For many people traumatized in auto accidents, the recovery process can be complicated by financial concerns and anxiety about the future. The Law Offices of Richard Flexner can protect your rights and represent you in the justice system, and to insurance companies and others involved in the compensation process. Richard Flexner is a North Carolina trial attorney with more than 25 years of experience in serious injury and wrongful death cases.
To us, every client matters, and we work hard for the people we represent. We serve the residents of Wilmington, New Hanover County, Wrightsville Beach, Oak Island, Brunswick County, Kure Beach, Pender County, Carolina Beach, Columbus County, Burgaw, Southport, Bladen County, Elizabethtown, Bolivia, Whiteville, and throughout North Carolina.
The goal of the justice system is to protect the rights of personal injury victims and the families of those who have died and return them to some semblance of the life they led prior to the accident. Our goal is to get the injured person and their family the maximum possible settlement or award. While no amount of money can fully compensate a seriously injured person, by receiving monetary compensation in the form of "damages," the personal injury victim's anxiety about medical bills, employment, rehabilitation, and the future can be relieved.
The National Highway Traffic Safety Administration (NHTSA) reported more than 6 million motor vehicle crashes in 2004. Property damage was the most frequently reported result of these accidents; however, an estimated 2 million people were injured and 38,000 lives were lost in automobile accidents last year. Those injured and killed include:
Accidents that were caused by reckless or negligent actions entitle the victims to file a civil suit against the parties at fault for the event. The plaintiff (claimant) files a lawsuit against the party that caused the injury (defendant). In order for the plaintiff to recover damages, a skilled attorney must prove the critical elements of negligence:
If negligence is proven, the defendant must pay the plaintiff monetary "damages" that may include consideration for present and future loss of earnings, medical expenses and pain and suffering.
While insurance is designed to address a car wreck victim's financial issues by providing relief in the form of payment for lost wages, medical costs and other impacts of an accident, it is important to remember that insurance is a business. Like any business, the goal is to make a profit. Insurance companies are so anxious to settle a claim with minimal impact to their bottom line that they have a team of adjusters, investigators and attorneys whose job is to minimize the amount of money paid to accident victims. The insurance adjustors represent their employer's best interests, so it makes sense for you to be represented by someone concerned with your best interests. It is interesting to note that insurance companies pay far more money in cases where the victim is represented by a lawyer.
The Law Offices of Richard Flexner is dedicated to protecting the rights of our injured clients in cases involving serious personal injuries and wrongful death. We take the time to listen to our clients and respond to their needs, because a serious injury affects both the injured person and their entire family. If you or a loved one has been injured in a car accident caused by another party, please call 1-800-FLEXNER or 910-794-3221, for your free legal consultation. You may also contact us through our online form.
According to the Bureau of Transportation Statistics, more than 40 million adults rode a bicycle within the past 30 days. Bicycling is considerably safer than other modes of transportation and provides proven health benefits to the cyclist. Unfortunately, every year more than 1,000 bicyclists are involved in police-reported crashes with motor vehicles in North Carolina. Children and young adults are the most frequent victims; however, adult cyclist accidents are on the rise. Bicyclist fatalities account for 2 percent of all traffic fatalities, as well as 2 percent of all traffic injuries.
If you or someone you love has been injured or killed in a bicycle accident, you may be entitled to compensation. Under the law, we each have a duty to act as a reasonable person would be expected to act in similar circumstances. Those who cause injury, property damage or death by their negligent actions are legally obligated (liable) to make good for the damage or losses they have caused. Rich Flexner of The Law Offices of Richard Flexner is a North Carolina trial attorney with over twenty-five years experience in personal injury and wrongful death cases including bicycle accident cases.
We serve the residents of Wilmington, New Hanover County, Wrightsville Beach, Oak Island, Brunswick County, Kure Beach, Pender County, Carolina Beach, Columbus County, Burgaw, Southport, Bladen County, Elizabethtown, Bolivia, Whiteville, and throughout North Carolina. Whether we're negotiating a fair settlement or fighting for our personal injury and wrongful death clients in the courtroom, we are equipped to help ensure a successful outcome for our clients.
In 2000, the North Carolina Department of Transportation's Division of Bicycle and Pedestrian Transportation (DBPT) reported that 46% of all North Carolina households own bicycles. An estimated 80% of households in the state with four or more members own bikes. A bicycle has the legal status of a vehicle in North Carolina and cyclists have full rights and responsibilities governing motor vehicles on the roadway. A Reportable Accident is an accident or collision involving a motor vehicle that results in either a death or injury, or total property damage of more than $1,000. In 2003, North Carolina had over 900 bicycle crashes - and these are just the reported ones. One of the top ten crash types occurs when a motorist fails to yield to a bicyclist when making a right turn. Other traffic risks to bicyclists come from reckless, belligerent or blindsided motorists; swinging car doors; and jaywalking pedestrians. Bicyclists have also been injured due to poor roadways and railroad crossings and by poor design, construction or repair of the bike. In situations where an injurious accident occurs due to mechanical failure, the manufacturer and their entire sales chain may be held liable for a cyclist's injuries.
While it is impossible to assign a cost to pain and suffering, or lives lost, the law allows a jury to determine the amount of compensation to award in personal injury and wrongful death cases. A qualified attorney who possesses the education, sharp legal skills and demonstrated experience is invaluable to preparing a successful claim. Your attorney should be able to clearly present their recommendations and explain the potential outcome of the decisions you make. The Law Offices of Richard Flexner is proactive in identifying and responding to client needs. We understand that our clients are experiencing a traumatic time in their lives and we take pride in offering a responsive, respectful and results-oriented approach to each case.
If you or a loved one has been involved in a bicycle accident, it is important to contact us today to protect your rights. Contact The Law Offices of Richard Flexner today at 1-800-FLEXNER or 910-794-3221, for your free legal consultation. You may also contact us through our online form.
We all love to be on the water, in a boat or on a jet ski. Unfortunately, boat and jet ski accidents are common. The most common type of accident on the water is a collision with another water craft. Other causes of injury are slip and falls, reckless watercraft operation, intoxicated water craft operation, craft malfunctions and inexperienced water craft operators. The owner and operator of a boat have a duty to exercise the highest degree of care in order to prevent injuries and death to others.
