Blog

Case Study – Nursing Home Negligence

One of many, Anglin Law Firm Case Studies for Nursing Home Negligence.  The Plaintiff, an elderly woman in her 70s, had been admitted to a long-term care facility after her surgery. She was in need of assistance when she was being transferred from the bed to a wheelchair. The surgery had caused limited strength and mobility to walk or stand on her own.

In this case study, Upon being admitted to the long term care and rehab facility, she was required to have a Care Plan. The plan stated that she must be lifted from the bed into the wheelchair with a “Transfer Board” for either moving her to a wheelchair or back to the bed. One day, staff had did not use the Transfer board and moved her using a “fireman’s carry”. Two staff members picked her up by her arms and legs and attempted to move her to the wheelchair. Upon moving her this way and not according to the Care Plan, they inadvertently hit her leg on the bed frame and she sustained a fracture. This represents a clear breach of both the express and implicit duties of care owed to the woman.

As Chris Anglin of Anglin Law Firm duly noted in the above case study, the case was settled outside of court, pre-suit, and the elderly woman was awarded a cash settlement. The nursing home’s insurance carrier settled based upon a demand package drafted by a Raleigh, North Carolina nursing home negligence attorney.

 

Chris Anglin_CaseStudy_NursingHomeNegligence

Christopher Anglin        
Managing Partner, Anglin Law Firm – Raleigh, NC

Chris Anglin is the Managing Partner of Anglin Law Firm in Raleigh,NC. He primarily practices in the areas of Personal Injury (car accidents, slip and fall, nursing home negligence and medical malpractice), Real Estate Closings, Wills and Estates and Civil Litigation, since the fall of 2011.

Chris is a graduate of Elon University School of Law in 2011 and an undergraduate degree in Political Science from Wake Forest University.  While a student at Elon University he was a member of the Student Bar Association Social Committee of Delta Theta Phi Fraternity, a member of the Law Society and International Law Society where he took on the responsibilities of Leadership and advising First Year Student members at Elon University.  He also studied abroad and participated in the UNC Summer Abroad Program in partnership with the University of Technology in Sydney, Australia and completed coursework in Environmental and Australian Law.

Chris also makes a point to stay active in several NC Bar Association member activities and other organizations.  As well as, created a Leadership scholarship fund for Campbell University 2nd year Law students. http://law.campbell.edu/news_article.cfm?id=42701&t=reason-receives-anglin-law-leadership-award

He participates in the NC Bar Association Lawyer Referral Service as well as other non profit efforts to help the attorney and business communities.

 

Anglin Law Firm NEW Personal Injury Commercial, Raleigh, NC

Check out Anglin Law Firm NEW Personal Injury Commercial in Raleigh,NC!

We’re very proud here at Anglin Law Firm.  It’s been over 4+ years in the practice and we are continually making strides in our efforts to do a job well done, as well as be customer focused and provide the needed support to win a case.

Take a moment to watch our new internet commercial and let us know if you like it!  Also, be sure to share our information with others you know who might need our help.

Our areas of practice include:

  • Personal Injury (as seen in the commercial)
  • Real Estate Closings
  • Wills and Estates
  • Civil Litigation
  • Landlord/Tenant Resolution

 

 

Contact us today at 919-803-1516, if you or someone you know is in need of help.  Chris Anglin “Has your back” and will help to settle/win the case.

If You’ve Been Hurt in an Accident…

If You've Been Hurt in an Accident_AnglinLawFirmWhat should you do if you’ve been hurt in an accident or a car accident and sustained a personal injury in Raleigh, North Carolina?  Unfortunately, many people will be in an accident and injured at some point in their lifetime.  The FIRST thing to do is get to a safe place.  But there are many more things that you need to do in order to care for yourself and maximize your chances for success with a personal injury case. Remember, that not all injuries are felt or are visible immediately following an accident.  The injuries sometimes show up later and the effects are longer lasting.

