Smith, Dickey & Dempster P.A. Fayetteville Injury, Criminal Defense Law | Smith Dickey Dempster2024-03-11T18:03:40Zhttps://www.smithdickeydempster.com/feed/atom/WordPressOn Behalf of Smith, Dickey & Dempster P.A.https://www.smithdickeydempster.com/?p=475542024-03-11T18:03:40Z2024-03-11T18:03:40ZSSDI appeal.
Understand why your initial application was denied
The first thing before appealing the SSA denial is to understand why your initial application was denied. The SSA sends a letter detailing the reasons for denial, which may include insufficient medical evidence, failure to meet the requirements for disability, or incomplete application forms. Understanding the specific reasons for denial can help you address those issues in your appeal.
Stay organized and observe deadlines
You are supposed to notify the SSA of your intent to appeal within 60 days of receiving the denial letter. It's important to stay organized and keep track of all deadlines related to your appeal. Missed deadlines can result in your appeal being dismissed, so be sure to mark your calendar and set reminders for important dates.
Gather additional medical evidence
One common reason for SSDI denials is the lack of enough medical evidence to support your disability claim. To strengthen your appeal, gather all relevant documentation that supports your disability. You may also consider obtaining statements from healthcare providers outlining the severity of your condition and how it impacts your ability to work.
While getting your SSDI application denied can be frustrating, seeking legal counsel can help you to move through the appeals process more effectively and better ensure that you have all the necessary documentation and evidence to strengthen your case.]]>On Behalf of Smith, Dickey & Dempster P.A.https://www.smithdickeydempster.com/?p=475532024-03-08T17:49:25Z2024-03-08T17:49:25Zchallenges of city driving often seem to become more intense during tourist season when more people flock to the area. These tips may help drivers remain a safer during this chaotic time.
Plan your route in advance
Planning your route in advance can help alleviate stress and reduce the likelihood of getting lost or making sudden lane changes. Utilize GPS or map apps to identify the best route, considering real-time traffic conditions.
Expect pedestrians and cyclists
Cities are bustling with pedestrians and cyclists. Always be vigilant, especially at crosswalks, intersections, and in areas with high foot traffic. Yield to pedestrians, and maintain a safe distance from cyclists, giving them plenty of room when passing.
Be mindful of public transportation
Cities often have complex public transportation systems, including buses, which share the roadways. Give buses the right of way when they're merging back into traffic from a stop. Remember, public transportation vehicles make frequent stops, so maintain a safe following distance.
Anticipate taxi and rideshare behaviors
Taxis and rideshare vehicles can be unpredictable, often stopping suddenly to pick up or drop off passengers. Anticipate sudden movements and be prepared to slow down or stop.
Use your mirrors and signals consistently
In the densely packed city environment, using your mirrors and signals becomes even more crucial. Always signal your intentions well in advance of making turns or lane changes. Regularly check your mirrors to maintain awareness of your surroundings, including vehicles, cyclists, and pedestrians.
Avoid distractions
Distracted driving is dangerous in any setting but can be particularly hazardous in the city, where the driving environment requires constant attention. Refrain from using your phone, eating or any other activity that takes your focus off the road.
Even safe drivers may be struck by a negligent motorist. These crashes can lead to serious injuries and personal injury claims. These claims provide an opportunity for a victim to try to recover some of the financial damages related to the wreck. Those who have been affected by such collisions may benefit from seeking personalized legal guidance accordingly.]]>On Behalf of Smith, Dickey & Dempster P.A.https://www.smithdickeydempster.com/?p=475522024-02-22T21:58:48Z2024-02-22T21:58:48Zcharged with a DWI.
Tips for a safe celebration
To ensure a safe and enjoyable time at a party, it's important to take certain precautions. Here are some ways to prevent a DWI from ruining your celebration:
Choose someone to act as the designated driver. Since this person will not be drinking, make sure they have plenty of food and non-alcoholic beverages to enjoy during the festivities.
