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        <title><![CDATA[Uncategorized - Baddour, Parker, Hine & Hale]]></title>
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                <title><![CDATA[Navigating Social Security Disability in Goldsboro: A Comprehensive Guide]]></title>
                <link>https://www.goldsborolawyers.com/blog/navigating-social-security-disability-in-goldsboro-a-comprehensive-guide/</link>
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                <dc:creator><![CDATA[Law Office of Baddour, Parker, Hine & Hale]]></dc:creator>
                <pubDate>Mon, 28 Oct 2024 17:53:00 GMT</pubDate>
                
                    <category><![CDATA[Uncategorized]]></category>
                
                
                
                
                <description><![CDATA[<p>This guide helps demystify Social Security Disability claims in Goldsboro NC, focusing on two key programs: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). Whether you’re considering applying for benefits or just want to understand your options, we hope this overview will help you grasp the fundamentals of Social Security Disability. We’ll explore&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>This guide helps demystify Social Security Disability claims in Goldsboro NC, focusing on two key programs: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).</p>



<p>Whether you’re considering applying for benefits or just want to understand your options, we hope this overview will help you grasp the fundamentals of Social Security Disability.</p>



<p>We’ll explore the differences between SSDI and SSI, eligibility criteria, and how these programs can provide essential support to you and your loved ones.</p>



<p>As we delve into the details of these programs, it’s important to remember that each situation is unique. If you find yourself needing assistance with a Social Security Disability claim in Goldsboro, the team at Baddour, Parker, Hine & Hale, P.C. would be honored to provide guidance tailored to your specific circumstances.</p>



<h2 class="wp-block-heading" id="h-understanding-ssdi-and-ssi-key-differences-and-eligibility-criteria">Understanding SSDI and SSI: Key Differences and Eligibility Criteria</h2>



<h3 class="wp-block-heading" id="h-social-security-disability-insurance-ssdi">Social Security Disability Insurance (SSDI)</h3>



<p>SSDI provides monthly payments to workers who have become disabled and their dependents. The Social Security Administration manages this program, which operates similarly to the retirement benefits system.</p>



<p class="has-text-align-center"><a href="/practice-areas/personal-injury/construction-accidents/"><strong>Construction Accidents & Disability Claims</strong></a></p>



<p>Funding for SSDI comes from social security taxes paid by employees, employers, and self-employed individuals. To qualify, you must have contributed to the social security fund through payroll deductions, typically labeled as FICA on pay stubs.</p>



<p>The amount you receive in monthly disability benefits depends on your past earnings. SSDI can assist various groups, including:</p>



<ul class="wp-block-list">
<li>Disabled workers</li>



<li>Disabled surviving spouses or former spouses of deceased workers</li>



<li>Adults who became disabled before turning 22 and have a disabled, retired, or deceased parent</li>



<li>Dependents of disabled workers</li>
</ul>



<p>Unlike some other benefit programs, SSDI does not consider your current financial status or assets when determining eligibility. Instead, it focuses on your work history and the nature of your disability.</p>



<h3 class="wp-block-heading" id="h-supplemental-security-income-ssi">Supplemental Security Income (SSI)</h3>



<p>SSI functions as a separate program from SSDI. While both aim to assist people with disabilities, they have distinct eligibility requirements and funding sources.</p>



<p>SSI operates as a means-tested program, drawing its funding from general tax revenues rather than social security taxes. This program provides financial support to disabled people who have limited income and resources. Unlike SSDI, SSI does not require a work history or previous payments into the social security system.</p>



<p class="has-text-align-center"><a href="/practice-areas/other-practice-areas/supplemental-security-income-ssi/"><strong>What is Supplemental Social Security Income?</strong></a></p>



<p>You may qualify for SSI even if you have never held a job or contributed to social security taxes. However, SSI imposes strict limits on income and resources. Another key distinction is that SSI does not offer benefits to dependents, whereas SSDI does.</p>



<p>SSI serves as a financial safety net for adults or children with disabilities who meet the Social Security Administration’s income and resource criteria. This program can help those who may not qualify for SSDI due to insufficient work history but still need financial assistance because of their disability.</p>



<h3 class="wp-block-heading" id="h-eligibility-criteria-for-both-programs">Eligibility Criteria for Both Programs</h3>



<p>To receive benefits under either SSDI or SSI, you must have a physical or mental health problem, or a combination of problems, expected to last at least one year or result in death. This condition must prevent you from engaging in substantial gainful activity.</p>



<p class="has-text-align-center"><strong><a href="/practice-areas/personal-injury/traumatic-brain-injury/">What you need to know about Traumatic Brain Injuries</a></strong></p>



<p>The Social Security Administration does not base its decision on whether you can return to your previous job or if an employer would hire you for another position, like a Workers’ Compensation claim in North Carolina. Instead, they consider whether you can perform any job in the national economy. When making this determination, they evaluate your medical condition, age, education, and work experience.</p>



<p>Understanding these key differences and eligibility criteria can help determine which program might be more suitable for your situation. If you need assistance navigating these options in Goldsboro, the team at Baddour, Parker, Hine & Hale, P.C. may be able to provide guidance based on your specific circumstances.</p>



<h2 class="wp-block-heading" id="h-the-social-security-administration-s-five-step-evaluation-process">The Social Security Administration’s Five-Step Evaluation Process</h2>



<p>The Social Security Administration uses a five-step process to evaluate disability claims:</p>



<p><strong>Step 1: Current Work Activity</strong></p>



<p>They check if you are working. If you earn more than $1,550 per month in 2024, you generally cannot be considered disabled. This amount, known as substantial gainful activity, may change annually.</p>



<p><strong>Step 2: Severity of the Condition</strong></p>



<p>They assess if your condition is severe enough to interfere with basic work-related activities. The impairment must significantly limit your ability to perform fundamental job functions.</p>



<p><strong>Step 3: Listed Impairments</strong></p>



<p>The Social Security Administration checks if your condition is on their list of impairments presumed to be disabling. This list, often referred to as the “Blue Book,” includes a wide range of medical conditions that automatically qualify as disabling if the specific criteria are met.</p>



<p><strong>Step 4: Past Relevant Work</strong></p>



<p>If your condition is not on the list, they evaluate whether you can do any of your past relevant work. This assessment considers the physical and mental demands of your previous jobs and compares them to your current capabilities.</p>



<p><strong>Step 5: Other Work</strong></p>



<p>If you cannot perform your past work, they determine if you can perform any other type of work available in the national economy. This assessment considers your age, education, past work experience, and transferable skills.</p>



<p>The Social Security Administration must go through all five steps in order. If at any point they can make a determination, the evaluation stops, and a decision is made on your claim.</p>



<h3 class="wp-block-heading" id="h-medical-conditions-considered-disabling">Medical Conditions Considered Disabling</h3>



<p>The Social Security Administration recognizes a wide range of medical conditions that can potentially qualify as disabling. Some examples include:</p>



<ul class="wp-block-list">
<li><strong>Musculoskeletal problems:</strong> Severe spinal disorders, amputations, or fractures that do not heal properly</li>



<li><strong>Cardiovascular conditions:</strong> Chronic heart failure, coronary artery disease, or recurrent arrhythmias</li>



<li><strong>Respiratory illnesses:</strong> Chronic obstructive pulmonary disease (COPD), severe asthma, or cystic fibrosis</li>



<li><strong>Neurological disorders:</strong> Epilepsy, Parkinson’s disease, multiple sclerosis, or cerebral palsy</li>



<li><strong>Mental disorders:</strong> Schizophrenia, autism, intellectual disability, depression, anxiety, and post-traumatic stress disorder (PTSD)</li>



<li><strong>Immune system disorders: </strong>HIV/AIDS, lupus, rheumatoid arthritis, and kidney disease requiring dialysis</li>



<li><strong>Other conditions:</strong> Digestive tract problems, endocrine disorders, various forms of cancer, and hematological disorders</li>
</ul>



<p>The Social Security Administration evaluates each case individually, considering how the condition affects your ability to perform work-related activities. If you’re unsure whether your condition qualifies, the team at Baddour, Parker, Hine & Hale, P.C. in Goldsboro is available for consultation to help determine your options and navigate the application process.</p>



<h2 class="wp-block-heading" id="h-from-initial-application-to-appeals-what-you-need-to-know">From Initial Application to Appeals: What You Need to Know</h2>



<p>Applying for Social Security Disability benefits involves several steps:</p>



<p><strong>Initial Application:</strong> You can apply online, by phone, or in person at your local Social Security office. The application requires information about your medical condition, work history, and other relevant details. Gather all necessary documentation before starting your application to ensure a smooth process.</p>



<p><strong>Review Process:</strong> The Social Security Administration reviews your application and may request additional information. They may also ask you to undergo a medical examination at their expense.</p>



<p><strong>Initial Decision:</strong> You’ll receive a written decision. If approved, the notice will include the amount of your benefit and when payments start. If denied, it will explain why.</p>



<p><strong>Reconsideration:</strong> If your claim is denied, you can request a reconsideration. A different examiner will review your case. You can submit new evidence at this stage.</p>



<p><strong>Hearing:</strong> If the reconsideration is denied, you can request a hearing before an Administrative Law Judge. This is often the best opportunity to present your case in detail.</p>



<p><strong>Appeals Council:</strong> If the judge denies your claim, you can request a review by the Appeals Council. They may deny your request, send it back to the judge, or rarely, award benefits.</p>



<p><strong>Federal Court:</strong> The final step is filing a lawsuit in federal district court. This is a complex process that typically deserves the attention of experienced legal counsel.</p>



<p>Throughout this process, remember that persistence often pays off. Many claims denied initially are approved on appeal. The team at Baddour, Parker, Hine & Hale, P.C. in Goldsboro helps guide clients through each stage of this process.</p>



<h2 class="wp-block-heading" id="h-securing-your-future-with-social-security-disability">Securing Your Future with Social Security Disability</h2>



<p>Navigating the Social Security Disability system can be complex, but understanding the process is the first step toward securing the benefits you need. Whether you’re considering applying for SSDI or SSI, or you’re in the midst of the application process, it’s important to remember that help is available.</p>



<p class="has-text-align-center"><a href="/blog/navigating-social-security-disability-in-goldsboro-a-comprehensive-guide"><strong>Goldsboro Motorcycle Accident Information</strong></a></p>



<p>Each situation is unique, and the process can be challenging. If you find yourself struggling with your application, appeals, or understanding how different factors might affect your benefits, consider reaching out to an attorney with substantial experience handling Social Security Disability cliams.</p>



<p>In Goldsboro, North Carolina, the team at Baddour, Parker, Hine & Hale, P.C. is ready to help. We’d be honored to discuss your specific circumstances and explore how we might be able to assist with your claim. Remember, seeking <a href="/lawyers/philip-a-baddour-jr/">legal guidance</a> early in the process can help you avoid common mistakes and potentially speed up your path to receiving the benefits you need and deserve.</p>



<p>By understanding your rights and options, you’re taking an important step toward securing your future with Social Security Disability benefits. Don’t hesitate to seek the support you need throughout this journey.</p>
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                <title><![CDATA[Navigating the Complexities of Social Security Disability in Goldsboro: Beyond the Basicsauto Draft]]></title>
                <link>https://www.goldsborolawyers.com/blog/navigating-the-complexities-of-social-security-disability-in-goldsboro-beyond-the-basicsauto-draft/</link>
                <guid isPermaLink="true">https://www.goldsborolawyers.com/blog/navigating-the-complexities-of-social-security-disability-in-goldsboro-beyond-the-basicsauto-draft/</guid>
                <dc:creator><![CDATA[Law Office of Baddour, Parker, Hine & Hale]]></dc:creator>
                <pubDate>Mon, 28 Oct 2024 17:22:00 GMT</pubDate>
                
                    <category><![CDATA[Uncategorized]]></category>
                
                
                
                
                <description><![CDATA[<p>The Social Security Disability system serves as a vital safety net for Americans who find themselves unable to work due to medical conditions. While the basics of applying for benefits seem simple enough, certain aspects of the system can significantly impact your claim and the benefits you receive. This guide delves deeper into some common&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>The Social Security Disability system serves as a vital safety net for Americans who find themselves unable to work due to medical conditions. While the basics of applying for benefits seem simple enough, certain aspects of the system can significantly impact your claim and the benefits you receive.</p>