Accidents on the water involve complicated areas of law ranging from diversity jurisdiction to state and federal conflict of law issues. It is important to have experienced counsel on your side in such cases.
The Law Offices of Richard Flexner is dedicated to protecting the rights of our injured clients in cases involving serious personal injuries and wrongful death. We take the time to listen to our clients and respond to their needs, because a serious injury affects both the injured person and his entire family. Please call 1-800-FLEXNER or 910-794-3221, for your free legal consultation. You may also contact us through our online form.
Rich Flexner of The Law Offices of Richard Flexner is a North Carolina trial attorney with more than 25 years of experience in a wide range of matters involving serious personal injuries and wrongful death. To us, every client matters.
We take the time to listen and respond to our clients' needs. We work hard to ensure that each client gets the maximum possible settlement or award for their injuries. We serve the residents of Wilmington, New Hanover County, Wrightsville Beach, Oak Island, Brunswick County, Kure Beach, Pender County, Carolina Beach, Columbus County, Burgaw, Southport, Bladen County, Elizabethtown, Bolivia, Whiteville, and throughout North Carolina.
In North Carolina and across the nation, motorcycle enthusiasts are taking to the road in record numbers, and the 90 percent surge in sales since 1997 attests to the bike's popularity. The U.S. Department of Transportation's National Highway Traffic Safety Administration (NHTSA) reported more than 16,000 injuries and 3,000 motorcycle-related fatalities in 2002 (the highest number to date).
It is a harsh reality that cyclists are three times more likely than motorists to be killed on the road. Doctors report that most motorcycle injuries involve the spinal cord and extremities, while head injuries cause the majority of deaths. Orthopedic surgeons in Level One Trauma Units describe serious musculoskeletal injuries, open fractures and head trauma associated with motorcycle accidents. Though helmets have proven very effective in preventing fatal injuries to cyclists and improving safety, helmet use among riders has plunged nationwide.
Manufacturers, wholesalers, and retailers can be held liable for defective or dangerous products. An example of a manufacture-related problem with motorcycles is "over braking" of the rear wheel and "under braking" of the front, which make it difficult to avoid collision and make the ability to counter steer and swerve essentially absent. Other causes of mishaps have included the manufacturer's failure to provide adequate warning about how to operate the machine safely, or to properly educate operators about the intrinsic dangers in motorcycling. Insufficiently maintained property and roads may also be contributing factors to some accidents.
The Law Offices of Richard Flexner can help you prove cases that include:
The Law Offices of Richard Flexner takes pride in providing representation that is professional, results-oriented and responsive. If you have been in a motorcycle accident, or are a surviving family member of a motorcycle-related fatality, you may be entitled to damages including medical care, lost wages and other compensation. Contact The Law Offices of Richard Flexner today at 1-800-FLEXNER or 910-794-3221, for your free legal consultation. You may also contact us through our online form.
The Nationwide Personal Transportation survey reports that approximately seven percent of all trips are made by walking. In urban areas that estimate increases to more than fifty percent. Whether exercising, commuting or walking from the car to the grocery store, every adult has been a pedestrian at one time or another. In 2003, 4,749 pedestrians died nationwide. Older adults and young children are especially vulnerable. Those who cause injury or loss of life must be held accountable for their negligence or careless actions that injure or kill innocent pedestrians. Victims and the families of those killed in motor vehicle-pedestrian accidents have the right to file suit against the negligent parties for compensation for medical, rehabilitative services, pain and suffering, lost wages, and the loss of enjoyment of life.
If you are a pedestrian injured in an accident or have lost a loved one in a pedestrian-vehicle event, you should protect your rights by seeking counsel from an experienced personal injury attorney who knows North Carolina law. Experienced legal help available can make a difference. Rich Flexner of The Law Offices of Richard Flexner is a North Carolina trial attorney with over twenty-five years experience in personal injury and wrongful death cases.
We serve the residents of Wilmington, New Hanover County, Wrightsville Beach, Oak Island, Brunswick County, Kure Beach, Pender County, Carolina Beach, Columbus County, Burgaw, Southport, Bladen County, Elizabethtown, Bolivia, Whiteville, and throughout North Carolina. Whether we're negotiating settlements or fighting for clients in the courtroom, we understand the negative consequences of pedestrian accident cases and are able to help ensure the most just compensation for our clients.
In 2000, the North Carolina Department of Transportation's Division of Bicycle and Pedestrian Transportation (DBPT) reported 66% of adult respondents had walked on the previous day and forty-four percent had walked for 30 minutes or more. Twenty-percent of all adult respondents reported walking as part of their daily work commute. In North Carolina about 2,200 pedestrians are involved in police-reported crashes with motor vehicles. Between 150 and 200 of those crashes proved fatal to the pedestrian and an additional 500 walkers were seriously injured. Nationwide, motor vehicles are involved in involved in approximately 3.5 million hit-and-run accidents annually and one out of every 5 pedestrian deaths is the result of hit-and-run incidents.
If you are a pedestrian injured in an accident or are the family member of a pedestrian fatality, it is important to consult a lawyer. While no amount of money can compensate for a serious injury or the loss of a life, the law allows a jury to determine the amount of compensation to award in personal injury and wrongful death cases. A qualified attorney who has the education, legal skills and experience to evaluate and litigate the case is invaluable to preparing successful claim. Your attorney should be able to clearly present their recommendations and explain the potential outcome of the decisions you make. If you or a loved one has been involved in a bicycle accident, contact The Law Offices of Richard Flexner today at 1-800-FLEXNER or 910-794-3221, for your free legal consultation. You may also contact us through our online form. We are proactive in identifying and responding to client needs.
According to the Federal Railroad Administration, more than 8,000 people were injured and almost 1,000 died in train accidents in 2004. Fatigue, sleeping disorders, use of medications, and distractions are just a few of the reasons collisions have occurred. The National Transportation Safety Board's (NTSB) reported over 1,700 general aviation accidents with 576 fatalities and 1,800 civil aviation accidents, of which 609 were fatalities. Mechanical difficulties and human error have been cited as the two most common causes of aviation accidents.
If you or someone you love has been injured or killed in an aviation or train accident, you may be entitled to compensation. Under the law, each person has a duty to act as a reasonable person would be expected to act in similar circumstances. Those responsible for negligence are legally obligated (i.e., liable) to make good for the damage or losses they have caused. While the circumstances of each aviation or railroad accident are always different, generally claims for personal injury or wrongful death are the result of negligence, product liability or a combination of the two.
