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Posts tagged "Legal advice"

Underinsured Motorist Insurance for NC Traffic Collision injuries

Underinsured Motorist Insurance for NC Traffic Collision injuries may provide coverage above the North Carolina minimum limits. In North Carolina the minimum insurance limit to drive is thirty thousand dollars per person.  If you have significant injuries or medical expenses that exceed one emergency room visit you may discover that if the defendant has minimum NC automobile insurance limits there may not be enough insurance available to compensate for your damages. Underinsured Motorist Insurance Underinsured Motorist Insurance is insurance above the minimum limits which pays for your compensatory damages when the defendant does not have enough insurance.  Underinsured Motorist Insurance can provide coverage in an amount between $50,000.00 and $1 million.  It is cheaper than liability insurance. You can arbitrate an underinsured motorist claim in NC.  Arbitration is an expedited type of trial to three attorneys rather than a jury.  It is typically cheaper, quicker and more reliable than some jury verdicts.  Finally, as resolving claims with your underinsured motorist carrier is your insurance, there is a first party duty of good faith, which requires your carrier to treat you correctly. If you have a significant claim that may result in a claim above the defendant's limits, call us to discuss what we can do to assist with your claim. what to do in an automobile collision Contact us to discuss your insurance coverage before your involved in an automobile collision or what we can do to assist with your case.

Add Medical Payments, Medpay, Coverage in North Carolina to your Auto Insurance Policy

Add Medical Payments Coverage, known as Medpay, in North Carolina to your Auto Insurance Policy.  Medpay coverage is cheap, no fault coverage that can be purchased to pay for lost wages and medical expenses in North Carolina.  Whether you have health insurance and need to pay for co-pays or have no health insurance medical payments coverage can be very beneficial. Medical Payment Coverage in NC Traffic collisions Some states provide no fault insurance for all automobile collisions.  In North Carolina we are not a no fault state.  Therefore in order to recover Medical Expenses or lost wages you must show that the other person was at fault and that you did not contribute to your own injury.  Medpay coverage is the exception in North Carolina. You can purchase additional coverage from your automobile carrier  called Medical Payment or Medpay that provides, regardless of fault, for reimbursement for medical payments or lost wages.  Even if you are at fault, hit by a deer or hydroplane in a storm, you can use medpay to pay for medical expenses or co-pays if you have medical insurance. If you are hit by another in a traffic collision you can use medpay to pay your medical expenses, pay your lost wages and prescriptions. What to do after an injury in a car crash Medical Payment coverage is sold in North Carolina at levels from $500.00 to $100,000.00.  Talk to your automobile Insurance Agent about adding Medpay coverage. Contact our office to discuss your case or discuss the use of Medpay or other automobile insurance coverage.

Injured Driving for Work? Report as workers' compensation?

Injured while driving for work? Should you report your injury as a workers' compensation injury or simply allow the case to be handled as a personal injury? Often its tricky to know whether to report your automobile accident case as a workers' compensation case as many people are concerned about their employer discriminating against them for getting injured while working.  

What to do after an Injury in a Car Crash in Eastern NC

Car Crash?  Injured?  Just not sure what to do next? Often our clients are just not sure what to do immediately after a car crash.  Injuries and emotions can get in the way of making good decisions.  Therefore, we have created a short check list for you.

Report your North Carolina Workers' Compensation Injury

In North Carolina an injured worker is required to report an injury at work to the North Carolina Industrial Commission within thirty days (30) of your injury and no greater than two (2) years of the date of your injury.  N.C. Gen.Stat. § 97-22. Injuries are reported on a North Carolina Industrial Commission Form 18.  The North Carolina Industrial Commission (NCIC) is the state agency that handles all workers' compensation claims, hearings and appeals. To report your claim, report your claim with a Form 18, informing the Industrial Commission and your employer of the nature of your injury, how the injury occurred and when the injury occurred. Why you should file a NCIC form 18 with Susan O'Malley

Coin Sized Button Battery Child Swallowing Danger: Parents Beware!

