When you file a workers’ compensation claim, you go through insurance companies. Insurance companies focus on profits instead of people, especially when it requires them to pay out large amounts of money to settle your injury claim.

Because insurance companies focus heavily on protecting profits, they often deny claims when they shouldn’t. Unfortunately, so many claimants look at claim denial and consider it the final word. Before you accept the denial, know that you can file an appeal to seek the outcome you deserve.

Get a Lawyer to Help You

Before you attempt another go at your claim, be sure to speak with a lawyer about your options. In many situations, a denial occurs because of minor errors within the paperwork. A lawyer can help you prepare your documentation correctly and accurately, using extensive evidence to help improve your case.

If the insurance company attempts to use devious tactics against you to try and deny your claim, a lawyer can help combat them. Working with legal counsel helps safeguard your rights while putting together the necessary evidence to improve your chances of obtaining a more favorable result.

Claim Denials Can Be Cause for Concern – Don’t Panic

If you receive a denial from the insurance company, it’s easy to lose hope in your claim. Before you do, though, don’t panic. You can discuss the details of your case with a lawyer and learn the most effective ways to move forward favorably. You should also avoid accepting low settlements from insurance adjusters who are not looking out for your best interests.

At David & Associates, Attorneys at Law, PLLC, we know you have needs after a workplace injury. You never want to go through any concerning issue alone. Our Wilmington workers’ compensation attorneys are here to help guide you through the entire process, helping you understand your rights and pursuing the compensation you deserve.

Call our firm today at 910-251-8088 and get the representation you need!

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Losing any amount of income can threaten your financial stability. After a workplace injury, you may not know where your income will come from, but you have options. While you may obtain workers’ compensation benefits, the situation becomes a bit more complicated when you recover from your injury and can return to work.

In some cases, you can work again, but you may have restrictions. As a result, your employer may lower your wage based on your new position. This difference is often a cause of concern for many workers, but it’s crucial to recognize your options.

Call our firm at 910-251-8088 today.

Partial Disability Benefits

In North Carolina, workers have the legal right to pursue partial disability benefits through workers’ compensation. Benefits can cover partial disability benefits permanently or temporarily, depending on your injury’s severity. Here’s how partial disability benefits work:

• Temporary partial disability (TPD): An injured worker may recover temporary partial disability benefits if they can return to work at a reduced wage. Partial benefits only last a specific number of weeks. The claimant may recover two-thirds of the difference between their previous wage and their new income.
• Permanent partial disability (PPD): An injured worker may recover permanent partial disability benefits if they reach Maximum Medical Improvement and still cannot return to their previous position at a full wage. Each body part is assigned a scheduled rating that determines how much a person may recover and how many weeks they may receive benefits.

Working with a Wilmington Workers’ Comp Lawyer

At David & Associates, Attorneys at Law, PLLC, we’re well aware that workplace injuries are often devastating. They cause emotional, physical, and financial impairments for which you can never prepare. Our Wilmington workers’ compensation attorneys are ready to stand by your side.

We’ll work to help you understand your rights, file a claim on your behalf, and pursue the benefits you deserve. Trust that we know how to handle these cases, and we’ll work hard when you need us most.

For a free consultation, call our firm today at 910-251-8088.

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It is never easy to suffer a severe injury, but it’s often more devastating to do it in your place of work, where you expect to be safe. Unfortunately, countless work injuries occur each year, putting workers at risk of severe and long-lasting harm.

Not only must you endure your physical pain and emotional trauma after a workplace injury, but you must also deal with financial concerns. As such, you should be sure to file a workers’ compensation claim after you suffer harm. Workers’ compensation benefits are helpful — and often necessary — for numerous reasons, especially if you can no longer work because of your injuries.

Here are just a few of the benefits you can recover with workers’ compensation:

• Medical bills
• Travel expenses
• Lost income
• Death benefits

Call our firm today at 910-251-8088 if you suffer injuries at work and need to pursue workers’ compensation benefits.

Medical Bills

Any injury would require you to receive long-term medical care, including procedures, prescription medication, therapy, specialized medical equipment, and more. While you may have health insurance through your employer, workers’ compensation can help cover medical bills that your policy may not cover.

Typically, your workers’ compensation benefits will cover medical expenses that you may need to pay until you can return to work — either partially or in whole.

Travel Expenses

If you must travel to your doctor and other medical professionals to treat your injuries, workers’ comp benefits may reimburse you for your expenses. You can seek benefits for mileage, gas, and additional costs you endure traveling to and from your doctor appointments.

