Asheville Personal Injury Attorneys | Fisher Stark Cash PA

When The Other Driver Is At Fault

FisherSC — Thu, 06 Dec 2012 21:38:12 +0000

Often times, folks have questions or concerns that they often think need the advice or representation of an attorney. Throughout the years of my practice, I’ve had the opportunity to represent numerous individuals and businesses in addressing their legal needs. Based on that experience, I have a scenario I’d like to share with you that may let you know whether or not you may be in need of our services or the services of an attorney in general. In this particular situation, a client was injured in a motorcycle wreck, while riding a bike, through no fault of their own. The injuries suffered were a result of the negligence of another driver. The question was presented and the client was informed by another attorney that they were only entitled to recover the liability limits of the negligent driver’s insurance policy. The client’s question was, shouldn’t that person, or their insurance company, be responsible for paying all of his medical bills that resulted from the wreck? The short answer is, yes. The person that was driving and caused the wreck should be responsible for all those medical bills and other damages that they caused in the wreck. However, in North Carolina, like many states, the liability limits of the policy are the extent of what an insurance company will likely have to pay in the event of a claim against their insured. So in this particular example, it may be possible, depending on the assets of the person who caused the wreck, to exhaust the liability limits on the policy and then continue efforts to try and collect monies from the responsible person. Those efforts would go outside the limits of the liability policy and look at other assets that person may have. Often times that takes some creativity, and some digging on our part. We like to think we’re fully capable and qualified to do that; we’ve done it in the past. But it’s really an analysis that needs to be made after the accident has happened, obviously, and after some due diligence. So if you find yourself in that situation, I would suggest contacting an attorney and letting them take a look at it. Please remember that every case is unique and requires specific analysis. If you think you need the services of an attorney here at Fisher Stark Cash, we highly encourage you to contact us at the information you can find on the screen. Myself or one of my law partners will be glad to speak with you.

Catawba County Motorcylce Accident Attorneys

FisherSC — Tue, 27 Nov 2012 21:08:00 +0000

Motorcycle accidents often result in severe injuries or death. Motorcycle accidents fall under personal injury law and require an experienced motorcycle accident attorney. The attorneys at Fisher Stark Cash, P.A. serve the communities of Catawba County and understand the complexities that surround motorcycle accident cases in Catawba County. We can help you obtain fair compensation for your losses. Often times the injuries received in a Catawba County motorcycle accident are serious, long-lasting and catastrophic. Common injuries from motorcycle wrecks include brain injury, spinal injury, broken bones, road rash and even death. Any injury can leave you with pain and suffering and in the aftermath of a motorcycle crash you may be worried about medical costs, future medical expenses, lost income and future loss of earning capacity. Our attorneys can help you receive fair compensation for your losses and give you some peace of mind. We will work with you to establish your goals and actively work to help you achieve them. To help you receive the full and fair compensation that the law allows we work for our clients to establish the legal responsibility, review and prove the damages, and collect the financial settlement or judgment. We not only look into the possibility of driver negligence but also unsafe or defective equipment, and poorly maintained property or roads. We strive to help our clients get through the pain and anguish resulting from a Catawba County motorcycle accident. Our motorcycle accident attorneys understand that insurance companies are generally more concerned about maximizing their profits than your recovery. The job of the insurance adjuster is to settle the claim for the lowest possible payment. The attorneys at Fisher Stark Cash, P.A. have the training and experience to develop the critical evidence necessary to help you recover and receive compensation for your injuries. Motorcycle accidents can be traumatic and costly experiences. If you or a loved one have been involved in a motorcycle accident, consult the personal injury attorneys at Fisher Stark Cash, P.A. Our attorneys serve the communities of Western North Carolina including Catawba County, Buncombe County, Henderson County, Haywood County and Transylvania County.

