Charlotte, NC Workers' Compensation Lawyers

Car accidents happen every single day. However, if you are involved in a car accident with no insurance, it can complicate the situation. Many clients come to us asking, I was involved in a car accident with no insurance—what now? It is common to experience confusion and overall stress if this happens to you. But Mehta and McConnell, PLLC, is ready to help get you on the right track. North Carolina Car Insurance Requirements In North Carolina, drivers are legally required to have car insurance. The minimum amounts of liability car insurance include: $30,000 bodily injury coverage per person per accident; $60,000 total bodily injury coverage for multiple individuals injured in one accident; and $25,000 property damage coverage per accident. These minimum amounts can be used to compensate individuals for injuries and property damage resulting from a car accident. Additionally, North Carolina requires car insurers to include uninsured and underinsured motorist insurance. Uninsured motorist insurance helps protect drivers if they are involved in an accident with an individual that is totally uninsured, and underinsured motorist coverage kicks in when the at-fault party has insufficient coverage. Are There Penalties for Driving Without Insurance? North Carolina has a unique system for assessing penalties for driving without car insurance. The penalty will depend on prior convictions. Penalties usually include: First Offense: $50 civil penalty, $50 reinstatement fee, and possible probation for 1-45 days. Additionally, your registration can be suspended for 30 days. Second Offense: $100 civil penalty, $50 reinstatement fee, jail time or probation for 1-45 days. Registration could be suspended for 30 days. Third and Subsequent Offenses: $150 civil penalty, $50 reinstatement fee, jail time or probation for 1-45 days. Registration could also be suspended for 30 days. Having the minimum insurance required by law is the best way to avoid any repercussions.  North Carolina Is an At-Fault State When it comes to car accidents, some states are fault states while others are no-fault states. In an at-fault state, the person responsible for the accident is liable for the damages resulting from the accident. Therefore, determining who was responsible for causing the accident can greatly affect the outcome. What Happens If You Were at Fault for the Accident? Every accident is different, but if you are driving without insurance and cause a car accident, you are liable. Because you do not have insurance to protect you, you will generally be financially responsible for the other driver’s expenses, including medical bills and property damage. Dealing with car accident claims and lawsuits can be challenging, but a car accident attorney will be your best ally. What Happens If You Were Not at Fault for the Accident? If you were driving without insurance but were not at fault for the accident, you can file a claim against the at-fault driver. You are able to file a claim with their insurance company to receive compensation for your injuries and property damage. You are also able to file a lawsuit against the responsible party. If you plan to file a lawsuit against the other driver, it is important to keep in mind that there is a three-year statute of limitations to do so. Contributory Negligence Determining who is truly at fault for an accident is not always an easy task. In some instances, both parties share some of the responsibility for the accident. North Carolina operates under a doctrine of contributory negligence. This doctrine essentially states that an injured party is not allowed to recover for their losses if they were partially at fault for the accident. Therefore, if the other party is even minimally responsible for the accident, they are barred from recovering.  If you are involved in a car accident without insurance, the doctrine of contributory negligence can have a significant impact on the outcome of your case. Do not hesitate to consult with a qualified North Carolina car accident lawyer. Discuss Your Case with a North Carolina Car Accident Attorney Mehta & McConnell, PLLC, is a brand new firm run by two knowledgeable and highly skilled attorneys. Our lawyers have a background in defense work, giving them the unique perspective they need to successfully represent injured clients. We are dedicated to every client and strive to provide top-quality legal representation. Contact us today to schedule your free consultation.

