What do I do after an accident?

April 25, 2023|

If you have been involved in an accident, dealing with insurance companies can be daunting. Many people find themselves overwhelmed and stressed by the process. However, some general tips can help you navigate the process and negotiate a fair settlement.

The first and most crucial step is to notify your insurance company immediately after the accident. You should provide them with all relevant information about the accident, including any injuries or property damage. You should also keep detailed communication records to describe any interactions with the insurance company clearly.

Your communication must be careful when dealing with the other party’s insurance company. It would be best not to admit fault or agree to any settlement offers without consulting with your attorney first. The other party’s insurance company may try to contact you directly, but it is best to direct them to your attorney to avoid any misunderstandings or miscommunications.

Getting a comprehensive assessment of your injuries and damages is also essential. This can help you determine an appropriate settlement amount and provide evidence to support your claim. Ensure to keep all records of medical treatment or repairs needed and related expenses, such as lost wages or property damage.

Hiring a personal injury attorney can also be highly beneficial in dealing with insurance companies and settlement negotiations. An experienced attorney can help you navigate the complex insurance claim process, negotiate with the insurance company on your behalf, and protect your legal rights and options. At Shipman & Wright, our attorneys have assisted clients for over 45 years on their rights in Wilmington, NC.

Keeping records of all expenses and damages related to the accident is also crucial. This includes medical bills, lost wages, property damage, and other out-of-pocket costs. Detailed records will help you make a case for a fair settlement and ensure you are compensated for all the expenses and damages you incurred due to the accident.

Finally, being patient and persistent in your negotiations with the insurance company is important. Insurance companies may try to delay or deny your claim or offer a low settlement amount. However, you can increase your chances of success if you are organized, informed, and proactive in pursuing a fair settlement.

In conclusion, dealing with insurance companies and settlement negotiations after an accident can be difficult and stressful. However, by following these general tips, you can confidently navigate the process and increase your chances of achieving a fair settlement. Remember to notify your insurance company, be careful in communicating with the other party’s insurance company, get a comprehensive assessment of your injuries and damages, consider hiring an attorney, keep records of all expenses and cracks, and be patient and persistent in your negotiations.

What is a greenstick fracture?

April 19, 2023|

A greenstick fracture is a type of bone fracture that typically occurs in children. This is because thesisn’s bones are more pliable than adults’, making them more susceptible to this type of fracture. Greenstick fractures occur when the bone bends and cracs, but doesn’t completely break. Instead, the bone may be partially or wholly bent or twisted like a green stick.

Greenstick fractures can occur in any bone in the body, but they are most commonly seen in the forearm. Symptoms of a greenstick fracture can include pain, swelling, tenderness, and limited range of motion in the affected area. A healthcare professional typically diagnoses greenstick fracture using X-rays or other imaging testRegardings of a legal claim, whether or not you have a claim for a greenstick fracture will depend on the circumstances surrounding the injury. If you were injured in a car accident, for example, and another driver’s negligence caused the accident, you may be able to pursue a personal injury claim against that driver. This may allow you to recover damages for your medical expenses, lost wages, pain and suffering, and other losses.

However, if the greenstick fracture occurred due to your own actions, such as falling while playing sports, it may be more difficult to pursue a legal claim. In any case, it’s essential to speak with an experienced personal injury attorney who can evaluate the specific circumstances of your case and advise you on your legal options.

It’s worth noting that greenstick fractures can be challenging to treat, particularly if they are severe. Treatment may involve immobilizing the affected limb with a cast or splint, and may require several weeks of rest and physical therapy to fully heal. In some cases, surgery may be necessary to realign the bone and ensure proper healing.

If you or a loved one has suffered a greenstick fracture, it’s important to seek medical attention right away. Once your immediate medical needs have been addressed, it’s a good idea to consult with a personal injury attorney to discuss your legal options and determine whether you may be entitled to compensation for your injuries.

What are some tax disputes in North Carolina?

April 12, 2023|

In North Carolina, tax disputes can arise in various areas, such as:

Income Tax Disputes: Taxpayers may dispute the amount of income tax they owe to the state, either due to a difference in interpretation of tax laws or discrepancies in their tax returns.