<p>This guide delves deeper into some common pitfalls. Our goal is to shed light on certain areas that often confuse applicants and beneficiaries alike. And as always, if you’re from Goldsboro and would like some legal advice, please give Attorney Phil Baddour a ring.&nbsp; It would be an honor to help!</p>



<p>Understanding the details of Social Security Disability can make a substantial difference in your experience with the system. From expedited processes for severe conditions to the impact of other benefits on your Social Security Disability payments, we hope this information empowers you to make informed decisions about your claim.</p>



<p class="has-text-align-center"><a href="/practice-areas/other-practice-areas/supplemental-security-income-ssi/"><strong>SSI Claims:  What are they?</strong></a></p>



<p>As we explore these topics, you’ll gain insight into how the Social Security Administration handles claims for particularly severe conditions, how your disability benefits might interact with other forms of compensation, and the timelines involved in receiving your payments. This knowledge can help you set realistic expectations and navigate the system more effectively.</p>



<p>While this guide provides valuable information, remember that each case is unique. The team at <a href="/lawyers/philip-a-baddour-jr/">Baddour, Parker, Hine & Hale</a>, P.C. in Goldsboro stands ready to offer personalized guidance based on your specific circumstances.</p>



<p>Let’s dive into these important aspects of Social Security Disability, starting with a program designed to fast-track claims for those with the most severe conditions.</p>



<h2 class="wp-block-heading" id="h-compassionate-allowances-expediting-claims-for-severe-conditions">Compassionate Allowances: Expediting Claims for Severe Conditions</h2>



<p>The Social Security Administration recognizes that some medical conditions are so severe that they inherently meet disability standards. To address these cases, there is a <a href="https://www.ssa.gov/compassionateallowances/">Compassionate Allowances</a> program. This initiative identifies claims of severe conditions and processes them as quickly as possible.</p>



<p>Compassionate Allowances cover a wide range of medical conditions, including certain cancers, rare genetic disorders, and severe neurological conditions. When an application involves a condition on the Compassionate Allowances list, the Social Security Administration can make a determination almost immediately, sometimes within days of receiving the claim.</p>



<p>The list of conditions qualifying for Compassionate Allowances is extensive and continuously evolving. The Social Security Administration regularly updates this list based on advances in medical understanding, input from medical experts, and public feedback. Some conditions on the list include acute leukemia, adult non-Hodgkin lymphoma, ALS (Amyotrophic Lateral Sclerosis), early-onset Alzheimer’s disease, and several forms of muscular dystrophy.</p>



<p>It’s important to note that the Compassionate Allowances program doesn’t change the criteria for receiving Social Security Disability benefits. Instead, it accelerates the decision-making process for conditions that may qualify as disabling under the Social Security Administration’s rules. This means that while the process moves faster, applicants still need to meet all other eligibility criteria for disability benefits.</p>



<p class="has-text-align-center"><strong><a href="/practice-areas/personal-injury/traumatic-brain-injury/">Traumatic Brain Injuries</a></strong></p>



<p>If you believe your condition might qualify for a Compassionate Allowance, you don’t need to take any special steps when applying for disability benefits. The Social Security Administration’s system automatically flags applications involving these conditions for expedited processing. However, ensuring your application clearly states your diagnosis and includes supporting medical evidence can help facilitate this process.</p>



<p>The Compassionate Allowances program highlights the Social Security Administration’s efforts to refine and improve its processes, particularly for those facing the most severe health challenges. It represents a significant step toward reducing wait times for those who need assistance most urgently.</p>



<p>While the Compassionate Allowances program can significantly speed up the initial decision, it doesn’t guarantee approval of your claim.</p>



<p>The Social Security Administration must still verify that you meet all eligibility criteria. Additionally, if your condition isn’t on the Compassionate Allowances list, it doesn’t mean you won’t qualify for disability benefits. Certain other conditions can meet the Social Security Administration’s definition of disability.</p>



<p>Understanding programs like Compassionate Allowances can help you navigate the Social Security Disability system more effectively. If you’re unsure whether your condition might qualify for expedited processing or you need assistance with your application, the team at Baddour, Parker, Hine & Hale, P.C. in Goldsboro would like to help. Call now to schedule a complimentary consultation.&nbsp;</p>



<h2 class="wp-block-heading" id="h-the-interplay-of-workers-compensation-and-social-security-disability-benefits">The Interplay of Workers’ Compensation and Social Security Disability Benefits</h2>



<p>Some people who apply for Social Security Disability benefits also receive workers’ compensation or other public disability payments. Understanding how these benefits interact is important, given it can significantly impact the amount you receive from Social Security.</p>



<p>The Social Security Administration can apply what’s known as an offset to your Social Security Disability Insurance (SSDI) benefits if you receive workers’ compensation or certain other public disability benefits. This offset is intended to make certain that the combined amount of your SSDI and other disability payments doesn’t exceed a certain threshold.</p>



<p>Specifically, the Social Security Administration will reduce your monthly SSDI benefits if the total amount of your SSDI, workers’ compensation, and other public disability payments exceeds 80% of your average earnings before you became disabled. This reduction applies not only to your benefits but also to those payable to your family members on your work record.</p>



<p>For example, if your average earnings were $4,000 per month before your disability, the Social Security Administration would cap your combined benefits at $3,200 (80% of $4,000). If your SSDI benefit is $2,000 and you receive $1,500 in workers’ compensation, your total benefits of $3,500 exceed the 80% threshold. In that example, the Social Security Administration would reduce your SSDI benefit by $300 to bring the total down to $3,200.</p>



<p>It’s important to note that not all disability payments trigger an offset.</p>



<p>The reduction applies to workers’ compensation benefits, which are payments you receive for job-related injuries or illnesses. It also applies to certain public disability benefits, such as civil service disability benefits, state temporary disability benefits, and state or local government retirement benefits based on disability.</p>



<p class="has-text-align-center"><a href="/practice-areas/personal-injury/construction-accidents/"><strong>Hurt at Work?</strong></a></p>



<p>However, disability payments from private sources, such as private pensions or insurance benefits, ordinarily do not affect your Social Security disability benefits. This distinction shows how important it is to consider the source and nature of any disability benefits you receive.</p>



<p>The offset rule can create complex scenarios, particularly when workers’ compensation benefits are paid as a lump sum rather than ongoing payments. If that happens, the Social Security Administration uses a formula to prorate the lump sum over a period of months to determine how it affects your SSDI benefits.</p>



<p>Understanding these different issues and setoffs can help you make informed decisions about your benefits and what is best for your individual circumstances. For instance, in some cases, carefully structuring a workers’ compensation settlement may help minimize its impact on your SSDI benefits. However, these strategies require careful consideration and often benefit from professional guidance by an experienced Social Security Disability lawyer.</p>



<p>If you’re receiving or considering applying for both workers’ compensation and Social Security Disability benefits, we think it’s a good idea to seek assistance from professionals familiar with both systems. Our team at Baddour, Parker, Hine & Hale, P.C. in Goldsboro would be honored to help you understand how these benefits interact in your specific situation and guide you in maximizing your overall benefits.</p>



<p>Remember, while the offset rules can seem complex, they’re designed to ensure a fair distribution of benefits. By understanding these rules and policies, you can better navigate the system and make decisions that best support your financial needs during your period of disability.</p>



<h2 class="wp-block-heading" id="h-retroactive-payments-and-the-five-month-waiting-period-understanding-the-timeline">Retroactive Payments and the Five-Month Waiting Period: Understanding the Timeline</h2>



<p>When you apply for Social Security Disability benefits, you may be eligible for payments that cover a period before your application date. These are called retroactive payments. However, the rules governing these payments can be complex, and it’s helpful to understand how they work.</p>



<p>The Social Security Administration may pay disability benefits for up to 12 months before the date you apply. This means that if you became disabled well before you submitted your application, you <em>might </em>receive benefits covering that earlier period. However, several factors can affect whether you’ll receive retroactive payments and how much you’ll ultimately receive.</p>



<p>One key factor is the five-month waiting period.</p>



<p>The Social Security Administration typically doesn’t pay benefits for the first five full months after the onset of your disability. This waiting period is intended to serve as a buffer for short-term disabilities that may resolve quickly. For example, if the Social Security Administration determines your disability began on January 15, your first benefit payment would ordinarily cover the month of July.</p>



<p class="has-text-align-center"><strong><a href="https://www.ssa.gov/disability/eligibility" target="_blank" rel="noreferrer noopener">Are you eligible for Social Security Disability?</a></strong></p>



<p>The combination of retroactive payments and the waiting period can make the process a bit overwhelming. If you applied for benefits seven months after your disability began, you would receive two months of retroactive payments (months six and seven). If you applied 18 months after your disability began, you could receive up to 12 months of retroactive payments (starting from month six).</p>



<p>It’s helpful to note that the date the Social Security Administration determines your disability began (known as the established onset date) may differ from when you believe your disability started.</p>



<p><em>“The established onset date is based on medical evidence and can significantly impact your retroactive payments – Phil Baddour, Goldsboro Social Security Disability Lawyer</em></p>



<p>For Supplemental Security Income (SSI), the rules differ. SSI payments can’t be made for any period before the month you file an application. There’s no provision for retroactive SSI payments based on the onset of disability before the application date.</p>



<p>Understanding these timelines can help you decide when to apply for benefits. Delaying your application could result in the loss of potential retroactive benefits. However, applying too early, before you meet the definition of disability, could lead to a denial of your claim.</p>



<p><a href="/comprehensive-guides/comprehensive-guide-to-motorcycle-accident-lawyers-in-goldsboro-nc/"><strong>What You Need to Know About Motorcycle Accidents</strong></a></p>



<p>The process of determining retroactive payments and applying the waiting period can be complex, if not downright confusing. Different factors, including your work history, the nature of your disability, and the timing of your application, all play a role. Each case is unique, and the calculations can be complicated.</p>



<p>If you’re considering applying for Social Security Disability benefits or have questions about potential retroactive payments, we think it’s a good idea to retain an experienced disability attorney. Our team at Baddour, Parker, Hine & Hale, P.C. in Goldsboro would like to help you understand how these rules may apply to your specific situation. We want you to receive all the benefits to which you’re entitled.</p>



<p>Remember, while retroactive payments can provide valuable financial support, the primary goal is to secure ongoing benefits for your current and future needs. Understanding the full timeline of the disability benefit process, from onset to application to approval, can help you navigate the system more effectively and set realistic expectations about when you might start receiving benefits.</p>



<h2 class="wp-block-heading" id="h-securing-your-future-in-goldsboro-navigating-the-social-security-disability-landscape">Securing Your Future in Goldsboro: Navigating the Social Security Disability Landscape</h2>



<p>The Social Security Disability system, while pretty complex, provides much-needed support for people who are unable to work due to medical conditions. By understanding its intricacies – from Compassionate Allowances to benefit offsets and retroactive payments – it makes it easier to navigate the system more effectively.&nbsp; Ultimately, this is about your financial future and best interests.</p>



<p>Remember that each situation is unique. The timing of your application, the nature of your disability, and any other benefits you receive can all impact your Social Security Disability claim. While this guide provides a foundation for understanding how things work in the system, it’s not a substitute for personalized legal advice.</p>



<p>As you move forward with your Social Security Disability claim, consider the following key points:</p>



<ul class="wp-block-list">
<li>Act promptly when applying for benefits to avoid losing potential retroactive payments.</li>



<li>Be aware of how other disability benefits might affect your Social Security Disability payments.</li>



<li>Understand that severe conditions may qualify for expedited processing through the Compassionate Allowances program.</li>



<li>Keep in mind the five-month waiting period when planning for benefit payments.</li>
</ul>



<p>Navigating the Social Security Disability system can be challenging, but you don’t have to do it alone. If you find yourself struggling with your application, appeals, or understanding how different factors might affect your benefits, seeking professional guidance can be invaluable.</p>



