AREAS OF LAW

If you have been injured on the job, the laws regarding workers' compensation may be complex and may lead to the loss of a claim for the injury if proper procedures are not followed. First, the employee's claim must be filed with the North Carolina Industrial Commission within two years after the date of the on the job injury. Usually, the employee does this by submitting a Form 18. Second, your employer should pay your medical bills for treatment for the injuries suffered on the job. In exchange, they can tell you what doctors to see. Third, if you miss working for one week, the employer must then begin to pay you two-thirds (2/3) of your average weekly wages for each week thereafter, while you are out of work. Once you are out for twenty-one (21) days, the employer must then pay you two-thirds (2/3) of your average weekly wage they never paid you for the first week you missed (you don't get paid temporary total disability benefits if you miss less than one week). Fourth, the case may settle at mediation or tried at a hearing. A clincher (one-time lump sum settlement) will end the claim. If no clincher/settlement, the employer must pay for all approved medicals ongoing or until more than two years has run from the last related medical treatment. Fifth, you are also entitled to certain travel expense reimbursement and prescription reimbursement. This is not intended to be, nor is it, legal advice. Do not rely on this information. If you were injured on the job, give us a call. We will be happy to set an appointment to discuss your issues in person.

Our elderly loved ones in the nursing home are most vulnerable. They are at the mercy of the caregivers at the facility. The facility is a business. The business exists to make money. Although most care about their patients, some do not. Some abuse patients. Some workers have criminal backgrounds that go unchecked. Some facilities run a bare-bones staff, which may employ minimally qualified staff at low pay, which results in patient neglect. Bedsores, malnutrition, falls, and dehydration often results as a consequence. If you suspect your loved one has been abused or neglected at a nursing home, call us.

Automobile accidents can be stressful times for all those involved. Serious accidents require experienced attorneys who will conduct a thorough investigation of the accident facts and prosecute the claims to maximize the recovery by settlement or trial. Causes may include excessive speed, driver fatigue, inattention or distraction, equipment failure, traffic violations, or other causes. Beware of discussing the facts of the accident with the adverse party's insurance company. There are complex insurance issues, which may include liability insurance, excess liability insurance, commercial truck policies, umbrella insurance coverage, medical payments coverage, property damage coverage, uninsured motorist coverage, underinsured motorist coverage, and other issues. Know your rights. Let the experience of The Kessler Law Firm, PLLC go to work for you.

If you are injured in an accident, even if you were a passenger of the at-fault driver, you are entitled to a recovery for the damages you incurred. Greyhound Bus drivers work long hours. This is one of the most common factors leading to accidents in the bus transit business. This unsafe practice puts the lives of all passengers at risk, and unfortunately, can contribute to accidents causing injury or death. Know your rights. Let the experience of The Kessler Law Firm, PLLC work to win you your rightful recovery.

Have you a family member been injured in an accident involving a tractor-trailer or other commercial vehicle? Our firm has experience with commercial truck accident litigation. If you or a family member has been injured in this type of accident, give us a call.

Most acts of healthcare provider malpractice, causing patient injury, are not pursued. If you or a loved one has suffered a severe, catastrophic injury such as paralysis, brain damage or cerebral palsy, or if a loved one has died as a result of a medical or nursing error, you need a lawyer experienced in this complex area of law for numerous reasons. First, there is a national databank that keeps track of doctors who have had money paid on their behalf to satisfy a malpractice claim against them. This databank is not available to the public but is used by credentialing entities, such as hospitals, which grant privileges to doctors to work at their facilities. If a doctor is identified in the databank, it may adversely affect the doctor's ability to practice at that hospital. Doctors, therefore, fight vigorously in defense of claims against them. Second, in North Carolina, to file a claim for malpractice against a doctor, you must have an expert, similarly trained and experienced as the Defendant doctor, that is willing to testify that the Defendant doctor deviated from the standard of care for doctors practicing that particular specialty and/or performing that procedure. This opinion must be "to a reasonable degree of medical certainty." To do this, the authority on this topic must know the local standard of care, as opposed to a national standard of care, because there is the "same or similar community standard." Thus, the expert must be educated as to the local specialties available, medical facilities, number of beds in the hospital, whether it is, for example, a level one trauma center, etc. Additionally, the expert must have spent the majority of his or her time in the one year immediately preceding the procedure in question in the practice of that specialty or having performed the procedure or have taught in an accredited clinical setting. Obviously, many pitfalls can trap an inexperienced lawyer. Call on the experience of The Kessler Law Firm, PLLC, to assist you with your case.

