“Personal injury lawsuit” can mean many different things. The injury underlying the lawsuit might be from a small fender bender or a complex pharmaceutical mishap. These types of injuries are different from the injuries that might result from a breach of contract or fraud. The most distinct difference is that personal injury cases usually involve some type of physically apparent injury. For example, you might decide to file a personal injury lawsuit if you break your arm in a car accident. Disputes over car accidents are the most frequent type of personal injury lawsuits. Sometimes personal injury lawsuits are referred to as torts.

Although each personal injury lawsuit is unique, they all share some common characteristics. Each lawsuit has a plaintiff and a defendant. The plaintiff is the party alleging an injury. The defendant is the party being blamed for the plaintiff’s injury. If you are successful in your lawsuit, then you will receive damages. Damages compensate you for the losses you incurred as a result of your injury. For example, you may have incurred medical bills during treatment for you injury. Other types of damages include punitive damages and attorneys’ fees. Punitive damages are damages that are intended to punish the defendant for his conduct – they are rarely awarded.

An example of a recent high-profile personal injury lawsuit is the claim brought by Toyota owners against the manufacturer. In that case the plaintiffs alleged that they had been injured when their cars accelerated out of control causing accidents. Toyota chose to settle a class action, separate from the personal injury claims, before going to trial. The reported settlement resulted in a payout of over $1 billion to the plaintiffs. The personal injury claims remain pending and it is unclear what damages the plaintiffs will recover in those cases.

If you have recently suffered an injury you may have a personal injury claim. There are limits on the amount of time you have to file a lawsuit to recover for your injury. Contact an attorney today to discuss your potential claims, whether to file a lawsuit, and how to handle your claims.

If you are filing a workers’ comp claim for the first time, you probably have lots of questions about how your claim will progress and how long it will take to receive a final determination on your claim. In North Carolina, workers’ compensation claims generally proceed through three stages: mediation, hearing, and appeal.

Mediation: Generally, workers’ compensation claims presented to the North Carolina Industrial Commission will first proceed through mediation. The vast majority – approximately 75% – of workers’ compensation claims are settled before or at the mediation conference. The parties may choose their own mediator or allow the commission to choose a mediator for them. If the parties are unable to settle the claim at mediation, the claimant may request a hearing before the commission.

Hearing: In North Carolina, a workers’ comp hearing will be heard before a deputy commissioner of the state Industrial Commission. Your hearing will be similar to a trial and both sides will be allowed to present evidence and argue their case. Prior to the hearing, each side will have the opportunity to take depositions and gather their evidence. After the conclusion of the hearing and a full consideration of the evidence, the deputy commissioner will issue a ruling.

Appeal: If your hearing results in a ruling that is not favorable to you, you may appeal the deputy commissioner’s decision to the full commission. If, after an appeal to the full commission, you still have not received a favorable decision you may appeal to the North Carolina Court of Appeals. Appeals to the state court may take a considerable amount of time. Further, the court of appeals may render a final decision or may remand the case back to the commission for further consideration. The length of such appeals is rather unpredictable.

If you have a workers’ compensation claim you will likely need an experienced attorney to guide you through the many steps that stand between you and a full recovery. A qualified lawyer can help you navigate the mediation, hearing, and appeal of your workers’ compensation claim with ease.

If you have been injured at work, you may be wondering what steps you can take to ensure that you receive workers’ compensation benefits and recover quickly. The North Carolina Industrial Commission, the state agency that administers the workers’ compensation program, has outlined five steps that every injured worker should take.

1. REPORT. Report your injury to a medical provider as soon as possible after you become injured. Your employer may have a provider on-site or they may have a designated medical provider off-site. If your employer does not have a designated provider you should obtain care that is appropriate to your injury – this could mean a trip to the emergency room or an appointment with your primary care physician.
2. EXPLAIN. Explain to your medical provider that your injury is work related. You have to explain the nature of your injury if you want your medical provider to bill your treatment as a workers’ compensation claim.
3. INFORM. Inform a manager or the owner of your company that you have suffered a workplace injury. This should be done as soon as possible following your injury to prevent any confusion about the nature or timing of your injury.
4. GIVE NOTICE. Give written notice of the injury to your employer. This notice should include a brief description of your injury and the date on which you were injured. Your employer may have its own forms on which you can report such information.
5. GET TREATED. Get treated by the appropriate medical provider and follow their instructions for treatment. It is important that you receive health care quickly – the goal of workers’ compensation is to quickly restore you to the level of health and ability you maintained prior to the injury. Failing to heed your doctors’ instructions can slow your recovery.

