It is possible to file a legal claim for injuries when you have been injured due to the negligence of a government agency under some circumstances, but this is a very qualified yes in most cases. The primary issue is the antiquated contributory negligence law used in...
Please watch our 3-minute video on elder abuse or scroll down to read the full article: Many families know that abuse of elderly patients in nursing homes is very common, and it often happens when no one is around to witness the incident. For this reason, many...
If you are 65 or older, or are eligible for Medicare due to disability, this is a factor which needs to be carefully considered before you enter into any agreement to settle your workers’ compensation claim. This is due to the fact that CMS, the Centers for Medicare...
When you are involved in a car accident in North Carolina, it is very important that you follow certain steps while still at the scene of the accident. Obviously, your safety and the safety of others around you is paramount, so consider that first before attempting to...
Everyone is aware of what can happen to children at a daycare center while their parents are working or occupied with other family affairs – anything can happen when a group of children is playing together. But, not everyone realizes that there are also daycare...
Being involved in an accident with a tractor-trailer rig is a harrowing and often deadly experience for many, and it is always a watershed moment in the life of any victim. No typical passenger vehicle is a physical match for a tractor-trailer or semi-truck, and the...
Being harmed by a product that was purchased for use or consumption is always frustrating for the consumer. If the harm was serious, many consumers want to know if there are any legal actions that they can take to recover damages. To instigate a successful product...
You may have heard something about Worker’s Compensation being your “exclusive remedy” if you are injured on the job – but what does this mean for you? In general, it means that with a few extremely limited exceptions, you will not be able to sue your employer or a...
Determining liability for a slip and fall accident is the most challenging part of the case. A person who was injured on someone else’s property must show that the landlord, property owner or business operator knew there was a problem or the potential for a problem...
Our Lawyers at Kellum Law Firm are seeing more and more cases of Workers’ Compensation on our books. It seems that when competition is tough, some employers will do whatever it takes to drive down the cost of their products, even if it means putting the health and...
If you take part in the JUUL class-action lawsuit, you are probably wondering what types of compensation you might receive for your injuries. While it is hard to know what the outcome of a class-action lawsuit will be, many times it awards more types of compensation...
North Carolina’s Workers’ Compensation Act covers two categories of work-related claims – occupational diseases and injuries by accident. Unfortunately North Carolina, as compared with most other states, takes a strict view of what constitutes an “injury by accident.”...
Contributory negligence can cause a whole lot of confusion in North Carolina. North Carolina is considered one of four states (the others being Maryland, Virginia, and Alabama), and the District of Columbia that observe this rule when determining the outcome of...
Workplace injuries occur far too often in North Carolina, and they involve a wide variety of types and severity. Among those injuries, back injuries are probably the most common long-term ramification injuries. Injuries can occur to any portion of the spinal area from...
The Covid-19 pandemic experienced across the planet is having a negative impact on elderly and disabled residents of Nursing Homes around the United States. To date, three states have forced nursing homes to accept Covid-19 patients from hospitals, fortunately, North...
With the increasing numbers of motorists, many of whom are constantly on their phones while driving, the number of auto accidents is on the rise on NC streets and highways. The age of smartphones has brought with it an increase in the number of auto accidents and...
When Is a Slip-and-Fall Injury Not My Fault and What Can I Do to Recover Compensation? There are strict laws when it comes to establishing fault in North Carolina personal injury cases. This article will help you understand when a slip-and-fall case is not your fault,...
Due to the lack of physical protection on a motorcycle, motorcycle accident victims often incur very serious physical injuries, even in relatively low-speed impacts. Establishing whether or not a person is entitled to recover financial compensation for their injuries...
Personal injury claims are filed with specific elements listed in the legal paperwork with respect to certain financial damage requests. Not just anything can be claimed in a lawsuit. Attorneys at the personal injury law firm handling the case must prove each element...
Auto accidents are a fact of life in the United States, and they are bad enough when everyone follows the rules and acts responsibly. But, this does not happen in every situation. Many times an irresponsible negligent party will cause an accident, lose all perspective...
Nearly all personal injury cases involve an act of negligence. North Carolina law defines negligence as an action or inaction by one party that leads to the harm of another party. The law further states that to prove that negligence occurred, the injured party must...
The average length of a semi-truck is 60 feet. Some carry up to 80,000 pounds as a load, plus their own weight. When you compare this to the average size of a car: 16 feet long and 3,800 pounds, you can probably imagine why trucking accidents often result in...
Comprehensive Guide to Filing a Personal Injury Lawsuit in North Carolina If you’ve been injured in an accident in North Carolina and are considering legal action, this comprehensive guide walks you through the steps of filing a personal injury lawsuit. From...
Everyone in North Carolina understands the Move Over law. The Move Over law requires that all moving vehicles move over into the next lane when passing an emergency vehicle that is on the side of the road. It also requires that all moving vehicles move over to the...
Many jobs come with certain working conditions that can create opportunities for injury in the workplace. Any workers’ compensation attorney understands workers comp attorneythis possibility. Anything can potentially happen at any particular time. But there are some...