While trains are usually a safer method of transportation than automobiles, they too can cause injury. Immediate speed acceleration or deceleration and automated doors are common sources of injury. Regardless of your injury was caused by improper equipment or improper employee practices, you have a right to recovery. The Kessler Law Firm, PLLC, has been successful in several cases against rail-system companies who have negligently injured their passengers*. These cases are complex, but our purpose is simple: We fight for our clients so that they may receive the recovery they need and deserve. If you or a loved one has been injured in a train accident, give us a call.

*Each case is different and results vary. Prior results do not guarantee future outcomes.

Mr. Kessler has experience in representing clients in airplane crashes. Almost always, theses crashes may result in catastrophic injuries and/or death. Obviously, crashes involving aircraft are some of the most complex, technical, labor-intensive investigations in personal injury law. Let our experience go to work for you. Give us a call.

Defective products, whether machines, products, food or pharmaceuticals maim or kill people every day. Any entity in the chain of commerce, from manufacturers to distributors to retailers, must ensure their products are safe for their intended purpose. Product liability includes ordinary negligence, breach of warranty, misrepresentation, and strict liability. Of importance is the date the device is placed into the stream of commerce. This may determine the time within which a claim must be brought. If a defective product has injured you or a loved one, give us a call.

Social Security Disability Benefits and Supplemental Security Income Benefits require the claimant to have a medical condition precluding work for a continuous twelve (12) month period. The condition must have lasted or is expected to last for a continuous twelve (12) month period. To be eligible for Social Security Disability Benefits, among other things, the claimant must have worked for 20 of the last 40 quarters. Supplemental Security Income is based on, among other things, a low-income level. The factors of age, education, and work experience are reviewed in conjunction with the medical condition to determine disability. Additionally, there are "listings" in the Social Security Regulations whereby if a condition is so severe, Social Security may consider it disabling in and of itself. Many claims are denied, and the claimant is informed in writing of the denial. The claimant has sixty 60) days to file a request for reconsideration. It is at this time, when you first receive this letter, that it is wise to consult with an attorney. Although there are no guarantees as to what we can do with your case as each case stands on its own merits, we have been successful in many of the Social Security Disability Cases we have pursued on behalf of our clients.* Give us a call and see if we can help you.

*Each case is different and results vary. Prior results do not guarantee future outcomes.

Whether by motor vehicle accident, through medical error, or by neglect, when a loved one has died, during these difficult times, let an experienced law firm handle the complex legal issues involved in a wrongful death action. Get an autopsy done. Many times, the true cause of death may never be known unless an autopsy is performed. The next of kin (surviving spouse or parent) or personal representative (administrator or executor) has a right to request an autopsy. Generally, damages are based on the decedent's relationship with his/her family. Other issues such as liability insurance, death benefits, life insurance, opening an estate, issuance of letters of administration, waiver of appointment, bond, initial inventory, notice to creditors, the accounting, and other matters are best left for the experienced. If your loved one has recently died as a result of someone else's negligence, give us a call.

Dog bites are the most vicious injures and often require the victim to obtain plastic surgery. Many dog bite victims are children. Medical bills may be substantial, and the victim may require counseling for severe emotional distress. Get photographs of the injuries as soon as possible and give us a call.

When a motorcyclist is hit by an automobile, the motorcyclist is at the mercy of the automobile and the pavement. The result is usually major injuries, including broken bones, road rash, internal injuries, and in severe cases, death. We have experience in representing motorcyclists with significant injury claims. Do not give a statement to the at-fault driver's insurance company. Know your rights. Get the required medical treatment. Get photographs of all injuries and the bike, then call us.

The operator of a watercraft has certain duties and obligations to himself, his passengers, and other boaters. When boats collide, injuries may be devastating. Today, with modern wet bikes and jet skis able to accelerate rapidly and maintain high speeds, accidents happen through neglect, carelessness, or stupidity. Often times, alcohol is involved. This element may give rise to punitive damages. If you or a loved one has been injured in a boating accident, call us.