Avoid drinking on an empty stomach. Eat both before and during the party to help your body better metabolize the alcohol.
Make sure to charge your phone and download ride-hailing apps, such as Lyft or Uber, so you have a way to get home safely if needed.
Watch out for your friends. Take away the keys from any member of your group who plans to drive after drinking.
Penalties for DWI in North Carolina are severe. Depending on your age, the kind of license, and the infraction type you may be charged with, you might be subject to consequences such as:
Costly fines and court expenses.
Revocation or suspension of a license.
Time behind bars. In certain cases, prison time is required rather than optional.
Community service hours.
Higher auto insurance fees.
You may also be required to attend a drug or alcohol safety program.
As you can see, it is in your best interest to avoid impaired driving charges this holiday. With that said, it’s surprisingly easy to find yourself on the wrong side of the law in this regard. As such, keep in mind that seeking legal guidance as soon as you can will help you to protect your rights and options if you do end up arrested for drinking and driving.]]>On Behalf of Smith, Dickey & Dempster P.A.https://www.smithdickeydempster.com/?p=475502024-02-09T16:01:24Z2024-02-09T16:01:24Zthe challenges one may face in this line of work and how these challenges can increase the risk of workplace injuries.
Heavy lifting and manual handling
Nurses often lift and transfer patients, maneuver medical equipment and handle heavy loads throughout their shifts. These repetitive tasks can lead to muscular and skeletal injuries, including strains, sprains and even more serious conditions like herniated discs. Nurses can incorporate regular stretching exercises into their routines to help prevent muscle fatigue and reduce the risk of injury.
Exposure to infectious diseases
Nurses frequently come into contact with infectious pathogens, making them susceptible to contracting diseases such as influenza, tuberculosis and COVID-19. Despite adhering to strict infection control protocols, the nature of their work makes them vulnerable to exposure. Nurses can minimize their risk of exposure by wearing personal protective equipment (PPE), including masks, gloves, gowns and face shields.
Workplace violence
Nurses sometimes face verbal abuse, threats and even physical assaults from patients, visitors or colleagues. Workplace violence in healthcare settings can have profound psychological effects on nurses and compromise their safety and well-being.
Long hours and fatigue
Nurses frequently work extended shifts, which can lead to physical and mental exhaustion. Fatigue not only impairs nurses’ ability to provide safe and effective patient care but can also increase the likelihood of errors and accidents.
Nurses face a myriad of challenges in their profession, many of which significantly increase their risk of injury. By understanding these challenges, nurses can take proactive measures to minimize their risk of injury. However, even the most safety-conscious workers can still get hurt on the job. Should a nurse sustain an injury in their line of work, it can help to consult a legal team to establish if they are eligible for workers’ compensation.]]>On Behalf of Smith, Dickey & Dempster P.A.https://www.smithdickeydempster.com/?p=475492024-02-01T14:14:24Z2024-02-01T14:14:24ZThere are so many ways for kids to get hurt when it comes to motor vehicles. Among other hazardous situations, they could get locked in the trunk or overheat while unattended. But, by far the most common way in which children get hurt when it comes to cars and trucks is collisions. When children are involved in car crashes, the emotional and physical aftermath can be particularly devastating. Understanding the legal options available in this situation is important for parents and guardians seeking to protect and advocate for the well-being of an injured child. There are, ultimately, several avenues to pursue when one is worried about securing necessary care and compensation for an injured child’s physical harm and broader suffering.
Filing an insurance claim
Filing a claim with one or more insurance companies is usually the first step that parents take when their kids are injured in a crash. This effort could be made through the insurance of an at-fault driver or the injured child's parent's insurance policy, depending on the specific circumstances of the crash and the insurance coverage in place. Insurance claims can cover medical expenses, rehabilitation costs and, in some cases, pain and suffering.
