North Carolina Legal Articles
Law related articles writen by lawyers
and experts witnesses practicing in North Carolina
June 4, 2013 By King, Crotts, and Associates
Sometimes jail just isn’t the answer. To help combat criminal activity in a more effective manner, alternatives to the standard criminal sentencing are being used, namely, drug courts.
May 9, 2013 By Roberts Law Group, PLLC
Employees who are wrongly accused of theft or who made an innocent mistake that is interpreted as fraud have even more on the line than the businesses themselves.
March 18, 2013 By Pierce Law Offices
If you have been truly hurt during a collision due to someone else's negligence, it is extremely necessary to consult with a North Carolina Personal Injury Lawyer. Pierce Law Offices has the useful resources and expertise to assist you and your loved ones throughout this stressful period.
March 10, 2013 By Brent Adams & Associates
Lawsuit settlement funds allow victims to get money through means like pre-settlement loans with the help of a Dunn accident injury attorney. Get your money quickly.
February 27, 2013 By Brent Adams & Associates
Eligibility for VA benefits is dependent on factors such as active duty. The determination of this is sometimes complicated, depending on the circumstances.
February 25, 2013 By Brent Adams & Associates
After a dog attack, you may decide to seek compensation through a personal injury claim. To do this, however, you will need to establish ownership of the dog.
February 15, 2013 By King, Crotts, and Associates
Seatbelts save lives and help to reduce injuries during car accidents. That said, what are the ramifications of not wearing your seatbelt when involved in a car accident where you are not at fault?
February 14, 2013 By Brent Adams & Associates
Settling a personal injury claim can take anywhere from a few weeks to several months.
January 24, 2013 By Brent Adams & Associates
Car crashes that result in the total loss of a vehicle will receive a fair market value in Raleigh. To determine what your car is worth, consult the Kelley blue book.
January 21, 2013 By Brent Adams & Associates
When a doctor hurts a patient, the patient often looks to be awarded medical malpractice compensation. There are many damages available in medical malpractice lawsuit cases. In some cases, these payouts can amount to millions of dollars.
January 7, 2013 By Brent Adams & Associates
If you are injured, get help from a personal injury attorney in Raleigh, NC. Learn how to find a good attorney and how to hire a lawyer near you.
January 1, 2013 By Law Offices of John M. Kirby, PLLC
This Article addresses life insurance claims in North Carolina, and some issues that frequently arise in these claims, including whether the death is accidental, and whether the insured made a misrepresentation in the policy application. Life insurance claims in North Carolina are governed by the policy itself, state statutes, and sometimes federal ERISA laws.
December 23, 2012 By Brent Adams & Associates
A personal injury attorney may not be required for all accident injury claims. Complex cases or those involving serious injury generally should be handled by a lawyer.
December 17, 2012 By King, Crotts, and Associates
If A Defendant Has Four Or More Prior Larceny Convictions, A Subsequent Larceny Offense Is A Felony.
November 25, 2012 By Brent Adams & Associates
Veterans’ disability lawyers in Raleigh will explain how your marital status and dependents can impact veterans’ disability benefits. If you have a disability rating of 30 percent or higher, it could lead to additional compensation.
November 5, 2012 By King, Crotts, and Associates
Perhaps the biggest change to motorist in North Carolina was the recent addition to the law commonly known as the “Move Over” law, requiring drivers to move over and slow down to the lane furthest from emergency vehicles. As of October 1, 2012, that law has dramatically expanded.
November 2, 2012 By Brent Adams & Associates
Talking with Veterans Social Security disability attorneys in Raleigh can help you learn if you qualify for disability benefits through Social Security. You may also be able to receive veterans’ disability benefits. Veterans Social Security disability attorneys in Raleigh can help military service members determine the types of benefits they may qualify to receive. In addition to obtaining veterans’ benefits, some may also receive disability benefits made available through Social Security.
October 15, 2012 By Brent Adams & Associates
Confused about work injuries? A Workers' Comp attorney may be able to help if your claim was denied. If you have concerns about the way your Workers' Compensation claim is being handled, seek legal counsel. - What is Workers' Compensation? When an employee is injured at work, whether or not the worker was at fault, benefits may be available.