Wrongful Death Attorneys serving Hendersonville County

FisherSC — Tue, 27 Nov 2012 20:59:58 +0000

The sudden and tragic loss of a family member is always difficult for the surviving family members. If you’ve lost a loved one because of someone else’s negligent behavior the feelings of loss, anger and helplessness can be even more overwhelming. No amount of money can replace or compensate for your loss. In the aftermath of a death caused by the bad decisions of someone else, financial burdens can take their toll. We can help you lighten that load. If you’ve lost a loved one as the result of a personal injury accident you need an experienced wrongful death attorney to represent you. We understand that this is an extremely emotional and stressful time. Our experience as wrongful death attorneys and the numerous clients we have successfully helped can be utilized to assist you and your family. Wrongful Deaths are the result of negligent, careless, reckless or criminal actions of others or corporations. The conduct could be caused by any responsible party, including an individual, company, organization or corporation. The surviving spouse, children, parents and siblings may be able to file a wrongful death claim and have rights recognized by North Carolina law. Common causes of wrongful death include:

Car accidents
Motorcycle accidents
Trucking accidents
Drunk drivers
Bicycle and pedestrian accidents
Defective products (products liability)
Medical malpractice
Construction accidents

Compensation for a wrongful death claim may include:

Final medical expenses
Funeral expenses
Burial costs
Future earnings anticipated over the decedent’s lifetime
Lost benefits of the victim
Pain and suffering of the victim
Mental anguish of the victim

We apply our experience and skill as wrongful death attorneys to help our clients through the twists and turns of their seeking compensation for the loss of their loved one. We endeavor to give you the personal attention and legal representation you want in a difficult, stressful and emotional time. The Fisher Stark Cash team will prepare your case for trial. We know that juries want a clear and powerful message that shows them what happened. We are your advocates. We know that you have to fight to achieve the highest possible legal recovery for your serious wrongful death case. We serve the communities of Western North Carolina including Henderson County, Buncombe County and Haywood County. If you’ve lost a loved one because of the negligent or reckless behavior of another, call us today so we can go to work for you. 828.505.4300

Car Accidents Caused By Road Debris

FisherSC — Tue, 27 Nov 2012 20:52:16 +0000

Public roads can become hazardous when road debris is present. Road debris can cause a driver to lose control of his/her vehicle and contribute to serious injuries. If items are particularly large, like trees and boulders, it can make a driver slam on their brakes or change lanes, increasing the risk of a collision. The highways of Western North Carolina are susceptible to falling rocks and mudslides, which are also very dangerous. When an accident occurs because of road debris, the first question that usually comes to mind is who’s at fault? The government can be usually responsible for the cleanup of road debris. They will periodically clean the shoulders and remove large items from the road. Because of this, it is very difficult to establish liability. The only way to do so is to establish that the government knew about the road debris and failed to clean it up within a reasonable amount of time. Governmental immunity can provide an additional defense. It must also be proven that the debris was the catalyst for the accident. This requires showing that the accident would not have happened if the debris had been removed. Suing a government agency can be very difficult. You need a law firm with experience in claims against the government. If you’ve been involved in an accident caused by road debris, contact the personal injury attorneys at Fisher Stark Cash, P.A. We can assist you with gathering the necessary evidence and prosecuting your claim. Call today for a free case evaluation, 828.505.4300. We proudly serve the communities of Western North Carolina including Asheville, Hendersonville, Brevard, Morganton, Hickory, Waynesville and Marion.

When Facebook can be your “Foe”

FisherSC — Tue, 31 Jul 2012 19:21:26 +0000

Facebook has taken the world by storm and it the largest social media network. It’s used by more than 500 million people. Celebrities, businesses, politicians, seniors and kids alike all use Facebook. The term “friending” on Facebook means to accept someone’s friend request. If your information is private, they are then allowed to view your photos and information. But just because your Facebook settings are private doesn’t always mean unattainable. If you are involved in a personal injury case Facebook can reveal information about you that you intended to keep more private. If you are claiming that you’ve been permanently injured and there’s a photo of you on your Facebook page where you appear to be jumping on a trampoline or surfing, and it’s dated only 2 weeks ago, that inconsistency is damaging. Don’t think for a second that defense attorneys and insurance companies aren’t looking for your Facebook page. They will look into whatever means necessary to deny you fair compensation. If your settings are private, a defense attorney can subpoena social media information. There are a few ways to protect your personal privacy if you are injured and you have a Facebook page:

Disable your profile – just for the time being. This is probably the safest way to prevent any possible complications involving Facebook.
Control privacy settings – if you don’t want to disable your account you can go into your settings and use the highest privacy setting offered. You can even make yourself “unsearchable.”
Post wisely – photos, comments, etc… watch what you say and be mindful of the image that you are portraying on your account. And never post anything about your legal matters.
Delete questionable content – if things you’ve posted in the past might paint the wrong picture you should remove them immediately.
Keep an eye on wall posts – both yours and your friends. You may want to disable posts on your wall and the “tagging” option. You can also ask friends to delete posts and photos that involve you.
Don’t accept unknown friend requests – if you don’t know them, don’t accept. You never know who they might be. And avoid responding to e-mails from unknown senders.

While these are good ways to help protect you in a personal injury case, they are not fool proof. Use your best judgment when dealing with anything on Facebook. If you’ve been involved in an auto accident, motorcycle accident, trucking accident, or bicycle or pedestrian accident call the personal injury attorneys at Fisher Stark Cash, P.A. We are experienced trial attorneys that fight for the rights of our clients. If you have any questions about a personal injury claim, call today at 828.505.4300.

10 Tips to Avoiding a Car Accident

FisherSC — Tue, 31 Jul 2012 19:18:11 +0000

Pay Attention – Be alert, paying close attention to your own driving as well as others around you. This includes keeping an eye on the car in front of you and the traffic in front of it. Watch out for pedestrians, scan your mirrors regularly and adjust your speed according to driving conditions. By being attentive you increase your chances of avoiding and reacting to foreseeable problems. This way you decrease your chances of involvement in a collision
Avoid the Fast Lane – When you avoid the fast lane you avoid unsafe speeds. Excessive speeds increase the chances of a wreck and injuries because reaction time is reduced.
Maintain Your Car – Make sure to have your car checked regularly. Wiper fluid and blades, tires, brakes, tune ups should be up to date. If you are in an accident that is caused by a faulty part of your car, you may be held responsible for causing damage and injuries. Maintenance is important for keeping your car running safe.
Beware of Blind Spots – Let’s start with adjusting your mirrors, both side and rearview. But well all know that you shouldn’t completely rely on them. Cars can go undetected in the “blind spot,” so turn to look into the lanes beside you. Also remember to signal long before you change lanes.
Avoid Alcohol and Medication – Both slow your reaction time. Even over the counter drugs can affect you. Please use good judgment.
The 9 and 3 o’clock Position – By positioning your hands here you have the most vehicle control. In the event you are forced to maneuver quickly, you may be more likely to avoid a potential car wreck.
Don’t Tailgate – Following too close increases your chances of a rear-end collision. The general rule is to maintain a 3-second following distance, or a full cars length. In hazardous weather conditions increase to 4-5 car lengths.
Eliminate Distractions – Texting, smart phones, DVD players, navigation systems, all of these are a part of our high tech society. They may be convenient, but they are hazardous to us while we are driving. The more distracted you are the more likely you are to be involved in a collision. And this is not just for high tech devices; avoid reading books and newspapers, eating, and ladies put down the mascara.
Avoid Intersection Errors – Approach intersections with caution, look around carefully and make sure you have the right of way. Intersections involve high speeds, and cars traveling in opposite directions, increasing the potential for auto accidents. Even when your light turns green, wait a few seconds before proceeding.
Drive Defensively – This coincides with rule #1, being aware of your surroundings. Try to avoid being aggressive while not being entirely passive either. You must be ready to move or stop when necessary and react appropriately to how other drivers are behaving on the road. Aggressive driving is not worth the risk or the few minutes you may or may not have saved.

