Kimberly, a founding partner at Owens & Miller PLLC in Raleigh, graduated from Campbell Law in 2007. Her practice focuses on the litigation of civil and injury claims by plaintiffs. She has handled hundreds of cases with most of the major insurance carries, and has tried jury trials around the Triangle including Wake, Durham, Harnett, Johnston and Cumberland Counties. Miller has presented at numerous speaking engagements, leading conversations on insurance law, handling auto injury claims, and litigating personal injury claims.

Miller volunteers as a coach for the Enloe High School Mock Trial Team. She received a Women of Justice Award from North Carolina Lawyers Weekly in 2012 and was named to the Rising Stars List in SuperLawyers magazine in 2013, 2014, and 2015.

The Campbell Law Alumni Association Board of Directors is a new committee organized by the University in order to create Campbell Law School’s first Campbell Law Alumni Association. Kimberly was appointed to the inaugural Board of Directors by Campbell Law School’s Dean Richard Leonard. Kimberly is very excited and humbled by the appointment to the inaugural Board of Directors and election as Vice Chair.

The most crucial part of your safety gear is your helmet. In order to fully protect yourself, you need a helmet that’s been certified. Motorcycle helmets approved by the Department of Transportation (DOT) are legal requirements in North Carolina. The DOT and the Snell Foundation are the two organizations recognized in the United States for setting highest safety standards for motorcycle helmets.

The federal government creates the standards set by the DOT for helmets, while the Snell Memorial Foundation is a private non-for-profit organization. Snell’s standards, however, are known to be some of the toughest.

The impact report is one of the critical points of a helmet evaluation that both of the organizations employ. It determines how effective the helmet would be in preventing brain injuries during an accident. To ensure you can count on your helmet to keep you safe, check that it’s certified by one of these two organizations.

There’s also the importance of your other motorcycle gear, such as gloves. If you have an accident you will instinctively try to cover your face with your hands. Leaving your hands exposed, you risk permanent damage to your hands. Although gloves will not necessarily prevent bone injuries, they can help prevent painful skin injuries that may leave permanent scars. You should also consider a jacket and motorcycle jeans or a riding suit, to help prevent skin injuries.

For added safety, you can add aftermarket high intensity LED brake lights. The bright, flashing light helps others see you better when visibility is low.

Of course, part of being a safe rider includes staying up-to-date with the latest in motorcycle safety. To maintain responsible riding skills, consider continuing your education with a professional.

Our attorney Kimberly Miller has presented legal issues that affect motorcyclists at safety classes. One particular challenge she enjoys discussing and helping victims navigate is insurance. Sometimes motorcyclists are hit by underinsured or uninsured motorists and Kimberly helps them pursue recovery from the negligent party. How will an accident victim cover medical costs and motorcycle repairs if the negligent driver does not have enough insurance or is not insured at all? North Carolina has specific UM/UIM coverage requirements. If another driver’s insurance is insufficient and there are no assets to pursue, our lawyers help make sure you receive the UM/UIM coverage provided in your own policy. When necessary, we handle litigation proceedings if the victim elects to pursue the negligent party with a lawsuit.

Even the most experienced riders can benefit from taking a refresher course from the Motorcycle Safety Foundation. They even provide advanced classes for more seasoned riders. Search for North Carolina motorcycle safety classes here.

If you have traveled through the greater-Raleigh area, you may not be familiar with how the influx of residents has stressed the infrastructure, resulted in the construction of more roads, and created more traffic than this area has ever experienced before. Additionally, the Research Triangle Park attracts business travelers year-round. Bordered by main thoroughfares like Interstate-40, Interstate-85, and Interstate-95, out-of-town travelers navigate North Carolina roads every day. What if someone outside their home state is in an accident in North Carolina? We can help.

A victim of a highway accident in North Carolina may suffer from severe physical ramifications, loss of mobility, lost wages from missing work. Victims may need to navigate complicated laws after a highway accident. Depending on the circumstances, some federal traffic laws may apply. In 2013, new truck driver regulations went into effect. Our accident attorneys can explain how legislation applies to your case. One of our attorneys, Will Owens, is a member of the Association of Plaintiff Interstate Trucking Lawyers of America. This organization is focused on eliminating unsafe and illegal interstate trucking practices.

According to reports released by the North Carolina Department of Transportation, fatal highway accidents dropped approximately 22% since 2005. The NCDOT maintains over 80,000 miles of highway across the state. Although reports show that highway fatalities and crash rates are going down, the rates don’t imply that victims are suffering any less after an accident. Faster highway speeds and the common use of highways by larger vehicles like tractor trailers and trucks hauling heavy cargo increase the severity of injuries that can occur in highway collisions.

Not only are roads congested, but the risk of of passive inattentive drivers exists. Today’s drivers face more distractions than ever before, especially when some try to multitask while behind the wheel. Fatal accidents may occur from drivers falling asleep at the wheel while traveling at fast highway speeds, or risking the lives of others by driving impaired.