October 8, 2012 By Brent Adams & Associates
Possible Types of Injuries Suffered at Work - One possible type of injury is that involving the back and/or neck. This can be the result of slipping, tripping or falling. Back and neck injuries may also be a result of lifting and carrying heavy objects, or other causes.
August 10, 2012 By Law Offices of J. M. Kotzker, P.C.
Facing a traffic ticket for reckless driving or speeding can be unsettling. In North Carolina, a particular DUI case captured the attention of national media. It involved a drunk plastic surgeon driving his Mercedes 90 mph in a 45 mph zone and slamming into a car driven by a member of the Carolina Ballet. The accident killed the young woman and the doctor went to jail.
July 28, 2012 By Walker Lambe Rhudy Costley & Gill, PLLC
Estate planners often talk about creating the plan that meets the specific needs of the individuals they are advising. They ask what you want and give you choices about how to get what you want. However, let's step back and look at the bigger picture. Estate planning is not only about you. It's also about your family and other loved ones.
July 18, 2012 By McIlveen Family Law Firm
Each county in the state of North Carolina has a Child Support Enforcement office or CSE that is tasked with enforcing child support orders. The Division of Social Services of the Department of Health and Human Services also has the authority to enforce child support orders throughout NC.
July 18, 2012 By McIlveen Family Law Firm
Child custody laws vary from state to state. In North Carolina, any relative of a child may file a suit asking for custody. The only exception is a biological father who became a father because of raping the mother. Sometimes, families can work together to decide custody arrangements without the help of the court.
In North Carolina, insurance points drastically increase insurance premiums. For this reason, having an attorney defend you in traffic court may save you from costly insurance points. In North Carolina, traffic tickets can be extremely costly, resulting in skyrocketing insurance premiums and sometimes a suspended driver’s license.
It can be difficult to understand Social Security disability. To learn more about eligibility requirements, contact a Dunn Social Security disability attorney. Most people don’t give much thought to the possibility of becoming disabled. However, when it does happen and it interferes with your ability to work, you may decide to pursue Social Security disability benefits. Before you begin the process, consult a Social Security attorney in Dunn, North Carolina.
A Raleigh Social Security disability attorney can help you with the Social Security disability process of applying and demonstrating need for your benefits. The Social Security disability process can be both frustrating and harrowing, particularly if you have already been rejected and denied benefits in the past. Fortunately, a Social Security disability attorney can help you with:
Dependent Social Security disability benefits can help family members of someone who is disabled. A North Carolina Social Security disability lawyer explains who can qualify. Depending upon your work, there are specific members of your family that may qualify for benefits, which include the following:
A state agency will review your Social Security Disability application. It must meet work and disability standards for benefit approval. If your claim has been denied, talk to a North Carolina Social Security disability lawyer. When you apply for Social Security disability, the primary goal of the Social Security Administration is to determine if you are disabled and unable to work due to the severity of your disabling condition.
Business is booming in the Asheville food truck industry. It took a little while (about a year) for Asheville City Council to approve the downtown vending. But as of Friday, March 2 food truck owners have their own space in downtown Asheville. “The Lot” is what food truck owners are calling the parking lot located next to the bus station at 51 Coxe Ave.
This question comes from a lawsuit filed against Yves Saint Laurent America, Inc. by Christian Louboutin. Louboutin is a French shoe designer who is very well known for his collections of women’s high heel shoes with bright red out soles. Most women are familiar with the red soled shoes, and associate the color with the designer. The red soles have become a status symbol, a sign of luxury and wealth.
When the government has condemned you land this is often referred to as eminent domain. When faced with eminent domain, you should consider obtaining the assistance of a condemnation attorney. Before you choose a condemnation lawyer to represent you, there are some questions that you may want to ask the attorneys you are interviewing:
One of the most contentious issues in North Carolina family law is child support. How child support works in North Carolina is a very common question asked by those who are planning or facing divorce. Child support laws in most states are fairly fixed without taking into account the actual child-related expenses of both spouses.
Social Security disability qualifications will depend on your work situation and the severity of your impairment. A Social Security disability attorney in Raleigh, N.C., may be able to help. In order to obtain disability benefits, there are Social Security disability qualifications that you must meet. Even then, you will need to be able to support this with ample evidence.