Auto accident injury claims in North Carolina are routinely denied for the most part in almost every accident case when there is any question of fault in the mishap. Regardless of the serious nature of the injury to a claimant driver, any degree of individual fault on...
Pedestrian accidents are often serious injury situations because the victim has zero protection other than possible barriers on a roadway or sidewalk. And they assuredly happen under a wide variety of circumstances. One of those circumstances is when they occur at...
Workers’ compensation is a federally required workers’ insurance program administered by the states that provides benefits for both employees and employers. Injured employees are assured that they can receive immediate medical attention when being injured...
Senior elder abuse happens more often than many people realize, and the current healthcare climate of restricted visitation could well be making the situation worse. Those who are being cared for in their homes or someone else’s residence even have visitation...
Arbitration can be an effective method of alternative dispute resolution in some cases, but it is not necessarily designed to help in all situations. There are some advantages in certain instances, but typically the advantages of choosing mediation or actually going...
Employment comes in multiple forms across all industries, but most workers fall into two categories. They are either independent contractors or employees dependent on orders from the primary business generator and management. Although many businesses attempt to...
Parents typically want to think that their children are safe at school. Indeed, schools do present themselves as focused on student safety in all aspects ranging from a slip-and-fall accident to being involved in a playground fight with other students. Interaction...
KELLUM LAW FIRM – NEWS & RESOURCES Search for: How Will My Injuries Claim Be Impacted By The Outcome of A Criminal Case Against The Driver Of The Other Vehicle? Many accident injury cases are complicated. Not only are the material facts of the accident often...
Social media addiction is assuredly a major phenomenon in the United States, and North Carolina residents are no strangers to this trend. It has grown exponentially during the past five years as almost everyone has some sort of cyber visibility on social media...
Many drivers often do not consider how important good tires are on their vehicles, they commonly take tires for granted as long as the tread looks good from a distance. But, this is not the case for 18-wheel tractor-trailer rigs. How often have you been driving down...
Some of the most complicated accident injury cases stem from collisions involving Uber and Lyft passengers. This is due to multiple issues, but the primary problem is that both companies and their insurance providers work diligently in contesting claims against either...
Social media addiction is assuredly a major phenomenon in the United States, and North Carolina residents are no strangers to this trend. It has grown exponentially during the past five years as almost everyone has some sort of cyber visibility on social media...
When you have been involved in a trucking accident, it may seem like forever before the case is settled. These cases do have a tendency to take longer to complete than other personal injury cases, but there are very good reasons for this delay. Federal and State...
What Are The Facts Surrounding The Hernia Mesh Class Action Lawsuits? A number of lawsuits have been filed which are connected to the installation of a hernia mesh as a method of repairing physical damage to the tissue following the removal of a hernia. Hernias are...
Elmiron Class Action Lawsuit – What You Need To Know Modern medicine can be a wonderful thing when medications work as intended and exhibit minimal side effects or negative interactions with other drugs. Sadly, it is not uncommon for those taking multiple...
The commercial transportation industry in the United States is indeed one of the most regulated components of the economy. And the importance of the shipping industry cannot be overstated. Without the delivery of products to the marketplace, the country does not...
Everyone commonly understands that they can pursue financial compensation for injuries after being struck by a drunk driver, but few realize they can pursue damages against a business establishment or a social host if they have over-served the drunk driver before they...
At Kellum Law Firm, when we handle your personal injury, wrongful death, motorcycle, or truck accident with bodily injury, we also assist you with your property damage claim at no additional charge. We know that you need your vehicle repaired or replaced timely and at...
KELLUM LAW FIRM – NEWS & RESOURCES Should You Settle or Go to Trial in a Personal Injury Case? After a serious accident, one of the most important decisions you’ll face is whether to settle your personal injury case or pursue a trial. While many...
On April 9, 2020, a seven year old child in New Bern, NC was struck by a car and died from his injuries. Here is a link to the latest article: https://www.newbernsj.com/news/20200414/child-hit-by-car-thursday-dies The accident report reflects that the young child was...
JUUL Lawsuit Attorney – Facts Of Class Action Case Explained Search for: JUUL is one of many different types of e-cigarettes that are currently available on the market. These electronic nicotine delivery systems, or vaping devices, have been marketed as...
It is not uncommon for an insurance company to approach the injury victim as soon as possible after the event to “assess the situation” and “potentially close the case.” Perhaps an offer of settlement will be made, perhaps not. Perhaps an offer will be made which is...
Who Is Liable For Injuries Caused By A Defective Product? Search for: It happens all the time. You’re using a product, it breaks, and you sustain an injury. Often, the injury can be chalked up to user error. However there are other times where the product itself is...
Workers Legal Rights And Workplace Injury Claims Search for: Not all workplace injuries result in a trip to the ER. What rights do you have when your injuries are slow and progressive, like Carpal Tunnel Syndrome or other types of repetitive motion injuries? If this...
What Are the Rules Of the Road For Emergency Vehicles? Search for: When an emergency response vehicle is on its way to an emergency, its driver is allowed special privileges in order to get there as quickly as possible. Drivers of emergency vehicles including...
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