Lost Income

Unfortunately, when you suffer a workplace injury that prevents you from doing your job, you cannot earn the wage to which you became accustomed. Your expenses can start to add up quickly, and without pay each week or every other week, it can put you in a challenging situation. You need to be able to earn an income from somewhere.

Workers’ compensation benefits can cover a portion of your income for the duration of time you are out of work. While it may not be as much as you typically earn, it can help you financially cover many of your out-of-pocket costs.

Death Benefits

If the workplace accident results in your loved one’s death, laws allow workers’ compensation benefits to cover death benefits. These death benefits help cover the costs of funeral and burial expenses, lost guardianship, lost consortium, and more.

Typically, workers’ compensation insurance will pay death benefits to the decedent’s surviving spouse, children, or other dependents. Benefits can also cover two-thirds of the deceased employee’s average weekly wage to the decedent’s family.

Keep in mind, workers’ compensation claims can be complicated. It is not easy to handle workers’ comp claims alone, and it’s helpful to have a skilled and experienced advocate on your side. Choosing the right lawyer to help with every step of the process can give you confidence and peace of mind in pursuing the compensation you rightfully deserve.

At David & Associates, Attorneys at Law, PLLC, we put your rights as a worker first. Our goal is to provide you with the counsel you need to move forward effectively. You can trust our Wilmington workers’ compensation attorneys to help you understand your rights and options. We can help you build a solid case to file your workers’ compensation claim.

We’ll focus on your legal goals so that you can recover from your injuries. Trust that we’ll be your voice during the most challenging times, helping you take the proper steps after a workplace accident to safeguard your rights.

Call our firm today at 910-251-8088. We’re ready to pursue the justice and compensation you rightfully deserve after a workplace accident.

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As a driver, it’s on you to stay as safe as possible. While you can never fully predict another driver’s actions, you can do things on your own that help you avoid harm. Below, we’ll provide you with some essential defensive driving tips to help you whenever you get behind the wheel of your vehicle.

Always Give Enough Space

Never follow too closely to the vehicle in front of you. It’s nearly impossible to predict how they will react, and if you’re too close when the driver slams on their brakes, you can run into them at high rates of speed. The damage stemming from this type of crash can be catastrophic to you and the other driver.

Follow the Laws of the Road

Posted speed limits and traffic signs exist for a reason. They are designed to keep you safe. If you don’t follow the laws, the problems can go beyond getting a ticket. You can cause a severe collision that results in harm to you and others on the road.

Indicate Your Intentions

Whatever you call them—blinkers or indicators—they are there for you to use whenever you’re driving. You use them to indicate when you are going to merge lanes or turn. By using them, you give the driver behind you an idea of your intentions to avoid a crash. When you use your blinkers, you give other drivers a chance to slow down and allow you room to do what you’re going to do.

Avoid Any Distractions

No matter how comfortable you may feel, never drive with distractions present. Whether you have passengers in the car with you, receive a text, or like to listen to music, do everything you can to remove distractions. It’s easy for any distraction to lead to a catastrophic collision and subsequent harm.

Unfortunately, all the defensive driving tips in the world only work so much if other drivers are negligent. When someone else causes you to sustain harm in a crash, you can work with our Wilmington car accident attorneys at David & Associates, Attorneys at Law, PLLC to safeguard your rights. Our team will pursue the compensation you deserve when you need it most.

Contact us at 910-251-8088 today to learn more about your rights.

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In North Carolina, car accident claims follow an at-fault system that allows you to hold someone else accountable when they cause a crash and subsequent injuries. Because of this, proving causation is an instrumental part of showing liability.

Causation can be complicated, but you can look for specific signs after the crash when you know some of the significant causes of car accidents. Below, we’ll explain three leading causes of collisions and what you can do to protect your rights.

Distracted Driving

Distracted driving occurs in three different ways: cognitive, manual, and visual.

• A cognitive distraction keeps your mind and focus off driving.
• A manual distraction causes the driver to remove a hand from the steering wheel.
• A visual distraction causes the driver to look away from the road (e.g., looking at passengers).

When people think of distracted driving, most immediately think of texting and driving, which create all three forms of distractions.

Drunk Driving

We know how alcohol impacts a person: impaired vision and decision-making, issues with depth perception, and more. Unfortunately, when someone consumes alcohol and decides to drive, they may swerve between lanes, brake erratically, and create numerous dangers on the road.

