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Who Makes Medical Decisions When Parents Have 50-50 Joint Custody?

For parents with joint legal custody of children, there are a lot of parenting decisions that need to be made. Co-parenting can be tough, even in amicable divorces. When parents are not on the same page but share 50-50 custody, medical decisions can be a big source of conflict.

As a general rule, if decisions about the child’s medical care are not covered in the child custody order or parenting agreement, then parents should discuss the options and come to an agreement together. This is sometimes easier said than done.

If you and your ex-spouse cannot come to an agreement, there are different routes you can take to legally make a decision. It may be wise to talk to an experienced child custody lawyer so that you understand all the options fully, or if you are concerned your child is in danger.

In the event of an emergency, when the child is physically in your care, you have the right to make medical decisions that are in the child’s best interests. You need to let the other parent know as soon as possible.

Legal Custody Vs. Physical Custody

There are two different types of child custody in cases involving separated parents: legal and physical custody.

Physical custody refers to a parent’s right to care for a child who is physically present. For example, a child may spend weekends with one parent per the physical custody arrangement. This can be shared custody or a primary/secondary arrangement.

Legal custody refers to a parent’s right to make major decisions about the child’s welfare. This means making decisions about education, health care, and other activities that are in the child’s best interests.

In general, North Carolina courts prefer to award final decision-making authority for legal custody to one parent in order to reduce conflicts that could be detrimental to the child. However, joint legal custody is still recognized as an option for parents when determining a custody arrangement.

Unless one parent has sole legal custody, co-parents are usually required to at least attempt to agree on major decisions. If a joint decision cannot be reached, the judge may say that one parent makes all major decisions, or that one parent may make the decisions about things like education, and the other parent make the decisions about medical care. Joint legal custody can look different based on what the judge believes is best for the child based on the family’s circumstances.

RELATED: What’s the Difference Between Joint Custody and Shared Custody?

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When Parents Cannot Agree on Medical Decisions

Two parents sitting facing away from each other

Some parents use custody of the child as a bargaining chip, and therefore do not make good decisions when medical issues come up. These cases can be very difficult for joint custody arrangements, because high conflict situations do not often lead to easy solutions.

For example: particularly post-pandemic, vaccine hesitancy is on the rise, which means an increase in cases of disagreement about child vaccinations. If you don’t see eye to eye and neither one of you is willing to budge, who decides what to do?

How to Resolve the Dispute Outside of the Court System

If you don’t have sole custody, and your child custody agreement doesn’t outline how decisions should be made, then you and the other parent need to decide how to handle medical decisions. For parents with joint custody, here are the different ways you can decide medical procedures and medical treatment:

  • Choose one parent to have final decision-making on all medical decisions.
  • Choose one parent to make the decisions for certain categories, and the other parent makes the decisions in the other categories.
  • Submit the issue to mediation. This means using a third party, objective mediator who works to get the parents to come to an agreement. The mediator cannot make any decisions, but must instead rely on an agreement being reached.
  • Submit the issue to arbitration. Arbitration is different from mediation in that the arbitrator makes the decision after both sides present evidence in an informal court-like setting. This option avoids taking the matter to court.

Mediation and arbitration can take weeks or possibly even months, but is still usually quicker than getting into court.

If you wish to avoid the court system, but cannot wait to come to a decision, it may help to have both parents sit down with the doctor to explain the medical treatment. A medical professional can explain the benefits, risks, and alternatives without introducing bias based on bitterness between ex-spouses. They can give you their professional opinion on the best option for the child’s life.

When A Court Order is Needed

There are times where you cannot avoid court. Perhaps your ex-spouse has gotten involved in conspiracy theories, or maybe some personal trauma has led them to start avoiding the medical system altogether. When you can no longer agree, or you are concerned that your child’s care is no longer safe with your co-parent, you can request the court modify your custodial arrangements.

If there has been a significant change in circumstances, or the child is in danger, these are both reasons the court may consider changing a legal custody order. A licensed attorney with experience in shared legal custody can help evaluate when the court will update your child custody case.

The court may grant sole legal custody for one parent if they feel that the other parent cannot be trusted to make appropriate decisions. Sole custody can be granted specifically for medical decisions if one co-parent is generally trustworthy in other categories.

RELATED: 5 Reasons a Judge Will Change a Child Custody Order

Contact Myers Law Firm for Help With Shared Child Custody Medical Decisions

If the parties cannot agree on a major medical decision and there is a not a method in the custody arrangement to resolve the dispute, it can create a tinderbox situation. Families endure anger, stress, fear, and more. At Myers Law Firm, we understand how difficult this experience can be, and how you can feel concerned for your child and helpless to get them the care you believe is right. We want to help you put your child’s health first, whether that means keeping your original custody order or requesting a new one.

Since every custody case is different, it’s impossible to say what may be your best option without knowing the relevant factors in your situation. That’s why we offer a free consultation to discuss the specifics of your case. Please call 1-888-376-ATTY (2889) or complete our online contact form to get started today.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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Is North Carolina a No-Fault State for Auto Accidents?