Sales and Use Tax Disputes: Businesses may challenge the state’s interpretation of sales and use tax laws, including disputes over whether certain transactions are taxable or exempt.

Property Tax Disputes: Property owners may challenge the assessed value of their property, which is used to calculate the amount of property tax they owe.

Employment Tax Disputes: Employers may dispute the amount of unemployment insurance taxes they owe or the classification of their workers as employees or independent contractors for tax purposes.

Excise Tax Disputes: Excise taxes are imposed on specific goods or services, such as gasoline, alcohol, and tobacco. Disputes may arise over the amount of excise tax owed or the classification of a particular product or service subject to excise tax.

Suppose you are facing a tax dispute in North Carolina. In that case, it may be helpful to seek the advice of a tax professional or attorney familiar with North Carolina tax laws and regulations.

Hair Straightening Chemicals Associated With Higher Uterine Cancer Risk

April 6, 2023|

A new study by researchers at the National Institute of Environmental Health Sciences (Read Here) has found that women who use hair straightening products may be at a higher risk of developing uterine cancer. The study, published in the International Journal of Cancer, surveyed over 46,000 women aged 35-74 years and followed them for an average of 8.3 years to identify the potential link between hair products and cancer.

The researchers found that women who used hair straightening products were 30% more likely to develop uterine cancer than those who did not use them. The study also found that the risk increased with the frequency and duration of use of these products. In addition, the chemicals in the hair straightening products, specifically those containing formaldehyde and keratin, were linked to the increased risk of cancer.

Formaldehyde is a known carcinogen linked to several types of cancer, including leukemia and nasopharyngeal cancer. On the other hand, Keratin is a protein commonly used in hair products to strengthen hair and make it look smoother. However, some keratin-based products may also contain formaldehyde or other chemicals that can harm human health.

The study also found that women who used hair dyes and chemical relaxers did not have an increased risk of uterine cancer. However, the researchers caution that more research is needed to understand these products’ potential health effects fully.

The findings of this study are significant because uterine cancer is the fourth most common cancer in women worldwide, and the incidence rate has been increasing in recent years. The study suggests that women should be cautious when using hair straightening products and that regulatory agencies should consider additional safety measures for such chemicals.

In conclusion, this study adds to the growing evidence suggesting that some hair products may be linked to increased cancer risk. Women who use hair straightening products should be aware of the potential health risks and consider alternative hair styling methods or safer products. More research is needed to understand the hehair products’ health effects and develop safer alternatives.


What are some kinds of business dispute cases that go to trial?

March 27, 2023|

Some common business disputes that could go to trial in North Carolina include breach of contract, partnership disputes, intellectual property disputes, securities fraud, employment disputes, and disputes over business ownership or control.

However, new business disputes may also arise with the constantly changing business landscape and the impact of technology and digital transformation. For example, disputes related to data breaches, cybersecurity, and privacy issues may become more prevalent. Additionally, as the economy shifts and new industries emerge, disputes related to emerging areas such as fintech, biotech, and artificial intelligence may also arise, leading to novel legal challenges and conflicts.

It is important to note that the types of business disputes that go to trial in North Carolina or any other state can vary depending on various factors, including changes in the law, economic conditions, and business practices.

Chemical Hair Straightener Issues

March 17, 2023|

Chemical hair straighteners, also known as hair relaxers, have been popular for women seeking straight, smooth hair. These products use strong chemicals such as sodium hydroxide, ammonium thioglycolate, and guanidine hydroxide to break down the natural curl pattern in the hair. However, while these products may deliver the desired result, they pose significant health risks.

One of the potential health risks of chemical hair straighteners is scalp burns. The chemicals used in these products can cause chemical burns on the scalp, which can be incredibly painful and even result in permanent hair loss. In addition, the scalp, neck, and facial skin can also become irritated or inflamed due to the harsh chemicals used in hair straighteners, leading to discomfort and potentially more severe skin issues.