In these challenging and complex cases, The Law Offices of Richard Flexner can make a difference. Rich Flexner is a North Carolina trial attorney with over twenty-five years experience in personal injury and wrongful death claims. We offer our North Carolina clients a distinct advantage. We have a reputation for strong negotiations in settlements, and sound courtroom skills that ensure a successful outcome for our clients. We serve the residents of Wilmington, New Hanover County, Wrightsville Beach, Oak Island, Brunswick County, Kure Beach, Pender County, Carolina Beach, Columbus County, Burgaw, Southport, Bladen County, Elizabethtown, Bolivia, Whiteville, and throughout North Carolina.
A train accident is defined by the Federal Railroad Administration as a "collision, derailment, and other event involving the operation of on-track equipment". Train accidents cause "reportable damage above an established threshold" and generally involve collisions or derailment. For the last 30 years, the National Transportation Safety Board has investigated a number of railroad collisions involving crewmembers who failed to operate their trains in accordance with laws and regulations. Railroad companies have a legal obligation to provide adequate safety for passengers and crew.
The Federal Aviation Administration (FAA) estimates that the airline industry will double over the next two decades to accommodate the increasing number of passengers. While air travel continues to be a relatively safe means of transportation; when aviation accidents occur there are devastating injuries and fatalities are high. Federal and state agencies have developed stringent laws to govern the airline/railroad industries and protect passengers against:
While monetary compensation cannot change the past, it can help you worry less about medical bills, employment and rehabilitation, and your future. The complexity and number of aviation and railroad regulations can make it difficult to prove that negligence or a defective product was the cause of an accident. That's where The Law Offices of Richard Flexner can help. If you or a loved one has been involved in a plane or train accident, it is important to contact an attorney to protect your rights. Contact The Law Offices of Richard Flexner today at 1-800-FLEXNER or 910-794-3221, for your free legal consultation. You may also contact us through our online form.
The Highway Traffic Safety Administration estimates that up to 30 percent of deaths and 70 percent of the injuries in tractor trailer accidents are directly attributable to fatigued truck drivers. If you or a family member has been injured in a big-rig trucking accident caused by another's reckless or negligent behavior, you may be entitled to file a claim against the party at fault. The Law Offices of Richard Flexner is serious about helping accident victims and their families. Our goal is to get you the maximum possible settlement or award for your injuries.
Rich Flexner is a North Carolina trial attorney with more than 25 years of experience helping serious injury and wrongful death clients. We take pride in providing representation that is professional, results-oriented and responsive.
We serve the residents of Wilmington, New Hanover County, Wrightsville Beach, Oak Island, Brunswick County, Kure Beach, Pender County, Carolina Beach, Columbus County, Burgaw, Southport, Bladen County, Elizabethtown, Bolivia, Whiteville, and throughout North Carolina. We take the time to listen to our clients and respond to their needs, because a serious injury affects both the injured person and their entire family.
Nationwide, there are an estimated 500,000 tractor trailer collisions each year. In 2002, the Federal Motor Carrier Safety Administration (FMCSA) reported 130,000 injuries and nearly 5,000 deaths related to large truck accidents. One in every eight traffic fatalities is attributed to collisions with tractor trailers, also known as 18-wheelers. When the average passenger vehicle weighing 3,596 pounds confronts a commercial tractor trailer weighing as much as 80,000 pounds, the outcome is inevitable. The truck driver usually escapes with minor injuries while the occupants of the passenger vehicle are seldom as lucky - they are either seriously injured or die. Even with these frightening scenarios and statistics, powerful trucking industry lobbyists continue to call for the weakening of truck safety rules and regulations to reap a higher profit.
There are many causes of tractor trailer accidents including:
While insurance is designed to cover some costs, it cannot address all the economic damage that a vehicle related accident may cause. Sometimes in truck collisions the insurance company will deny a claim to protect the driving record of the truck driver. Truckers must follow specific state and federal regulations. It is important to retain a law firm that understands these regulations. Whether it's your insurance company or the guilty party's, insurance is a business whose goal is to limit their costs.
Since a team of investigators, adjustors and lawyers work for the insurance company to minimize their payout, you need the representation of a skilled personal injury attorney who will work to ensure that your needs are met. The Law Offices of Richard Flexner will negotiate on your behalf to receive damages to compensate for medical expenses, lost income, property damage and physical/mental pain and suffering. If your accident was due to a defective vehicle (or component), we are experienced at litigating with manufacturers for settlement in product liability claims.
If you or a loved one is involved in a truck accident, you need the help of an attorney who has the experience and resources to ensure you receive the fairest compensation. The Law Offices of Richard Flexner is dedicated to protecting your rights. Please call 1-800-FLEXNER or 910-794-3221, for your free legal consultation. You may also contact us through our online form.
The Insurance Research Council (IRC) reports that chances are about 14 in 100 that, if an insured car occupant is injured in an auto accident in the United States, an uninsured motorist is at fault. If you have been in an auto accident, the at-fault driver's liability insurance and your own Uninsured Motorist (UM) or Underinsured Motorists (UIM) coverage is designed to cover the damages you or your loved ones have suffered. If the at-fault driver is uninsured or underinsured, you can make claims against the other driver as well as against your own UM / UIM carrier for compensation. Many people are reluctant to file a claim against their own insurance company because they are concerned that doing so will increase their insurance rates, but this does not have to happen. Insurance law is a continually evolving field full of complex laws and regulations.
Rich Flexner of The Law Offices of Richard Flexner is a North Carolina trial attorney with over twenty-five years experience in these cases. We understand the law, client rights and how to work with insurance companies. Whether we're negotiating a fair settlement or fighting in the courtroom, we are equipped to ensure a successful outcome for our clients. We serve the residents of Wilmington, New Hanover County, Wrightsville Beach, Oak Island, Brunswick County, Kure Beach, Pender County, Carolina Beach, Columbus County, Burgaw, Southport, Bladen County, Elizabethtown, Bolivia, Whiteville, and throughout North Carolina.