If you’ve been hurt in an accident, here are key steps to protect your case and prepare for your initial meeting with your motor vehicle accident attorney in Wake County:

Read More

Types of Personal Injuries and Accidents

In the every day world of busy living, different types of accidents and personal injuries are bound to happen.  It’s when we least expect it.  The important thing that we need to understand, is that there are ways to prevent them.  If it does happen and it’s not our fault, there is a process that you can utilize to be compensated for “pain and suffering”, especially if it prevents you from earning a living.  Some types of injuries and accidents can lead to cash settlements that only an experienced lawyer who knows how to mitigate the system can help you get awarded.  It is not a smart decision to go about your normal life if something is inherently wrong as a result of the accident or injury.  It could be a snowball effect where one thing effects another and can lead to years of discomfort and lost wages.

In matters of truth and justice, there is difference between large and small problems, for issues concerning the treatment of people are all the same.  ~ Albert Einstein

Read More

Renting vs. Buying…What will it cost you?

Renting vs. buying in the Raleigh-Durham, NC area has lots of different variables to consider.  It typically depends on what your preferences are. Are you in a place to own a house/townhouse or simply rent? Do you understand that you’ll be incurring maintenance costs with owning a home, as opposed to the maintenance being done by the landlord for you? These are just some of the questions you need to ask yourself when you’re deciding what your living arrangement will be. Just like any city or town, there are such wide varieties of places to live, that it’s like a smorgasbord.

Let’s look at some facts to help you decide which type of living arrangement you want: Read More

Dealing with Car Insurance Adjusters

If you’re in an automobile accident in the Raleigh, North Carolina area, a car insurance adjuster from the other driver’s insurance company will contact you. It’s important to be well prepared to speak to the adjuster. It’s always recommended that you have an attorney represent you. However, if you decide to represent yourself, here are some ways to maximize your chances for success:

  1. Remember that everything you say is being recorded. The car insurance adjuster is not on your side and will try to elicit statements from you in order to help shield their driver from liability and minimize the value of your case. Simple things, such as saying you are feeling “okay” or being unclear on the details of the accident can be used against you. The adjuster will suggest that if you indicated that you were “okay” in your initial statement that you were not actually injured in the accident. If you are sketchy on the details of the accident, the attorney will suggest that this lack of clarity means you were not paying attention when the accident occurred or that your version of events is untrue simply because you waiver in your statement. Conveniently, many insurance companies will only save a written transcript of your statement and will have no audio recording to substantiate the statement. If a lawsuit has to be filed, it will often be your word against a written transcript.
  2. Provide adequate documentation. You need to provide the car insurance adjuster documents to help substantiate any claims you are making whether it is for lost wages, medical expenses or property damage. The car insurance adjuster needs to be able to justify any payments which they make to you. It is important that you get medical bills and records from your doctors, pictures of the damage to your vehicle, repair costs and/or service invoice from the auto body repair shop and verification from your work for your lost wages. It is your job to prove what your damages are to the adjuster and they will never take your word for it.
  3. Remain Calm. It does not help to get angry or yell at the car insurance adjuster. You need to remain as calm as possible when speaking with them. When evaluating your case, the adjuster is not just evaluating the documentation, they are evaluating you. They are trained to think ahead about what a theoretical trial would look like. If you come off as being hot-headed and unable to control your temper, the adjuster will extrapolate this to the way you would behave at a future trial. Who do you think a jury will like better and believe? A witness who gets angry at the drop of the hat and looks like they’re about to get into a barroom brawl or a witness who is calm, cool and collected? A jury will obviously like and believe the calm witness more. It can be difficult to control your emotions, but the calmer you are, the more likely you are to receive a favorable offer from the adjuster.
  4. Ask for more than you want. This is a common negotiating tactic which most people know about. Prior to beginning negotiations, you should pick a number that you are willing to settle for. If you are formulating the number in mid-conversation, this makes it more likely that you will make a mistake or settle your case for less than it is worth. After picking the number, your initial offer needs to be higher than what you are willing to accept. This leaves you room to negotiate with the car insurance adjuster. They will gradually increase their offer as you decrease yours.
  5. Don’t seem desperate. Car insurance adjusters can sense desperation, the way that women can sense the desperation of men. Meaning, that if you act like you need the money immediately, the adjuster will use this in order to make you take a lower offer. Remember that the adjuster has a long time to resolve the case while you may need to get your car repaired to get to work and your medical bills paid in order to avoid bill collectors. You can seek a quick resolution to your case without seeming overly desperate. Make sure to make no indication to the adjuster of any financial or transportation issues that you are having. The adjuster will not be swayed by this and will only use the information to make a lower settlement offer.