Workplace injuries can be common depending on your occupation – in 2006, there were 1.2 million workplace injuries. Having a plan to deal with your workplace injury – including identifying appropriate medical providers in your area beforehand – could mean the difference between a lengthy and a speedy recovery. Another part of your plan might be identifying an attorney who can assist you if you have difficulty recovering the workers’ compensation benefits to which you are entitled. A qualified workers comp attorney can help you navigate any complexities you encounter and give you time to focus on your recovery.

If you have been injured on the job you have probably heard about workers’ compensation. But, what exactly is workers’ comp? And, what benefits are you entitled to? In North Carolina, the Worker’s Compensation Act sets forth the guidelines for an extensive insurance program that is intended to protect workers who are injured on the job. Generally, employers who employ three or more employees are required by state law to carry workers’ compensation insurance. If you’re injured on the job, workers’ compensation reduces your financial hardship by compensating you for a portion of your losses.

Specifically, if you are injured on the job or if you develop a work-related condition, you may receive medical benefits, compensation for your injury, and compensation for lost work time. There are specific rules that may apply to your claim and affect your benefits. For example, if your injury does not exceed 21 days you are not entitled to compensation for the first seven days of lost work time. However, you are entitled to workers’ compensation benefits if you a full-time, part-time, temporary, or permanent employee. In North Carolina, the workers’ compensation insurance program is administered by the North Carolina Industrial Commission.

And, while many of you were probably watching the Super Bowl this weekend, you may not have known football’s connection to workers’ comp. Injuries are rampant in the full-contact sport and in at least one state football players are filing claims for workers’ compensation benefits to cover medical bills and lost field time. In California, over 3,000 players have filed claims with the injury insurance program. Lawmakers, upset by the potential of facing super-sized claims, are contemplating closing the loophole that allows NFL players to seek benefits. No word yet on whether these players will receive their benefits.

On this blog, we have previously mentioned that many North Carolina businesses that should be carrying workers’ compensation policies have refused to do so in violation of the Workers’ Compensation Act. In April, The News & Observer reported that as many as 30,000 employers are currently in violation of law because they do not carry sufficient insurance.

If you have been injured on the job, contact an experienced attorney today to discuss whether you may be entitled to workers’ compensation benefits. If your employer has refused a claim for workers’ compensation or if your employer is not sufficiently insured a lawyer an help you understand your potential claims.

The last few weeks we’ve discussed how you can initiate a lawsuit if you have been the victim of discrimination at work in our posts “Take the First Step in Your Employment Discrimination Case” and “What To Do When You Receive Your Right To Sue Letter”.But, what can you expect once your lawsuit has been filed? Every lawsuit is different, but there are a few things every plaintiff can expect:

1. Depositions. Depositions are an inevitable part of the discovery process in employment litigation. These question and answer sessions usually take place with the deponent, a lawyer from both sides, and a court reporter present. You will be deposed, but your employer and other witnesses may also be deposed. If you are being deposed then you should be prepared to answer tough questions about your employment history and your allegations of discrimination. Sometimes depositions can become contentious, but your lawyer is there to ensure that the process goes as smoothly as possible for you. Your lawyer will also be able to ask tough questions of your employer during his deposition.
2. Time. Employment litigation may take a considerable amount of time. From the time you file your charge of discrimination with the EEOC to the date you have a final judgment can be several years. The fact-finding period, commonly called “discovery,” can take many months and if you appeal a trial court’s final judgment it may take years before your case is resolved.
3. Settlement Offer. Today most lawsuits settle before a jury ever has the chance to hear the evidence. If your employer feels you have a strong case, and they don’t want to go to trial, they may make a settlement offer. Your lawyer can give you advice on whether to accept or reject such an offer. Settlement offers typically come when a trial date is swiftly approaching. The time crunch, and concerns about the cost of trying a case, often leads to the tender of a settlement offer.