<p>In Goldsboro, North Carolina, our team at Baddour, Parker, Hine & Hale, P.C. stands ready to help. We provide guidance tailored to your specific circumstances, helping you navigate the application process, understand potential benefit interactions, and plan for your financial future.</p>



<p>By arming yourself with knowledge and seeking appropriate legal guidance, you can approach the Social Security Disability process with more confidence. Remember, the goal is not just to secure benefits but to establish a stable financial foundation that supports you through your period of disability. We want you to receive the benefits you need and deserve.</p>
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                <title><![CDATA[North Carolina General Statute § 1-139 – Contributory Negligence]]></title>
                <link>https://www.goldsborolawyers.com/blog/north-carolina-general-statute-1-139-contributory-negligence/</link>
                <guid isPermaLink="true">https://www.goldsborolawyers.com/blog/north-carolina-general-statute-1-139-contributory-negligence/</guid>
                <dc:creator><![CDATA[Law Office of Baddour, Parker, Hine & Hale]]></dc:creator>
                <pubDate>Mon, 19 Aug 2024 18:03:00 GMT</pubDate>
                
                    <category><![CDATA[Uncategorized]]></category>
                
                
                
                
                <description><![CDATA[<p>North Carolina stands among a handful of states that still adhere to the contributory negligence doctrine in personal injury law. This article explores this legal concept, its implications, and how it shapes personal injury cases in Goldsboro and Wayne County. The Contributory Negligence Defense Contributory negligence can prevent an injured party from recovering damages if&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>North Carolina stands among a handful of states that still adhere to the contributory negligence doctrine in personal injury law. This article explores this legal concept, its implications, and how it shapes personal injury cases in Goldsboro and Wayne County.</p>



<h2 class="wp-block-heading" id="h-the-contributory-negligence-defense">The Contributory Negligence Defense</h2>


<div class="wp-block-image">
<figure class="alignright size-full is-resized"><img loading="lazy" decoding="async" width="624" height="351" src="/static/2025/08/image-13.png" alt=" Contributory Negligence" class="wp-image-123" style="width:300px" srcset="/static/2025/08/image-13.png 624w, /static/2025/08/image-13-300x169.png 300w" sizes="auto, (max-width: 624px) 100vw, 624px" /></figure></div>


<p>Contributory negligence can prevent an injured party from recovering damages if they played any role in causing their own injury.</p>



<p>In North Carolina, if a plaintiff is found to bear even the slightest responsibility for their injuries, they may be barred from receiving any compensation.</p>



<p><em>“The person who caused your injury should be held responsible. “Contrib” in North Carolina benefits the big insurance companies, making them millions of extra dollars each year – Phil Baddour, Goldboro Accident Lawyer</em></p>



<p>The contributory negligence defense applies to various personal injury scenarios, such as <a href="/faqs/18-wheeler-accidents-in-goldsboro-nc-helpful-answers-to-faqs/">trucking accidents</a>, vehicle collisions (cars, <a href="/blog/what-are-some-common-types-of-motorcycle-accidents/">motorcycles</a>, and pedestrians), and premises liability cases (slip and fall accidents).</p>



<h2 class="wp-block-heading" id="h-core-components-of-negligence">Core Components of Negligence</h2>



<p>To comprehend contributory negligence, it’s helpful to understand the four key elements that form the basis of any negligence claim:</p>



<ol start="1" class="wp-block-list">
<li>Obligation to others: The defendant had a responsibility to act with care towards the plaintiff.  They owe a <em>duty </em>to others. </li>



<li>Failure to meet that obligation: The defendant’s actions fell short of this responsibility.  That’s often called a <em>breach</em> or <em>breach of duty.</em></li>



<li>Link between action and harm: The defendant’s failure directly led to the plaintiff’s injury. Accident lawyers refer to that as <em>proximate cause. </em></li>



<li>Actual harm: The plaintiff suffered genuine losses or injuries as a result</li>
</ol>



<p>The contributory negligence rule also examines how the plaintiff’s own actions might have played a role in injuries and damages, particularly regarding the link between action and harm.</p>



<h2 class="wp-block-heading" id="h-causation-in-contributory-negligence">Causation in Contributory Negligence</h2>


<div class="wp-block-image">
<figure class="alignright size-full is-resized"><img loading="lazy" decoding="async" width="624" height="351" src="/static/2025/08/image-14.png" alt="Ambulance" class="wp-image-124" style="width:300px" srcset="/static/2025/08/image-14.png 624w, /static/2025/08/image-14-300x169.png 300w" sizes="auto, (max-width: 624px) 100vw, 624px" /></figure></div>


<p>Causation in negligence cases involves two types:</p>



<ol start="1" class="wp-block-list">
<li>Cause in Fact: The injury would not have occurred “but for” the defendant’s actions</li>



<li>Proximate Cause: The injury was a reasonably foreseeable consequence of the defendant’s actions</li>
</ol>



<p>For contributory negligence to apply, the plaintiff’s actions must be both a cause in fact and a proximate cause of their own injuries. Under <a href="https://www.ncleg.gov/enactedlegislation/statutes/pdf/bysection/chapter_1/gs_1-139.pdf">North Carolina General Statute § 1-139</a>, the defendant carries the burden of proof to prove Contributory Negligence.</p>



<h2 class="wp-block-heading" id="h-legal-principles-to-soften-the-impact">Legal Principles to Soften the Impact</h2>



<p>North Carolina courts have developed several legal doctrines to temper the potentially severe effects of contributory negligence:</p>



<h3 class="wp-block-heading" id="h-last-clear-chance-doctrine">Last Clear Chance Doctrine</h3>



<p>This principle allows recovery for a contributorily negligent plaintiff if they can show the defendant had the last clear chance to prevent the accident.</p>



<p>The plaintiff carries the burden to establish:</p>



<ol start="1" class="wp-block-list">
<li>They were in a perilous situation they couldn’t escape</li>



<li>The defendant was aware (or should have been aware) of the plaintiff’s predicament</li>



<li>The defendant had both the time and means to prevent harm to the plaintiff</li>



<li>The defendant failed to take reasonable steps to avoid injuring the plaintiff</li>
</ol>



<h3 class="wp-block-heading" id="h-proximate-cause-doctrine">Proximate Cause Doctrine</h3>



<p>Courts may find that a plaintiff’s negligence, while present, wasn’t a proximate cause of their injury. This determination involves considering:</p>



<ol start="1" class="wp-block-list">
<li>Whether a foreseeable result occurred in an unforeseeable way</li>



<li>If the extent or type of harm was reasonably foreseeable</li>



<li>Whether the injured party was within a foreseeable group of potential victims</li>
</ol>



<h3 class="wp-block-heading" id="h-gross-negligence">Gross Negligence</h3>



<p>If a defendant’s actions are deemed exceptionally reckless or intentional, a plaintiff may still recover damages despite their own negligence. This involves behavior that shows a conscious and deliberate disregard for others’ rights and safety.&nbsp;</p>



<p>If a defendant’s actions are deemed “willful or wanton,” that could be deemed <em>gross negligence</em>.  Accidents caused by <a href="/practice-areas/personal-injury/drunk-driver-accidents/">drunk driving </a>often involve claims of gross negligence andpossible punitive damages. </p>



<p><a href="/blog/how-serious-is-whiplash/"><strong>How serious is Whiplash?</strong></a></p>



<h2 class="wp-block-heading" id="h-contributory-vs-comparative-negligence">Contributory vs. Comparative Negligence</h2>


<div class="wp-block-image">
<figure class="alignright size-full is-resized"><img loading="lazy" decoding="async" width="624" height="351" src="/static/2025/08/image-15.png" alt="U.S. Judge" class="wp-image-125" style="width:300px" srcset="/static/2025/08/image-15.png 624w, /static/2025/08/image-15-300x169.png 300w" sizes="auto, (max-width: 624px) 100vw, 624px" /></figure></div>


<p>Most states employ a comparative negligence system, where damages are reduced based on the plaintiff’s degree of fault. North Carolina’s contributory negligence system is more stringent, potentially barring recovery entirely.</p>



<p><em>“Contributory negligence and how it’s applied in North Carolina is flat-out unfair. I’ve seen it ruin lives – Phil Baddour, Accident Lawyer in Wayne County NC</em></p>



<h2 class="wp-block-heading" id="h-impact-on-personal-injury-cases-in-goldsboro">Impact on Personal Injury Cases in Goldsboro</h2>



<p>The contributory negligence doctrine significantly influences personal injury cases in North Carolina:</p>



<ol start="1" class="wp-block-list">
<li>Plaintiffs face a higher burden to prove they weren’t at fault</li>



<li>Thorough evidence-gathering becomes increasingly important</li>



<li>Cases may be more likely to go to trial rather than settle</li>



<li>There’s a greater focus on demonstrating the defendant’s sole responsibility</li>
</ol>



<h2 class="wp-block-heading" id="h-navigating-contributory-negligence-in-nc">Navigating Contributory Negligence in NC</h2>



<p>Given the complexities of contributory negligence, if you’ve been injured in an accident in Wayne County, we think it’s a good idea to:</p>



<ol start="1" class="wp-block-list">
<li>Document all aspects of the incident thoroughly, especially regarding the defendant’s role in causing the wreck</li>



<li>Avoid making statements about what took place. Even if you feel bad for the person who caused the wreck, realize insurance companies will use anything they can that might possibly imply fault on your part. They profit off your losses. </li>



<li>Understand how the contributory negligence doctrine applies to your specific situation</li>



<li>Explore all potential mitigating doctrines. An accident lawyer in Wayne County can help you do that. </li>
</ol>



<h2 class="wp-block-heading" id="h-ongoing-debates-and-developments">Ongoing Debates and Developments</h2>



<p>Discussions continue about potentially changing North Carolina’s contributory negligence system. Accident lawyers advocating for change argue that the current system all too often leads to <em>extraordinarily unfair </em>outcomes.</p>



<p>The big insurance companies maintain it promotes personal responsibility and limits frivolous lawsuits, which is ironic (if not hypocritical) given their insured is avoiding <em>any form of legal liability</em> by alleging “contrib.”&nbsp;</p>



<p>The plaintiff bears the entire burden of the wreck. In so doing, the defendant has no responsibility for their actions.&nbsp;&nbsp;</p>



<h2 class="wp-block-heading" id="h-real-world-examples">Real-World Examples</h2>



<p>To better understand how contributory negligence and its mitigating doctrines work in practice, consider these hypothetical scenarios:</p>



<h3 class="wp-block-heading" id="h-last-clear-chance">Last Clear Chance</h3>



<p>A pedestrian jaywalks across North Berkeley Boulevard in Goldsboro at night. A driver, distracted by their phone, approaches from the direction of Wayne Memorial Drive. If the driver had enough time to see and avoid the pedestrian but failed to do so, the last clear chance doctrine might apply, allowing the pedestrian to recover despite their own negligence in jaywalking.</p>



<h3 class="wp-block-heading" id="h-proximate-cause">Proximate Cause</h3>



<p>At the annual North Carolina Pickle Festival in Mount Olive, a visitor trips on an uneven sidewalk near the Mt. Olive Pickle Company headquarters. While the visitor was distracted by a pickle-eating contest, the town had failed to maintain the sidewalk properly. A court might find that while the visitor’s distraction contributed to the fall, the poorly maintained sidewalk was the proximate cause of the injury.</p>



<h3 class="wp-block-heading" id="h-gross-negligence-0">Gross Negligence</h3>



<p>During an illegal drag racing incident on US-70 near Rosewood, a spectator negligently stands too close to the road. One driver is visibly intoxicated after leaving a local bar. If an accident occurs, the spectator might still recover damages due to the driver’s gross negligence in driving while impaired.</p>



<h3 class="wp-block-heading" id="h-standard-contributory-negligence">Standard Contributory Negligence</h3>



<p>A driver is speeding 10 mph over the limit on Ash Street in Goldsboro. Another driver fails to yield at the intersection with Herman Street, resulting in a collision. While the failure to yield is the primary cause, the speeding driver may be found contributorily negligent, potentially barring their recovery.</p>