If you’ve been involved in an auto accident, motorcycle accident, trucking accident, or bicycle or pedestrian accident call the personal injury attorneys at Fisher Stark Cash, P.A. We are experienced trial attorneys that fight for the rights of our clients. If you have any questions about a personal injury claim, call today at 828.505.4300.

Bicycle and Pedestrian Accident Attorneys Serving Madison County

FisherSC — Thu, 26 Jul 2012 19:19:22 +0000

There is perhaps no better place to enjoy cycling or walking than Western North Carolina. With plenty of bike lanes, pathways, and trails, our mountain setting is perfect for outdoor enjoyment. But that enjoyment can quickly turn into a nightmare when careless motorists, unsafe conditions, or defective bike parts causes an accident. When a bicycle or pedestrian accident happens on Madison County roads it can have the most tragic results. When walking or riding a bike, you don’t have the same structural protection against impacts that you do while driving, so you are more likely to be seriously injured.

If you are severely injured or if a loved one was killed in a Madison County bicycle or pedestrian accident due to the negligence of a driver, you deserve compensation for your losses. An injury can result in inability to work and expensive medical bills. An experienced personal injury attorney can help protect your rights and get you the maximum compensation that the law allows.

The personal injury lawyers at Fisher Stark Cash, P.A. represent pedestrians and bicyclists injured in Madison County in the following kinds of driver negligence cases:

failure to yield
cross walk accident
pedestrian hit and run
crowding bicyclist off of road
parking lot pedestrian knock downs
failure to come to a complete stop at intersection

As your legal team, our bicycle and pedestrian accident attorneys consult with medical experts and economic impact analysts in order to explain the extent and nature of your injuries. Taking into account lost wages, medical bills, and the emotional trauma suffered, we work to get you full and fair compensation for your injuries.

Don’t suffer from someone else’s carelessness – contact the personal injury attorneys at Fisher Stark Cash today at 828.505.4300.

We proudly serve the communities of Western North Carolina including Marshall, Asheville, Waynesville, Hendersonville, Lenoir and Hickory.

Keeping a Personal Injury Diary

FisherSC — Thu, 26 Jul 2012 19:05:29 +0000

An attorney’s job is to show the true nature and extent of your injuries during a personal injury trial. Your suffering may reach beyond the medical records and you will want to explain that in vivid detail. Keeping a personal injury diary or journal can be a great way to keep track of your injury, progression and other significant events related to the injury. You can use a calendar or notebook to keep these records. Here are some elements you may want to keep track of:

Date and Event references: This includes dates that you visited the doctor, had X-rays, returned to work, began rehabilitation, pain flair-ups, and missed activities because of the injury. It can also be helpful to track the dates of when you began and stopped taking medications for your injury, as well as dates of your health progression.
Affect on your life: Your injury has probably changed your life in many ways and explaining those affects (what you are able to do and not able to do) in detail can paint a clearer picture of your suffering. Describe how the injury has affected your work, activities and overall daily living. This can include affects on housework, hobbies, work life, and even the simplest activities like getting out of bed and getting dressed. Show changes in your role as a husband, wife or parent. Includes not only your physical restraints but how this has affected your mood and personality.
Pain & Suffering: Make an account of the pain you are experiencing. This can start at the time of the crash or event and continue thereafter. There are ways to describe the pain like shooting, throbbing, etc. You can also use “on the scale of 1 to 10”, to describe your discomfort level. 10 representing the highest level of pain, and 1 representing very mild pain.
Expenses: The value of your lawsuit is also influenced by the medical and legal expenses you incur. It is of great help if you keep all your receipts and records as this will help your attorney avoid any possible error or inaccuracy. This includes keeping any canceled checks and a list of expenses. When handed over to us we will then organize and keep track of them for you. These records will be needed during trial.

Keep in mind that a personal injury diary constitutes notes to your attorney to help track the events related to your injury, not a diary of thoughts and “rants,” or anything else that may be unrelated to your injury.

