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Legal News |
Chris Olson
Attorney |
workplace hazardous substances:
workers have a right to know |
The Occupational Safety and Health Administration (OSHA) made
clear, almost 20 years ago, that workers have a right to know about hazardous
substances to
which they might be exposed.
Still, many workers are not properly advised about hazardous substances in the
workplace. Employers have an obligation to tell workers about hazardous substances
and how workers should take precautions to protect themselves from injury while
working with and around those materials. Workers should feel free to ask questions
to ensure that they are properly informed as to all hazards and how to take proper
safety precautions.
Full Article |
Hoyt Tessener
Attorney |
computer program used to evaluate insurance claims |
Most insurance companies evaluate your claim by a computer
program called Colossus. Colossus
is a sophisticated program created for insurance companies to calculate the payout
on auto claims.
Colossus determines value by the format of the information. Although an attorney
can manage the process and evaluate your claim, you need to make sure that your
medical provider documents your medical situation and treatment.
For Colossus, if it is not in writing, it does not exist. It
is very important that your healthcare provider document any of the following symptoms:
muscle spasms, dizziness, radiating pain, headaches, restrictions of movement,
nausea, vision disturbances, neuroses, depression, anxiety, bruises, contusions,
or lacerations. Healthcare providers must accurately and plainly state symptoms
in your medical notes.
Full Article |
Forest Horne
Attorney |
billion-dollar company wants to take away your right to trial by jury |
Many people agree with our Constitution's Second Amendment that grants us the “right” “to
keep and bear arms.” Did you know that the Seventh Amendment to the
Constitution also guarantees citizens the “right of trial by jury?” Both
amendments provide protection for the individual.
That could change, however, with laws that passed the U.S. House of Representatives
on July 28, 2005 and which are being proposed in the U.S. Senate. If
this law passes the Senate, then big drug companies, medical device corporations
and wealthy medical professionals will have virtual legal immunity from many claims
caused by their negligence.
Full Article |
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martin & jones representatives participate
in nationwide program |
Martin & Jones is pleased to announce that our Social Security
Disability Claimants’ Representatives have been selected to participate in
the Social Security Administration's Non-Attorney Representative Demonstration
Project. This
new project is in accordance with The Social Security Protection Act of 2004 and
allows direct payment to non-attorney representatives, alleviating clients of this
additional concern during pursuit of Supplemental Security Income and/or Social
Security disability benefits.
Full Article |
Hoyt Tessener
Attorney |
it's the insurance |
Many times after the case for our client is over, we speak with the jury members. One
of the jurors’ common questions is why did you not settle this case?
Most of the jurors believe, as the insurance companies want them to believe, that
if you go to court you must have turned down a reasonable settlement offer. Worse
yet, many jurors believe that by going to court we are pursuing the individual
defendant personally.
Full Article |
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legal myths—amusing and dangerous |
You’ve heard the stories: A California man won $74,000 for injuries
when his neighbor ran over his hand with a car... while the man was trying to steal
the car’s hubcaps. The story is completely false. The fabricated
lawsuit and stories like it circulate each year. Some of the latest fiction
include:
A man purchased a motor home. On his trip home on the freeway, he set the
cruise control and left the drivers seat to make a cup of coffee. The RV
left the freeway, crashed and overturned. The man sued Winnebago for not
advising him that he could not actually do this. He was awarded $1,750,000
plus a new Winnebago.
Full Article |
Greg Martin
Attorney |
merck finally withdraws vioxx |
Vioxx,
Merck’s blockbuster arthritis drug, was
recalled from the market last September after
questions were raised about the cardiovascular
risks associated with the drug.
In a press release after the recall,
Merck’s CEO Raymond Gilmartin claimed that
his company was “putting patient safety
first” and called the heart
attack risk that led to the recall “unexpected.”
Internal company documents, however,
suggest that Merck was aware of the cardiovascular
risks associated with Vioxx years ago, even before
the drug was approved for the general public.
Full Article |
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statute of repose protects manufacturers, not consumers |
A lot of people know about statutes
of limitations: they set a date after which a
person cannot bring a lawsuit. When a defective
product injures someone, the statute of limitations
often runs from when they discover or should have
discovered their injuries. This gives people time
to investigate their claims and file a lawsuit.
However, most people do not know
about product liability “statutes of repose.”
They too set a date after which an injured person
cannot bring a lawsuit. But they are very different
from a statute of limitations because they often
run from an arbitrary date—usually when
the product is purchased.
Full Article |
Greg Martin
Attorney |
weakened regulations harm patients |
On September 30, 2004, pharmaceutical
giant Merck announced that it was withdrawing
its arthritis medication Vioxx from the market. Approved by the FDA in May of
1999, Vioxx quickly became a blockbuster drug
for Merck and generated $2.5 billion in annual
sales.