Chemical hair straighteners also have the potential to weaken the hair and make it more prone to breakage. Overuse of these products, or leaving them on the hair for too long, can lead to brittle, damaged hair that is more prone to breaking or splitting. Additionally, when used in poorly ventilated areas, the fumes from hair straighteners can be inhaled, leading to respiratory problems such as coughing, wheezing, and shortness of breath.

Increased cancer risk may be the most concerning potential health risk associated with chemical hair straighteners. Certain chemicals used in hair straighteners, such as formaldehyde, have been linked to an increased risk of certain types of cancer. Given the potential severity of this health risk, taking great care when considering chemical hair straighteners is essential.

It is essential to follow the instructions carefully when using chemical hair straighteners and consider the potential health risks before using them. Alternative methods such as hot combs, flat irons, or natural hair care techniques may be safer for a straightened hairstyle. Ultimately, it is essential to prioritize your health and well-being when choosing hair care, and to be mindful of the potential risks associated with any hair treatment product.

What are the Recent Changes to the FMLA?

March 10, 2023|

Recently there has been an update to the Family and Medical Leave Act (FMLA) in the United States. It discusses how telework arrangements during the COVID-19 pandemic have impacted FMLA leave and clarify the employer’s obligations under the law. It also examines a recent case involving a retaliation claim under FMLA and how it can impact employers. Finally, the article provides practical guidance for employers to navigate FMLA requirements and avoid potential legal liabilities.

What is constructive discharge?

March 7, 2023|

Constructive discharge is a serious issue that can have significant consequences for employees and employers. When an employer creates an intolerable working environment that forces an employee to resign, it violates their rights as an employee. In addition to the emotional toll such an experience can have on an employee, it can also lead to financial hardship if they cannot find work quickly. This is why it is essential for employees who believe they have been constructively discharged to seek legal advice from an experienced employment lawyer.

To prove constructive discharge, the employee must show that the working conditions were so intolerable that a reasonable person would have felt compelled to resign. This can be difficult to prove, as the employer may argue that the conditions were better than the employee claims. However, with the help of an experienced employment lawyer, the employee can gather evidence and present a compelling case.

Employers must avoid creating an environment that could lead to constructive discharge. This includes addressing complaints of harassment, discrimination, or other forms of misconduct promptly and effectively. Employers should also ensure employees can access the resources to do their jobs effectively, such as proper training, equipment, and support.

If an employee does resign due to intolerable working conditions, the employer may face legal action. This can include a lawsuit for wrongful termination or a complaint to a government agency such as the Equal Employment Opportunity Commission (EEOC). In addition to legal consequences, employers who create a hostile work environment may suffer reputational damage and a loss of employee morale.

In conclusion, constructive discharge is a serious issue that can have significant consequences for employees and employers. Employees who believe they have been constructively discharged should seek legal advice from an experienced employment lawyer. At the same time, employers should ensure they are not creating an intolerable working environment. By working together, employers and employees can create a workplace that is safe, productive, and free from harassment and discrimination.

Why its important to seek help after an accident

March 7, 2023|

It is essential to seek medical attention after an accident, even if you feel fine, because many injuries sustained in accidents may not be immediately apparent. In addition, seeking medical attention can help you identify any injuries or medical conditions that may have been caused or worsened by accident and receive prompt treatment for those injuries.

Here are some reasons why seeking medical attention after an accident is essential:

Identify hidden injuries: Some injuries, such as concussions, whiplash, or internal bleeding, may not be immediately apparent. A medical professional can help identify these injuries and recommend the appropriate treatment.

Prevent delayed symptoms: Symptoms of some injuries may not appear until hours or even days after an accident. You can help prevent delayed symptoms from worsening by seeking medical attention immediately.

Document injuries: Medical records from a healthcare provider can help document the injuries you sustained in the accident. This documentation can be helpful if you need to file a claim with an insurance company or pursue legal action.

Receive appropriate treatment: Seeking medical attention can help you receive proper treatment for your injuries. Treatment may sometimes include pain management, physical therapy, or even surgery.