<h2 class="wp-block-heading" id="h-conclusion">Conclusion</h2>



<p>North Carolina’s adherence to contributory negligence makes personal injury cases particularly complex if not downright confusing. Understanding this doctrine and its mitigating factors is essential for anyone involved in a motorcycle accident, car wreck, or <a href="/blog/3-reasons-why-truck-accidents-happen/">trucking accident</a> in Wayne County NC.&nbsp;</p>



<p>The nuances of contributory negligence, including the last clear chance doctrine, proximate cause considerations, and gross negligence exceptions, can significantly impact you and your ability to obtain full and fair compensation for your damages. These factors underscore the importance of careful consideration and thorough analysis by your accident lawyer.</p>



<p>If you’ve been in an accident in Goldboro, we’d like to help. <a href="/lawyers/philip-a-baddour-jr/">Attorney Phil Baddour</a> would be honored to review your case and let you know if we can help. The consultation is free. For accident cases involving slip and fall injuries, car accidents, trucking accidents, and motorcycle wrecks, we provide a free case evaluation to see if North Carolina General Statute § 1-139 –&nbsp; contributory negligence doctrine apply.</p>



<p></p>
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                <title><![CDATA[The Impact of Texting While Driving: A Goldsboro Attorney’s Perspective]]></title>
                <link>https://www.goldsborolawyers.com/blog/the-impact-of-texting-while-driving-a-goldsboro-attorneys-perspective/</link>
                <guid isPermaLink="true">https://www.goldsborolawyers.com/blog/the-impact-of-texting-while-driving-a-goldsboro-attorneys-perspective/</guid>
                <dc:creator><![CDATA[Law Office of Baddour, Parker, Hine & Hale]]></dc:creator>
                <pubDate>Mon, 19 Aug 2024 17:55:00 GMT</pubDate>
                
                    <category><![CDATA[Uncategorized]]></category>
                
                
                
                
                <description><![CDATA[<p>As an attorney practicing in Goldsboro, North Carolina, I’ve witnessed the profound effects oftexting while driving on our community. This seemingly quick action can lead to life-alteringconsequences, affecting not just the driver, but passengers, pedestrians, and other motorists onWayne County roads. In this article, we’ll explore the issue of texting while driving and examine its&hellip;</p>
]]></description>
                <content:encoded><![CDATA[<div class="wp-block-image">
<figure class="alignright size-full is-resized"><img loading="lazy" decoding="async" width="975" height="548" src="/static/2025/08/image-10.png" alt="No Texting Sign" class="wp-image-118" style="width:300px" srcset="/static/2025/08/image-10.png 975w, /static/2025/08/image-10-300x169.png 300w, /static/2025/08/image-10-768x432.png 768w" sizes="auto, (max-width: 975px) 100vw, 975px" /></figure></div>


<p>As an attorney practicing in Goldsboro, North Carolina, I’ve witnessed the profound effects of<br>texting while driving on our community. This seemingly quick action can lead to life-altering<br>consequences, affecting not just the driver, but passengers, pedestrians, and other motorists on<br>Wayne County roads.</p>



<p>In this article, we’ll explore the issue of texting while driving and examine its impact on our local area.</p>



<p>We’ll discuss some of the legal ramifications under North Carolina law, the personal costs that go beyond legal penalties, and potential solutions to this growing problem.</p>



<p>Our goal is to provide valuable information to our community, raise awareness about the dangers of texting while driving, and offer practical advice to make our roads safer.</p>



<p>Whether you’re a longtime Goldsboro resident or new to Wayne County, understanding the risks and consequences of texting while driving is essential for everyone who uses our roads.</p>



<p>In the following sections, we’ll delve deeper into various aspects of this issue, always with an eye toward how it affects our local community. Let’s work together to make Goldsboro’s streets safer for everyone!</p>



<h2 class="wp-block-heading" id="h-texting-and-driving-understanding-the-problem-in-wayne-county">Texting and Driving: Understanding the Problem in Wayne County</h2>



<p>While specific statistics for Goldsboro and Wayne County are limited, the issue of texting while driving is a significant concern across North Carolina.</p>



<p><em>As a Goldsboro attorney, I’ve observed the impact of this dangerous behavior on our local community, reflecting broader statewide trends</em> – Phil Baddour, Attorney at Law</p>



<p>North Carolina, like many states, has seen an increase in distracted driving incidents over recent years.</p>



<p>The North Carolina Department of Transportation reports that distracted driving contributes to a substantial number of accidents statewide.</p>



<p>While these figures encompass various forms of distraction, cell phone use, particularly texting, is a primary concern.</p>



<p>In Goldsboro and the surrounding Wayne County area, we see the effects of this problem on our local roads.</p>



<h2 class="wp-block-heading" id="h-faqs-trucking-accidents-in-goldsboro">FAQs – Trucking Accidents in Goldsboro</h2>



<p>From busy downtown streets to rural highways, the temptation to check a text message can arise anywhere, putting drivers, passengers, and pedestrians at risk.</p>



<p>Our area’s diverse mix of urban and rural environments presents unique challenges regarding distracted driving</p>



<p>It’s important to note that official statistics likely underrepresent the true scope of the problem.</p>



<p>Many incidents of texting while driving go unreported or are difficult to prove after the fact.</p>



<p>Additionally, drivers may be reluctant to admit to using their phones at the time of an accident, further complicating data collection efforts.</p>



<p>What we do know is that texting while driving is particularly dangerous because it combines all three types of distraction: visual (taking your eyes off the road), manual (taking your hands off the wheel), and cognitive (taking your mind off driving).</p>



<p>Even a brief moment of distraction can have severe consequences, especially at higher speeds or in heavy traffic conditions common in parts of Goldsboro.</p>



<p>While we may not have precise local figures, the impact of distracted driving is evident in our community.</p>



<p><em>As a local attorney, I’ve worked with clients who have been affected by accidents caused by texting drivers. These cases serve as stark reminders of the very real dangers this behavior poses on our local roads</em> – Phil Baddour, Accident Lawyer in Wayne County NC</p>



<p>Understanding the scope of this issue is the first step in addressing it.</p>



<h2 class="wp-block-heading" id="h-legal-consequences-of-distracted-driving-in-north-carolina">Legal Consequences of Distracted Driving in North Carolina</h2>


<div class="wp-block-image">
<figure class="alignright size-full is-resized"><img loading="lazy" decoding="async" width="975" height="548" src="/static/2025/08/image-11.png" alt="Man texting and driving" class="wp-image-119" style="width:300px" srcset="/static/2025/08/image-11.png 975w, /static/2025/08/image-11-300x169.png 300w, /static/2025/08/image-11-768x432.png 768w" sizes="auto, (max-width: 975px) 100vw, 975px" /></figure></div>


<p>In Goldsboro and throughout Wayne County, drivers need to be aware of the serious legal implications of texting while driving.</p>



<p>North Carolina law is clear on this matter: it’s illegal for all drivers to compose, read, or send text messages or emails while operating a vehicle.</p>



<p>The specific statute, N.C. Gen. Stat. § 20-137.4A, applies whether you’re cruising down Berkeley Boulevard or waiting at a stoplight on Ash Street.</p>



<p>This law affects all drivers, from teenagers heading to Goldsboro High School to commuters on their way to Seymour Johnson Air Force Base.</p>



<h2 class="wp-block-heading" id="h-what-you-need-to-know-about-motorcycle-accidents">What you need to know about Motorcycle Accidents</h2>



<p>In Wayne County, as in the rest of North Carolina, if texting while driving leads to an accident, the legal consequences can escalate quickly.</p>



<p>Drivers might face charges of careless and reckless driving, which carries more severe penalties. Distracted driving may also serve as a basis for felony criminal charges in certain circumstances.</p>



<p>What many Goldsboro residents might not realize is how texting while driving can affect civil liability if found to be criminally negligent.</p>



<p>In lawsuits following accidents, evidence of texting can be powerful proof of negligence.</p>



<p>While many rely on driving for work, the economic impact of such a judgment can be devastating.</p>



<p>Local employers, from Wayne UNC Health Care to major retailers in Berkeley Mall, increasingly implementing strict policies against using mobile devices while driving for work purposes.</p>



<p>A texting-while-driving conviction could jeopardize employment, especially in jobs that require driving.</p>



<p>As we look to the future, there’s ongoing discussion in North Carolina about strengthening penalties for distracted driving.</p>



<p>While no specific legislation is currently pending, it’s a topic of concern for many in our state government.</p>



<p>For Goldsboro drivers, understanding these legal consequences is essential.</p>



<p>The momentary urge to check a text message simply isn’t worth the potential legal and financial risks.</p>



<h2 class="wp-block-heading" id="h-beyond-fines-the-real-life-costs-of-texting-while-driving">Beyond Fines: The Real-Life Costs of Texting While Driving</h2>



<p>While legal penalties for texting while driving in Goldsboro are significant, they often pale in comparison to the real-life costs that can result from this dangerous behavior.</p>



<p>One of the most immediate and devastating costs can be physical injury.</p>



<p>Accidents caused by distracted driving on busy roads like US-70 or NC-111 can result in severe injuries, ranging from whiplash and broken bones to more serious trauma.</p>



<p>These injuries may require extensive medical treatment, potentially including stays at Wayne UNC Health Care or specialized care in larger cities like Raleigh NC.</p>



<p>The road to recovery can be long and challenging, often involving ongoing physical therapy and rehabilitation.</p>



<p>The financial burden of these accidents extends far beyond initial medical bills.</p>



<p>Victims may face lost wages due to inability to work, sometimes for extended periods.</p>



<p>In a community like Goldsboro, where many residents work in manufacturing, agriculture, or at Seymour Johnson Air Force Base, extended time off work can be financially crippling.</p>



<p>Additionally, vehicle repair or replacement costs can add significant financial strain.</p>



<p>Emotional and psychological costs are often overlooked but can be just as impactful.</p>



<p>Individuals involved in serious accidents may experience anxiety, depression, or post-traumatic stress disorder (PTSD).</p>



<p>These conditions can affect not only the person’s quality of life but also their ability to work and maintain relationships.</p>



<p>In our tight-knit Wayne County community, the ripple effects of such trauma can be felt widely.</p>



<p>Family dynamics can shift dramatically in the wake of a serious accident.</p>



<p>Family members may need to take on caregiver roles, altering their own life plans and potentially impacting their careers.</p>



<p>The stress of managing medical care, dealing with insurance companies, and navigating potential legal issues can strain even the strongest family bonds.</p>



<p>For young drivers in Goldsboro, a texting-while-driving incident can have long-lasting effects on their future.</p>



<p>A serious accident can impact college applications, job prospects, and insurance rates for years to come.</p>



<p>This is particularly concerning in a community where we strive to retain our young talent. The community impact is also significant.</p>



<p>Emergency services in Wayne County, already stretched thin, face additional strain responding to preventable accidents.</p>



<p>Increased insurance claims in our area can lead to higher premiums for everyone, affecting household budgets across Goldsboro.</p>



<p>Perhaps the most tragic cost is the potential loss of life.</p>



<p>While we hope it never happens, fatalities due to distracted driving do occur.</p>



<p>The loss of a community member reverberates through Goldsboro, affecting families, friends, coworkers, and neighbors.</p>



<p>No text message is worth this ultimate price.</p>



<p>As we consider these real-life costs, it becomes clear that the true price of texting while driving extends far beyond any fine or legal penalty.</p>



<p>It’s a price paid not just by individuals, but by our entire Wayne County community.</p>



<p>By understanding these impacts, we can hopefully motivate ourselves and our neighbors to put down the phone and focus on safe driving, preserving the well-being of everyone who calls Goldsboro home.</p>



<h2 class="wp-block-heading" id="h-frequently-asked-questions-about-texting-and-driving-in-goldsboro">Frequently Asked Questions About Texting and Driving in Goldsboro</h2>


<div class="wp-block-image">
<figure class="alignright size-full is-resized"><img loading="lazy" decoding="async" width="975" height="548" src="/static/2025/08/image-12.png" alt="Car Accident" class="wp-image-120" style="width:300px" srcset="/static/2025/08/image-12.png 975w, /static/2025/08/image-12-300x169.png 300w, /static/2025/08/image-12-768x432.png 768w" sizes="auto, (max-width: 975px) 100vw, 975px" /></figure></div>