Often referred to as the FDCPA, the Fair Debt Collection Practices Act was created and then passed by Congress to protect consumers and debtors from the abusive behaviors engaged in by some debt collection agencies and creditors. An extensive list of rights and protections against creditors can be found within the Fair Debt Collection Practices Act, 42 U.S.C. section 1692c.
The Social Security Administration uses the List of Impairments – or Blue Book – to determine whether or not an applicant is disabled. Consult a North Carolina disability attorney for guidance. The Social Security disability List of Impairments (also known as the “Blue Book”) plays an important role in the disability determination process.
The Federal Bureau of Investigation created the Uniform Crime Reporting Program (UCR) in the 1920’s to generate a reliable set of criminal statistics for use in law enforcement operation, administration, and management. The program is used around the nation and has become of the country’s leading social indicators as to the growth or decline in crime.
Chapter 20 bankruptcy involves the discharge of personal liability as part of a chapter 7 case as well as the removal of a mortgage lien as part of a subsequent chapter 13 case. Most consumers are familiar with both Chapter 7 and Chapter 13 bankruptcy, however, most have never heard of a chapter 20 bankruptcy.
Chapter 13 bankruptcy can provide an alternative to demands by a mortgage lender for the lump-sum payment of arrears. Almost 5 years after the start of the credit crisis that spawned the “great recession,” housing continues to be one of the biggest problems faced by the American consumer.
This book is for people who have been injured in an automobile crash. If you or someone you love has been injured, please tell them about printing this book. Car wrecks occur as a result of someone’s bad driving choices. This book can help you protect your rights. You did not ask for this to happen to you, and now your busy life has grown even more complicated.
Drivers are expected to drive at a speed that is safe for the road and weather conditions. Excessive speeding increases the chances of a vehicular accident and death. Although there are posted speed limits all throughout the country, drivers are required to drive at a speed that is safe for the current road and weather conditions. This means that at times it will be safer to drive below the posted speed limit, especially when there are hazardous conditions on the road.
There is little debate that trucking accidents cause devastating injuries. The injuries suffered may be life altering and even deadly. One of the worst injuries suffered from a truck crash is a traumatic brain injury, also called a TBI.
The top 10 essential elements of a commercial lease... Most people are pretty familiar with the concept of leasing; most people experience leases when they rent an apartment or a car. Commercial leases are almost no different; they just involve space for a business. Commercial leases in Western North Carolina are frequently used to rent an office of warehouse.
The advantages of starting a company and being your own boss... You have a unique idea, you have a fresh product, you have a desirable service, why NOT start your own business? Entrepreneurship is an exciting venture, and can quite literally change a person’s life. There are so many great advantages to taking on such a project. To start a business you need motivation, talent and desire.
When the government wants to take your land it may be because of blight. When the government wants to take your property under Eminent Domain Laws, they can do so as long as the property they take is used for public purpose; roads, highways, etc. Or, they can take it to eliminate blight and economic development simply becomes a secondary outcome.
Starting a business is an exciting time, but there are important decisions to be made about the structure of your business. Here is a list of business entities and their differences. Once you decide to incorporate, one of the first things you will have to determine is the type of entity for your business structure.
What are depositions and how do they work with personal injury claims? At its core a Deposition is simply recorded testimony, a way to gather information. Depositions typically happen outside the courtroom but act in the same way as if they were conducted in a courtroom. As in court, the person (sometimes called the defendant) is under oath, the attorneys are present, and any information obtained may be admissible in court during trial.
There are many ways to escape debt and not all of these include the fate of declaring oneself bankrupt. In fact, many alternatives to bankruptcy exist that may be just as effective in putting an end to the overwhelming financial problems from which you are currently struggling.
This Article addresses various appeals in the North Carolina court system. It includes appeals of criminal and civil matters, discusses the jurisdiction of the North Carolina Court of Appeals and the North Carolina Supreme Court, and addresses preserving errors for appeal and compliance with the rules of appellate procedure.
This Article examines the procedure in the handling of an insurance claim referred to as an "Examination Under Oath." It addresses the Insurer's right to conduct this process, the Insured's duty to cooperate, the effect of the failure of the Insured to submit to the Examination, and the general nature of an Examination Under Oath in North Carolina.
This article discusses the litigation process in the State of North Carolina. It briefly addresses the pleadings, the discovery process, mediation, trial, and appeals. It also addresses the rules of evidence and the rules of civil procedure applicable to cases in North Carolina.