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Lanier Law Group, PA
Personal Injury Attorney
Today 8:30 am – 5:30 pm
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207 W Millbrook Rd #215 Raleigh, NC 27609
207 W Millbrook RdUSNCRaleigh27609
(919) 848-2000lanierlawgroup.com
Personal Injury Attorney, Trial AttorneyToday 8:30 am – 5:30 pm
Monday 8:30 am – 5:30 pmTuesday 8:30 am – 5:30 pmWednesday 8:30 am – 5:30 pmThursday 8:30 am – 5:30 pmFriday 8:30 am – 5:30 pmSaturday ClosedSunday Closed

Whether you have been injured in an auto accident or you have suffered an injury during a slip and fall, you can obtain the experienced, committed, and driven legal counsel you need at Lanier Law Group, P.A. Our practice involves litigating and representing clients with claims involving nursing home abuse, nursing home neglect, burns, dog bites, dram shopwrongful death, premises liability, products liability, medical malpractice, birth injuries, brain injuries, spinal cord injuries, workers' compensation, products liability, serious accidents injuries and much more. Free case evaluation.
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Car Safety: Have I Got an App for You! - The National Highway Traffic Safety Administration (NHTSA) has a new app to help you and your family stay safe — just do not use it while you are driving.

Originally released in March of this year, the SaferCar app is free from iTunes for iPod Touch and iPhone devices. NHTSA is working on a version for Android products.

NHTSA is the premier source of automobile safety information in the United States. With a trove of safety data, reports and ratings, the agency does its best to get safety information to consumers. With the SaferCar app, NHTSA puts you in the driver’s seat with timely and topical information you might need, including:

Ratings: No more digging around websites and books, NHTSA gives you access to five-star rating information to compare cars and models you might be interested in buying, renting or leasing.

Recalls: Do you drive a Honda Odyssey van, Yamaha motorcycle or maybe a BMW? If you do, the SaferCar app has recent recall information for you. The SaferCar app allows you to register your vehicle and receive information about problems and complaints specific to your car.

Complaints: Speaking of complaints, the SaferCar has a quick and easy interface to let NHTSA know all about the defect you might have noticed on your car.

Car seats: Properly installing car seats is essential for the safety of young family members. Not only can you get installation advice from the SaferCar app, but find out where to go locally to get your car seat checked out.

In an effort to spread the word, NHTSA also provides the application programming interface (API) to developers interested in building NHTSA information into their own apps and websites.

Check out the SaferCar app. It may allow you to avoid an accident and get a little help keeping your family safe.

#NorthCarolinaAutoAccidentAttorneys #SaferCarApp #CarSafety
http://www.lanierlawgroup.com/north-carolina-personal-injury/auto-accident/
 
With the SaferCar app, NHTSA puts you in charge with timely and topical information you might need, like car ratings, safety recalls & complaints.
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Avoiding Pharmacy Errors: Pharmacy errors are nothing new. Remember the scene in It’s a Wonderful Life when young George Bailey stops his pharmacist boss, Mr. Gower, from accidentally poisoning a patient? That was 1946. The drug industry has certainly changed a lot since then — mostly for the better. But not entirely.

One thing that has changed today, not only in pharmacies but in life in general, is that everyone seems to be overworked and under pressure. Pharmacies are no exception. In fact, studies have shown that the stress of having to crank out prescriptions quickly, particularly in large, high-volume chain stores, may be causing millions of pharmacy errors every year. Attempts by drug stores to relieve the pressure on pharmacists by delegating tasks to less-trained technicians may only make matters worse.

Taking the wrong medication, or even the wrong dosage of the right medication, can be debilitating and even deadly. You can help protect yourself by taking a few steps when you receive prescription drugs:

- Know the name of the medication your doctor has prescribed, and check the label on the bottle carefully to make sure it matches exactly. Many drug names look or sound alike, and pharmacists or technicians may confuse them.
- For prescriptions you refill regularly, make note of what the medicine looks like — for instance, the size, shape, color, and imprint of pills. If a refill looks different, ask the pharmacist about it.
- Ask your doctor what dosage you need, and check the medication you receive to ensure that is what the label says.

Ultimately, however, it is the responsibility of your pharmacist to fill your prescription correctly. If you or a loved one is harmed by a prescription-filling error, your pharmacy may be held liable for your injuries. Contact a North Carolina personal injury attorney to discuss your case.

#NorthCarolinaMedicalMalpracticeLawyers #PharmacyErrors #WrongDosage
http://www.lanierlawgroup.com/north-carolina-personal-injury/medical-malpractice/
 
Taking the wrong medication, or even the wrong dosage of the right medication, can be debilitating and even deadly. You can help protect yourself by taking a few steps when you receive prescription drugs.
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The Grim Fairy Tale of Disability: The criteria the government uses to determine whether someone is eligible for Social Security Disability (SSD) is a lot like those fairy tales where the hero is required to perform a series of near-impossible tasks before he can win the hand of the beautiful princess and live happily ever after. Winning disability benefits may not be quite as romantic, but it is an equally epic journey.