Button Batteries also known as coin cell batteries create a serious swallowing danger for children.  Unlike a coin, rock or small toy, if a button battery is swallowed by a small child it does not just pass through the body, instead it can cause serious and life threatening burns. Saliva immediately triggers an electrical current that causes a chemical reaction that can severely burn the esophagus in as little as two hours.  Once the burning reaction begins, it can continue even after the battery is removed. Coin battery in child's throat Coin battery in child's throat As batteries get smaller and are found inside remote controls, calculators, birthday cards and other small devices, these coin sized button batteries can be swallowed by children and stuck in the children's throats.  These devices sometimes are not designed correctly and the batteries can be too easily removed by children and then swallowed.  Severe burns, hemorrhaging and even death can result. Youtube: Joe Tunstall discusses the dangers of these batteries In 2010 alone, there were more than 3,400 swallowing cases reported in the U.S., according to Dr. Toby Litovitz, of the National Capital Poison Center. After ingestion of a button battery, the symptoms resemble those of the flu, including vomiting, fever, cough and lack of appetite. Data compiled from the National Poison Data System and the National Battery Ingestion Hotline, as well as a review of more than 8,600 swallowing cases and an analysis of recent medical literature, collectively explained how such accidents happen. In nearly 62 percent of cases, children under 6 are swallowing batteries they obtained directly from a consumer product. Nearly 30 percent find the batteries loose, while just over 8 percent get them from battery packaging. The danger of these coin sized batteries, both alkaline and lithium, is serious and the knowledge of the danger needs to be shared with the parents of all young children. The Battery Controlled is a campaign supported by Energizer, in partnership with Safe Kids Worldwide, to alert parents and other caregivers to the hidden danger of swallowing coin lithium button batteries. Visit their informational website at Battery Controlled or at safe kids button battery ingestion. If your child is injured due to ingestion of a coin sized button battery contact our office to discuss.  O'Malley Tunstall, PLLC or 800 - 755- 1987.

Fundraiser O'Malley Tunstall with Wags 4 Tags 2013 Eat.Bid.Drink

On November 3, 2013 O'Malley Tunstall will help host the Second Annual Wags 4 Tags Eat.Bid.Drink Fundraiser at On The Square Restaurant in Tarboro, NC.  Wags 4 Tags unites rescued dogs from kill shelters and trains them to be companion dogs with psychologically and emotionally impaired Veterans in North Carolina.  Please contact Wags 4 Tags at their website or at [email protected] for more information.  see Wags4Tags Wags 4 Tags is a great organization with an awesome mission statement:

Do you need an Attorney for Workers' Compensation in North Carolina

If you have been injured on the job while working in North Carolina you may need a lawyer to help with your claim for lost benefits and medical expenses. Our workers' compensation lawyers have handled numerous cases where employees were injured at work and have taken them to every level of appeal through the Industrial Commission and all the way to the North Carolina Supreme Court. Ask SuperLawyers: Do I need an Attorney for Workers' Compensation in North Carolina Please remember you must not rely upon your company to report your injury to the North Carolina Industrial Commission. You have a duty to complete a Form 18 yourself (Employees notice of Injury to the North Carolina Industrial Commission). If you have any questions about whether you should compete a Form 18 or how to obtain one from the North Carolina Industrial Commission please give us a call. Our attorneys are  involved in assisting injured workers with their rights after serious head injuries, herniated discs, neck injuries, back injuries, broken bones and injuries resulting in serious surgeries. Youtube: Joe Tunstall discusses the need for a work comp attorney in NC If you are a worker who was injured in an accident in your workplace, you may be entitled to receive Workers' Compensation benefits. Please report your on the job injury swiftly and to the correct person within your company. Often workers' compensation claims become complicated simply because of poor reporting of the injury itself. If you were involved in a car crash while working you may be entitled to both workers' compensation and personal injury recoveries. In order to recover for both, often an attorney may assist by negotiating the workers' compensation liens or having a hearing in front of a resident superior court judge pursuant to statute to have the workers' compensation lien reduced or extinguished. If you were seriously hurt on the job by the negligence of another you may want to discuss your claims immediately. Compensable workplace injuries include most back or hernia injuries, regardless of the cause, other injuries such as broken bones or injuries to the joints caused by accident and occupational diseases such as black lung, brown lung and other diseases peculiar to a certain industry. Your rights after a workplace injury are narrowly defined by the General Statutes; however, a large body of case law has developed explaining these statutes. At O'Malley Tunstall we speak with injured workers quite often that may not need an attorney to resolve their issues. If we can assist you, we will not hesitate to put you in touch with the correct person at the North Carolina Industrial Commission. Attorney for Workers' Compensation in North Carolina The North Carolina Department of Labor promotes the health, safety and general welfare of over 4 million workers at over 238,000 businesses in this state. Whether you suffer from physical, emotional, mental disabilities or occupational-related disease, your employer provided insurance should give financial support. The laws require that your employer, or your employer's insurance company, compensate you, or your family, for injuries or death that occur during the performance of your job. Under the Workers' Compensation program, you may be entitled to benefits that include:

Witness statements and medication side effects must be considered in Social Security Disability Hearings says Federal Judge

Recently Joe Tunstall successfully argued a Social Security case that had been worked on by Susan O'Malley and Amos Waranch in front of  Federal District Court Judge Terrence Boyle who found that an Administrative Law Judge (ALJ) hearing Social Security Disability cases must take into account witness statements and medication side effects when deciding permanent restrictions.  Boddie v. Colvin 4:12 CV 221 Judge Boyle determined that the ALJ erred when failing to even discuss the testimony of third parties and explain why the testimony was or was not given weight.  Judge Boyle used a case that Susan O'Malley had argued before him in 2005 called Hines v. Barnhart (upheld by the 4th Circuit) to determine that the vocational expert must be given a hypothetical that clearly sets out all the claimant's impairments and cannot merely "pick and choose" the what information will be asked of the expert. This case is ongoing and could, like Hines v. Barnhart, be appealed by the Government. Personal Injury Attorney -- Joe Tunstall Injury Lawyer -- Joe Tunstall

Evidence in a social security disability, SSI or DIB Claim: Non-treating non-examining physician opinions are not good

Non-treating non-examining physician opinions are not good evidence in a social security disability claim. Social Security Disability Specialist -- Susan O\'Malley In most Social Security disability cases, the Social Security Administration uses medical consultants to review the record and issue opinions about a claimant's functioning at the initial and reconsideration levels of review. These physicians typically do not examine or treat the claimants, and base their opinions upon a review of medical records only. Social Security Disability application is stronger with a good letter from your doctor Federal Courts have ruled that "the opinion of a non-treating, non-examining physician based upon only a review of the record cannot constitute substantial evidence to support a finding of non-disability." Smith v. Schweiker, 795 F.2d 343, 348 (4th Cir. 1986).  A determination by a state agency non-treating non-examining physician can be substantial evidence, but only when it is "consistent with the record." Smith, 795 F.2d at 345 (citing, Kyle v. Cohen, 449 F.2d 489, 492 (4th Cir. 1971)).  More recently, the Eastern District of North Carolina affirmed those rules of law in Mathis by Mathis v. Shalala, 800 F.Supp. 461, 463 (E.D.N.C. 1995).  In general, greater weight is accorded to the opinion of an examining physician than a non-examining physician. Jamerson v. Chater, 112 F.3d 1064, 1066 (9th Cir. 1997); Ortega v. Chater, 933 F.Supp. 1071, 1074 (S.D. Fla. 1996)(citing Lamb v. Bowen, 847 F.2d 698 (11th Cir. 1998)); see also, SSR 96-6p. These laws can be important to your disability case because a non-examining non-treating physician will not know as much about your condition as your doctors. You do not get to discuss your condition with these doctors and they do not get to see how credible your pain or disability is for themselves.  In almost every disability case, these medical consultants review your records and issue opinions. Often, these opinions are the only items of opinion evidence available in a case, and they frequently underestimate the functional effects of a claimant's impairments and symptoms. The Federal Court opinions regarding how much weight a non-treating non-examining physician should be given reaffirm the value of a treating physician opinion to your disability case. When you have applied or are thinking about applying for disability, it is very helpful to talk to your treating doctors, psychiatrists, and other providers about whether they will support your disability application. By getting your treating physician to detail why you are disabled, you provide the judge with opinion evidence that is often contrary to the opinions of the medical consultants. As explained in the law cited above, when there is an opinion that is contrary to the medical consultants opinion, the medical consultants opinion cannot be used as substantial evidence to support a finding of non-disability. If you have any questions about treating source opinions, medical consultant opinions, or anything else regarding Social Security disability, please contact us.

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