 

Hopefully these tips will help you resolve your case favorably. Please stay tuned for future tips for dealing with adjusters.

Remember that dealing with an automobile accident in Raleigh, North Carolina is complex and you should hire a car accident attorney in Wake County to help you with your case! Please contact us at 919-803-1516 or http://anglinlawfirm.com/contact-us/ to have your free consultation today.

Tips for Selling Your Home

Moving from your home in Raleigh, North Carolina is one of the most stressful situations which most people will experience throughout the course of their lives. It is right up there with divorce and a major illness. https://www.healthstatus.com/health_blog/depression-stress-anxiety/top-5-stressful-situations/ Of course if you are a home owner, generally one of the prerequisites to moving, is selling your home and paying off your mortgage. If you plan ahead of time, you can maximize your sale price and it can make the entire moving process much easier. Below are a few tips in order to help make the transition:

  1. Post a Video about your home On-Line- Take a video of your home and your neighborhood in order show how your home stands out from others in the Wake County area. People will notice something which is unique, so if you have a deck with a great view or your favorite coffee shop is next to your home, make sure to get this on video and post it.
  2. Social Media- This is one type of on-line stalking that you actually want. Make sure to post your home on your social media pages. This is a great way to connect with people you know and as strange as this sounds, your friends’ friends. You never know who will be looking for a home in Raleigh, North Carolina.
  3. Research, Research, Research!- This is not the time to be lazy, like in high school, and hope you will do well on the test without studying. Instead of being rewarded with an A+, you are rewarded with more $$! Work with your agent in order to scope out your competition and know what the price and condition of other homes in the Raleigh, North Carolina is. Buyers will see these homes and you want to make sure that your home is up to par.
  4. Convenience- Make it as convenient as possible for your home to be shown. You want to have a flexible time frame for your home to be shown. If it is too restrictive, the buyers, who will have limited time to look, will just go to other homes which are open and you could miss a potential buyer.
  5. Get help from your neighbors-When you have an open house, make sure to advertise in your neighborhood’s e-mail list or online message board. This allows your neighbors to bring their friends and co-workers to the open house who may be looking for a home. There is no better advertising that a kind word from your neighbor!

 

Make sure to stay tuned for future tips for selling your home in the Raleigh, North Carolina area. As your closing attorney, we attempt to make the home selling process as smooth as possible. If you have any questions, please contact us at anytime. We can be reached at 919-803-1516.

10 Reasons to Create an Estate Plan Now

Many people think that a Raleigh, North Carolina estate planning attorney should be for someone else, not them. They may rationalize that they are too young or don’t have enough money to reap the tax benefits of an estate plan. But as the following list makes clear, estate planning is for everyone, regardless of age or net worth.

  1. Loss of capacity.What if you become incompetent and unable to manage your own affairs? Without an Estate plan, the courts will select the person to manage your affairs. With an Estate plan, you pick that person through a Raleigh health care power of attorney.
  2. Minor children. Who will raise your children if you pass away? Without an Estate plan, a court will make that decision. With an Estate plan, you are able to nominate the guardian of your choice.
  3. Dying without a will.Who will inherit your assets? Without an Estate plan, your assets pass to your heirs according to your state’s laws of intestacy (dying without a will). Your family members (and perhaps not the ones you would choose) will receive your assets without benefit of your direction or of trust protection. With an Estate plan, you decide who gets your assets, and when and how they receive them.
  4. Blended families.What if your family is the result of multiple marriages? Without an Estate plan, children from different marriages may not be treated as you would wish. With an Estate plan, you determine what goes to your current spouse and to the children from a prior marriage or marriages.
  5. Children with special needs. Without an Estate plan, a child with special needs risks being disqualified from receiving Medicaid or SSI benefits, and may have to use his or her inheritance to pay for care. With an Estate plan, you can set up a North Carolina Supplemental Special Needs Trust that will allow the child to remain eligible for government benefits while using the trust assets to pay for non-covered expenses.
  6. Keeping assets in the family.Would you prefer that your assets stay in your own family? Without an Estate plan, your child’s spouse may wind up with your money if your child passes away prematurely. If your child divorces his or her current spouse, half of your assets could go to the spouse. With an Estate plan, you can set up a trust that ensures that your assets will stay in your family and, for example, pass to your grandchildren.
  7. Financial security. Will your spouse and children be able to survive financially? Without an Estate plan and the income replacement provided by life insurance, your family may be unable to maintain its current living standard. With an Estate plan, life insurance can mean that your family will enjoy financial security.
  8. Retirement accounts. Do you have an IRA or similar retirement account? Without an Estate plan, your designated beneficiary for the retirement account funds may not reflect your current wishes and may result in burdensome tax consequences for your heirs. With an Estate plan, you can choose the optimal beneficiary.
  9. Business ownership. Do you own a business? Without an Estate plan, you don’t name a successor, thus risking that your family could lose control of the business. With an Estate plan, you choose who will own and control the business after you are gone.
  10. Avoiding probate.Without an Estate plan, your estate may be subject to delays and excess fees (depending on the state), and your assets will be a matter of public record. With an Estate plan, you can structure things so that probate can be avoided entirely.