Uninsured / Underinsured Motorist Coverage (UM / UIM) pays for injuries to you, your spouse, resident relatives and guest passengers in your car when the accident occurred. Uninsured Motorist (UM) coverage provides protection when an at-fault, uninsured driver causes injury to you or another covered individual. Underinsured Motorist (UIM) coverage applies you if you are injured by a negligent driver who has too little insurance to pay for your injuries and damages. North Carolina's minimum requirement for auto insurance liability for a private passenger vehicle is $30,000 per person for bodily injury, and $60,000 for two or more people for bodily injury, and $25,000 for property damage. Since these are only minimums, higher levels of protection are strongly recommended to protect your assets. An underinsured driver is one whose limits of liability are less than your UIM limits and whose liability policy limit is not enough to cover the losses of the people they injure in an at-fault accident. UIM coverage will pay a maximum of the difference between the other driver's liability limits and your UIM limits. Therefore, it is important to consider raising your UM / UIM limits in order to protect yourself and your family against loss.
If you or a loved one has been involved in an accident where insurance coverage is at issue you should contact an attorney because there may be some coverage you don't know about. Insurance companies also regularly dispute payment of coverage so it is important to discuss this matter with your attorney who will investigate all possible sources of compensation. It is also important to respond with the specific timeframes set by North Carolina's Statutes of Limitations. Call The Law Offices of Richard Flexner today at: 910-794-3221 or toll-free at: 1-800-FLEXNER or contact us online.
While compensation for medical malpractice will not return a child to normal health, it can ease the financial burden of caring for the injured. In fact, birth injury compensation can potentially result in a lifetime of benefits to aid in the care and future living expenses of birth injury victims. Rich Flexner of The Law Offices of Richard Flexner is a North Carolina trial attorney with more than 25 years of experience in serious injury and wrongful death cases.
We serve the residents of Wilmington, New Hanover County, Wrightsville Beach, Oak Island, Brunswick County, Kure Beach, Pender County, Carolina Beach, Columbus County, Burgaw, Southport, Bladen County, Elizabethtown, Bolivia, Whiteville, and throughout North Carolina. To us, every client matters, and we work hard for the people we represent. Our goal is to get you the maximum possible settlement or award for your injuries.
Approximately 27 of every 1,000 births in the United States result in a birth injury. A "birth injury" is defined as any type of damage to an infant's body before, during or just after birth. The March of Dimes cites 60 percent of birth defects as due to unknown causes; however, thousands of developmental defects and fetal deaths are attributable to an expectant mother's exposure to toxic substances. Studies have shown that women living within two miles of a landfill have an increased chance of giving birth to a baby with spina bifida, a hole in the heart, or other defects. Pregnant women exposed to high levels of pollutants have almost three times the risk of delivering an infant with a cardiac problem. Polychlorinated biphenyls (PCBs) are well documented hazards to pregnant women and may inhibit a child's intellectual ability, short and long-term memory and attention span. Microcephaly (an abnormally small head circumference) is caused by detrimental in utero factors such as pharmaceutical drugs, radiation, or a mother's prenatal infection of rubella (German measles).
Heavy metals (gold, lead, mercury), cleaning solutions, paint, caffeine, radiation and drugs and alcohol are also culprits in causing birth defects. Manufacturers who fail to inform (via labeling) pregnant women of the risk can be held responsible for the birth defects caused by their products.
During labor and delivery, medical complications can result in birth injuries. Cerebral Palsy and Erbs Palsy are the most common. Doctors and health care professionals must exercise the utmost care to avoid injury to babies during the especially vulnerable times of labor induction, Cesarean section, and mechanically assisted (forceps) births. Babies who experience severe oxygen deprivation to the brain, or head trauma during these delicate obstetrical procedures often die or face disabilities. Approximately 10,000 babies each year develop Cerebral Palsy (a condition which impacts the ability to control movement) as a result of oxygen deprivation. Oxygen shortage also causes hypoxic-ischemic cephalopathy brain damage.
Other types of traumatic obstetric birth injuries include prenatal asphyxia, Erbs Palsy or Brachial Plexus Palsy, Klumpke's Palsy, Torticollis, and Shoulder Dystocia. Fractures, spinal cord trauma, cephalohematoma and intracranial hemorrhage may be the result of preventable obstetrical damage.
Medical providers may be held liable for:
There are many "natural" circumstances wherein oxygen deprivation can occur during the labor and delivery process: the umbilical cord can become compressed or twisted in the birth process; the baby is too large to pass through the birth canal easily, or the baby is breach or sideways in the womb.
There are also many circumstances where brain damage or brain injuries are caused by mistakes made by doctors, hospitals or other medical professionals during the delivery process: a delay in performing a necessary C-section delivery, complication with a VBAC (vaginal birth after C-section) delivery - such as uterine rupture, use of excessive force during the delivery, or a miscalculation in the size of the baby, causing a traumatic delivery.
An experienced birth injury lawyer should be consulted if your infant has suffered a birth trauma and you suspect those injuries were caused by medical negligence. The attorney should be consulted immediately after birth, even if the extent of the injuries and damages are not yet known. Unfortunately, doctors and hospitals will almost never admit fault or offer to pay reasonable damages to cover even the likely economic loss from an injury. Appropriate discovery is essential to knowing whether there is a case, and to knowing what the likely costs will be that are associated with any permanent injury.
The Law Offices of Richard Flexner is dedicated to protecting the rights of our injured clients in cases involving serious personal injuries and wrongful death. We take the time to listen to our clients and respond to their needs, because a serious injury affects both the injured person and their entire family. Please call 1-800-FLEXNER or 910-794-3221, for your free legal consultation. You may also contact us through our online form.
Traumatic Brain Injury (TBI) remains a major public health concern in the United States today. Brain injury may impair a person's ability to function in family, social and work environments. Rich Flexner of The Law Offices of Richard Flexner is a North Carolina trial attorney with more than 25 years of experience, has seen the devastation that brain injuries can cause.
We can help with these serious injuries. We serve the residents of Wilmington, New Hanover County, Wrightsville Beach, Oak Island, Brunswick County, Kure Beach, Pender County, Carolina Beach, Columbus County, Burgaw, Southport, Bladen County, Elizabethtown, Bolivia, Whiteville, and throughout North Carolina.