Speeding

Even though most roads and highways have posted speed limits, not all drivers abide by the laws. They drive much faster than they should, creating potential hazards. Someone who is speeding may not have the time to stop when approaching traffic, and it may be easier to lose control. Unfortunately, speeding causes countless accidents each year.

If someone causes you harm in a negligence-related crash, our Wilmington car accident lawyers are here to help. At David & Associates, Attorneys at Law, PLLC, we handle everything from start to finish. Let us be your guide through complex legal matters to pursue the maximum compensation you deserve.

Call our firm today at 910-251-8088. We offer free consultations to give you answers when you need them most.

Posted in Car Accidents, Distracted Driving Accidents, Drunk Driving Accidents | No Comments »

If you suffer injuries in a car accident, the steps you take in the aftermath are crucial. In many situations, the shock and adrenaline of the crash can cause you to overlook some of the most critical steps, which is a mistake that can threaten your ability to file a claim or lawsuit.

Because of North Carolina’s at-fault laws, proving that the other driver was negligent and therefore responsible for your injuries is essential. Below, we’ll help you understand the most effective ways to build a strong case for compensation.

Here are some of the steps you should take after a car accident:

• Call our law firm to handle your case
• Exchange information as needed
• Report the accident to local authorities
• Take photos at the scene
• Seek medical attention

Call our firm today at 910-251-8088 and get a team with a strong reputation with experience to back it.

Call Our Law Firm to Handle Your Case

Don’t call insurance adjusters after a crash. Unfortunately, insurance adjusters work for large corporations that put money over people. They earn money from your monthly premium payments, but they’re not always willing to help when it comes time to pay out compensation. Instead, they delay, minimize, and delay claims, hoping you may accept whatever they offer you.

Exchange Information As Needed

Regardless of who is at fault, you want to exchange information with the other driver involved in the crash. The information you exchange should include driver’s licenses, contact information, and insurance policy information (name of the insurance company and policy number).

Your legal team can use the information you receive to start filing your claim. Provide our firm with this information once you contact us.

Report the Accident to Local Authorities

You may think the first call you should make is to your insurance company to file your claim, but this can do more harm than good. Instead, call local law enforcement and report the accident. Officers may come to the accident scene if there are injuries or significant property damage. Law enforcement officers can create an accident report to use for your claim, serving as helpful evidence.

Take Photos at the Scene

You should take photos at the accident scene because the evidence is fresh. Some of the pictures you can take include:

• The positioning of all cars involved
• The setting of the crash (showing signs of negligence, such as tire marks from braking)
• The damage to all vehicles
• The visible injuries you sustain

Photos can be helpful evidence in building a claim or lawsuit.

Seek Medical Care

The three steps above are things you can do at the scene of the accident. However, keeping your health a top priority is essential. It’s vital to your health and claim to get medical care soon after a crash. Even if you don’t feel your injury’s immediate impact, you may be dealing with latency issues. Getting medical care helps you start your treatment.

Medical care can also build a medical record to use within your claim and show how severe your injuries are. You can either go into a hospital or get care from a paramedic or EMT at the accident scene.

At David & Associates, Attorneys at Law, PLLC, we handle the claims-filing process for you. We don’t want you to feel vulnerable during an already challenging situation. As such, we work hard to help you through the process and negotiate with insurance adjusters to pursue the maximum compensation available to you.

Our Wilmington car accident attorneys have built a strong reputation representing the injured in our community. When you need someone on your side, trust that we’ve got your best interests in mind every step of the way. Let us give you a voice against negligent parties and large corporations.

Call our firm at 910-251-8088 today to speak with a skilled legal professional in a free consultation.

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Construction workers in North Carolina perform job duties that involve a range of different types of physical hazards. The risk of injury in the construction industry is higher than in other industries due to the physical nature of the work and the materials that are involved. Here are some of the most common workplace injuries that impact construction workers every day:

No. 1: Back injuries

Heavy lifting and repetitive motion can be a deadly combination for the spine. Back injuries are common on construction sites because workers are often required to carry heavy objects repeatedly. Falling from heights can also lead to serious back injuries.

No. 2: Head injuries

There’s a good reason everyone on a construction site is supposed to wear a hard hat. While workers are using equipment at heights, there is a risk of serious injury from falling objects. Even when headgear is worn, a heavy object falling from an extreme height could cause a concussion.