The personal injury attorneys at Fisher Stark Cash, P.A. have represented numerous clients who have suffered from an injury. You want an attorney who will spend the time and attention necessary to help you receive the full and fair compensation that the law allows. Our attorneys aggressively represent clients against insurance companies and other responsible parties. If you or a loved one has been injured call us today at 828-505-4300 so that we can inform you of your rights and answer any questions you may have.

The services of an experienced personal injury lawyer should be acquired after an injury so they can assist you in protecting the rights of you and your family. We serve the communities of Western North Carolina including Asheville, Hendersonville, Hickory, Lenoir, Black Mountain and Waynesville.

Bicycle Safety

FisherSC — Wed, 30 May 2012 15:51:30 +0000

With the gorgeous spring weather upon us, rest assured there will be more and more bicyclists on the roads. Motorists need to look twice; bicycles are everywhere, Asheville is a hot spot for biking and it’s important to take as many safety precautions as possible. We’ve seen the injuries that can result from bicycle accidents and we want cyclists to stay as safe as possible. Here are a few safety tips for bicyclists:

Always wear a helmet
Wear comfortable clothing that’s easy to see
Wear reflective gear and lights at night
Use bike lanes whenever available
Travel with the direction of traffic
Obey traffic and safety rules
Follow lane markings
Use arm signals for turning to alert motorists
Keep both hands ready to brake
Be cautious of motorists
Look out for road hazards
Keep up with bike maintenance, checking brakes and tires regularly

We know that even following all the rules doesn’t prevent injuries. Our personal injury team represents bicyclists hurt in collisions and we will put our experience and successful track record in your corner. We will investigate bicycle and pedestrian accidents so the insurance company (and a jury, if necessary) can understand how it happened. We aggressively fight for the rights and interests of our bicycle accident clients, both in negotiation and in court. Call our bicycle accident attorneys today for a free case evaluation at 828.505.4300.

We serve the communities of Western North Carolina including Asheville, Hendersonville, Waynesville, Brevard, Marion, Mars Hill Black Mountain and Hickory.

Teen Drivers More Likely to Wreck in First Month of Driving

FisherSC — Wed, 30 May 2012 15:39:21 +0000

A study by AAA Foundation for Traffic Safety between 2001 and 2008 was conducted in our home, the State of North Carolina. The study indicated that teen drivers are 50 percent more likely to crash in the first month of driving than after a full year of experience, and nearly twice as likely to crash in their first month as they are after two years of driving experience.

According to the study, three common mistakes caused 57 percent of all teen driver crashes. Those 3 mistakes are:

Failure to reduce speed
Inattention
Failure to yield

Car wrecks involving left turns were common in the first month as well, but declined almost immediately thereafter. This shows that it’s not the lack of understanding but lack of skill that often resulted in car crashes.

Other studied behaviors involved teens driving with and without parents. When parents accompanied teen drivers they were usually on familiar roads that weren’t lengthy. Without parents, teen drivers were usually accompanied by other teens and drove unfamiliar roads for longer periods of time. These factors have more potential to contribute to an accident.

The AAA Foundation suggests some safe-driving strategies for parents:

Practice and more practice, especially on a variety of different roads in a variety of weather conditions.
Limit the number of passengers. More passengers mean more distractions.
Avoiding night driving because of reduced visibility.

It’s important for our young drivers to practice and for parents to set limits on their teens’ night driving and their number of passengers. Hopefully this information will help you make informed decisions about potential distractions and ways to keep your children and other children safe on the road.

If you or a loved one has suffered injuries in a car accident that involved a teenage driver, contact the Asheville personal injury attorneys at Fisher Stark Cash, P.A. Persons injured in an auto accident have the right to be compensated for their injuries and damages. Our experience and expertise can help you get the maximum compensation that the law allows.

Our auto accident attorneys proudly serve the communities of Western North Carolina including, Buncombe County, Henderson County, Waynesville County, Catawba County, Transylvania County and Madison County. Call today for a free case evaluation at 828.505.4300.