While some TBI victims make a full recovery, others face dramatic changes in basic brain function or personality. Our firm is serious about helping accident victims. To us, every client matters, and we work hard for the people we represent. Our goal is to get you the maximum possible settlement or award for your injuries.
A TBI is caused by a violent physical force that impacts the brain and produces a diminished or altered state of consciousness. The force causes the brain to move within the skull and sometimes breaks the skull to directly harm the brain. Bruising, tearing and swelling are processes that can occur from the rotation of the brain against the skull.
Our brain has tremendous responsibility controlling the thought process, voluntary / involuntary movements and other important aspects of our physical and emotional well-being. Injury to any one area or all of the brain can result in permanent disability, seizures, headaches or migraines, loss of taste or smell, memory loss, double vision or loss of vision, speech impairments, anxiety, behavioral problems and depression. Some TBI victims' memory impairment leads to a tragic loss of self and identity.
The leading causes of TBI include motor vehicle incidents, falls, acts of violence and sports injuries. Head injuries fall into one or several categories:
According to the Centers for Disease Control and Prevention, there are an estimated 5.3 million Americans living with the disabilities associated with traumatic brain injuries. If you or a loved one has suffered TBI because of the negligent acts of others, you deserve access to the best care, support and future.
The Law Offices of Richard Flexner is dedicated to protecting the rights of our injured clients in cases involving serious personal injuries and wrongful death. We take the time to listen to our clients and respond to their needs, because a serious injury affects both the injured person and his entire family. Please call 1-800-FLEXNER or 910-794-3221, for your free legal consultation. You may also contact us through our online form.
Catastrophic injuries and wrongful deaths are caused by sudden, unexpected physical force that occurs because of motor vehicle accidents, falls, drowning, gunshot wounds, poisoning, or burns from fire and chemicals and other accidents. Many of those who survive a catastrophic event have spinal cord damage, traumatic brain injury, amputated limbs, multiple fractures, or burns and face long-term implications that may not be immediately apparent. A catastrophic injury or sudden death is devastating to the whole family unit and, overwhelmed by shock and pain; financial implications are often the last concern. Grief may be compounded when the injury or death was inflicted by the negligent or malicious actions of another party. Those found negligent in personal injury or wrongful death are legally obligated (liable) to make good for the damage or losses they have caused. Victim compensation may include medical expenses; pain and suffering; and loss of future income.
These challenging and complex cases require the best legal help available. At The Law Offices of Richard Flexner we focus on serious and catastrophic injuries and wrongful death claims. Rich Flexner is a North Carolina trial attorney with over twenty-five years experience in these types of claims. We serve the residents of Wilmington, New Hanover County, Wrightsville Beach, Oak Island, Brunswick County, Kure Beach, Pender County, Carolina Beach, Columbus County, Burgaw, Southport, Bladen County, Elizabethtown, Bolivia, Whiteville, and throughout North Carolina.
Our qualifications help to ensure that victims and their families obtain all of the financial support they will need now and in the future. Whether we're negotiating settlements or fighting for clients in the courtroom, we understand the long-term costs associated with these cases and are better equipped to ensure a successful outcome to help our clients.
In 2004, there were an estimated 27 million visits to U.S. hospital emergency departments for injuries. Of those injured, more than 20.7 million people faced temporary or permanent disability. Some sobering facts:
While it is impossible to assign a cost to pain and suffering or the loss of a life, the law allows a jury to determine the amount of compensation to award in catastrophic injury and wrongful death cases. A qualified attorney with the proper education and legal skills is invaluable to preparing a successful claim. Your attorney should be able to clearly present their recommendations and explain the potential outcome of the decisions you make. The Law Offices of Richard Flexner is proactive in identifying and responding to client needs. We recognize that our clients are facing a traumatic time in their lives and we take pride in offering a responsive, respectful and results-oriented approach to our firm's relationships.
If you have been involved in a catastrophic injury or wrongful death event, it is important to contact us today to protect your rights. Contact The Law Offices of Richard Flexner legal team today at 1-800-FLEXNER or 910-794-3221, for your free legal consultation. You may also contact us through our online form.
Every year there are approximately 11,000 new cases of spinal cord injury (SCI). While some victims will experience almost complete recovery, others will be completely and permanently paralyzed. If you or loved one has suffered a spinal cord injury, or are paraplegic or quadriplegic, you may need a lawyer. The Law Offices of Richard Flexner has experience in serious injury and wrongful death cases. Rich Flexner is a North Carolina trial attorney with over 25 years experience in these cases. To us, every client matters. We work hard for the people we represent, and take pride in providing representation that is professional, results-oriented and responsive.
A Spinal Cord Injury can cause more than physical harm; it can impact the victims' family, finances and future. Monetary compensation can help spinal cord injury victims and their families meet the challenges of the future with less worry about medical bills, employment and rehabilitation.
The spinal cord is the major bundle of nerves that moves nerve impulses to and from the brain to the rest of the body. Spinal cord injury usually starts with a sudden, traumatic blow to the spine that fractures or dislocates vertebrae. The impact causes the vertebrae to fracture or compress, which in turn crushes the extensive nerve cells (axons) that carry signals along the spinal cord between the brain and the body. Specific effects of an SCI on the body usually depend on the location and severity of the injury. An injury to the spinal cord can damage a small number of axons or almost all of them. Spinal cord injuries are called either "complete" or "incomplete". The victim of a complete injury totally lacks sensory and motor function below the injury. An incomplete SCI victim retains some sensory motor function below the injury.
Tragically, many brain and spinal cord injures are irreversible. Automobile accidents cause the majority of spinal cord injuries, followed by sports mishaps, falls, birth trauma, violence and disease. In addition to draining the victim both physically and emotionally, SCI can also drain a family's finances because medical care for spinal cord injuries is costly and long-term. Many people who live with spinal cord injury have secondary complications including pain, respiratory and heart problems, bladder and bowel dysfunction, pressure sores, respiratory complications, urinary tract infections, spasticity, and scoliosis.
If you or a loved one has suffered a spinal cord injury because of another's negligent actions, it is important to consult with an attorney who understands this type of injury and is experienced in handling these sensitive cases. Contact The Law Offices of Richard Flexner today. We take the time to listen to our clients and respond to their needs, because a serious injury affects both the person and the entire family.
