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North Carolina Trial Law Blog

Trials, liens, technology and changes to the law.
By Chris Nichols

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Last Entry: April 01, 2011 at 13:06:07

Lawyers and iPhones

Posted on August 08, 2008
I've recently switched over to using the iPhone as my primary wireless device. I'm posting this directly to the blog from the iPhone. The photo was taken with the iPhone last weekend at the zoo. That is a baby elephant...

NC Trial Law Blog hits 30,000 views

Posted on June 25, 2008
Well, the world's ugliest law blog has hit 30,000 unique visitors after a little less than 2 years of operations. Not bad for a blog concentrating on one of the more boring topics in the world: liens and subrogation. Here...

How does Medicaid interact with medical payments insurance?

Posted on April 30, 2008
I received a good question today and thought I would share my thoughts on the issue. The question concerns Medicaid and "med pay". In NC, Medicaid gets 100% of med pay (first party) insurance proceeds. The problem is that quite...

Law Suit Crisis in NC? Not even close, malpractice refund check "in the mail"

Posted on March 11, 2008
As a personal injury lawyer in the state capitol, Raleigh, I hear a lot of "complaining" by physicians about "crazy lawsuits." I always tell them (many of whom are friends) that malpractice lawsuits in North Carolina are either declining or...

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Contributory Negligence in NC: why comparative won't raise insurance rates

Posted on March 04, 2008
Contrubutory Negligence is an issue that people don't know or care about, until they face the problem themselves. Basically, in NC, even if you are hurt by someone else's negligence, if the other person can prove you are just a little bit to blame for your injury, you are barred from any recovery...

NC Arbitration and Prejudgment Interest: New COA case allows award

Posted on January 31, 2008
We've had a great decision published by our North Carolina Court of Appeals which finally clarifies the issue of prejudgment interest on Underinsured and Uninsured Motorist Arbitrations in North Carolina. The gist of the problem was that the while the Uniform Arbitration Act provides that arbitration Awards can be reduced to judgments and filed as judgments, AND judgments in North Carolina are subject to prejudgment interest at 8% per annum, the insurance policies were not clear as to whether pre-judgment interest was covered under the policy...

New Video

Posted on January 19, 2008

Allstate Pays Millions to Hide the Truth of Unfair Claims Practices

Posted on December 20, 2007
Looks like Allstate is willing to pay $2.4 Million dollars to hide their claims practices: Allstate won?t produce records despite $25,000-a-day fineBy JOE LAMBEThe Kansas City Star Allstate Insurance Co. lawyers made this clear Tuesday to a Jackson County judge: They will not produce key records for public view no matter how much he fines them...

NC Court of Appeals Upholds Ban on Sexual Predators in Public Parks

Posted on October 03, 2007
N.C. COURT OF APPEALS Where the right to intrastate travel is a "right of function," the right to enter public parks is not encompassed by either the fundamental right of travel or the right to intrastate travel. We affirm the trial court order upholding the defendant-town's ordinance, which prohibits registered sex offenders from knowingly entering any public park owned and operated by the town...

Raleigh Personal Injury: Lawyers Paying Bloggers to "testify"

Posted on September 14, 2007
Because I run a business that is, in part, dependent on advertising, I check out Google searches to see where my firm "places" in the Google rankings. While looking through some of the "top hits" I found a local Raleigh firm "recommended" by a Blogger...

New Lawyers Seminar Materials: NC Personal Injury Lawyer Checklist

Posted on September 13, 2007
I had a great time speaking to the New Lawyers at the North Carolina Academy of Trial Lawyers today. I promised to post the supporting materials and you can download the Personal injury Checklist here: Download final_pi_check_list.pdf Good luck to all of you...

Handy age calculator

Posted on September 12, 2007
For those of you who are like me and get confused calculating birthdays and age, I've found a nifty little age calculator. I'm always second guessing myself on when a minor becomes an adult and how that figures into Statute Of Limitations. In NC, a minor's statute of limitations does not begin until their 18th birthday, and then runs for the same number of years an adult would enjoy...

Converting Documents to PDF files

Posted on September 07, 2007
Now that the legal world is moving toward a "paperless" approach to things, I get some questions about the best ways to convert documents into PDF files. Most states moving to "paperless filing" require documents to be submitted in PDF format...

Medicare will no longer cover hospital mapractice costs and could eliminate liens

Posted on August 20, 2007
I read an interesting newspaper article over the weekend by Robert Pear for the New York Times News Service. Read the article here. Another good version of the article can be read here. The article says that the Bush administration "will no longer pay the extra costs of treating preventable errors, injuries and infections that occur in hospitals...

Allstate Pleads Guilty to Criminal Charges

Posted on August 07, 2007
A friend forwarded me a great article by a columnist who writes for a Philadelphia newspaper. It exposes some of the horrible practices that I've noticed over the years by one of America's largest insurers, Allstate. Some of Allstate's practices are so extreme that I've had Allstate adjuster say to me "I know this case is worth more, but this is all I'm authorized to pay...

Could prisoners escape ERISA claims for subrogation?

Posted on July 16, 2007
The WorkPlaceProf Blog has posted an interesting case which has some very minor posisbilities of being a "nose under the tent" in NC to avoid ERISA liens. Basically, the case cited from the US Supreme Court has allowed a state to trump ERISA in order to "take" money away from a retirement plan for a prisoner to pay for his "stay" in prison...

Great video on the myths of "Tort Reform": Mr. Fancy Pants

Posted on July 12, 2007
This is a great YouTube video on the issue of "Tort Reform." The video does a great job showing how giant corporations have twisted and distorted the truth about law suits in America simply to poison jury pools. They do this so they can continue to deny responsiblity for wrong doing, and basically "save a buck" at the expense of injured people who have done nothing to cause their own injuries...

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