary negligence, breach of warranty, misrepresentation, and strict liability.  Of importance is the date the device is placed into the stream of commerce.  This may determine the time within which a claim must be brought. If a defective product has injured you or a loved one, give us a call.

NURSING HOME ABUSE/NEGLECT

Our elderly loved ones in the nursing home are most vulnerable.  They are at the mercy of the caregivers at the facility.  The facility is a business.  The business exists to make money.  Although most care about their patients, some do not.  Some abuse patients.  Some workers have criminal backgrounds that go unchecked.  Some facilities run a bare-bones staff, which may employ minimally qualified staff at low pay, which results in patient neglect.  Bedsores, malnutrition, falls and dehydration often result as a consequence.  If you suspect your loved one has been abused or neglected at a nursing home, call us. We can help.

WRONGFUL DEATH

Whether by motor vehicle accident, through medical error, or by neglect, when a loved one has died, during these difficult times, let an experiences law firm handle the complex legal issues involved in a wrongful death action. 
Get an autopsy done.  Many times, the true cause of death may never be known unless an autopsy is performed. The next of kin (surviving spouse or parent) or personal representative (administrator or executor) has a right to request an autopsy.  Generally damages are based on the decedent’s relationship with his/her family. 
Other issues such as liability insurance, death benefits, life insurance, opening an estate, issuance of letters of administration, waiver of appointment, bond, initial inventory, notice to creditors, the accountings and other matters are best left for the experienced.  If your loved one has recently died as a result of someone else’s negligence, give us a call.  We are here to help.

WORKERS’ COMPENSATION

If you have been injured on the job, the laws regarding workers’ compensation may be complex and may lead to the loss of a claim for the injury if proper procedures are not followed. 
First, the employees claim must be filed with the North Carolina Industrial Commission within two years after the date of the on the job injury.  Usually, the employee does this by filing a Form 18.
Second, your employer should pay your medical bills for treatment for the injuries suffered on the job.  In exchange, they can tell you what doctors to see.
Third, if you miss work for one week, the employer must then begin to pay you two-thirds (2/3) of your average weekly wages for each week thereafter, while you are out of work. Once you are out for twenty-one (21) days, the employer must then pay you two-thirds (2/3) of your average weekly wage they never paid you for the first week you missed (you don’t get paid temporary total disability benefits if you miss less than one week). 
Fourth, the case may settle at mediation or tried at a hearing. A clincher (one time lump sum settlement) will end the claim.  If no clincher/settlement, the employer must pay for all approved medicals ongoing or until more than two years has run from the last related medical treatment.
Fifth, you are also entitled for certain travel expense reimbursement and prescription reimbursement.
This is not intended to be, nor is it, legal advice.  Do not rely on this information. If you were injured on the job, give us a call.  We will be happy to set an appointment to discuss your issues in person.

SOCIAL SECURITY DISABILITY

Social Security Disability Benefits and Supplemental Security Income Benefits require the claimant to have a medical condition precluding work for a continuous twelve (12) month period.  The condition must have lasted or is expected to last for a continuous twelve (12) month period.  In order to be eligible for Social Security Disability Benefits, among other things, the claimant must have worked for 20 of the last 40 quarters.  Supplemental Security Income is based on, among other things, a low-income level.  The factors of age, education and work experience are reviewed in conjunction with the medical condition to determine disability.  Additionally, there are “listings” in the Social Security Regulations whereby if a condition is so severe, Social Security may consider it disabling in and of itself. 
Many claims are denied and the claimant is informed in writing of the denial. The claimant has sixty 60) days to file a request for reconsideration.  It is at this time, when you first receive this letter, that it is wise to consult with an attorney.
Although there are no guarantees as to what we can do with your case as each case stands on its own merits, we have won an overwhelming majority of the Social Security Disability Cases we have pursued on behalf of our clients.  Give us a call and see if we can help you.

DOG BITES

Dog bites are the most vicious injures and often times require the victim to obtain plastic surgery.  Many dog bite victims are children.  Medical bills may be substantial and the victim may require counseling for severe emotional distress.  Get photographs of the injuries as soon as possible and give us a call.  We can help.

MOTORCYCLE ACCIDENTS

When a motorcyclist is hit by an automobile; the motorcyclist is at the mercy of the automobile and the pavement. The end result is usually major injuries including broken bones, road rash, internal injuries, and in severe cases, death.  We have experience in representing motorcyclists with significant injury claims.  Do not give a statement to the at-fault driver’s insurance company.  Know your rights.  Get the required medical treatment.  Get photographs of all injuries and the bike, then call us.  We can help.

BOATING ACCIDENTS

The operator of a watercraft has certain duties and obligations to himself, his passengers and other boaters.  When boats collide injuries may be devastating.  Today, with modern wet bikes and jet skis able to accelerate rapidly and maintain high speeds, accidents happen through neglect, carelessness or stupidity.  Often times, alcohol is involved.  This element may give rise to punitive damages.  If you or a loved one has been injured in a boating accident, call us. We can help.

PEDESTRIAN/BICYCLE v. AUTOMOBILE CASES

The automobile wins every time.  Pedestrians and bicyclists often times suffer major injuries when struck by an automobile.  Whether the reason is not being able to see the pedestrian or bicyclist, or through carelessness and/or inattention, motorists pose a significant danger to people on foot and on bicycles.  Protect yourself.  As a pedestrian, always cross at a crosswalk whenever possible.  If a signal is present, obey the signal.  Pay attention.  Get off the cell phone and look both ways.  If on a bicycle, wear a helmet and ride with traffic.  Not against traffic. If you have been injured either as a pedestrian or a cyclist, seek medical attention immediately and call us.  We can help.

SLIP AND FALL ACCIDENTS

Slip and fall cases can be very difficult to win at trial.  First, to prove negligence on a landowner for a substance on a floor causing a fall and resulting in injury, you must prove either: Actual knowledge; the landowner knew it was on the floor and failed to clean it up or constructive knowledge.   Establishing the substance was on the floor for an appreciable amount of time such that the landowner should have known of the hazard may show constructive knowledge.  These burdens require witnesses.  Even if you are able to prove that the landowner was negligent, if the landowner also establishes that you were also negligent (contributorily negligent) in causing your own injury by not seeing what you ought to have seen, you lose. Nevertheless, we have been successful in these cases (even though a local defense firm’s standard defense is that the area was inspected and clean just minutes before the slip and fall and that it must have been a customer that spilled something on the floor after the inspection and before my client came around the corner and fell in it). If you have been seriously injured in a fall, through no fault of your own, give us a call.  We can help.

FALLING MERCHANDISE/OBJECTS

Department stores, home improvement centers and other retailers will, from time to time, act negligently in stacking merchandise too high such that it becomes instable. Eventually the merchandise will fall on a customer causing sever injuries or even death.  One particular home improvement company has now implemented the use of mesh netting with hooks to secure merchandise stored high up on shelving.  Other retailers use ladders for their employees to stock merchandise on its shelves. When the employees are finished using the ladders, instead of putting them on hooks or in the back storage room, they lean them on store shelves and poles, unsecured.  Customers and children either bump or climb on them causing them to fall on top of them resulting in severe injuries.  We are now going after this retailer by having associated local counsel in twenty (20) states to pursue claims for injuries by falling ladders.  Maybe they will secure their ladders and make their stores a safer place to shop. These are just a few examples of negligent acts causing injuries by falling merchandise or objects. If you or a loved one has been injured by falling merchandise or falling objects, whether a ladder or otherwise, give us a call. 

We can help.