Call 1-800-FLEXNER or 910-794-3221, for your free legal consultation. We are dedicated to protecting the rights of our injured clients in cases involving serious personal injuries and wrongful death throughout North Carolina. You may also contact us through our online form.
Medical malpractice is the result of a healthcare provider's failure to provide the expected standard of care. Unfortunately, some doctors cause harm through their mistakes, ignorance, negligence, lack of skill and misdiagnosis. Rich Flexner of The Law Offices of Richard Flexner is a North Carolina trial attorney with more than 25 years of experience, and is serious about helping negligence and accident victims.
We serve the residents of Wilmington, New Hanover County, Wrightsville Beach, Oak Island, Brunswick County, Kure Beach, Pender County, Carolina Beach, Columbus County, Burgaw, Southport, Bladen County, Elizabethtown, Bolivia, Whiteville, and throughout North Carolina. We work hard for the people we represent. Every client matters to us, and our goal is to get you the maximum possible settlement or award for your injuries.
Despite bringing health and hope to millions of U.S. citizens every day, far too many Americans are injured or killed due to medical mistakes. In November 1999, the Institute of Medicine (IOM) released a report estimating that as many as 98,000 patients die each year as a result of medical errors in hospitals. Compound this number with the unreported mistakes made in other healthcare settings (physicians' offices, urgent care centers, nursing homes, pharmacies and home care) and the magnitude of medical malpractice becomes staggering. In addition to the high costs of medical mistakes in terms of lives and quality of life, our nation pays an estimated $17 billion per year in costs due to preventable errors.
In the state of North Carolina, any medical malpractice lawsuit must be brought within three years from the time of injury, or within one year of the date when the injury was or should have been discovered. However, foreign object cases must be brought within one year from the date upon which the foreign object is discovered, but no longer than 10 years from the date of the occurrence.
Legally, healthcare professionals are only required to give a standard of care that is ordinary or normal. When a physician is determined to be negligent, it means that he or she has failed to use the same degree of skill and learning, under the same or similar circumstances, that are used by other members of the medical profession. Some of the most common ways that medical malpractice occurs is through failure or errors in timely diagnosis and ordering appropriate treatment, ordering necessary tests and proper medication, consulting with specialists, and surgical procedures. Although there are numerous types of malpractice claims, here are some of the most common:
If we are able to prove your medical malpractice case and the medical provider is found negligent, then you are entitled to recover "damages." Damages are intended to help you return to the condition you were in prior to the injury. There are several forms of damages that you may recover in a medical malpractice award - economic (for lost wages or medical expenses), non-economic (for pain and suffering), or punitive (to punish reckless behavior) damages. You may also receive compensation for future medical expenses and loss of future earnings. Punitive damages occur only in rare cases when it is proved that the medical practitioner had malicious intent.
Medical malpractice claims are one of the most difficult areas of litigation, since the negligent action must be documented and proven within specific guidelines. The Law Offices of Richard Flexner has the experience and resources to thoroughly investigate and validate your case. We take the time to listen to our clients and respond to their needs, because a serious injury affects both the injured person and their entire family.
If you feel that you or a loved one has suffered due to medical malpractice, call The Law Offices of Richard Flexner at 1-800-FLEXNER or 910-794-3221. You may also contact us through our online form.
The Law Offices of Richard Flexner works to protect the rights of nursing home abuse victims and their families, and to represent them in the justice system, and to insurance companies and others involved in the compensation process. Rich Flexner is a North Carolina trial attorney with more than 25 years of experience in serious injury and wrongful death cases. To us, every client matters, and we work hard for the people we represent.
Nursing home abuse has been called the hidden crime because it can be difficult to recognize, may be concealed by nursing home staff, or the victim may be too frightened or incapacitated to report the mistreatment. An estimated 84 percent of abuse cases go unreported or unrecognized. The goal of the justice system is to protect the rights of personal injury victims and the families of those who have died and return them to some semblance of the life they led prior to the accident. The Law Offices of Richard Flexner our goal is to get you the maximum possible settlement or award for your injuries.
Even with strict regulations, nursing home residents suffer abuse and neglect at the hands of those charged with helping them. Abuse may take the form of assault or battery, sexual abuse, rape, unnecessary physical restraint, insufficient food or water or the improper use of medication. Residents who are neglected may suffer lack of hygiene, lack of medical attention, bedsores, malnutrition, dehydration, emotional isolation, and "slip and fall" accidents.
While many nursing homes provide quality care and support for their residents, a recent General Accounting Office (GAO) study reported that 25 percent of the nations' over 17,000 nursing facilities "…had deficiencies that caused actual harm to residents or placed residents at risk of death or serious jeopardy." Under the Nursing Home Reform Act of 1987, a nursing home is required to "provide services and activities to attain or maintain the highest practicable physical, mental and psychosocial well-being of each resident" in accordance with a specific plan of care. To obtain Medicare and Medicaid funds, nursing homes must also comply with the U.S. Code of Federal Regulations policies for long-term care that specify that Nursing Homes must:
There are several ways that you can file suit against an abusive or neglectful nursing home, including fraud, neglect, financial irregularities, failure to provide adequate care, wrongful death, breach of contract, pain and suffering, or failure to comply with nursing home statutes. One of the most effective ways to improve the lives of nursing facility residents is to take legal action when problems are discovered, in order to discourage the continued violation of basic human rights, as well as federal and state laws.
If a loved one has been abused, injured or died in a nursing home or assisted care facility, please call 1-800-FLEXNER or 910-794-3221, for your free legal consultation. We are dedicated to protecting the rights of our injured clients in cases involving serious personal injuries and wrongful death throughout North Carolina. You may also contact us through our online form.
The Law Offices of Richard Flexner has experience in a wide range of matters involving serious personal injuries and wrongful death. To us, every client matters. We take the time to listen and respond to our clients' needs. Rich Flexner is a North Carolina trial attorney with over 25 years of experience in these cases. We work hard to ensure that each client gets the maximum possible settlement or award for their injuries.
Premises liability claims are those involving people who were injured or the family of someone who has died because of dangerous or unsafe property. Property owners are legally bound to provide a reasonably safe condition of property or, at minimum, warnings that the condition of the premises may be unsafe. Negligent property owners must pay the victim damages that may include medical expenses, pain and suffering, loss of current and potential wages, and other damages.