 

If you would like further information, regarding a Raleigh estate planning attorney please contact Anglin Law Firm at 919-803-1516 or Chris Anglin via email at chris@anglinlawfirm.com.

When to Seek Medical Attention

If you have a potential personal injury case in Raleigh or Wake County, you should immediately proceed to see your personal physician or the appropriate type of physician for whatever injury you have sustained. One of the most common issues for plaintiffs (injured party) in personal injury cases is that they have waited to see a physician for several weeks or months after their accident instead of going to see the physician immediately.

This hurts the viability and potential value of your case because the Raleigh or Wake County insurance company will claim that because there is a “gap in coverage.” This means that the Raleigh or Wake County insurance company will claim that you were not injured as a result of the accident. They will try this argument no matter how ridiculous it is. A common scenario for this type of situation is where a teenager or adult in their early twenties has a joint or back injury in an accident. They will wait a while to seek treatment. In turn, the Raleigh or Wake County insurance company will argue that the eighteen year old’s back injury is not a result of the accident, but that they have a deterioration of the muscles and spinal discs in the back despite no history of this. This is of course ridiculous because only an extremely small percentage of eighteen year olds will have deterioration at this age. The insurance company will pretend to itself that the eighteen year old is actually eighty-five years of age.

Many people will be offended by this; however, if you think about it from the insurance company’s perspective, it makes perfect sense. Instead of paying many thousands of dollars to the injured party, the adjuster can tell you or your attorney that the injuries you sustained in the accident are not related to the accident because of a “gap in coverage.” So remember if you are in a Raleigh or Wake County personal injury accident, you need to proceed to your doctor or the appropriate physician immediately, both for your own personal health and to protect your personal injury case. Anglin Law Firm offers free consultations for personal injury cases in the Raleigh and Wake County area. We can be reached at anytime at 919-803-1516.

Anglin Law Leadership Award

Anglin Law Firm was proud to present its Second Annual Anglin Law Leadership award at Campbell University School of Law on March 21, 2015 to second year student Katherine Reason.  She attended Michigan State University graduating with a B.A. in communications in May 2011. Mrs. Reason was one of the many qualified applicants who applied for the scholarship; however, her application stood out due to her commitment to volunteering for the underprivileged in her community and being the incoming Editor-In-Chief of Campbell’s Law Review. She has worked extensively with Disability Rights North Carolina through providing mentorship to children with Autism.  She also excelled academically through serving as a teaching scholar for Torts 1 and Torts II.

Mrs. Reason embodies the values which the award was created to recognize. In order for students to become successful attorneys, they need to be well rounded and engaged in their community. Mrs. Reason displays these traits and is sure to be successful in her legal career in a few short years.  Mr. Anglin was glad to present the award to Mrs. Reason and said, “That Katherine Reason serves as a role model for her fellow students and will do big things as an attorney. If I had applied for this while in law school, I wouldn’t have had a chance.”  Here is a link with a picture on Campbell ‘s website:

http://law.campbell.edu/news_article.cfm?id=42701&t=reason-receives-anglin-law-leadership-award