Please ensure you’re safe: Seeking medical attention can help ensure you are safe and not at risk of further harm from the accident.

In summary, seeking medical attention after an accident is essential to identify hidden injuries, prevent delayed symptoms, document injuries, receive appropriate treatment, and ensure safety.

What are the risks of malnutrition in nursing homes?

February 27, 2023|

Malnutrition in nursing homes can have serious consequences, including weight loss, muscle weakness, impaired wound healing, increased risk of infection, and cognitive decline. Dehydration can lead to confusion, weakness, dizziness, and kidney failure. These conditions can significantly impact a resident’s quality of life and overall health.

Nursing homes are responsible for ensuring their residents receive proper nutrition and hydration. This includes providing a balanced diet that meets individual dietary needs and preferences, monitoring food and fluid intake, and addressing any barriers to adequate nutrition and hydration. Nursing home staff should also be trained to recognize the signs of malnutrition and dehydration and to take appropriate action.

It is essential for families of nursing home residents to be aware of the risks of malnutrition and dehydration and to advocate for their loved one’s nutritional needs. In addition, they should regularly communicate with nursing home staff and monitor their loved one’s food and fluid intake. Nursing homes, families, and healthcare providers can help prevent malnutrition and dehydration in this vulnerable population by working together.

What are some types of machine accidents

February 24, 2023|

Many types of machinery accidents can occur on a job site, including:

  1. Caught-in or caught-between accidents occur when a worker gets caught between two pieces of machinery or between a piece of machinery and a stationary object, such as a wall or post.
  2. Struck-by accidents occur when a worker is struck by a moving piece of machinery or by a flying object that has been ejected from the machinery.
  3. Equipment malfunctions: Machinery can malfunction due to improper maintenance, design flaws, or manufacturing defects, which can cause serious accidents and injuries.
  4. Electrical accidents: Electrical machinery and equipment can pose a risk of electrocution, especially if they are not properly grounded or maintained.
  5. Overturning accidents: Heavy machineries, such as cranes and forklifts, can tip over and cause serious injuries or fatalities.
  6. Entrapment accidents: Workers can become trapped in machinery if proper safety guards and locks are not in place, which can cause serious injuries or even death.
  7. Fires and explosions: Machinery that runs on fuel or electricity can pose a risk of fire or explosion if not properly maintained or operated.
  8. Falling object accidents: Workers can be injured by falling objects being moved or lifted by machineries, such as cranes or hoists.

Employers need to provide proper training, safety equipment, and machinery maintenance to minimize the risk of accidents and injuries on the job site. Additionally, workers should always follow safety protocols and procedures when operating or working near machinery to help prevent accidents.

Repetitive Motion Injury

February 22, 2023|

If you have had a repetitive motion injury at work, it is best to consider hiring a lawyer to help you with your case. Repetitive motion injuries can occur over a long period, making it difficult to pinpoint the exact cause of the damage. In addition, some employers may dispute the claim, arguing that the injury is not work-related or the result of a pre-existing condition.

Here are some specific situations where it may be necessary to get a lawyer involved in a repetitive motion injury case and your employer denies your claim:

  • If your employer disputes your workers’ compensation benefits claim, a lawyer can help you navigate the legal process and ensure you receive the benefits you deserve.
  • You are not receiving adequate medical treatment: If you are not receiving appropriate medical treatment for your repetitive motion injury, a lawyer can help you find a doctor specializing in treating these types of damages and ensure you receive the medical care you need.
  • Your employer does not provide accommodations: If your employer refuses to provide accommodations, such as modified work duties or ergonomic equipment, to help you prevent further injury, a lawyer can help you take legal action to ensure that your employer complies with the law.
  • You cannot return to work: If your repetitive motion injury prevents you from returning, a lawyer can help you navigate the disability benefits system and ensure you receive the benefits you are entitled to.
  • You are being harassed or discriminated against: If your employer or coworkers are harassing or discriminating against you because of your repetitive motion injury, a lawyer can help you take legal action to stop the harassment and discrimination and obtain compensation for any damages you have suffered.