The Raleigh accident attorneys at Owens and Miller help victims recover compensation from every negligent party. Our lawyers work with the insurance companies so you can rest easy and focus on recovering while knowing your best interests and legal rights are represented. Contact us for a free case review.

Victims who survive catastrophic accidents may be disabled. Depending on the circumstances of the accident, a brain or spinal cord injury may result in paralysis—or the force and weight of accident debris may crush bone and critical tissues, preventing mobility or prompting medical practitioners to amputate.

Paraplegic accident survivors and their families must adapt to a new life. Our catastrophic injury attorneys understand how challenging it is to learn to cope while trying to pursue an injury claim. To build a strong claim, victims should review current and future impairments associated with paraplegia. Paralyzing accident injuries may require:

• Life-long pain management
• Medications and medical equipment
• Physical therapy
• Personal aide
• Home modifications
• Vehicle modifications or new accessible vehicle
• Compensation to offset lost wages. (Learn about filing for disability in North Carolina.)
• Future medical treatment for other health problems directly related to paralysis. (The United States National Library of Medicine reported in a 2011 study of paralyzed injury victims that, “Significant bone loss develops in the first months and continues years after spinal cord injury.”

Paraplegic injuries also cause other hardships. Victims lose independence and may not be able to return to work. Spouses or partners may suffer loss of companionship, loss of consortium, loss of enjoyment of life, and more.

Catastrophic accidents may have occurred as the result of more than one negligent party. Review your case with a lawyer to learn your legal entitlements, meet filing deadlines, and have peace of mind necessary paperwork is completed properly. Our catastrophic injury attorneys in Raleigh review the details of your case to learn if a third party claim may be possible, ensure insurance companies provide the payments outlined in their policies, and uncover every possible means of compensation for our clients.

If your North Carolina Social Security Disability claim was denied, your next step is a reconsideration. If that was denied, then you need to prepare for a hearing. For those who applied for Social Security Disability in Moore County for the first time, the closest Social Security offices to Southern Pines are in Sanford. (See SSA to determine locations near your home.)

Understand hearings are not only a critical part of whether you will receive benefits, they are serious proceedings. Our lawyers review what you can expect at your Social Security Disability hearing to ensure you are prepared, comfortable, and that your hearing goes smoothly:

1. Sixty minutes or less. Most Social Security Disability hearings are about an hour long. Rarely will a hearing last longer than an hour
2. Hearings are recorded. Be prepared to speak clearly or have a representative, like a Social Security Lawyer, speak on your behalf. If your disability does not impair your ability to speak, you will be required to testify under oath and respond to questions asked.
3. Who will be there? Expect an Administrative Law Judge, the judge’s assistant, your North Carolina Social Security Lawyer, and any witnesses testifying on your case to be present. A vocational expert is present at a majority of hearings. Sometimes the Administrative Law Judge calls upon a medical expert. It is customary to respectfully stand up when the Administrative Law Judge enters the room.
4. Attire. Even though this is an important step toward getting approved for disability, it is an informal hearing that does not require formal attire.
5. Order of events. Judges usually start by announcing the claimant’s case history and items that must be decided during the hearing. Sometimes the judge will question the claimant first. Then your lawyer may ask you or a witness any questions. (Our Social Security lawyer spends time before your hearing reviewing all possible questions so that you are adequately prepared.) Sometimes a judge will allow a claimant or their attorney to make a closing statement. This is not mandatory. The judge is not required to announce his or her decision at the end of the hearing, but in some instances they do. Otherwise, a formal notice is mailed to the claimant within 60-90 days of the hearing, sometimes longer. If your claim is denied again, learn more about what to do if your Social Security Disability claim is denied.

Individuals who are no longer able to work as a result of a mental or physical disability may be eligible for Social Security Disability benefits. Moore County’s proximity to Fort Bragg affords a high concentration of military and retired military personnel. (Ask our Social Security Lawyer about Veterans Disability claims.) If you need help with your disability claim in the Pinehurst area, review your claim with our Social Security Disability attorneys. Our lawyers can assist you with hearings in this area and across the state.

To avoid a denied claim for Social Security Disability benefits, and to ensure you receive the benefits you are entitled to, it is important to understand why individuals do not qualify for benefits. Our Social Security Disability lawyers in Raleigh review a few reasons why claims are denied below. The list offers only a few reasons why claims are denied, but there are many more. These can help you understand why you may not qualify for Social Security Disability Insurance benefits (SSDI).