Here are some of the hoops the Social Security Administration will expect you to jump through:

The Recent Work Test — Depending on your age when you become disabled, you will need to have worked 1.5 years out of the three years before you became disabled, half the time between when you turned 21 and when you became disabled, or five out of the 10 years immediately preceding when you became disabled.

The Duration of Work Test —Depending on your age, you must have worked for a minimum amount of time ranging from 1.5 years if you are under age 28, to 9.5 years if you are age 60 or more.

Medical documentation — You must provide the names, addresses, and phone numbers of every doctor and health care professional who treated you, and a complete history of the dates of your treatment, the names and dosages of all the medicines you take and all of your laboratory and test results and medical records.

Severity of condition — Your disability must be severe enough to have prevented you from performing basic work activities for at least one year.

Ability to work —  Your condition not only must prevent you from doing the work you did before you developed the disability, but also must prevent you from doing any other kind of work the agency might consider appropriate for you.

For average mortals with less-than-mythic abilities, the assistance of a North Carolina SSD attorney can make all the difference in your happily-ever-after.

#NorthCarolinaSocialSecurityDisabilityLawyers #SSD #Disability
http://www.lanierlawgroup.com/north-carolina-personal-injury/social-security-disability/
 
To be eligible for SSD benefits, you must pass a series of tests, such as the recent work test, the duration of work test, and qualifying medical documents.
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Adversaries Butt Heads over Helmets: Motorcycles are the source of a lot of noise in North Carolina these days. But it is not the roar of Harleys you hear — it is the sound of legislative controversy.

The North Carolina legislature is inching ever closer to throwing out its universal helmet law, which requires all motorcycle riders in the state to wear a helmet. Instead, a bill passed by the House and sent to the Senate in May would enact a so-called partial helmet law, making helmets optional for riders over age 21 who have at least $10,000 in medical insurance coverage.

Whether that is a good thing depends on whom you ask. Motorcycle enthusiasts, by definition a somewhat free-spirited group, say adults should have the right to make safety decisions for themselves, without government intrusion. They also assert that claims that helmets save lives are exaggerated, and that there is actually little difference in cyclist fatalities between states with universal and partial helmet laws.

However, advocates of universal helmet laws, including the U.S. Centers for Disease Control and Prevention, argue otherwise. Their claims:

- North Carolina, one of only 19 states with universal helmet laws, currently has a higher rate of lives saved by helmet use than any other state.
- When Florida switched to a partial-helmet law, fatalities among motorcyclists increased 55 percent, and paradoxically, nearly doubled for those under 21.
- Most motorcyclists who end up in the hospital have medical bills in excess of the $10,000 insurance requirement. Taxpayers, they say, would be forced to make up the difference.
- Universal helmet laws make it easier to assign fault in a motorcycle accident — not wearing a helmet automatically means you broke the law.

North Carolina motorcycle accident attorneys are concerned first and foremost with your safety. Whatever the legislature ultimately decides, please use your head when it comes to using a helmet.

#NorthCarolinaMotorcycleAccidentAttorneys #HelmetLaw #FatalCrash
http://www.lanierlawgroup.com/north-carolina-personal-injury/motorcycle-accident/
 
North Carolina, one of only 19 states with universal helmet laws, currently has a higher rate of motorcyclists lives saved by helmets than any other state.
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Look Out for Driving Distractions: We have all heard about the epidemic of auto accidents caused by driving while texting. But texting technology has only been around for a few years. What did people do, before everyone became glued to their cell phones, to keep their eyes off the road?

The myriad things we do while driving — other than, well, driving — are today grouped under the general category of Distracted Driving. The collective risk of so many people moving around fast and unfocused is serious enough to have its own government-sponsored website, which of course places texting at the top of its list of driving hazards.  However, many of the activities we take for granted as part of the driving experience carry risks of their own:

Rubbernecking — A study by the Virginia Department of Motor Vehicles found that the tendency to turn and stare as we drive past an accident is itself responsible for causing accidents.

Eating and drinking — Stuff spills. Food goes down the wrong way. Wrappers need to be unwrapped. All of these things take attention away from the matter at hand, which is not so bad when you are sitting on your couch, but very bad when you are sitting behind the wheel.

Grooming — Yes, that light-up mirror on the back of your visor has a dark side as well.

Electronics — The cell phone does not have a monopoly on gadget hazards. Operating a GPS, stereo system, or video player can be equally distracting.