The immense pain of losing a loved one is amplified when their death is caused by the actions of another. While monetary compensation cannot bring a loved one back, it can help ease the financial burdens experienced with their passing. If your loved one has died at the hands of another, Mehta and McConnell, PLLC., is ready to help get you the financial recovery you need and deserve. What Is a Wrongful Death Claim? The North Carolina wrongful death statute states a wrongful death is “when the death of a person is caused by a wrongful act, neglect, or default of another…” Wrongful death typically arises when a loved one’s death is caused by another individual or entity’s act, omission, or neglect.  After someone’s death, the personal representative of that person’s estate can file a wrongful death lawsuit to recover compensation for the death. If there is a will, the personal representative is often named in the will. If the victim died intestate, or without a will, the court can appoint a personal representative to handle the victim’s estate. Who Can Receive Compensation for a Wrongful Death Lawsuit? Not just anyone can recover financially for the death of another. Typically, only the victim’s heirs can recover from a wrongful death lawsuit. The victim’s personal representative is the only individual allowed to file a wrongful death lawsuit, and they do so on behalf of the victim’s family. The compensation received from a wrongful death lawsuit will go to the victim’s estate. The personal representative can use some of the funds to pay for expenses of bringing the wrongful death action and any outstanding burial or medical expenses. A court distributes the remainder of the money among the victim’s heirs. Heirs are those who would stand to inherit if the victim died without a will, usually meaning spouses, children, parents, or siblings, depending on the circumstances. Damages Available for Wrongful Death Claims in North Carolina After a loved one’s death, certain relatives can seek damages to cover expenses and suffering related to the decedent’s untimely passing. Wrongful death damages can include: Medical expenses; Lost income and benefits; Funeral expenses; The victim’s pain and suffering; Loss of consortium; and Loss of companionship. In some cases, you may also seek punitive damages. Punitive damages are a special type of damages the law uses to punish and deter defendants. If the defendant’s malicious or willful conduct caused the death, punitive damages may be granted. In many instances, damages can be challenging to calculate. A wrongful death attorney will thoroughly review the details of the case to determine what damages are owed.  How Are Settlements for Wrongful Death Determined? Putting a dollar amount on a person’s life is extremely difficult to do. However, in wrongful death claims, a calculation must be made to determine how much recovery is reasonable. To calculate fair wrongful death compensation, courts give a lot of weight to the following criteria: The age of the victim; The victim’s health at the time of death; The victim’s income at the time of their passing; The victim’s earning capacity; Overall value of lost benefits; Medical bills incurred; Funeral and burial expenses; and Ages and needs of the victim’s surviving dependents.  Your wrongful death attorney will review these very specific details to help determine a just wrongful death lawsuit settlement amount. They will also use evidence and documentation to support their conclusion. North Carolina Wrongful Death Statute of Limitations While financial recovery can slightly ease the pain of losing a loved one, you may lose the right to receive any compensation if a wrongful death claim is not filed in time. In North Carolina, the statute of limitations for wrongful death lawsuits is two years from the date of the victim’s death. If you fail to file your lawsuit within the two-year period, you will more than likely lose your right to recover any sort of compensation. Secure your right to recovery after a loved one’s death. Seek the help of a wrongful death lawyer as soon as possible. Consult with a North Carolina Wrongful Death Attorney Mehta and McConnell, PLLC., is a newly formed partnership with a combined thirty years of experience. Our firm aims to provide top-quality legal representation for clients in need. We understand the frustrations that come with a loved one’s death, and we are standing by and ready to help. We offer free consultations. Contact us today, and let’s begin working on your case.

Workplace injuries can happen anywhere. Even in an office, injuries can occur. With that said, some workplaces are more dangerous than others. Working around heavy machinery is particularly dangerous.  Heavy equipment accidents can cause severe injuries, more so than other types of accidents. This page will discuss a few of the most common causes of heavy machinery accidents, along with some best practice tips for workplace safety around heavy equipment. If you have any questions about common types of heavy equipment accidents or are in need of a workers’ compensation lawyer, our experienced team is ready to fight for you and get you the compensation you deserve. Contact us today to get started. Common Causes of Heavy Machinery Accidents The most common causes of heavy equipment accidents at work correspond with the most common causes of all workplace accidents. According to the National Safety Council (NSC), the three most common causes of workplace injury in the United States are: Overexertion and bodily reaction; Falls, slips, and trips; and Contact with objects or equipment. According to the NSC’s research, these three accident causes account for 84% of all nonfatal injuries in the workplace each year that cause employees to miss at least one day of work.  Overexertion and Bodily Reaction Overexerting yourself while working with heavy equipment can easily cause an injury. Working with heavy equipment may include lifting parts of that machinery. If you overexert yourself in such a situation and drop a piece of machinery, you can easily injure yourself in many ways. Overexertion can also cause fatigue, which presents a clear danger when working with heavy machinery. If you are tired or drowsy while operating a piece of heavy machinery, it is easy to make a mistake. Operating heavy equipment improperly can easily cause malfunctions that can injure you. The same applies if you aren’t working directly with the machinery itself. For example, if you are a spotter for a crane, a fatigued crane operator could easily strike you with the object they are carrying.  Slips, Trips, and Falls A slip and a fall around heavy equipment is just as dangerous as overexertion. You might slip on the ground while someone is operating heavy machinery close by. In such an event, you could fall into or under the equipment. If the equipment is in motion and you fall while it is coming in your direction, you could easily end up crushed. Even though it sounds relatively innocent in many situations, a slip and a fall while working around heavy equipment could easily cause a fatal injury. Contact with Objects and Equipment Contact with objects and equipment is likely the most common cause of heavy machinery injuries. For example, when working with heavy equipment that does any sort of sawing or cutting, physical contact with the wrong part of the machinery can cause serious injury instantly. These types of injuries can easily cause enough damage to make you miss work for a significant period of time. Best Practices for Avoiding Heavy Equipment Injury in the Workplace The best way to avoid any heavy equipment injury is a multifaceted approach.  Be sure to observe your workplace’s safety policies at all times; Always use personal protective equipment (PPE) and ensure that your PPE is in proper working condition; Only operate or work around heavy equipment that you are properly trained to work with; and Maintain awareness of yourself and your surroundings at all times.  If you are fatigued and unable to safely operate machinery, or your PPE isn’t working properly, tell your supervisor. Saying “I’m fine” when you aren’t is a potentially fatal mistake when you work with heavy machinery. What to Do If You Are in an Accident with Heavy Machinery Even if you follow all relevant safety protocols, there is always the risk of accidents. Heavy machinery is dangerous; there is no way around this fact. If you suffer an injury during an accident with heavy machinery, Contact Mehta & McConnell today. At Mehta & McConnell, our board-certified workers’ compensation attorneys have over 30 years of combined experience helping injured workers. Whether your case is relatively simple or very complex, we have the experience necessary to help you recover. If you suffer a workplace injury, you deserve compensation. Contact us online today for a free case review, or call us at  980-446-3301.