Reasons Why an SSDI Claim is Denied

• Earnings. If the applicant earns a certain amount, their claim may be denied. The government uses an SGA factor, which measures Substantial Gainful Activity. Disabled individuals can still work, but if they earn more than $1,070 per month in 2014 the government does not recognize their disability for benefits purposes.
• Drugs and alcohol. When an applicant’s disability is directly related to substance abuse, the Social Security Administration (SSA) will normally deny the claim. To receive benefits, the individual must prove their disability is present when not using drugs and alcohol.
• Fraud. Some individuals try to cheat the government out of benefits and will fake a disability. When the SSA discovers this, not only will benefits be terminated, the individual will be charged with fraud, prosecuted, and will typically be required to pay back benefits and serve jail time.
• Length of disability. If a disability does not last at least one year, the SSA will deny your claim. The SSA pays benefits to individuals who suffer a disability for 12 months or longer, and to surviving family members of individuals who died as a result of their disability.
• Incomplete therapy. If an individual is being treated by a medical doctor for their disability, and the doctor prescribes therapies, the patient must comply with the prescribed therapy. Failing to do so usually results in a denied claim. There are some reasons the SSA accepts from individuals who fail to complete prescribed therapies. If the treatments are too expensive, or if another physician has prescribed opposing treatment, the SSA may accept that the claimant was unable to complete the therapy. Our Raleigh disability lawyers can explain other acceptable reasons upon a case review.

Just as the ground thaws and new bits of green begin to emerge from winter’s brown earth this spring, Owens & Miller is also experiencing new growth. Over the years we have experienced increasing demand for assistance with Social Security Disability claims. Desiring to help these clients while also maintaining our primary focus on representation of clients with injury claims, Owens & Miller is proud to announce that attorney Rachel Lane Thomasson has joined Owens & Miller, of counsel, to exclusively handle Social Security Disability cases.

Please join us in welcoming Mrs. Rachel Lane Thomasson, Social Security Disability attorney, to our Raleigh firm. Rachel joined the Owens & Miller family this spring. We are proud to have her on our team to advocate for our Social Security disability clients!

Rachel is a skilled Social Security Disability attorney who has focused her career solely on Social Security Disability law. For over five years, she has successfully represented hundreds of Social Security clients at administrative law hearings across the state of North Carolina.

Will and Kimberly got to know Rachel while working in the trenches together previously at a high-volume law firm in Raleigh. They know firsthand Rachel’s sincere dedication to her clients. Her unique skill set in helping those who have been deemed permanently disabled is a perfect complement to Owens & Miller’s existing practice in which many clients are suffering from serious and often disabling injuries.

Rachel is a member of the North Carolina State Bar, and the United States District Court for the Eastern and Middle Districts of North Carolina. Kimberly and Will are excited about Rachel joining the firm to handle Owens & Miller Social Security Cases, thus allowing Kimberly and Will to continue to focus on representing clients with auto accident, truck Accident, motorcycle accident, workers’ compensation and personal injury claims. If you or a loved one has any questions whatsoever regarding Social Security Disability, please give us a call at 919-719-2750.

Car accident victims in North Carolina have developed a reputation—statistically. Just before the beginning of 2014, the findings in a national survey revealed the Tar Heel State is one of the Top 10 States With the Worst Drivers.

Compiled through an analysis of multiple federal and private organization resources (including places such as the National Highway Traffic Safety Administration and Mothers Against Drunk Driving), the report takes into account all accidents on the nation’s roads. The report includes any type of accident: North Carolina hit-and-runs, drunk driving accidents, tractor-trailer crashes, and ticketed driving offenses. By analyzing the types of accidents and the number of fatalities, researchers were able to score each state on multiple areas.

When it comes to drivers in North Carolina, here’s how our state ranked:

• #7 Worst Drivers (Tied with Missouri)
• #31 Drunk Drivers
• #36 Failure to Obey (Traffic Signals and Seat Belt Violations)
• #42 Top Tickets
• #44 Careless Drivers

We live in a state where the odds are against innocent drivers. One car accident may affect the lives of many. The car accident victim is not the only one who suffers. An injured person may not have the ability to provide for their family as they were once able to. Car accident survivors may face lost wages, adjusting to a different job or filing for disability, managing the burden of mounting medical bills, long-term pain management, and more. And what if the at-fault driver did not have insurance or was underinsured? An attorney can help manage all of these areas.

Our auto accident lawyers in Raleigh not only help accident survivors and the families of fatal accident victims in Durham, Chapel Hill, and the greater Triangle-area—we handle cases all across the state. From Brevard to Beaufort, our lawyers can review your rights under North Carolina injury law and explain if any federal traffic laws apply, such as in cases of tractor-trailer accidents.

What other states have the worst drivers? Read the full driving report here.

Super Lawyers is a rating service of outstanding lawyers from over 70 practice areas. The individuals selected have earned high degrees of peer recognition and professional achievements. The annual selections are made through a state-wide independent survey of North Carolina lawyers in respective practice areas. The result is a list of exceptional North Carolina injury attorneys and other practicing lawyers.

The Super Lawyers lists are published nationwide and in leading city and regional magazines and newspapers across the country.

See page 36 in 2014 Super Lawyers.