As I mentioned above, every employment lawsuit will be unique, but an experienced employment lawyer can help you navigate the ups and downs of your litigation. A recent employment lawsuit illustrates just how messy these lawsuits can sometimes become. Keith Rabois, COO of Square, recently publicly announced his resignation after it was leaked that he had been accused of workplace harassment. Business Insider’s description of the impending lawsuit hints that it could be a long time before the parties ever resolve their dispute. If you’ve been the victim of workplace harassment or discrimination contact an experienced employment lawyer today to discuss your claims.

SeiferFlatow, PLLC Partner Adam M. Seifer has been named to the Legal Elite list as one of the top criminal and DWI attorneys in North Carolina for 2013. Each year, no more than 3.5 percent of the lawyers, 735 total lawyers, in the state receive this honor.

Since 2002, Business North Carolina magazine has honored Tar Heel lawyers by publishing Business North Carolina’s Legal Elite, a listing of the state’s top lawyers in business-related categories. Winners are chosen by the state’s lawyers. Business North Carolina’s Legal Elite has become the model for other awards and lists, but it remains unique as the only award that gives every active lawyer in the state the opportunity to participate. Business North Carolina’s Legal Elite includes the top lawyers chosen using this statewide ballot.

Each year, BNC sends ballot notices to every member of the N.C. State Bar living in North Carolina — asking each a simple question: Of the Tar Heel lawyers whose work you have observed firsthand, whom would you rate among the current best in these categories?

Adam is a co-founding Partner of SeiferFlatow, PLLC, a law firm located in Historic Myers Park. Adam is head of the Criminal/DWI and personal injury practices for the firm. In addition, Adam practices in the areas of Workers’ Compensation and Business Litigation.  Adam has also been named to various other awards lists by the general public and his peers and colleagues such as SuperLawyers’ Rising Stars and National Trial Lawyers’ Top 100 Trial Lawyers.

Following up from our first post of this series “Take the First Step in Your Employment Discrimination Case“, after you submit a charge of discrimination the EEOC will conduct an investigation. The EEOC will use a number of different methods to investigate your discrimination claim. They may contact your employer or interview witnesses. It may take the agency some time to fully investigate your claim. According to the EEOC, it took the agency an average of six months to investigate each charge filed in 2004.  If the agency’s investigation uncovers a violation of the law it will try to negotiate a settlement with your employer. If the agency is unable to reach a settlement, then the Department of Justice may decide to file a lawsuit. If the investigation does not uncover any violations of the law, or if they agency cannot reach a settlement with your employer, it will supply you with a right-to-sue letter. This letter gives you the right to file a lawsuit against your employer. If the EEOC has not completed its investigation within 180 days it is required to provide you with your right-to-sue letter upon your request. Once the agency has informed you that the investigation of your claim is complete you have 90 days to file a lawsuit. An experienced employment lawyer can help you file your employment lawsuit.  Because there are many deadlines that may apply to you it is important to act quickly.

Shannon Hawkins was diagnosed with narcolepsy and depression, but her employer accommodated her disability by allowing her to work from home. However, after returning from maternity leave Hawkins found that such accommodations were no longer an option.  Eventually Hawkins was fired. After submitting a charge of discrimination to the EEOC, an investigation was conducted and certain legal violations were uncovered. As a result of the violations the agency issued Ms. Hawkins a right-to-sue letter allowing her to proceed with her claims against her employer.

If you have been a victim of discrimination contact a qualified attorney today to get started on your claim. See our next post on “What to Expect From Your Employment Lawsuit” for further assistance.

SeiferFlatow, PLLC Partner Mathew E. Flatow has been named to the North Carolina Rising Stars list as one of the top up‐and‐coming attorneys in North Carolina for 2013. Each year, no more than 2.5 percent of the lawyers in the state receive this honor. The selection for this respected list is made by the research team at Super Lawyers.

Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a rigorous multi–phased process that includes a statewide survey of lawyers, an independent research evaluation of candidates, and peer reviews by practice area.

The Rising Stars lists are published nationwide in Super Lawyers magazines and in leading city and regional magazines across the country. For more information about Super Lawyers, go to superlawyers.com.

The first Super Lawyers list was published in 1991 and by 2009 the rating service had expanded nationwide. In February 2010 Super Lawyers was acquired by Thomson Reuters the world’s leading source of intelligent information for business and professionals.