<p><em><strong>How can texting while driving affect a personal injury claim in Wayne County?</strong></em></p>



<p>If you’re injured in an accident caused by a driver who was texting in Wayne County, it can significantly impact your personal injury claim. Texting while driving may be considered negligent behavior, which can strengthen your case. Here’s how it might affect your claim:</p>



<ul class="wp-block-list">
<li>Liability; Evidence of texting can help establish the other driver’s fault, potentially making<br>it easier to prove liability.</li>



<li>Damages: If the at-fault driver’s texting demonstrates a particularly reckless disregard for<br>safety, it might increase the likelihood of recovering punitive damages in addition to<br>compensatory damages.</li>



<li>Insurance negotiations: Proof of texting can provide leverage in settlement negotiations<br>with insurance companies, potentially leading to an expedited settlement offer.</li>



<li>Court perception: If your case goes to trial, evidence of texting while driving often<br>resonates strongly with juries in Wayne County, as it’s a relatable and clearly dangerous<br>behavior.</li>
</ul>



<p>An experienced Goldsboro personal injury attorney can help gather this evidence and advocate for your best interests. Every situation is unique, so it’s important to consult with a lawyer who can provide guidance tailored to your specific circumstances.</p>



<p><em><strong>Does North Carolina’s contributory negligence law affect texting and driving accident claims in Goldsboro?</strong></em></p>



<p>North Carolina follows the contributory negligence rule, which can significantly impact negligence claims relating to car accidents, motorcycle wrecks, truck accidents, etc.</p>



<p>Under the “contrib” law:</p>



<ul class="wp-block-list">
<li>If you are even slightly at fault for the accident, you may be barred from recovering<br>compensation.</li>



<li>In texting and driving cases, this means that if you were texting while driving and got hit<br>by another driver who was also texting, that could be problematic.</li>



<li>However, if you can prove the other driver was texting and you were not, that could<br>strengthen your position in a claim.</li>
</ul>



<p>The contributory negligence rule is yet another reason to document the accident scene thoroughly. If possible:</p>



<ul class="wp-block-list">
<li>Obtain witness contact information</li>



<li>Take photos of the accident scene</li>



<li>Request police reports</li>
</ul>



<p>Given the complexities of contributory negligence in North Carolina, it’s helpful to consult with a Goldsboro attorney experienced in handling texting and driving accident cases. We can help evaluate your case and advise on the best course of action based on the specific details of your situation.</p>



<p>Remember, each case is unique, and the outcome depends on various factors. An attorney can provide guidance tailored to your individual circumstances.</p>



<h2 class="wp-block-heading" id="h-goldsboro-accident-lawyer-phil-baddour">Goldsboro Accident Lawyer: Phil Baddour</h2>



<p>Texting while driving poses a serious threat to the safety of everyone on Goldsboro’s roads. From busy downtown streets to the quieter roads of Wayne County, a moment’s distraction can lead to life-changing consequences.</p>



<p>If you’ve been affected by a distracted driving incident in Goldsboro, know that you may have legal options. Call Goldboro lawyer Phil Baddour if you’ve been wrongfully injured due to someone else’s negligence.</p>
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                <title><![CDATA[Shoulder Injuries for Truck Drivers]]></title>
                <link>https://www.goldsborolawyers.com/blog/shoulder-injuries-for-truck-drivers/</link>
                <guid isPermaLink="true">https://www.goldsborolawyers.com/blog/shoulder-injuries-for-truck-drivers/</guid>
                <dc:creator><![CDATA[Law Office of Baddour, Parker, Hine & Hale]]></dc:creator>
                <pubDate>Mon, 20 Sep 2021 18:47:00 GMT</pubDate>
                
                    <category><![CDATA[Uncategorized]]></category>
                
                
                
                
                <description><![CDATA[<p>Certain occupations in North Carolina carry a potential for specific types of injuries to workers in those industries. One of those occupations with specific common injuries is truck driving, and some of these are shoulder problems. This obviously occurs due to the strain put on the shoulders of drivers while in constant motion, not to&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>Certain occupations in North Carolina carry a potential for specific types of injuries to workers in those industries. One of those occupations with specific common injuries is truck driving, and some of these are shoulder problems. This obviously occurs due to the strain put on the shoulders of drivers while in constant motion, not to mention performing other job-related tasks such as hooking up and releasing trailers from the tractor. Drivers who understand this long-term industry impact typically use some simple safety principles in avoiding the development of shoulder problems.</p>



<h2 class="wp-block-heading" id="h-proper-trailer-connecting-positioning">Proper Trailer Connecting Positioning</h2>



<p>One of the most stressful duties for truck drivers is cranking trailers into position for tractor hitch interlock. Standing straight up can allow for usage of the back and leg muscles when cranking a load up or down, which then takes stress away from the shoulders. Many drivers who have not followed this protocol have had to file <a href="/practice-areas/other-practice-areas/workers-compensation/">workers’ compensation</a> claims after being injured.</p>



<h2 class="wp-block-heading" id="h-driving-awareness">Driving Awareness</h2>



<p>Truck drivers actually spend most of their time behind the wheel with their shoulders in constant motion. Even the process of having a grip on the wheel creates stress. While having two hands on the wheel at all times is vital for safety reasons, resting the shoulders as much as possible while driving is a priority as well. This is especially true late in shifts or when on a long haul where an arrival time can be met in one driving shift. Failing to rest the shoulders can easily result in repetitive stress injuries over the years that lead to <a href="/practice-areas/other-practice-areas/workers-compensation/">workers’ compensation</a> claims.</p>



<p>Any truck driver in North Carolina who is suffering from shoulder pain should seek medical attention as soon as possible. A medical diagnosis could easily result in uncovering a developing injury that will manifest later in life. While soreness is not necessarily an injury, there could be an underlying injury creating the pain. Shoulder problems are far too common among professional drivers who have had long careers.</p>
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                <title><![CDATA[How Bicyclists Can Protect Themselves on the Road]]></title>
                <link>https://www.goldsborolawyers.com/blog/how-bicyclists-can-protect-themselves-on-the-road/</link>
                <guid isPermaLink="true">https://www.goldsborolawyers.com/blog/how-bicyclists-can-protect-themselves-on-the-road/</guid>
                <dc:creator><![CDATA[Law Office of Baddour, Parker, Hine & Hale]]></dc:creator>
                <pubDate>Fri, 13 Aug 2021 15:18:00 GMT</pubDate>
                
                    <category><![CDATA[Uncategorized]]></category>
                
                
                
                
                <description><![CDATA[<p>Unfortunately, the dangers for bicyclists on the road are considerable as drivers are not always kind or considerate. However, there are ways for North Carolina cyclists to protect themselves while biking. Safety Tips for Cyclists Motor vehicle accidents and bicycle accidents have quite a bit in common as both often involve one of the operators&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>Unfortunately, the dangers for bicyclists on the road are considerable as drivers are not always kind or considerate. However, there are ways for North Carolina cyclists to protect themselves while biking.</p>



<h2 class="wp-block-heading" id="h-safety-tips-for-cyclists">Safety Tips for Cyclists</h2>



<p><a href="/practice-areas/personal-injury/">Motor vehicle accidents</a> and bicycle accidents have quite a bit in common as both often involve one of the operators being distracted or speeding. Paying attention to the road and all local laws can go a long way to protecting yourself while cycling. Other <a href="/practice-areas/personal-injury/bicycle-pedestrain-accidents/">bicycle safety tips</a> include the following:</p>



<ul class="wp-block-list">
<li>Always wear a helmet. There is no question that wearing a helmet significantly decreases your risk of injury and death if you get into an accident. Many states and local governments have mandates that require bikers to wear a helmet.</li>



<li>Wear appropriate reflective clothing and consider adding a light to your bike if you are riding at night. According to studies, bicycle deaths are most likely to happen between 6 and 9 p.m.</li>



<li>Make sure you are familiar with all local and state laws regarding bicycles. Local drivers will be used to bikers who obey these laws, and doing the same can ensure that you decrease the odds of getting into an accident.</li>
</ul>



<p>If you are injured while using your bike, you may be entitled to financial compensation from the negligent driver or their insurance company. If you’re hurt, maintain all documentation to help you protect your rights.</p>



<p>Remember, you can do quite a bit to protect yourself while using your bike to commute. Following the above tips can go a long way toward giving you the protection you need out on the road.</p>
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                <title><![CDATA[Repetitive Knee Injuries Can Lead To Workers’ Compensation Claims]]></title>
                <link>https://www.goldsborolawyers.com/blog/repetitive-knee-injuries-can-lead-to-workers-compensation-claims/</link>
                <guid isPermaLink="true">https://www.goldsborolawyers.com/blog/repetitive-knee-injuries-can-lead-to-workers-compensation-claims/</guid>
                <dc:creator><![CDATA[Law Office of Baddour, Parker, Hine & Hale]]></dc:creator>
                <pubDate>Wed, 28 Jul 2021 15:19:00 GMT</pubDate>
                
                    <category><![CDATA[Uncategorized]]></category>
                
                
                
                
                <description><![CDATA[<p>Most people experience hip or knee pain at some point in their lives due to the body’s natural wear and tear. However, repetitive tasks can accelerate this process and actually be responsible for knee pain that younger workers in North Carolina experience when on the job. Overuse is a common reason for injuries that can&hellip;</p>
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                <content:encoded><![CDATA[
<p>Most people experience hip or knee pain at some point in their lives due to the body’s natural wear and tear. However, repetitive tasks can accelerate this process and actually be responsible for knee pain that younger workers in North Carolina experience when on the job. Overuse is a common reason for injuries that can lead to workers’ compensation claims.</p>



<h2 class="wp-block-heading" id="h-common-overuse-injuries-involving-knees">Common Overuse Injuries Involving Knees</h2>



<p>The knees are susceptible to overuse injuries that commonly develop over time. You may feel a nagging ache or pain that appears one day, goes away the next and then suddenly returns with a vengeance. Common knee problems that can lead to workers’ compensation claims include:</p>



<ul class="wp-block-list">
<li>Torn meniscus, leading to swelling, stiffness and pain when you rotate the joint</li>



<li>Anterior cruciate ligament sprains or tears</li>



<li>Medial cruciate ligament sprains or tears</li>



<li>Tendinitis, which is inflammation of the tendon causing pain in varying degrees</li>
</ul>



<h2 class="wp-block-heading" id="h-how-to-treat-overuse-injuries">How to Treat Overuse Injuries</h2>



<p>When doctors diagnose an overuse injury, they generally recommend rest for the joint and sometimes physical therapy depending on the severity. Over-the-counter pain relievers and ice may also be part of the treatment. If conservative treatments don’t work, you may need minimally invasive laparoscopic surgery to resolve the problem.</p>



<h2 class="wp-block-heading" id="h-what-if-you-can-t-work-because-of-a-knee-problem">What if You Can’t Work Because of a Knee Problem?</h2>



<p>If you are unable to do your job because of a repetitive knee injury that leads to a <a href="/practice-areas/other-practice-areas/workers-compensation/">workers’ compensation claim</a>, you will need to take time off work to heal. You’ll need to prove that your job caused your injury in order to qualify for compensation.</p>



<p>Getting workers’ compensation can help you pay for medical bills until you’re able to work again. It may also help you pay for living expenses while you can’t work.</p>



<p></p>
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                <title><![CDATA[How SSDI Backpay Works]]></title>
                <link>https://www.goldsborolawyers.com/blog/how-ssdi-backpay-works/</link>
                <guid isPermaLink="true">https://www.goldsborolawyers.com/blog/how-ssdi-backpay-works/</guid>
                <dc:creator><![CDATA[Law Office of Baddour, Parker, Hine & Hale]]></dc:creator>
                <pubDate>Wed, 30 Jun 2021 15:27:00 GMT</pubDate>
                
                    <category><![CDATA[Uncategorized]]></category>
                
                
                