Seeking legal advice if you have suffered a repetitive motion injury at work is essential. An experienced lawyer can help you understand your rights and ensure you receive the compensation you deserve.

What is Alternative Dispute Resolution?

February 18, 2023|

One increasing trend in personal injury law in North Carolina is using alternative dispute resolution (ADR) to resolve disputes outside of the courtroom. ADR methods such as mediation and arbitration offer a way to resolve legal disputes more quickly and efficiently than going to trial, which can be costly and time-consuming.

More North Carolina personal injury cases, have been settled through ADR methods in recent years. In mediation, a neutral third party helps the parties negotiate a settlement agreement that is acceptable to all parties. In arbitration, a neutral third party acts as a judge and decides the case’s outcome, which is typically binding.

One reason for the increasing trend in ADR is the recognition that it can provide a more efficient and cost-effective way to resolve disputes. Mediation and arbitration typically take less time and cost less than going to trial. This can be particularly important in personal injury cases, where the injured party may need compensation quickly to pay for medical bills and other expenses.

Another reason for the trend is the increasing backlog of cases in North Carolina courts. In addition, the COVID-19 pandemic has caused delays in court proceedings, exacerbating the backlog. As a result, more parties are turning to ADR to resolve their disputes more quickly and efficiently.

Overall, the increasing use of ADR in North Carolina personal injury law is a positive trend that benefits all parties involved. By resolving disputes outside of the courtroom, injured parties can receive compensation more quickly, and defendants can avoid the cost and uncertainty of a trial.

Nursing Home Issues- What is a pressure ulcer?

February 17, 2023|

A pressure ulcer is a severe medical condition that can cause significant pain and discomfort for the individual affected. These injuries can also lead to complications such as infection, sepsis, and death. Unfortunately, pressure ulcers are a common problem in nursing homes, where residents may be bedridden or have limited mobility.

The development of pressure ulcers is a complex process influenced by several factors, including the duration and intensity of pressure, the individual’s skin condition, and overall health status. When pressure is applied to the skin for an extended period, it can cause the blood vessels in that area to collapse, leading to a decrease in blood flow and oxygen delivery to the tissues. The tissues can become damaged without sufficient blood flow, leading to a pressure ulcer.

Friction and shearing forces can also contribute to the development of pressure ulcers. Pulling the skin in different directions can cause the tissues to tear and become more vulnerable to injury. Individuals with limited mobility are particularly susceptible to these types of damages, as they may be unable to adjust their position or move around to relieve pressure on specific body areas.

Preventing pressure ulcers in nursing homes requires proper care and attention from staff members. Regular repositioning is essential to relieve pressure on the skin and promote blood flow to the affected areas. In addition, skin inspections can help identify early signs of pressure ulcers, such as redness or irritation. Specialized cushions and mattresses can also be used to redistribute pressure and prevent the development of pressure ulcers.

When nursing homes fail to provide proper care and attention to their residents, pressure ulcers can develop, and these injuries can be a sign of nursing home negligence. Neglectful behavior, such as failing to reposition residents regularly or providing adequate cushions or mattresses, can lead to pressure ulcers. Therefore, itrsing homes need to provide a safe and healthy environment for their residents, including proper care to prevent the development of pressure ulcers.

How does House Bill 814 impact NC insurance holders?

February 8, 2023|

In 2019, North Carolina passed a new insurance law, House Bill 814, that changed the state’s insurance regulations. The bill aimed to increase transparency in the insurance market, improve consumer protections, and encourage competition among insurance companies.

One significant provision of the bill was the creation of a new database for insurance complaints and inquiries. The database would allow consumers to easily search for information about insurance companies and agents, including any complaints filed against them. This was intended to increase transparency and help consumers make informed decisions when choosing an insurance provider.

Another bill provision required insurance companies to provide more detailed information about the coverage they offer, including the limits of liability, exclusions, and deductibles. This was meant to help consumers better understand the coverage they are purchasing and make it easier for them to compare policies from different insurers. The bill also changed the regulation of insurance adjusters and established new requirements for continuing education. This was aimed at ensuring that adjusters have the knowledge and skills necessary to handle claims properly and represent the interests of consumers.