Sightseeing and socializing —The typical pleasantries of an afternoon drive, both inside and outside of your car, still provide good, old-fashioned distraction.

If you are injured in an auto accident, try to ascertain what the other driver was doing immediately before the impact. It could help establish who was at fault.

#NorthCarolinaAutoAccidentAttorney www.lanierlawgroup.com/north-carolina-personal-injury/auto-accident/
 
Distracted Driving includes such non-driving activities as grooming, sightseeing, eating, playing with electronics, and are negligent driving behaviors.
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Safest Car in America Goes Up in Flames: In an embarrassing and potentially dangerous turn of events for upstart automaker Tesla, a Model S electric car burned itself into memory across the nation as a video of the vehicle engulfed in flames went viral in early October.

Our firm represents clients injured by defective automobiles and the accidents they cause. In this case, the driver was not injured, but the car was destroyed.

While driving on the freeway in Kent, Washington, Rob Carlson ran over a curved metal shard dropped from a semi-truck. The size and shape of the debris proved a problem for the Tesla when it struck the undercarriage. Penetration of the battery compartment by the debris caused fire in the front section of the lithium-ion battery pack.

Fortunately, after being told by the onboard safety system to exit the freeway and the car, Mr. Carlson was able to safely avoid the fire. However, the battery compartment fire proved stubborn, requiring firefighters to roll the vehicle on its side and cut holes in the battery compartment to fully extinguish the fire.

Fielding significant disappointment and concern, Tesla Motors CEO, Elon Musk, blogged: 

- The safety system in the car functioned properly and the driver avoided injury
- No flames reached the passenger compartment of the vehicle at any time
- Significant, unusual force penetrated the quarter inch armor plate that shields the battery pack
- The fire was less damaging than it would have been had the car been gasoline-powered

Time and investigation have yet to decide the safety of lithium-ion batteries in planes, laptops or automobiles. If you have questions about an automobile accident, speak with a reputable personal injury attorney in Raleigh.

#NorthCarolinaAutoAccidentAttorney #DefectiveCarParts #Tesla
http://www.lanierlawgroup.com/north-carolina-personal-injury/auto-accident/
 
The Tesla's battery compartment fire required firefighters to roll the vehicle on its side and cut holes in the battery compartment to extinguish the fire.
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Drunken Driving: Whose Fault Is It? Differences of opinion abound on the fairness of so-called “dram shop” laws, under which an establishment that knowingly serves alcohol to an intoxicated patron can be held liable if the drunken patron then causes injury to another.

Those who believe society should promote individual responsibility say the drunken person alone should be held liable for the consequences of his or her actions. Certainly, nobody thinks an irresponsible drunk who causes injury should not be held accountable (with the exception of a North Carolina statute that holds the serving establishment liable if the drunken driver they served was underage.)

However, the truth is that serving alcohol to an intoxicated person is a bit like giving a gun to someone you know has violent tendencies — how could that not be seen as an irresponsible and negligent thing to do? If the violent person takes the gun and injures another, it is clear that the party who negligently provided the weapon should have some accountability for his or her role in the violence.

That philosophy was affirmed by a tragic case decided by the North Carolina courts last year:

- An intoxicated 25-year-old man crashed his car into a vehicle carrying a man and his pregnant wife.
- The couple was severely injured and lost their unborn child.
- It was later found that a local bar and restaurant had served the man the equivalent of 10 to 15 drinks in the two hours before he got behind the wheel that night.
- A Charlotte jury found the establishment to be liable for the accident and handed down a $1.7 million judgment against it.

Although business advocates protest such findings of liability, North Carolina personal injury attorneys representing victims of drunk drivers believe that justice for the injured can only be achieved if all responsible parties are held accountable for their part in the tragedy.

#NorthCarolinaDrunkDrivingAccidentAttorneys #DramShopLaws #AutoAccidents
http://www.lanierlawgroup.com/north-carolina-personal-injury/auto-accident/drunk-driving-accident/
 
An establishment that knowingly serves alcohol to an intoxicated patron can be held liable if the drunken patron then causes injury to another in a car crash.
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The Conflict Concerning Caps: Not long after North Carolina legislators instituted a cap on non-economic damages (e.g., pain and suffering) in medical malpractice cases in October 2011, the Missouri Supreme Court issued a completely opposite ruling on the same issue in August 2012. The Missouri court overturned a cap on non-economic damages that had stood for 20 years in that state, saying that the rule violated the Constitutional right to trial by jury.

The two actions illustrate the ongoing battle over caps on personal injury damages that has been raging in states throughout the country for years, and will probably continue to do so until a definitive case makes it to the United States Supreme Court. In the meantime, the controversy will continue.