Regardless of how or why a person enters a property, owners have a responsibility to maintain their property and to warn people who enter the premises of any unsafe conditions. Premises liability covers a comprehensive range of suits for injuries caused by a property owner's failure to warn, maintain and correct situations on public and private premises. If property owners fail to notify people entering their premises of any hazardous conditions, the owner may be held legally responsible or "liable" for injuries that occur on their property.
The most common premises liability cases involve individuals who slip, trip or fall because of a defect or hazard on another person's property. Other premises liability injuries may occur as the result of:
While many businesses and homeowners carry premises liability insurance; it is often insufficient to fully pay any significant damage compensation. To ensure that you receive the best compensation available, consult with an attorney who specializes in premises liability before talking with an insurance company. Insurance is a business, and like any business, their own interests and profit are their priority.
Not everyone who is injured is successful in their claim. It must be proven to the court that the property owner failed in their duty to maintain reasonably safe premises, that the owner failed to warn of danger that they were aware existed, or that the owner should have known the danger existed and made the victim aware of the risk.
If you have been injured on another party's property, or if you are the survivor of a loved one who has died in a property-related mishap, please contact The Law Offices of Richard Flexner today. We take the time to listen to our clients and respond to their needs, because a serious injury affects both the person and their entire family. Call 1-800-FLEXNER or 910-794-3221, for your free legal consultation. You may also contact us through our online form.
The Law Offices of Richard Flexner is experienced in serious injury and wrongful death cases, and is familiar with the physical, emotional and financial damage that a defective product can cause. Rich Flexner is a North Carolina trial attorney with more than 25 years of experience in product liability cases. We take pride in providing representation that is professional, results-oriented and responsive.
If you have been injured or lost someone because of a dangerous product, you have the right to file a claim against the supplier or manufacturer of the product. At The Law Offices of Richard Flexner every client matters, and we work hard for the people we represent.
Our goal is to get you the maximum possible settlement or award for your injuries. We serve the residents of Wilmington, New Hanover County, Wrightsville Beach, Oak Island, Brunswick County, Kure Beach, Pender County, Carolina Beach, Columbus County, Burgaw, Southport, Bladen County, Elizabethtown, Bolivia, Whiteville, and throughout North Carolina.
In the course of our daily lives, we use a number of products. When used as directed, we rightly assume that the products we use are safe and reliable. Unfortunately, thousands of people are injured or die each year because of dangerous products - from automobiles to insulation, to medical devices and pharmaceutical drugs. The Consumer Product Safety Commission reports over 22,000 deaths and 29 million injuries related to consumer products each year. Annually, consumer products cause more than $500 billion in deaths, injuries and property. We frequently hear of product recalls because of safety and design issues in motorcycles, ATVs, snowmobiles, children's toys and pajamas - even the food we eat.
You may feel helpless or hopeless if you are one of the innocent people who has been injured, suffered property damage or tragically lost someone because of a hazardous product. However, you do have some control. Victims injured by faulty products have the right to seek compensation, including economic damages (lost wages or medical expenses), non-economic damages (pain and suffering) and punitive damages (to punish reckless behavior). In addition to the monetary considerations of a favorable verdict, if you win your case you may find solace in the fact that those responsible for your situation will be brought to justice. Moreover, you will contribute to the public safety by making manufacturers accountable for safer and more dependable products.
When you file a product liability claim, you are suing the makers or sellers of injurious products. Anyone in the supply chain can be held responsible for damages, including the manufacturer, wholesaler and retailer. When their product was brought to market, the manufacturers and distributors became legally obligated to provide a well-designed product that is reasonably safe when used as intended. To win a products liability case, your attorney must demonstrate that:
Other forms of product liability claims are negligence (carelessness, recklessness or malice) or breach of warranty of fitness (damage directly resulting from inadequate product warning). Each of these types of suits has its advantages and disadvantages, and we will recognize and recommend the avenue that offers the greatest chance of recompense. In some cases, we may opt to use a combination of the three.
While product liability provisions vary greatly from state to state, every jurisdiction requires proof that the product was defective. At the Flexner Law Firm P.A., we will present one or more of the three types of defects that demonstrate liability:
If you believe that you may have a product liability claim, it is important to seek the counsel of an attorney experienced in recovering damages. Time is of the essence because product liability suits are subject to a Statute of Limitations which specifies that a claim must be filed within a restricted timeframe. A successful verdict will help improve your quality of life as well as compel suppliers and manufacturers to improve the quality of their materials, increase product safety features, and provide thorough cautions regarding a product's potential dangers.
Contact The Law Offices of Richard Flexner today. We take the time to listen to our clients and respond to their needs, because a serious injury affects both the person and the entire family. Call 1-800-FLEXNER or 910-794-3221, for your free legal consultation. You may also contact us through our online form.
The Social Security Administration provides disability insurance to protect workers under 65 against earnings loss due to disability caused by illness or accidental injury. For injuries and accidents suffered on the job, a Social Security disability claim is different from and in addition to a workers’ compensation claim. For Social Security disability, the primary concern is whether the injury prevents you from being able to work, and the cause of the injury is irrelevant. If you have been injured and unable to work, or are facing time away from work because of an injury or medical condition, you may be eligible for benefits under Social Security Disability.
Social Security Disability Insurance, officially known as old age, survivors, and disability insurance (OASDI), is available only in the event of “total disability”. It is based on a person's complete inability to work, and not merely on their inability to find a suitable job. Partial disability or short-term disability will not qualify for Social Security Disability benefits.
The Social Security Administration will consider a worker totally disabled if he cannot do work that he did before his injury and his medical condition makes it impossible for him to adjust to other types of work. A disability must also be expected to last for at least one year, or result in death.
Many people try to obtain Social Security Disability on their own, and find themselves facing a mountain of paperwork, and ultimately being denied. The Law Offices of Richard Flexner can help you qualify for SSD, whether or not you have already applied and been denied. Call us today for your free consultation.
The Law Offices of Richard Flexner is dedicated to protecting the rights of our injured clients. We take the time to listen to our clients and respond to their needs, because a serious injury affects both the injured person and his entire family. Please call 1-800-FLEXNER or 910-794-3221, for your free legal consultation. You may also contact us through our online form.