By the time the drug was withdrawn
from the market, more than 20 million Americans
had been exposed to Vioxx, and the FDA has estimated
that as many as 140,000 of them may have had suffered heart
attacks, strokes or other serious cardiovascular problems as a
result of the drug.
Full Article |
Christopher Olson
Attorney |
consumers may be signing away their rights |
Increasingly, lenders, finance companies,
credit card companies, and other business entities
that deal with individuals in ordinary consumer
transactions are inserting mandatory arbitration
clauses in their contracts and application forms.
These arbitration clauses threaten to deprive
consumers of legal options that have previously
been used to prevent unfair and abusive business
practices.
Full Article |
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the domino effect
is your state next? |
Some people believe that the workers’
compensation system was designed to protect workers,
but in reality, the system was created in the
early 1900s to shield businesses from lawsuits.
Ohio enacted one of the first systems, which was
negotiated by Samuel Prescott Bush, the great-grandfather
of President George W. Bush. Injured workers are
still under attack by big business that now supports
workers’ compensation reform aimed at limiting
workers’ rights.
Full Article |
Katie Bricio
Attorney |
the fight between doctors, lawyers and
insurance companies—why you should care |
By now, you are probably tired of
hearing politicians talk about “tort reform”
and the “medical malpractice insurance crisis.”
You have probably heard doctors and lawyers tell
their different sides of the story so much that
it is beginning to sound like whining.
But the proposals growing out of this debate
tamper with nothing less than one of the most
fundamental American rights. If we don’t
pay attention, this right will be taken away from
American individuals in favor of—not doctors—but insurance companies.
Full Article |
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asbestos exposure still poses a serious health threat |
Although it is commonly believed
that asbestos exposure and asbestos diseases are
mainly problems of the past, a new study shows
that the asbestos public health tragedy will continue
to affect thousands of Americans into the next
decade.
The results of the study were released
by the Environmental Working Group after the organization
examined industry data obtained through the Freedom
of Information Act.
Full Article |
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contingency fees level the playing field |
There are basically two ways attorneys
are paid. Attorneys can bill an hourly rate and
charge by the hour, or attorneys can work on a
contingency fee basis.
A contingency fee is one where the
lawyers get paid only if money is recovered for
a claim. Payment for services is “contingent”
upon recovery. The contingency fee is a percentage
of that recovery.
Full Article |
Greg Martin
Attorney |
is your medicine cabinet safe? |
Walk into your bathroom. Open your
medicine cabinet and take a look. What do you
see? Robitussin? Advil? Dimetapp? Do you know
who makes these products?
More important, do you know whether
or not they’re safe?
Full Article |
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how much car insurance should you have? |
Most of us do not think about the
amount of insurance we have and certainly not
how much insurance someone else has - until we
need it. There are several types of insurance
that you can purchase for your automobile: liability,
collision, comprehension, medical payments, uninsured,
and underinsured.
North Carolina law requires you
to have liability insurance. Everyone must have
minimum liability insurance coverage of $30,000
per person up to 60,000 per accident. Liability
insurance pays anyone hurt or damaged as a result
of your negligence up to the policy limits.
Full Article |
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work injuries have reporting requirements |
The North Carolina Workers’
Compensation Act has strict guidelines regarding
the reporting of work injuries. When a claim is
denied, more often than not one of the reasons
cited by the insurance company for the denial
is the failure of the employee to timely report
the injury.
By understanding and complying with
the reporting requirements, an employee can avoid
the long legal process of proving that the injury
entitles him to compensation from his employer.
Full Article |
Hoyt Tessener
Attorney |
finding a good nursing home |
A recent Wall Street Journal headline
stated “U.S. Nursing Homes Quietly Killing
Thousands—Report.” As we all approach
an older age, it’s natural for us to consider
the consequences of our parents and even ourselves
spending time in a nursing home. In North Carolina,
the population of those 65 and older increased
by 20 percent from 1990 to 2000.
Full Article |
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is your work injury compensable? |
Many employees assume that because
their injury happened at work, it is automatically
a compensable workers’ compensation claim.
Unfortunately, that is not the case.
With some limited exceptions, your
work-related injury will not be compensable unless
it occurs under circumstances that would be considered
an “accident” under the Workers’
Compensation Act.
Full Article |
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the truth about the mcdonald's coffee case |
When proponents of “tort reform”
cite runaway jury verdicts, they often cloud certain
facts and omit others to persuade Americans of
the soundness of their cause. The decade-old McDonald’s
coffee case is a prime example.
When the verdict was reported in
1994, talk show hosts like Paul Harvey jumped
on the story and railed against the verdict as
evidence of a system gone mad. The facts paint
a much different picture.
Full Article |
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what is contributory negligence? |
Contributory negligence is old law,
a holdover from our years as a British colony.
Contributory negligence states that if you contribute
to your injuries in anyway, you are entitled to
no compensation. North Carolina is one of only
four states that still adheres to this old law.
The other forty-six states have done away with
contributory negligence—for good reasons.
Full Article |
