Practice Areas
Personal Injury - Auto Accidents
Cases arising out of automobile accidents are by far the most common type of Wilmington, NC personal injury case in our court system today. This is not surprising, given that every 10 seconds, someone in the United States is involved in a car accident, according to the National Highway Traffic Safety Administration. Generally, people who operate automobiles must exercise "reasonable care under the circumstances." A failure to use reasonable care is considered negligence. A person who negligently operates a vehicle may be required to pay for any damages, either to a person or property, caused by his or her negligence. The injured party, known as the plaintiff, is required to prove that the defendant was negligent, that the negligence caused the accident, and that the accident caused the plaintiff's injuries. If you have been involved in a motor vehicle accident, you must not hesitate to seek legal counsel from a personal injury attorney experienced in automobile accident cases in order to best protect your interests.
Many times, insurance companies give the public the impression that handling automobile accident claims is a simple matter that does not require the assistance of an attorney. Insurance adjusters are trained to reduce the recoveries of people who are uneducated in handling these types of claims. The only way to make sure that you get fair compensation for your injury is for you to have an attorney who is well prepared and will fight for your rights. Otherwise, you will find yourself at a significant disadvantage in fairly resolving your claim.
Insurance companies often want to take a recorded statement of an unrepresented person so that they can obtain information that can be used against that person. The insurance company will down-play any damage done to the vehicles and assert that there is no way that someone could sustain a personal injury based on such a "minimal" impact. The insurance company will often hire expert witnesses to testify that a person was not injured in a specific automobile collision. The bottom line is they will do everything they can to deny or delay paying on any claim. Our job is to work hard to prevent this from happening.
How do we do this? We know the tactics insurance company lawyers use to try to deny and delay paying on a claim. We urge you call the Overholt Law Firm, PC for the experience that you need to help you get fair compensation. Initial consultation is free. Contact us at 910-798-5900 or toll free at 800-381-9120 or by e-mail.
Workers’ Comp
Workers' compensation exists to provide benefits for employees who have been injured on the job. People that have suffered a work related injury might be entitled to receive workers' compensation for the injuries they have endured. The workers' compensation benefits may include payment of medical expenses; compensation for lost wages; and payment for a permanent injury. In addition, workers' compensation can be paid to an employee's dependents if they die from a work-related injury or disease.
Work related injuries typically covered by workers' compensation include:
- Neck, back, and knee injuries
- Carpal tunnel/repetitive stress injuries
- Hearing problems
- Work-related emotional or psychological problems
- Work-induced heart attack or stroke
- Occupational diseases, such as cotton-dust disease, asbestosis and dermatitis
- Asthma, or other work related lung or breathing conditions
- Loss of use of limbs
- Reflex sympathetic dystrophy
- Chronic pain syndrome
- Eye injuries
- Accidental death
Never assume that the employer or the insurance company cares about your injury or if you receive fair compensation for it. The employer and the insurance company have many attorneys who know the workers' compensation system available to them who will work against you. Level the playing field by using the Wilmington, NC workers' compensation attorney's at Overholt Law Firm, PC, which can help you get the medical care and compensation you deserve. Contact us at 910-798-5900 or toll free at 800-381-9120 or by e-mail.
Dangerous Drugs
Most of us take prescription and over-the-counter medications at some point in our lives. We trust that the drugs our doctor prescribes or that we buy off the drugstore shelf will help make us well. We also trust that the companies who sell these drugs ensure that they are safe before they are ever sold to the public. Unfortunately, that's not always the case.
The Federal Food and Drug Administration is under constant pressure from drug manufacturers to approve drugs quickly, which in many cases proves to be premature. Many prescription drugs that undergo FDA review are given "fast track" status, which greatly reduces the time it usually takes to get drugs approved. Often, the end result is drugs are approved before all the side effects are noticed and can ultimately do much greater harm than good.
If a drug company markets a medication that is unreasonably dangerous for its users, it may be liable for injuries and damages caused by the use of that product.
Some of the more popular drugs that have been identified as dangerous include: Fen-Phen, Baycol, Rezulin, Vioxx, and Resirdal.
Baycol
Baycol is a "statin" cholesterol lowering drug that has been associated with a rare condition called, rhabdomyolysis. This condition results causes contents of muscle cells to be released into the bloodstream, which can cause kidney damage, aches, weakness, vomiting, and nausea. This drug is under voluntary withdrawal from the market.
Rezulin
Rezulin is used in the management of Type II Diabetes. This drug has been associated with liver toxicity and the U.S. Food and Drug Administration has asked the makers to remove the drug from the market.
Vioxx
Vioxx is a prescription medicine used to relieve signs and symptoms of arthritis, acute pain in adults, and painful menstrual cycles. On September 30, 2004, Merck & Co., Inc. announced a voluntary withdrawal of Vioxx (rofecoxib) from the U.S. and worldwide market due to safety concerns of an increased risk of cardiovascular events (including heart attack and stroke) in patients on Vioxx.
Respirdal
Respirdal (respiridone) is an anti-psychotic that disrupts the communication among the nerves in the brain. It blocks dopamine and serotonin receptors and is thought to possibly be contributing to brain toxicity.
We hope that the work we do not only gets compensation for our injured clients, but forces drug companies to do everything they can, to make sure the drugs they sell are safe. If you think you or a loved one has been injured by dangerous drugs, contact the Overholt Law Firm, PC at 910-798-5900 or toll free at 800-381-9120 or by e-mail.
Please contact the Overholt Law Firm, PC today for further information about our firm and how we can help you.