                
                <description><![CDATA[<p>There are many North Carolina residents who file for Social Security disability benefits each year, which are claims that usually take a significant amount of time to process. The time period before approval is often a long and frustrating experience. However, there is a pot of gold awaiting after this bleak period, and that is&hellip;</p>
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                <content:encoded><![CDATA[
<p>There are many North Carolina residents who file for Social Security disability benefits each year, which are claims that usually take a significant amount of time to process. The time period before approval is often a long and frustrating experience. However, there is a pot of gold awaiting after this bleak period, and that is called Social Security Disability Insurance “backpay” for those who qualify through the appeals process.</p>



<h2 class="wp-block-heading" id="h-retroactive-benefit-period">Retroactive Benefit Period</h2>



<p>Individuals who apply for <a href="/practice-areas/other-practice-areas/social-security-disability/">Social Security disability</a> before age 62 are typically eligible for Social Security Disability Insurance benefits when they have sufficient tax deduction credits over the past 10 years. These benefits can begin at two different times depending on how the Social Security Administration determines when the disability began. While most claimants will be paid according to the application date minus six months of benefits, some claimants are allowed benefits back to the time that they actually became disabled. This can increase the amount of backpay in many cases.</p>



<h2 class="wp-block-heading" id="h-how-the-benefits-are-paid">How the Benefits Are Paid</h2>



<p>Once the SSA determines the <a href="/practice-areas/other-practice-areas/social-security-disability/">monthly benefit</a> amount, they then calculate the number of months that is retroactively owed to the disabled claimant. Many times a disability claim can take up to 18 months. The amount of monthly benefit is then multiplied by the number of past eligible months to reach the total backpay amount. There could also be some deductions to the payment, such as any Social Security disability attorney fees that may apply along with expenses incurred when processing the claim.</p>



<p>It is not unusual for a Social Security disability claim to take a considerable amount of time. However, some obvious claims are paid very quickly, reducing the backpay amount. The SSA issues permanent benefits only when approving SSDI, and once the backpay benefits are paid, recipients will then receive their monthly allowance for the remainder of their lives.</p>
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                <title><![CDATA[How Social Security Disability Benefits May Be Impacted By Workers’ Compensation]]></title>
                <link>https://www.goldsborolawyers.com/blog/how-social-security-disability-benefits-may-be-impacted-by-workers-compensation/</link>
                <guid isPermaLink="true">https://www.goldsborolawyers.com/blog/how-social-security-disability-benefits-may-be-impacted-by-workers-compensation/</guid>
                <dc:creator><![CDATA[Law Office of Baddour, Parker, Hine & Hale]]></dc:creator>
                <pubDate>Thu, 13 May 2021 15:33:00 GMT</pubDate>
                
                    <category><![CDATA[Uncategorized]]></category>
                
                
                
                
                <description><![CDATA[<p>If you collect workers’ compensation in North Carolina, your Social Security disability benefits may be affected. When you receive both Social Security and workers’ compensation, you may experience a reduction in your Social Security benefits. The 80% Rule If you currently receive both Social Security and workers’ compensation, the total income cannot exceed 80% of&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>If you collect workers’ compensation in North Carolina, your Social Security disability benefits may be affected. When you receive both Social Security and workers’ compensation, you may experience a reduction in your Social Security benefits.</p>



<h2 class="wp-block-heading" id="h-the-80-rule">The 80% Rule</h2>



<p>If you currently receive both Social Security and workers’ compensation, the total income cannot exceed 80% of whatever you were earning before your disability. An example of this would be if, before filing for disability, you earned roughly $4,000 per month. While you would technically be eligible for $2,200 a month in Social Security disability payments, if you also receive $2,000 per month in <a href="/practice-areas/other-practice-areas/workers-compensation/">workers’ compensation</a> benefits, this would exceed 80% of the $4,000 you were earning beforehand. Thus, you would only earn around $3,200 in total. If instead of receiving monthly workers’ compensation benefits, you receive a lump sum, you will need to inform your local Social Security office to find out more about how your benefits will change.</p>



<h2 class="wp-block-heading" id="h-certain-benefits-will-not-be-impacted">Certain Benefits Will Not Be Impacted</h2>



<p>While receiving both Social Security disability and workers’ compensation can definitely affect your monthly benefits, there are certain benefits that are never affected. These benefits include the following: Veterans Administration benefits, state government benefits, and SSI.</p>



<h2 class="wp-block-heading" id="h-report-any-changes-to-your-benefits">Report Any Changes to Your Benefits</h2>



<p>If the amount of <a href="https://www.ssa.gov/pubs/EN-05-10018.pdf/" target="_blank" rel="noreferrer noopener">benefits</a> you receive changes, contact your local social security office. Alternatively, you can go online to www.socialsecurity.gov to report these changes. If you are having trouble calculating what your monthly benefits with Social Security and workers’ compensation will be, or if you need more information for your specific circumstance, your workers’ compensation lawyer can help.</p>
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                <title><![CDATA[What Employees Are Most Likely to Develop CTS?]]></title>
                <link>https://www.goldsborolawyers.com/blog/what-employees-are-most-likely-to-develop-cts/</link>
                <guid isPermaLink="true">https://www.goldsborolawyers.com/blog/what-employees-are-most-likely-to-develop-cts/</guid>
                <dc:creator><![CDATA[Law Office of Baddour, Parker, Hine & Hale]]></dc:creator>
                <pubDate>Mon, 10 May 2021 15:35:00 GMT</pubDate>
                
                    <category><![CDATA[Uncategorized]]></category>
                
                
                
                
                <description><![CDATA[<p>Residents of North Carolina and throughout the rest of the country spend an average of $2 billion a year on treating carpal tunnel syndrome. In fact, carpal tunnel syndrome is one of the most commonly reported occupational injuries there is. It has always been a common belief that employees in an office job are more&hellip;</p>
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                <content:encoded><![CDATA[
<p>Residents of North Carolina and throughout the rest of the country spend an average of $2 billion a year on treating carpal tunnel syndrome. In fact, carpal tunnel syndrome is one of the most commonly reported occupational injuries there is. It has always been a common belief that employees in an office job are more at risk for this type of injury than other career fields.</p>



<h2 class="wp-block-heading" id="h-the-real-truth-about-who-s-at-risk">The Real Truth About Who’s at Risk</h2>



<p>Talk with any <a href="/practice-areas/other-practice-areas/workers-compensation/">workers’ comp</a> insurance company, and you’ll likely be shocked to find out that the majority of claims for carpal tunnel-related issues aren’t necessarily from office workers. Rather, a new study has revealed that a large portion of employees who develop carpal tunnel syndrome work in manufacturing jobs and the construction industry. People who consistently are using vibration tools and high-force hammering tools requiring extreme wrist motions over a long period of time are more at risk for developing this condition than others.</p>



<h2 class="wp-block-heading" id="h-the-cost-of-carpal-tunnel-syndrome">The Cost of Carpal Tunnel Syndrome</h2>



<p>As the research reveals that more ergonomic solutions need to be put in place for employees in manufacturing and construction fields to help avoid this condition, many are already suffering from it. The costs associated with <a href="https://www.newswise.com/articles/henry-ford-study-carpal-tunnel-syndrome-is-not-just-an-office-workers-condition/" target="_blank" rel="noreferrer noopener">carpal tunnel</a> can add up very quickly. Some of the most common costs include health care, missed work, reduced productivity and the process to switch careers. It’s estimated that carpal tunnel syndrome can cost anywhere between $47,000 and $119,000 per employee.</p>



<p>Carpal tunnel syndrome is a very common condition that workers can develop who utilize their hands consistently over a long period of time. What was commonly thought to be a condition of office workers solely has been revealed to be a growing issue in the manufacturing and construction fields as well. If you believe that you have carpal tunnel syndrome due to your working conditions, it’s a good idea to file a workers’ compensation claim.</p>
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                <title><![CDATA[Underlying Causes of Workplace Back Pain]]></title>
                <link>https://www.goldsborolawyers.com/blog/underlying-causes-of-workplace-back-pain/</link>
                <guid isPermaLink="true">https://www.goldsborolawyers.com/blog/underlying-causes-of-workplace-back-pain/</guid>
                <dc:creator><![CDATA[Law Office of Baddour, Parker, Hine & Hale]]></dc:creator>
                <pubDate>Wed, 21 Apr 2021 15:38:00 GMT</pubDate>
                
                    <category><![CDATA[Uncategorized]]></category>
                
                
                
                
                <description><![CDATA[<p>One relatively common type of physical condition underpinning workers’ compensation claims is a back injury and associated back pain. There are a number of factors that tend to give rise to back issues among North Carolina workers. Common Causes of Back Pain Arising From the Workplace When it comes to workers’ compensation claims arising from&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>One relatively common type of physical condition underpinning workers’ compensation claims is a back injury and associated back pain. There are a number of factors that tend to give rise to back issues among North Carolina workers.</p>



<h2 class="wp-block-heading" id="h-common-causes-of-back-pain-arising-from-the-workplace">Common Causes of Back Pain Arising From the Workplace</h2>



<p>When it comes to workers’ compensation claims arising from <a href="https://www.mayoclinic.org/healthy-lifestyle/adult-health/in-depth/back-pain/art-20044526/" target="_blank" rel="noreferrer noopener">back injuries and associated pain</a>, three common causes of this type of issue exist. According to the Mayo Clinic, the most common causes are:</p>



<ul class="wp-block-list">
<li>Force</li>



<li>Repetition</li>



<li>Inactivity</li>
</ul>



<h2 class="wp-block-heading" id="h-force">Force</h2>



<p>A force-related back injury associated with a <a href="/practice-areas/other-practice-areas/workers-compensation/">workers’ comp claim</a> tends to occur in one of two different ways. First, a back injury resulting from force can occur when a person lifts a heavy object. Second, this type of injury and associated pain could arise when an individual moves a heavy object from one place to another.</p>



<h2 class="wp-block-heading" id="h-repetition">Repetition</h2>



<p>Certain types of repetitive movements can result in back injury and pain. These involve the continual twisting or rotating of a person’s spine as part of an individual’s job tasks or duties.</p>



<h2 class="wp-block-heading" id="h-inactivity">Inactivity</h2>



<p>At what might be considered the other end of the physical activity spectrum, being sedentary in the workplace can result in back pain. If a person’s job necessitates doing something like sitting at a desk for extended periods of time, issues with his or her back can arise. This particularly is the case is a worker is provided a poorly or inadequately designed chair.</p>



<p>If you are filing a workers’ compensation claim, you may want to protect your legal interests by retaining the services of an attorney. The first step in the process is scheduling an initial consultation and case evaluation.</p>
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                <title><![CDATA[Estate Planning Mistakes to Avoid]]></title>
                <link>https://www.goldsborolawyers.com/blog/estate-planning-mistakes-to-avoid/</link>
                <guid isPermaLink="true">https://www.goldsborolawyers.com/blog/estate-planning-mistakes-to-avoid/</guid>
                <dc:creator><![CDATA[Law Office of Baddour, Parker, Hine & Hale]]></dc:creator>
                <pubDate>Wed, 14 Apr 2021 15:39:00 GMT</pubDate>
                
                    <category><![CDATA[Uncategorized]]></category>
                
                
                
                
                <description><![CDATA[<p>When you’re creating an estate plan in North Carolina, there are many mistakes that are easy to make that can threaten where your assets end up after your death. Many people make the mistake of failing to hire an attorney to help them with creating their trusts and wills. This can make it easy to&hellip;</p>
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                <content:encoded><![CDATA[
<p>When you’re creating an estate plan in North Carolina, there are many mistakes that are easy to make that can threaten where your assets end up after your death. Many people make the mistake of failing to hire an attorney to help them with creating their trusts and wills. This can make it easy to fail to use the proper verbiage and can prevent your documents from being recognized as invalid by the state.</p>



<h2 class="wp-block-heading" id="h-how-to-create-a-solid-estate-plan">How to Create a Solid Estate Plan</h2>