Serious school bus accidents can be disastrous. Children can suffer physical damages but may be more prone to psychological trauma due to their immaturity. You may be entitled to seek therapy costs as part of any recovery. If your child has been involved in this type of accident, it is important to make sure they receive all the care they need. Give The Kessler Law Firm, PLLC, a call so we can help you and your child receive rightful restitution.

When a pedestrian is struck by a car, the outcome can be very grim. With zero protection to take the brunt of the impact, broken bones, organ trauma, brain trauma, or death are all realistic outcomes. For those who survive, they may have injuries that will never fully heal, leaving the victim disabled for life. We have experience helping pedestrians who have been hit by negligent drivers and want to help you win the recovery you need and deserve. If you or a loved one has been injured in an auto-pedestrian accident, through no fault of your own, give us a call.

In the majority of cases, serious injuries will occur when a cyclist is involved in an accident with an automobile. The result is usually major injuries, including broken bones, road rash, internal injuries, and in severe cases, death. We have experience in representing bicyclists with significant injury claims. Do not give a statement to the at-fault driver's insurance company. Know your rights. Get the required medical treatment. Get photographs of all injuries and the bike, then call us.

Slip and fall cases can be very difficult to win at trial. First, to prove negligence on a landowner for a substance on a floor causing a fall and resulting in injury, you must prove either: Actual knowledge; the landowner knew it was on the floor and failed to clean it up; or Constructive knowledge; establishing the substance was on the floor for a considerable amount of time, such that the landowner should have known of the hazard. Nevertheless, we have been successful in many cases (even though a local defense firm's standard defense is that the area was inspected and clean just minutes before the slip and fall and that it must have been a customer that spilled something on the floor after the inspection and before my client came around the corner and fell in it)*. If you have been seriously injured in a fall, through no fault of your own, give us a call.

*Each case is different and results vary. Prior results do not guarantee future outcomes.

Department stores, home improvement centers, and other retailers will, from time to time, act negligently in stacking merchandise too high such that it becomes unstable. Eventually, the merchandise will fall on a customer causing severe injuries or even death. One particular home improvement company has now implemented the use of mesh netting with hooks to secure merchandise stored high up on shelving. Other retailers use ladders for their employees to stock merchandise on their shelves. When the employees are finished using the ladders, instead of putting them on hooks or in the back storage room, they lean them on store shelves and poles, unsecured. Customers and children either bump or climb on them, causing them to fall on top of them, resulting in severe injuries. If you or a loved one has been injured by falling merchandise or falling objects, whether a ladder or otherwise, give us a call.

A class-action lawsuit may arise when a group of individuals, or a "class," suffers similar injuries from the same business or entity. We are actively involved in multiple class-action lawsuits in numerous states across the country. If you feel like you or someone you love may be a part of an injured class, give us a call.

Have you or a family member been injured in an accident involving a blown-out tire?

Our firm has experience with class-action lawsuits involving unregistered tires. We are currently working on class action cases involving tire companies' failure to register tires purchased by consumers. If a tire has been sold and not properly registered, and if there is an actual defect, there is no way to directly warn the consumer that they are potentially driving on an unsafe and defective tire. If there had been an actual recall and the tire was not registered, a customer would not have been properly warned about the tire defect to have it corrected and/or replaced. The NTSB says 500 people are killed, and 19,000 others are injured every year in tire-related accidents. You can find a segment on NBC's Nightly News with Lester Hold that aired on October 25, 2015. I was involved in the Morrow case and represented the driver of the silver pickup truck that you will see in the news segment. Related link: https://www.nbcnews.com/nightly-news/video/danger-on-the-road--ntsb-says-tire-recall-system--broken--553202755636.

It is very important that you keep your tire "as is" to preserve evidence of the tire's condition. It is important not to allow the insurance company or anyone else to move the vehicle or touch the tire.

This unsafe practice can contribute to accidents causing injury or death. Know your rights. Let the experience of The Kessler Law Firm, PLLC, work to win you your rightful recovery.