Justice for Victims in Raleigh: Car, Truck & Motorcycle Accidents and Sexual Abuse Claims Blog

Well, it finally happened- I’m officially a published author now (and editor!) The NC Lien Manual is now on the shelves, the one I edited and wrote chapters for and that was published by the North Carolina Academy of Trial Lawyers and Lexis. Before you think that I’m pitching my own product, you should know…

As the State Employee Health Plan gets makes more and more subrogation claims, we will find situations that have not been contemplated by the statute. One such situation would be where a client has not had legal representation, and a medical payments insurer makes payment directly to the SEHP before an attorney becomes involved. Here…

When an attorney is requesting a lien from Medicare, it is important to request the lien amount as soon as possible. I suggest that when you first “take in” a case you set up the Medicare lien request so that you don’t have to wait too long on the “back end”. Don’t worry if the…

My friend Roy Harmon from South Carolina (Health Plan Law Blog)posted an interesting article today about how “tort reform” has been successful in many states but now even businesses are beginning to feel the negative effects. Of course, those of us who practice trial law have know for years that it is easy to find…

Looks like the Attorney General of NC is revamping the NC Sex Offender online registry. The registry is often out of date, and I suppose some people think it is hard to navigate. This seems like a lot of money to spend on a website revamping, though I suppose the data base work is complicated,…

I never intended to be a writer. I really don’t consider myself a writer. I’m a speaker, and there is a difference. As a speaker, I can muddle through bad grammar, odd word placement, and misuse of terms and phrases by modulating my voice, raising an eyebrow, or using a great hand gesture. People speak…

When the changes to the State Employee Health Plan lien were enacted on October 1, 2006, the Legislature specifically exempted the SEHP from the $4,500 cap that is normally placed on medical providers collecting from wrongful death settlements. Specifically, the Wrongful death Act (N.C.G.S. § 28A-18-2(a) ) was amended to say: The limitations on recovery…

Just a quick post for anyone following the ongoing saga of the Ezell case in NC. Our Supreme Court denied the Motion for Rehearing on Friday, December 15th. You can view the depressing Order here. Here is the link to the posts on this Blog that discuss Ahlborn and Ezell. So what does it mean…

In North Carolina, pursuant to NCGS Chapter 1A Rules of Civil Procedure, Rule 8(A), when a Plaintiff files a lawsuit, the Plaintiff may not state a specific amount of relief sought other than to specify that the case seeks either less than $10,000.00 (District Court) or an amount exceeding $10,000.00 (Superior Court). Under Rule 8A(2),…

An update on the Peyton Strickland murder case from Wilmington, NC. Since I alst posted on this matter several important things have happened. First, the Deputy who killed Peyton Strickland was fired from the Sheriff’s department last Friday. The following Monday, the Grand Jury in New Hanover County indicted him on second degree murder charges.…