Mathew is a co-founding Partner of SeiferFlatow, PLLC, a law firm located in Historic Myers Park. Mathew is head of the Civil Litigation and Employment law practice for the firm. In addition, Mathew practices in the areas of Workers’ Compensation, Personal Injury and Business Litigation. Mathew was also named to the North Carolina Rising Stars list for 2012.

Both state and federal laws prohibit workplace discrimination. For example, if you have faced workplace discrimination due to your race, color, religion, sex, national origin, or age your employer may have violated Title VII. Title VII, part of the Civil Rights Act of 1964, is a federal law that prohibits some kinds of workplace discrimination.  The Equal Employment Opportunity Commission (EEOC) is the government agency that enforces Title VII.

Although the law offers great protection from employment discrimination, you cannot file a federal lawsuit until you have submitted a Charge of Discrimination to the EEOC and they have informed you that you have the right to sue your employer.

A Charge of Discrimination is a rather simple document that includes the following information: Your name and contact information, the name and contact information of your employer, the number of employees employed by your employer, a description of the incidents that you believe discriminatory, when the discriminatory events took place, why you believe you were discriminated against, and your signature. Although this information is easy to put together, you may want to seek out legal advice before you file it with the EEOC. Any future lawsuit that you file may be limited to the information you include in your original charge of discrimination – so you will want to complete it carefully and completely. The EEOC has an online assessment tool that may help you determine whether you need to file a charge of discrimination and what information you should include.

Additionally, you need to consider how much time has passed since you were subjected to discrimination. Your charge of discrimination usually must be filed with the EEOC within 180 days of the discrimination. If your filing is not timely you may have no opportunity for recourse against your employer.

Finally, government employees should recognize that their complaints of discrimination would be handled through a similar, though different, process. It is important to recognize that government employees are subject to discrimination just like employees in the private sector. For example, the number of discrimination complaints among congressional workers has jumped from 52 in 2007 to 142 in 2001.

In our next blog post “What To Do When You Receive Your Right To Sue Letter” , we’ll discuss what steps you should take after your receive your right to sue letter or other correspondence from the EEOC. In the meantime, if you feel you have been discriminated against by your employer you may want to contact an employment attorney to help you determine the best course of action.

In addition to the good food and good company of the holidays, there is also an unfortunate spike in the number of drunk drivers. In 2007, over 4,000 North Carolina drivers were cited for drunk driving during the holiday season.

Police officers are on high alert during the holidays and many drivers are curious about how they should act if they are pulled over for suspected drunk driving or if they are stopped at a sobriety checkpoint. Specifically, drivers often wonder whether they should consent to a breathalyzer test, a test designed to check blood alcohol level. In North Carolina, you effectively consent to breathalyzer testing just by registering for a license. The law is different in every state, but in North Carolina your refusal to take a breathalyzer test will result in the revocation of your license for at least one year. In addition to the one-year revocation of your license, your refusal to take a breathalyzer may harm your DWI case because it will be admissible evidence at your trial.

The law does offer suspected drunk drivers some protections. You are permitted to contact an attorney and select a witness to view the testing before you submit to the breathalyzer. Officers are required to wait up to thirty minutes for you to find a witness and seek out legal advice. At the end of that thirty-minute period, however, you must submit to the breathalyzer even if your witness or attorney has not arrived.

If you do refuse, there are two ways you may challenge the yearlong revocation of your driving privileges. First, you may argue that the officer did not have probable cause to stop you in the first place. This is a very difficult challenge because almost anything can create probable cause – even something as simple as forgetting to turn on your turn signal. Second, after six months of revocation you may request a limited driving privilege. This limited privilege may permit you to drive to work, school, and/or run simple errands. A limited privilege will only be granted if you have not had a prior DWI charge or breathalyzer refusal in the last seven years. You must wait a full year before you will regain all of your driving privileges.

In summary, refusing to submit to breathalyzer testing can have dire consequences. Your license will be revoked and your refusal to submit to testing could be evidence detrimental to your case. If you have been pulled over, remember that you are entitled to seek out legal advice before you must submit to blood alcohol testing. A qualified criminal attorney can help you choose the best course of action. Even if you have already been cited for drunken driving an experienced lawyer can help you determine the best way to proceed.