No. 3: Respiratory disease

There are still plenty of old buildings that contain asbestos, and construction workers can be exposed to it while it is being removed. Construction workers may also be exposed to other particles that can cause lung disease when they are inhaled.

No. 4: Hearing loss

Repeated exposure to extremely loud power tools and construction machinery can cause hearing loss. This construction-related injury happens slowly and gradually after many years of exposure.

No. 5: Muscle strains

Muscle strains are very common in the construction industry, and they are often caused by repetitive motion and poor lifting techniques. While not all muscle strains are severe, they all require rest in order to heal.

What to do if you have been injured on a construction site

Construction work is a physical job, so workplace accidents can place a financial burden on the injured worker and their family. If you were injured at a construction site, you may be eligible to receive financial compensation for your downtime through workers’ compensation insurance. A lawyer may be able to look at your case and help you to pursue the maximum compensation.

Posted in Brain Injuries, Catastrophic Injuries, Construction Accidents, Spine Injuries, Workers' Compensation, Workplace Injuries | No Comments »

• Are commercial truck accidents worse than most car crashes?
• How do I file a personal injury claim in North Carolina?
• How will the statute of limitations impact my personal injury claim in North Carolina?
• Motorcyclists face disproportionate risks on the highway
• Your Guide to Legal Assistance After a Car Accident in Wilmington, NC
• Brain Injuries
• Car Accidents

Posted in Car Accidents | No Comments »

The majority of car accidents in North Carolina are caused by driver error. However, the physical components of your vehicle can be just as vital as your driving skills. If something goes wrong with your vehicle when you’re on the road, defensive driving might not be enough to prevent an accident.

Why is it important to monitor your car’s critical systems?

Your vehicle’s critical systems are the important parts that keep your vehicle running properly. This includes the wheels, tires, and brake system. If any of these systems malfunctions when you’re on the highway, your car could stop, go off the road, or hit another person’s vehicle, causing a car accident.

For this reason, you should get your vehicle inspected and repaired on a regular basis. Even if your car is operating normally, it’s important to get potential issues fixed before they blow out while you’re on the highway. If you suspect that something’s wrong with one of your vehicle’s critical systems, take it to the shop as soon as possible. Getting your car fixed might be expensive, but dealing with a wreck is much more costly in many ways.

If one of your vehicle’s critical systems malfunctions while you’re on the road, try not to panic. Hitting the brakes could cause your vehicle to spin out of control. Instead, maintain as much control of the vehicle as possible and pull over to the side of the road. You might have to call for roadside assistance and get the car towed to the nearest body shop.

What may an attorney do for you after an accident?

If you’ve been the victim of an accident, the other driver may still be liable even if their vehicle malfunctioned. An attorney may assist you if you’ve been involved in a wreck with a car, truck, motorcyclist, or commercial vehicle. They may take legal action to help you receive financial compensation that covers your injuries and property damage.

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Drivers in North Carolina understand there is some risk of a traffic accident each time they climb into a vehicle. But both the frequency and seriousness of these accidents increase when drivers travel faster than the speed limit. Nationally, traveling at an unsafe speed is the principal reason for a fatal motor vehicle accident 27% of the time.

Speeding frequency

A driver guilty of speeding either travel faster than the allowable limit or driving at a higher speed than they should in the present road conditions. A recent study that clocked the traveling speed of more than 12 million vehicles found that nearly 70% of the drivers observed were guilty of speeding while traveling on a highway. The study determined that 20% of the drivers were guilty of speeding ten or more miles per hour over the speed limit.

Multiple studies have also demonstrated the impact speeding plays on the likelihood of a driver becoming involved in an MVA. The Georgia Highway Safety Association notes that speeding is an often-overlooked factor in many traffic accidents because other factors like the use of alcohol or distracted driving exist.

How speeding affects traffic accidents

The faster a vehicle travels, the less reaction time a driver will enjoy if it becomes necessary to respond to a road hazard. A faster-moving motor vehicle will also need more distance before it is possible to come to a complete stop than one traveling at a slower speed. And even when a speeding driver can avoid a collision with a vehicle or other road hazard, the chance exists that the driver will lose control of their vehicle.

The GHSA also explains that higher driving speeds can greatly increase the impact associated with a collision. For example, the accident impact will increase by more than 100% when the speed of a vehicle increases from 40 to 60 MPH.

An accident on the road can change the lives of everyone involved in a matter of seconds. Individuals who have suffered an injury or loss due to a motor vehicle accident may find the relief they need by speaking with a personal injury attorney.

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