Workers' compensation is a system of compensation for employees that provides cash benefits and medical care if an employee becomes disabled because of workplace injuries, regardless of fault. The Law Offices of Richard Flexner is serious about helping victims of on-the-job accidents. Rich Flexner is a North Carolina trial attorney with more than 25 years of experience.
We serve the residents of Wilmington, New Hanover County, Wrightsville Beach, Oak Island, Brunswick County, Kure Beach, Pender County, Carolina Beach, Columbus County, Burgaw, Southport, Bladen County, Elizabethtown, Bolivia, Whiteville, and throughout North Carolina. To us, every client matters. We work hard for the people we represent.
Workers' compensation benefits entitle you to medical treatment to cure and relieve the effects of your workplace injury. Treatment may include consultations, physical therapy, surgery, hospitalization, drug treatment, and nursing care, as well as physical and vocational rehabilitation services. You are entitled to be reimbursed for costs of mileage going to and from your medical appointments. The injured employee may also be entitled to lost wages.
Job Site Accidents
The National Academy of Social Insurance cites workers' compensation as the third-largest source of support for injured workers (behind Medicare and Social Security). The Workers' Compensation Act requires all businesses with three or more employees (whether part-time or full-time) to maintain workers' compensation insurance. This is a no-fault insurance system designed to provide employees who are injured or disabled on-the-job with medical care, disability benefits and/or rehabilitation. The program also provides for the dependents of workers killed or disabled in work-related accidents. In the majority of cases, workers' compensation laws provide a layer of protection for employers since employees are prevented from filing negligence lawsuits by the statute. It is the employee's responsibility to report any work-related injury, and it is the employer's role to take important actions upon receiving the injury report.
Industrial Accidents
Injuries resulting from industrial accidents can range in severity from slight to lethal. The cause of an industrial accident can include malfunctioning equipment, explosions, electrocution, and falls. Contributing factors to industrial accidents include workers' negligence, poor safety standards, and fatigue. Depending upon the cause and severity of the industrial accident, recovery can be swift, or a long process. Those persons who have been injured in an industrial accident may never return to their full capacity, affecting their physical and psychological health. Victims of industrial accidents may also suffer long-term financial losses due to their inability to work.
If you were in an industrial accident and suspect that the fault lies with someone other than your employer, the industrial accident may qualify for a personal injury lawsuit. Personal injury suits concerning industrial accidents can recover financial losses, pay for medical care, and compensate victims for other resulting damages. Industrial accident law can be complicated. An attorney at The Law Offices of Richard Flexner who is familiar with industrial accident law may be able to help you make key decisions regarding your case.
Construction Accidents
Owners and general contractors have an obligation to keep the work site safe. If there is an accident, in many cases a worker will be able to bring a claim against the owner or general contractor in addition to a workers' compensation claim. The law requires that construction companies ensure a reasonably safe site, develop and implement safety programs, inspect each site for safety compliance, coordinate job safety, warn of hazards related to the site and work, and prescribe the necessary protective equipment. Despite these regulations, construction site work remains one of the most dangerous jobs in the United States today, with the majority of injuries and fatalities associated with electrocutions and falls. Other hazards at construction sites include dangerous and defective machines, crane and scaffolding accidents, mechanical and chemical handling of compressed gas, logging accidents, and welding, cutting and brazing injuries.
On the Job Car and Truck Accidents
Most on-the-job injuries from work-related car and truck accidents are covered, regardless of fault. To be eligible for workers' compensation benefits, the worker must have been injured while working within the scope of his or her employment. Generally, any injury suffered by an employee at the employer's place of business during working hours qualifies. An injury that occurs while traveling to and from work usually does not qualify. However, if the employer provides transportation to a work site and the injury occurs while in route, the injury is within the scope of employment. Whether an accident occurs within the scope of employment depends on how much control the employer had over the circumstances when the accident occurred.
If you feel that you have the basis for a workers' compensation claim, contact us immediately. Our goal is to get you the maximum possible settlement or award for your injuries. Please call The Law Offices of Richard Flexner at 1-800-FLEXNER or 910-794-3221, for your free legal consultation. You may also contact us through our online form.
At The Law Offices of Richard Flexner we are serious about helping accident victims and work hard for the people we represent. We are dedicated to protecting the rights of our injured clients in cases involving serious personal injuries and wrongful death throughout North Carolina. Rich Flexner is a North Carolina trial attorney with more than 25 years of experience in these cases.
In legal terms, wrongful death refers to a fatality that occurs because of the negligence or misdeeds of another person, corporation or entity. Part of the "personal injury" tort family, wrongful death holds an individual, group or corporation (defendant) accountable for causing injury to another person (plaintiff). The primary goal of a personal injury tort is to provide relief (damages) to the plaintiff and to deter the defendant from inflicting further harm to others. In a wrongful death action, consideration is given to the earnings the deceased would have provided to their family had they lived and damages are awarded to survivors based on this monetary loss. Survivors may also receive damages for medical and funeral expenses for the victim, estate administration expenses, survivor's emotional pain and suffering, and punitive damages (intentional harm judged to be exemplary).
State laws vary as to who may pursue a wrongful death claim. Generally, it is the immediate family members (spouses, children and parents). However, some states allow grandparents, legal dependents or members of the extended family to file suit. The amount of damages awarded will depend on the plaintiff's relationship to the deceased, while the compensation for damages may include compensation for the following:
Typically, wrongful death suits involve vehicular accidents (aviation, automobile, ATV, motorcycle, or railroad), defective products, medical malpractice, pharmaceutical liability, and a number of other situations. The common element in most tort actions is negligence, which is characterized by inattention, thoughtlessness, inadvertence, and mistakes. Negligence must be proven in wrongful death cases and The Law Offices of Richard Flexner is skilled in helping clients prove that the four critical components of negligence exist in their claim:
In addition to establishing negligence, the joint life expectancy of the deceased and the survivor or beneficiary must be presented (to establish the loss of future earnings) and the relationship of the survivor and deceased must also be shown. Finally, effective presentation of the non-economical or emotional loss suffered by the survivor is critical to a fair award of damages.
If you feel that you have the basis for a wrongful death suit, contact us immediately. Our goal is to get you the maximum possible settlement or award for your injuries. Please call The Law Offices of Richard Flexner at 1-800-FLEXNER or 910-794-3221, for your free legal consultation. You may also contact us through our online form.