<p>If you want to create a solid <a href="https://www.marketwatch.com/story/7-common-estate-planning-disasters-and-how-to-avoid-them-2018-04-26/" target="_blank" rel="noreferrer noopener">estate plan</a> and avoid <a href="/practice-areas/other-practice-areas/wills-trusts-and-estates/">estate litigation</a>, hire an attorney experienced in estate law.</p>



<p>When creating a trust, determine which type of trust you’ll need, and sign it in front of a notary. If you plan to create a will, the document should be specific about where your assets will go and name at least one beneficiary to ensure your assets go to a loved one if your main beneficiary passes away.</p>



<p>Failing to update your wills and forms can cause certain assets to go to the state if they’re not accounted for with your estate planning. Failure to file a trust can lead to costly issues with probate.</p>



<p>Avoid making your children your joint owners of your assets, which can cause their creditors to have access to your money. Instead, name your child as power of attorney and a payable-on-death beneficiary on your accounts.</p>



<h2 class="wp-block-heading" id="h-who-can-you-contact-for-legal-assistance">Who Can You Contact for Legal Assistance?</h2>



<p>If you want to get started with estate planning, it’s important to obtain help from a legal professional who can guide you through the process and help you to avoid mistakes. A legal professional with experience in estate planning can also offer assistance with estate litigation and help you work towards a resolution.</p>
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                <title><![CDATA[Sneezing Can Be a Cause of Motor Vehicle Accidents]]></title>
                <link>https://www.goldsborolawyers.com/blog/sneezing-can-be-a-cause-of-motor-vehicle-accidents/</link>
                <guid isPermaLink="true">https://www.goldsborolawyers.com/blog/sneezing-can-be-a-cause-of-motor-vehicle-accidents/</guid>
                <dc:creator><![CDATA[Law Office of Baddour, Parker, Hine & Hale]]></dc:creator>
                <pubDate>Wed, 31 Mar 2021 15:47:00 GMT</pubDate>
                
                    <category><![CDATA[Uncategorized]]></category>
                
                
                
                
                <description><![CDATA[<p>Riding your bicycle throughout North Carolina can be a wonderful experience. With that said, it’s imperative to make sure you ride your bike carefully. Sadly, many bicycle accidents happen every year. A bike accident that recently made national news involved a former NBA player. Who Is Shawn Bradley? In his college years, Shawn Bradley was&hellip;</p>
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                <content:encoded><![CDATA[
<p>Riding your bicycle throughout North Carolina can be a wonderful experience. With that said, it’s imperative to make sure you ride your bike carefully. Sadly, many bicycle accidents happen every year. A bike accident that recently made national news involved a former NBA player.</p>



<h2 class="wp-block-heading" id="h-who-is-shawn-bradley">Who Is Shawn Bradley?</h2>



<p>In his college years, <a href="https://www.usatoday.com/story/sports/nba/2021/03/17/shawn-bradley-paralyzed-accident-bicycle/4737137001/">Shawn Bradley</a> was one of Brigham Young University’s rising basketball stars. After college, Bradley spent time playing professional basketball for NBA teams based in Philadelphia and New Jersey. However, most NBA fans remember him playing for the Dallas Mavericks, where he played for over eight seasons.</p>



<h2 class="wp-block-heading" id="h-the-details-of-shawn-bradley-s-bike-accident">The Details of Shawn Bradley’s Bike Accident</h2>



<p>Many former athletes enjoy staying healthy after competing professionally. One way Shawn Bradley did this was by riding his bike. Unfortunately, on January 20th, 2021, Bradley was struck by an automobile while on his bike. After getting rushed to the hospital, doctors determined Bradley suffered a traumatic spinal cord injury. Having to undergo neck fusion surgery, Bradley spent two months undergoing rehab in a Utah hospital. Unfortunately, like many victims of <a href="/practice-areas/personal-injury/bicycle-pedestrain-accidents/">bicycle accidents</a>, he remains paralyzed.</p>



<h2 class="wp-block-heading" id="h-a-road-to-recovery">A Road to Recovery</h2>



<p>After his accident, doctors informed Bradley that his road to recovery will be a long one. Fortunately, Bradley’s wife remains at his side as he continues rehabilitation. In a statement, Bradley expressed appreciation for the support from his family, friends and fans. He also hopes that this event will help raise public awareness about bicycle safety.</p>



<p>Bicycle accidents are understandably traumatic events that can change anyone’s life in a matter of moments. If you were in a bicycle accident, it might be beneficial to contact an attorney. By hiring an attorney, you’ll have someone help you seek the compensation you potentially deserve.</p>
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                <title><![CDATA[A Former NBA Star Remains Paralyzed After a Bicycle Accident]]></title>
                <link>https://www.goldsborolawyers.com/blog/a-former-nba-star-remains-paralyzed-after-a-bicycle-accident/</link>
                <guid isPermaLink="true">https://www.goldsborolawyers.com/blog/a-former-nba-star-remains-paralyzed-after-a-bicycle-accident/</guid>
                <dc:creator><![CDATA[Law Office of Baddour, Parker, Hine & Hale]]></dc:creator>
                <pubDate>Wed, 31 Mar 2021 15:43:00 GMT</pubDate>
                
                    <category><![CDATA[Uncategorized]]></category>
                
                
                
                
                <description><![CDATA[<p>Riding your bicycle throughout North Carolina can be a wonderful experience. With that said, it’s imperative to make sure you ride your bike carefully. Sadly, many bicycle accidents happen every year. A bike accident that recently made national news involved a former NBA player. Who is Shawn Bradley? In his college years, Shawn Bradley was&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>Riding your bicycle throughout North Carolina can be a wonderful experience. With that said, it’s imperative to make sure you ride your bike carefully. Sadly, many bicycle accidents happen every year. A bike accident that recently made national news involved a former NBA player.</p>



<h2 class="wp-block-heading" id="h-who-is-shawn-bradley">Who is Shawn Bradley?</h2>



<p>In his college years, <a href="https://www.usatoday.com/story/sports/nba/2021/03/17/shawn-bradley-paralyzed-accident-bicycle/4737137001/" target="_blank" rel="noreferrer noopener">Shawn Bradley</a> was one of Brigham Young University’s rising basketball stars. After college, Bradley spent time playing professional basketball for NBA teams based in Philadelphia and New Jersey. However, most NBA fans remember him playing for the Dallas Mavericks, where he played for over eight seasons.</p>



<h2 class="wp-block-heading" id="h-the-details-of-shawn-bradley-s-bike-accident">The Details of Shawn Bradley’s Bike Accident</h2>



<p>Many former athletes enjoy staying healthy after competing professionally. One way Shawn Bradley did this was by riding his bike. Unfortunately, on January 20th, 2021, Bradley was struck by an automobile while on his bike. After getting rushed to the hospital, doctors determined Bradley suffered a traumatic spinal cord injury. Having to undergo neck fusion surgery, Bradley spent two months undergoing rehab in a Utah hospital. Unfortunately, like many victims of <a href="/practice-areas/personal-injury/bicycle-pedestrain-accidents/">bicycle accidents</a>, he remains paralyzed.</p>



<h2 class="wp-block-heading" id="h-a-road-to-recovery">A Road to Recovery</h2>



<p>After his accident, doctors informed Bradley that his road to recovery will be a long one. Fortunately, Bradley’s wife remains at his side as he continues rehabilitation. In a statement, Bradley expressed appreciation for the support from his family, friends and fans. He also hopes that this event will help raise public awareness about bicycle safety.</p>



<p>Bicycle accidents are understandably traumatic events that can change anyone’s life in a matter of moments. If you were in a bicycle accident, it might be beneficial to contact an attorney. By hiring an attorney, you’ll have someone help you seek the compensation you potentially deserve.</p>



<p></p>
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                <title><![CDATA[Following Another Driver Can Be Dangerous]]></title>
                <link>https://www.goldsborolawyers.com/blog/following-another-driver-can-be-dangerous/</link>
                <guid isPermaLink="true">https://www.goldsborolawyers.com/blog/following-another-driver-can-be-dangerous/</guid>
                <dc:creator><![CDATA[Law Office of Baddour, Parker, Hine & Hale]]></dc:creator>
                <pubDate>Mon, 11 Jan 2021 16:27:00 GMT</pubDate>
                
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                <description><![CDATA[<p>There are plenty of behaviors that can influence the likelihood of a traffic accident. Driving while tired is one well-known factor, as is distracted driving. North Carolina motorists should be aware that following another car is a risk factor, too. While this may be unexpected, research shows that people following a friend are more likely&hellip;</p>
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<p>There are plenty of behaviors that can influence the likelihood of a traffic accident. Driving while tired is one well-known factor, as is distracted driving. North Carolina motorists should be aware that following another car is a risk factor, too. While this may be unexpected, research shows that people following a friend are more likely to take chances on the road.</p>



<h2 class="wp-block-heading" id="h-measuring-risk-on-the-roads">Measuring Risk on the Roads</h2>



<p>Researchers know that drivers following one another can be dangerous because they’ve studied it closely. Participants in simulated situations make safer choices while choosing a path of their own, or when they are following a navigation system. But when asked to follow a friend, their guard goes down.</p>



<p>If a driver is trying not to lose a friend on the road, it seems they are willing to do things they wouldn’t normally do to keep up. For example, they will run yellow lights, even if the car in front of them also ran the light. This means they can come dangerously close to running a red light and causing a collision at an intersection.</p>



<h2 class="wp-block-heading" id="h-other-factors">Other Factors</h2>



<p>Social contagion is well understood when it comes to some behaviors, like fads in teenagers. It seems that the science of social contagion is also applicable in some contexts on the roads. This is a problem because it can lead to an increase in <a href="https://www.frontiersin.org/articles/10.3389/fpsyg.2017.00705/full/">motor vehicle accidents</a>.</p>



<p>Drivers should always take advantage of the tools that are available to them today. Instead of following someone who takes too many risks, they can rely on GPS type systems. If you have been <a href="/practice-areas/personal-injury/">injured in a collision</a> where one driver was following another, you might want to consider discussing your case with an attorney.</p>
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                <title><![CDATA[SUV-Related Pedestrian Accidents Deadlier Than Car-Related Ones]]></title>
                <link>https://www.goldsborolawyers.com/blog/suv-related-pedestrian-accidents-deadlier-than-car-related-ones/</link>
                <guid isPermaLink="true">https://www.goldsborolawyers.com/blog/suv-related-pedestrian-accidents-deadlier-than-car-related-ones/</guid>
                <dc:creator><![CDATA[Law Office of Baddour, Parker, Hine & Hale]]></dc:creator>
                <pubDate>Thu, 31 Dec 2020 16:29:00 GMT</pubDate>
                
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                <description><![CDATA[<p>Although the number of car crash fatalities has gone down in North Carolina and elsewhere in the United States since 1980, the number of pedestrians who cars have killed has gone up. One alarming fact is that a huge proportion of those accidents involved SUVs. Why Are SUVs So Dangerous to Pedestrians? The grille on&hellip;</p>
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<p>Although the number of car crash fatalities has gone down in North Carolina and elsewhere in the United States since 1980, the number of pedestrians who cars have killed has gone up. One alarming fact is that a huge proportion of those accidents involved SUVs.</p>



<h2 class="wp-block-heading" id="h-why-are-suvs-so-dangerous-to-pedestrians">Why Are SUVs So Dangerous to Pedestrians?</h2>



<p>The grille on traditional block-front SUVs creates the most damage to a body. When an SUV with the traditional block-front grill <a href="https://www.iihs.org/news/detail/new-study-suggests-todays-suvs-are-more-lethal-to-pedestrians-than-cars/" target="_blank" rel="noreferrer noopener">hits a pedestrian</a>, it strikes the person’s chest or pelvis mere seconds after the bumper collides with the body’s lower extremities, like the hips and thighs. This movement transfers more energy to the victim’s body, increasing the chance of a deadly outcome. SUVs were also more likely to push or throw a pedestrian farther after impact.</p>



<p>Another reason experts cite for the increased number of fatalities is that SUVs sit higher than passenger cars. This means that they have a higher center of gravity than regular passenger cars. This results in them being less stable and not as able to react in time to avoid injury or death.</p>