Overall, the changes made by House Bill 814 were intended to increase transparency, protect consumers, and promote competition in the North Carolina insurance market. These reforms were seen as a positive step forward for insurance regulation in the state.

What are the elements of a personal injury claim?

February 1, 2023|

The elements of a personal injury claim based on the negligence are:

  • Duty of care: The defendant had a legal obligation to act with reasonable care towards the plaintiff.
  • Breach of duty: The defendant failed to fulfill their duty of care by acting carelessly or recklessly.
  • Causation: The defendant’s breach of duty caused the plaintiff’s injury.
  • Actual damages: The plaintiff suffered actual harm or injury as a result of the defendant’s actions.
  • Proximate cause: The defendant’s breach of duty was a direct and foreseeable cause of the plaintiff’s injury.

What is the Federal Estate Tax?

January 31, 2023|

The federal estate tax is a tax imposed by the U.S. government on the transfer of the estate of a deceased person. The tax is levied on the value of the estate above a certain exempt amount.

It’s important to have a seasoned tax attorney that can help you navigate some of the particulars of the federal estate tax such as:

  • The complexity of the tax laws and regulations.
  • To ensure compliance with the tax laws and minimize liability.
  • To maximize exemptions and deductions available.
  • To plan for efficient transfer of assets and minimize tax liability.
  • To represent the estate in any tax disputes with the government.

What is example of a breach of duty

January 15, 2023|

An example of breach of duty in personal injury law is when a driver runs a red light and crashes into another vehicle, causing injury to the occupants of that vehicle. The driver has a legal duty to follow traffic laws and drive with reasonable care, and by running the red light, they have breached that duty and are responsible for any injuries caused as a result.


How do you plan for a divorce?

December 22, 2022|

Divorce is a significant life change. Preparing and planning for this life change is essential. Adjusting your finances is something you’ll need to do. With new expenses, there may be opportunities to save. The following steps could help those considering divorce.

  • Build up a financial cushion
  • Develop a budget
  • Readjust your financial goals
  • Take advantage of your employee benefits
  • Find a good financial advisor
Our firm handles many types of family law, and we’re here to help. So please reach out to us if we can help. Contact us today.

What is Joint Custody?

September 24, 2021|

Joint custody involves sharing parental responsibility for the child. In North Carolina, no laws limit where parents with joint or sole custody can move with their children. In addition, the law does not define joint custody versus sole custody; instead, these terms are generally defined within the separation agreement or custody order. Child custody refers to a parent’s authority to care for their child during a divorce. A court can assign these powers between spouses as joint custody or only one parent in sole charge.

Dividing these rights is understandably complicated, and couples should avoid trying to arrange these issues by themselves. Instead, lawyers need to be involved in assessing the child’s best interests are being met and not forgoing any of their fundamental rights.
These disputes do not have protracted, nasty fights. On the contrary, most couples agree that working together in a child custody agreement makes the divorce a lot less stressful.

How do you plan for a divorce?

May 6, 2021|

Divorce is a significant life change. Preparing and planning for this life change is essential. Adjusting your finances is something you’ll need to do. With new expenses, there may be opportunities to save. The following steps could help those considering divorce. 

  • Build up a financial cushion
  • Develop a budget
  • Readjust your financial goals
  • Take advantage of your employee benefits
  • Find a good financial advisor
Our firm handles many types of family law, and we’re here to help. So please reach out to us if we can help. Contact us today.

What is a Certified Check?

March 11, 2021|

A certified check is a check for which payment is guaranteed by the issuing bank. A certified check shows sufficient funds in the account to meet the amount for which the check was drawn.
Although not totally foolproof against scammers, certified check fraud is a real thing. Scammers can create fake-looking certified checks that look incredibly authentic and legitimate. If a customer deposits a fake certified check, the bank will reverse the deposit as soon as the fraud is uncovered. If there are insufficient funds, the customer will be responsible for paying back the deficiency. The only recourse for the customer would be against the person or company that issued the fraudulent check.
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