Filing a personal injury lawsuit
If an insurance claim does not fully cover the damages at issue or if an insurance company disputes the claim, filing a personal injury lawsuit may be necessary. This legal action is taken against the party at fault for the accident. A personal injury lawsuit can seek compensation for medical bills, future medical treatment, emotional distress and any long-term care needs or disabilities resulting from the accident.In situations where the injury was caused by a defective vehicle or car seat, a product liability claim can be filed against the manufacturer. These specific kinds of personal injury claims argue that the harm in question resulted from a product the child was using at the time of the crash, which was supposed to protect them but failed due to design or manufacturing defects.Each child's case is unique, and the legal options available to an affected family depend on the specifics of a particular crash, the extent of the injuries at issue and the laws in the jurisdiction where the accident occurred. By seeking personalized legal guidance, parents of injured kids can better understand their rights and place themselves in a strong position to make informed decisions about pursuing compensation. ]]>On Behalf of Smith, Dickey & Dempster P.A.https://www.smithdickeydempster.com/?p=475472024-01-15T15:23:17Z2024-01-15T15:23:17Zserious consequences of car crashes. However, these aren’t the only brain injuries that occur when people are hurt as a result of a car crash. Exploring other forms of brain injury can help you to better understand their severity and associated long-term cognitive impairments.
Penetrating brain injuries
Penetrating brain injuries occur when foreign objects, such as shattered glass or debris from the car, penetrate the skull and damage brain tissue. These injuries are often severe and require emergency medical care to mitigate potential life-threatening consequences.
Diffuse axonal injuries (DAIs)
Diffuse axonal injuries (DAIs) are characterized by the tearing of nerve tissue throughout the brain. Car crashes with high-speed impacts or sudden deceleration can cause DAIs. The severity of the injury depends on the severity of the crash, with symptoms ranging from mild cognitive impairment to a vegetative state.
Coup-contrecoup injuries
Coup-contrecoup injuries involve damage to the brain on both the impact side and the opposite side due to the brain being pushed back and forth within the skull during a car crash. These injuries can lead to extensive trauma, affecting multiple areas of the brain simultaneously.
Understanding the various types of brain injuries that can result from a car crash is crucial for promoting awareness and inspiring prompt medical attention. Whether it’s a concussion or a severe diffuse axonal injury, the consequences can be life-altering. That’s why victims of car crashes shouldn’t hesitate to seek medical attention and, if their harm was caused by another’s actions or inactions, compensation for their brain injuries.]]>On Behalf of Smith, Dickey & Dempster P.A.https://www.smithdickeydempster.com/?p=475452024-01-09T14:20:05Z2024-01-09T14:20:05ZHundreds of people die due to job violence each year
Robberies, fistfights and unprovoked assaults are all examples of situations where workers could end up hurt by the violence of another person. In 2020, the most recent year with data available from the Bureau of Labor Statistics (BLS), there were 392 reported workplace deaths that occurred due to interpersonal violence.
The BLS also reported 37,060 injuries caused to workers by other people. Workers in sales professions had the highest risk of fatal violence on the job, while those in service professions and healthcare had the highest risk of non-fatal violent incidents.
Initial reports from 2021, 2022 and 2023 show a concerning continuation of this trend. Many thousands of workers risk their health and lives when they show up at work. Thankfully, workers' compensation can help those affected by job-related violence.
Those hurt at work can apply for benefits to pay for their medical care and replace their lost wages while they recuperate. Individuals who lose a loved one due to a violent incident may qualify for death benefits. Workers' compensation can help cover funeral costs and replace the wages that the worker would have earned if they had survived.
Being aware of the ever-changing risks at work may help people protect themselves and recognize when they may have grounds for a workers' compensation claim.