<h2 class="wp-block-heading" id="h-what-can-be-done-to-reduce-the-high-number-of-suv-related-deaths">What Can Be Done to Reduce the High Number of SUV-Related Deaths?</h2>



<p>Researchers are looking for solutions that can reduce the number of pedestrian deaths related to accidents that SUVs cause. Pedestrian airbags are options that experts are always considering, and there is clear evidence that design changes can greatly impact how dangerous an SUV may or may not be to a pedestrian.</p>



<h2 class="wp-block-heading" id="h-what-can-someone-do-if-he-or-she-has-been-involved-in-an-suv-related-accident">What Can Someone Do if He or She Has Been Involved in an SUV-Related Accident?</h2>



<p>People who’ve been involved in <a href="/practice-areas/personal-injury/motor-vehicle-accidents/">motor vehicle accidents</a> that SUVs caused may benefit by working with attorneys who have experience in this area. A lawyer may help you navigate the medical, insurance and legal ramifications of this type of accident. He or she may also provide you with the assistance you need to move on with your life.</p>



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                <title><![CDATA[What Are Some Common Types of Motorcycle Accidents?]]></title>
                <link>https://www.goldsborolawyers.com/blog/what-are-some-common-types-of-motorcycle-accidents/</link>
                <guid isPermaLink="true">https://www.goldsborolawyers.com/blog/what-are-some-common-types-of-motorcycle-accidents/</guid>
                <dc:creator><![CDATA[Law Office of Baddour, Parker, Hine & Hale]]></dc:creator>
                <pubDate>Thu, 03 Dec 2020 16:34:00 GMT</pubDate>
                
                    <category><![CDATA[Uncategorized]]></category>
                
                
                
                
                <description><![CDATA[<p>When a motorcyclist gets into an accident in North Carolina, the results are often deadly. Motorcyclists are much more vulnerable to accidents than regular motorists. They don’t have the protection of a large steel vehicle, which means that motorcycle accidents are often deadly. Here are some of the most common motorcycle accidents on the highway.&hellip;</p>
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<p>When a motorcyclist gets into an accident in North Carolina, the results are often deadly. Motorcyclists are much more vulnerable to accidents than regular motorists. They don’t have the protection of a large steel vehicle, which means that motorcycle accidents are often deadly. Here are some of the most common motorcycle accidents on the highway.</p>



<h2 class="wp-block-heading" id="h-what-are-some-of-the-most-common-motorcycle-accidents">What Are Some of the Most Common Motorcycle Accidents?</h2>



<p>Sudden obstacles can cause <a href="https://www.rideapart.com/articles/254912/10-common-motorcycle-accidents-and-how-to-avoid-them/" target="_blank" rel="noreferrer noopener">motor vehicle accidents</a>, particularly if the motorcyclist is driving in an off-road area. If their tire hits gravel, rocks, a root or an exposed tree trunk, they might end up losing control and flying off the bike.</p>



<p>Many motorcyclists are injured or killed when a car hits them from behind. While a “fender bender” might be a minor accident for a regular vehicle, getting hit from behind can kill or severely injure a motorcyclist. This is especially dangerous if the car was driving at high speed.</p>



<p>Some motorcyclists are also injured by other motorcyclists. If they’re riding in a group, one driver could accidentally pull out in front of the other or collide with another from behind. To prevent this kind of accident, motorcycle groups should ride in a staggered formation.</p>



<h2 class="wp-block-heading" id="h-how-can-an-attorney-help-injured-motorcyclists">How Can an Attorney Help Injured Motorcyclists?</h2>



<p>Every year, thousands of motorcyclists are killed and injured by drivers who weren’t paying attention. A minor impact for a passenger vehicle can be deadly for a motorcyclist. If you were the victim of a <a href="/practice-areas/personal-injury/motor-vehicle-accidents/">motorcycle accident</a>, an attorney might be able to help you seek compensation.</p>



<p>An attorney might be able to assess the damages and help you negotiate for a fair settlement from the other driver’s insurance company. If your claim is denied, your attorney might help you file a lawsuit against the other driver to compensate for your damages.</p>
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                <title><![CDATA[How Variable Speed Limits Could Make the Highways Safer]]></title>
                <link>https://www.goldsborolawyers.com/blog/how-variable-speed-limits-could-make-the-highways-safer/</link>
                <guid isPermaLink="true">https://www.goldsborolawyers.com/blog/how-variable-speed-limits-could-make-the-highways-safer/</guid>
                <dc:creator><![CDATA[Law Office of Baddour, Parker, Hine & Hale]]></dc:creator>
                <pubDate>Wed, 18 Nov 2020 17:10:00 GMT</pubDate>
                
                    <category><![CDATA[Uncategorized]]></category>
                
                
                
                
                <description><![CDATA[<p>Everyone in North Carolina has experienced that moment of driving along the highway and suddenly coming across a line of vehicles. If you’re lucky, you can slam on your brakes in time. Unfortunately, there was no pre-warning because you didn’t see any signs about reducing your speed limit on the road. Unexpected obstacles are a&hellip;</p>
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<p>Everyone in North Carolina has experienced that moment of driving along the highway and suddenly coming across a line of vehicles. If you’re lucky, you can slam on your brakes in time. Unfortunately, there was no pre-warning because you didn’t see any signs about reducing your speed limit on the road. Unexpected obstacles are a major cause of accidents.</p>



<h2 class="wp-block-heading" id="h-how-variable-speed-limits-can-make-roads-safer">How Variable Speed Limits Can Make Roads Safer</h2>



<p>Anyone who’s spent any amount of time on the highway knows that the speed limit isn’t consistent. You could be driving 60 miles per hour when the roads are clear, 40 miles per hour when traffic is congested and 20 miles per hour if there’s been a <a href="/practice-areas/personal-injury/">motor vehicle accident</a>. Wouldn’t it be safer if you knew what was coming ahead of time?</p>



<p>That’s the idea behind <a href="https://auto.howstuffworks.com/car-driving-safety/accidents-hazardous-conditions/variable-speed-limits-reduce-congestion-accidents.htm" target="_blank" rel="noreferrer noopener">variable speed limits</a>, a new type of technology that was recently piloted in St. Louis. Instead of a metal sign, variable speed limits involve a digital screen that changes to reflect the current speed. If there’s an accident ahead and traffic has slowed down to 20 miles per hour, you’ll be able to slow down long before you run into the wall of vehicles.</p>



<p>A recent study showed that this technology reduced the risk of collisions and even eased congestion on the highway. When people weren’t surprised at the last minute, they found it easier to navigate challenges on the highway. This technology has yet to receive a country-wide release, but it could have a massive impact on the nation’s highways. Currently, over a million rear-end collisions are reported in the United States every year, causing over a thousand deaths and half a million injuries.</p>



<h2 class="wp-block-heading" id="h-what-should-you-do-if-you-re-injured-in-a-rear-end-collision">What Should You Do if You’re Injured in a Rear-End Collision?</h2>



<p>A rear-end collision might sound like a minor accident, but it can lead to severe injuries and even fatalities. An attorney may have the tools you need to sue the driver who was responsible. Attorneys may represent a wide range of clients, including passenger vehicle drivers, motorcyclists, bicyclists and pedestrians.</p>
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                <title><![CDATA[Award Letter a Key Aspect of a Social Security Disability Claim]]></title>
                <link>https://www.goldsborolawyers.com/blog/award-letter-a-key-aspect-of-a-social-security-disability-claim/</link>
                <guid isPermaLink="true">https://www.goldsborolawyers.com/blog/award-letter-a-key-aspect-of-a-social-security-disability-claim/</guid>
                <dc:creator><![CDATA[Law Office of Baddour, Parker, Hine & Hale]]></dc:creator>
                <pubDate>Wed, 24 Jun 2020 15:31:00 GMT</pubDate>
                
                    <category><![CDATA[Uncategorized]]></category>
                
                
                
                
                <description><![CDATA[<p>In North Carolina, when seeking Social Security disability benefits, there are many critical aspects of a case and whether it will be approved or denied. Sometimes, the basics are forgotten during the process. People should remember and understand the fundamentals such as when the Social Security Administration will notify them of the decision. The disability&hellip;</p>
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<p>In North Carolina, when seeking Social Security disability benefits, there are many critical aspects of a case and whether it will be approved or denied. Sometimes, the basics are forgotten during the process. People should remember and understand the fundamentals such as when the Social Security Administration will notify them of the decision.</p>



<p>The disability award letter <a href="https://www.ssdrc.com/5-70.html/" target="_blank" rel="noreferrer noopener">is sent</a> through the mail and informs the claimant of the decision. The time frame for when the applicant receives the letter depends on the case. If the applicant is approved at the initial claim level or after requesting a reconsideration, the letter will arrive relatively quickly. This is because these decisions are made at the state level.</p>



<p>A Notice of Decision is sent first to tell the applicant of the determination. This can either be an approval or denial. An approval letter simply says that the claimant will receive benefits. That is generally the extent of the notice. In the award letter, the relevant information regarding the claim will be provided. That includes the date or month at which the person will be eligible. It will also say how much the payments will be.</p>



<p>When there is an appeal and the case is heard by an administrative law judge, the wait time could be longer. This letter may take a few weeks to arrive. Some applicants receive their Social Security disability payment before they get the letter informing them they have been approved. People seeking <a href="/practice-areas/other-practice-areas/social-security-disability/">Social Security disability</a> benefits for an injury, condition or illness will be concerned about the decision. Understanding how and when the award letter is sent is part of that. From the application to the four levels of appeal, legal advice could be beneficial. A firm with experience in all areas of disability might help.</p>



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                <title><![CDATA[Rustic Roads May Put Drivers at Risk More Than Urban Roads]]></title>
                <link>https://www.goldsborolawyers.com/blog/rustic-roads-may-put-drivers-at-risk-more-than-urban-roads/</link>
                <guid isPermaLink="true">https://www.goldsborolawyers.com/blog/rustic-roads-may-put-drivers-at-risk-more-than-urban-roads/</guid>
                <dc:creator><![CDATA[Law Office of Baddour, Parker, Hine & Hale]]></dc:creator>
                <pubDate>Wed, 10 Jun 2020 15:32:00 GMT</pubDate>
                
                    <category><![CDATA[Uncategorized]]></category>
                
                
                
                
                <description><![CDATA[<p>North Carolina residents who drive more on city roads than on rural roads may automatically assume that the latter, having much less traffic, are safer. This can be a bad, even fatal, mistake as many drivers let their guard down in the countryside. It should be remembered that rural roads have narrower lanes and shoulders,&hellip;</p>
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<p>North Carolina residents who drive more on city roads than on rural roads may automatically assume that the latter, having much less traffic, are safer. This can be a bad, even fatal, mistake as many drivers let their guard down in the countryside.</p>



<p>It should be remembered that rural roads have narrower lanes and shoulders, which are often connected with head-on collisions and with crashes where drivers run off the road. Drivers who pass a vehicle on a narrow road are taking a considerable risk. Rural roads also tend to have few lights, and reduced visibility makes a crash more likely. Then, there is the presence of wildlife, which can take some by surprise.</p>



<p>Even worse are the drivers who believe that they can break the law since there are <a href="https://www.blinetrafficschools.com/why-are-rural-roads-more-dangerous/">fewer police officers</a> in rural areas. Safety-minded drivers, then, can become the victim of drivers who are speeding, drinking while driving or carelessly straddling both lanes of a two-lane road.</p>



<p>Other drivers may fail to wear their seat belt in rustic areas, making whatever injuries they suffer in a crash more severe. Crash victims have a greater chance of dying, too, since it will take longer for them to be transported to a hospital. All of this shows just how important defensive driving is in the countryside.</p>



<p>No matter where they occur, <a href="/practice-areas/personal-injury/">motor vehicle accidents</a> are usually the result of negligence on the part of one or more drivers. Those who were injured may be left with mounting medical bills, vehicle repair costs and perhaps even a disability that keeps them from working. They may be compensated through a personal injury claim, but they must not be even 1% at fault; otherwise, under this state’s contributory negligence rule, they won’t recover damages. A lawyer may evaluate their case.</p>
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