Medical professionals, health care companies, and insurance companies argue in favor of the caps, claiming that limits on such damages:

- Discourage frivolous and costly lawsuits
- Keep insurance premiums down
- Free the medical community to practice with more vigor and innovation without fear of unreasonable financial consequences

Patient advocates, on the other hand, assert that the caps:

- Unfairly punish those who suffer the most severe injuries by limiting their ability to achieve fair and full compensation
- Violate the constitutional separation of powers and right to due process
- Promote lower quality in health care by giving providers less to lose for substandard performance.

One area that is less affected by the caps is medical malpractice claims resulting from birth injuries. That is because, while most medical malpractice claims involve reimbursement of medical expenses incurred due to treatment of injuries, in the case of birth injuries the monetary damages awarded generally include large amounts earmarked for future medical needs of the injured child.

#NorthCarolinaMedicalMalpracticeLawyers #DamagesCap #PersonalInjury
http://www.lanierlawgroup.com/north-carolina-personal-injury/medical-malpractice/
 
The two actions illustrate the ongoing battle over caps on personal injury damage caps that has been raging in states throughout the country for years.
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Tainted Injections Found in NC: North Carolina is one of four states that have become a focus of an investigation by federal and state health authorities, after it was discovered in early 2013 that three clinics here administered injections found to contain harmful bacteria and fungi. The injections were supplied by a pharmaceutical compounding manufacturer in Tennessee, which has since voluntarily surrendered its North Carolina license.

The injections of preservative-free methylprednisolone acetate (MPA), manufactured by Main Street Family Pharmacy of Newbern, TN, were used by three NC clinics:

- Carolina Arthritis Center in Pitt County
- Bailey Family Practice Center in Nash County
- Shallote Medical Center in Brunswick County

MPA is used to treat a variety of medical conditions including allergic disorders, skin conditions, ulcerative colitis, arthritis, lupus, psoriasis and breathing disorders. Patients in four states reported adverse reactions to the injections, mainly skin abscesses and abnormal inflammation at the site of the injection.

According to the Centers for Disease Control (CDC), patients who are concerned that they might have received an injection with MPA from the pharmacy under investigation should contact their provider to confirm the origin of the MPA product. Because incubation periods for fungal infections can be lengthy, CDC advised patients to remain vigilant for signs and symptoms of infection for several months following a known injection with MPA.

If you are injured by this or any other contaminated pharmaceutical, the first thing to do is to notify health authorities to assist in investigating the problem. Then contact a North Carolina personal injury lawyer to discuss whether you may be compensated for your injuries.

#NCDefectiveProductAttorney #TaintedDrugs #PharmaceuticalDefects
www.lanierlawgroup.com/north-carolina-personal-injury/defective-products-liability/
 
North Carolina is being investigated by health authorities, after three clinics here administered injections found to contain harmful bacteria and fungi.
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Supreme Court to NC: One-third is Too Much: This year, the U.S. Supreme Court handed down several well-publicized decisions pertaining to groups that have been struggling for their rights. But minorities and gay-rights advocates were not the only ones whose future was hanging in the balance ― a 13-year-old North Carolina girl, rendered blind, deaf, and mentally disabled at birth by a botched Caesarian section, also found herself at the center of a landmark decision. The result was good news for medical malpractice plaintiffs.

In a 6–3 ruling, the Court struck down a North Carolina law that allowed the state to take one-third of the amount of a medical malpractice award or settlement as reimbursement for Medicaid payments. The Court had ruled several years ago that states could only claim the portion of a malpractice recovery specifically attributable to medical expenses, not amounts awarded for non-monetary damages such as pain and suffering.

However, in cases where the total amount recovered was not allocated between monetary and non-monetary damages, North Carolina law permitted the state to assume one-third of the amount was attributable to medical expenses. The Supreme Court felt the one-third rule was arbitrary and unreasonable.

The facts of the case at hand:
- The severely disabled girl from Taylorsville, NC, received a $2.8 million settlement from the obstetrician whose negligence caused her to be born with cerebral palsy.
- The state, which had provided Medicaid payments of almost $2 million for the girl, asserted a lien on one-third of the settlement amount, more than $900,000.
- The parents of the girl contested the lien all the way to the Supreme Court.
- The Court, recognizing that the girl would require extensive medical care for the rest of her life, declared that states could not establish a standard lien percentage applicable to all medical malpractice cases.

The decision is a boon for clients of medical malpractice attorneys in North Carolina and other states that have similar laws, potentially allowing them to hold onto a larger portion of the damages they recover.

#NorthCarolinaMedicalMalpracticeAttorneys www.lanierlawgroup.com/north-carolina-personal-injury/medical-malpractice/
 
The Supreme Court struck down a law that allowed North Carolina to take 33% of the amount of a medical malpractice award as payment for Medicaid payments.
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