]]>On Behalf of Smith, Dickey & Dempster P.A.https://www.smithdickeydempster.com/?p=475442023-12-30T12:33:32Z2023-12-30T12:33:32ZBefore you start your New Year's Eve celebration, take a moment to think about the dangers of driving under the influence. According to the National Safety Council, 408 individuals could pass away this New Year's holiday on American roadways. Midnight to six in the morning on New Year's Day is the most dangerous time to be on the road. In addition to having the highest number of DUI arrests of any day of the year due to increased DUI rates, drunk drivers also typically have significantly higher blood alcohol concentrations on New Year's Day than on any other day or holiday. Over 70% of DUI arrests will involve blood alcohol content (BAC) levels over .15, despite the .08 limit. That's the difference between getting inebriated and blacking out, or the typical equivalent of about 3–4 drinks versus 7-8 drinks.
North Carolina police will set up checkpoints
Driving under the influence (DUI) carries serious penalties in North Carolina, including the possibility of jail time, license suspension, and thousands of dollars in fines. North Carolina state troopers will be particularly vigilant during New Year's Eve's overnight hours. On your drive home, whether you live in the city or the suburbs, you will probably pass a DUI checkpoint. Although you have the option to try to avoid the checkpoint by turning down a side street, be advised that law enforcement personnel are alert to this type of conduct and will frequently follow and pull over cars that attempt to evade DUI checks. A DUI conviction can have major consequences for your life. You may face financial hardships, loss of work and insurance premium increases. Plus, your driving record may be affected and you could lose your license. Should you receive a DUI, you will need assistance with facing the charges. ]]>On Behalf of Smith, Dickey & Dempster P.A.https://www.smithdickeydempster.com/?p=475432023-12-18T17:29:18Z2023-12-18T17:29:18ZWhen the police stop a driver because they are suspected of drunk driving, they can request field sobriety tests. While the police may get the most evidence through chemical tests, they may begin with a field sobriety test.
A field sobriety test is a kind of physical evaluation. There are three approved kinds of field sobriety tests.
Horizontal gaze nystagmus test: The police may have a driver focus on a single moving object while only using their eyes and without turning their head. The point of this test is to help police notice eye flickering that might indicate that the driver is drunk.
One-legged stand test: The driver may be asked to stand on one leg for a short duration of time. If the driver falls, puts their foot down or uses their hands to stay balanced, then they could fail the test.
Walk-and-turn test: This test involves having the driver walk in a straight line, toe-to-heel. If the driver steps off the line or falls, then the police may fail them.
These tests don’t always prove that a driver is drunk. A disability or medication can lead to a failed field sobriety test.
Understanding non-standardized field sobriety tests
The police can ask drivers to do other kinds of non-standardized field sobriety tests. For example, the police could ask a driver to spell the alphabet backward while touching their toes. Again, these may not always prove the sobriety of a driver. If a driver believes they were wrongly accused of drunk driving, then they may need to reach out for legal help.]]>On Behalf of Smith, Dickey & Dempster P.A.https://www.smithdickeydempster.com/?p=475412023-12-02T17:10:48Z2023-12-02T17:10:48ZIn many industries, such as the construction industry, falls are one of the top reasons for injuries and fatalities every year. They’re one of the main risks that workers face, whether they are working on roofs, ladders, scaffolding systems or other hazardous areas.
There are three main types of fall protection systems that can be used to mitigate this risk. They are as follows.
Fall arrest
A fall arrest system is designed to catch a worker after a fall. These are often used when it’s impossible to prevent the fall from happening. For instance, a worker wearing a rope and harness could fall from a roof, but the rope will catch them before they strike the ground.
Fall prevention
On the other side of the coin, a fall prevention system does try to make the fall completely impossible. An example of this would be tall guard rails that workers cannot fall over, preventing them from reaching a dangerous edge. Fall prevention systems are excellent because they can prevent many injuries, but they’re simply not feasible in some settings.
Travel restraint
Finally, some workers will use travel restraint systems, which just limit where they can move. For instance, a worker may be secured to a roof by a harness and a line, but the length of that line has been measured so that the worker cannot walk to the edge of the roof.All of these systems can be very helpful, but workplace accidents still do occur and falls are one of the main reasons why workers get injured. Those who have been hurt need to know about all the legal options at their disposal.]]>