No. North Carolina is not considered a “no-fault” state when it comes to car accidents. North Carolina is an at-fault state, which means that the insurance company of the at-fault driver bears the primary responsibility for paying for your medical costs, lost wages, and other damages.

But that’s only part of the story. North Carolina is one of just a few states that has an especially strict rule about liability called contributory negligence, meaning you could lose your right to compensation if you were even slightly responsible for your accident. Further, just because North Carolina isn’t a no-fault state doesn’t mean you can’t buy no-fault auto insurance.

Confused? Let’s take a closer look at the law. Keep reading to learn more about North Carolina law and how it may affect your auto accident case.

What Is the Difference Between a No-Fault and an At-Fault State?

Two drivers at the scene of a car accident

Although every state has unique laws governing auto accident insurance rules, they can all be broadly categorized as at-fault states or no-fault states. The main difference is who bears the primary responsibility for paying damages to an injured person after an auto accident.

  • In an at-fault state like North Carolina, the negligent driver who causes a car crash must pay for damages to both people and property. Under these systems, if you weren’t at fault, you should be eligible for compensation from the at-fault driver’s car insurance policy.
  • In a no-fault state, both drivers file claims for compensation with their own insurance company after a collision, regardless of who was at fault for the wreck.

Keep in mind, though, that even in an at-fault state, you probably still have no-fault insurance through your own insurance provider, also known as medical payments (med pay) coverage. In an at-fault state, your med pay benefits can help quickly pay for medical expenses while your car accident claim is pending. They can also provide much-needed support if you caused the accident.

Likewise, even in a no-fault state, no-fault benefits only cover medical care and wage losses, and usually only up to a certain cap. So, if your total damages exceed the no-fault cap, or you suffered non-economic injuries like pain and suffering, you’d still need to file a claim against the at-fault driver to receive the full compensation you deserve.

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North Carolina Fault Laws for Auto Accidents

Cars driving on a busy highway

North Carolina requires that every driver carry auto insurance coverage for any vehicles they use on the road. The minimum liability coverage requirements in our state are:

  • $30,000 of bodily injury coverage for each person in a crash
  • $60,000 of total bodily injury for all persons in a crash
  • $25,000 for property damage

This means that if you cause an accident, your insurance company will pay for the damages you caused to the injured driver up to at least these amounts (or higher, if you purchased more than the minimum coverage).

While we are an at-fault state, North Carolina also applies a rule for personal injury claims known as contributory negligence. This rule says that any driver involved in an accident who contributed to the crash (even in the slightest way) cannot get compensation for their injuries by filing a personal injury claim.

Contributory Negligence Explained

Let’s suppose you’re driving over the speed limit and another driver pulls out in front of you, causing a car accident. The insurance company and their attorneys may try to claim that your speeding contributed to the accident, even if the contribution was tiny. If they succeed, you’ll lose your right to compensation. However, the insurance company has the burden of proof on this issue, and they need to have a legitimate claim that your fault was a cause of the crash.

Only three other states and the District of Columbia use this system, which is very unfair to injured victims. When you file a personal injury claim in a state that applies contributory negligence laws, you may have two burdens of proof on you.

First, you need to prove that the person who hurt you was negligent. If the insurance company claims you were contributorily negligent, they only need to prove you were 1% at fault. Second, you need to prove that the other driver had the “last clear chance” to avoid the crash. This can get complicated. So, having a skilled and experienced personal injury attorney on your side in North Carolina is extremely important if you want to receive compensation.

RELATED POST: Why Contributory Negligence Matters for Your North Carolina Personal Injury Claim

Proving Fault After a North Carolina Auto Accident

A driver taking a photo of damage at the scene of an accident

Contributory negligence can make life very difficult for injured victims. However, injured victims can still receive compensation— they just have to prove they were not at fault or that the negligent driver who injured them had the last chance to avoid the collision. If they succeed, the insurance carrier for the reckless driver must pay the damages that resulted from the crash, including medical bills, lost wages, pain and suffering, and property damage.

So, how can you and your car accident lawyer go about proving your case? Here are the steps in that process.

  • Gather documents: Your attorney will collect all documentation related to your claim, including the police report, photos of the damages to the cars, as well as all medical records and bills. These documents can help prove the extent and costs of your injuries.
  • Collect testimony from fact witnesses and expert witnesses: A fact witness is a person who saw the crash. While expert witnesses may not have seen the crash, they can draw from their own expertise as well as tools like crash reconstruction software and medical tests to talk about the wreck or your injuries.
  • Present visual evidence: Your attorney will gather, organize, and present all photographs from the scene as well as video footage from local businesses and traffic light cameras. Your lawyer may also provide pictures of your injuries. These images can serve as important evidence and help the jury understand what you’ve been through.

No matter how you choose to proceed, remember that contributory negligence could be a critical factor that determines whether you receive compensation for your injuries. Your goal should be to present as much objective evidence as possible during your insurance claim and any litigation that follows. Usually, the best way to gather the critical evidence you need is to contact an experienced personal injury lawyer as soon as possible after the crash.

What Should I Do After a Car Accident in North Carolina?

After a car crash, the first thing you should do is make sure everyone is safe, call the relevant authorities, and exchange contact information. From there, you should try to collect any evidence from the scene that you can, such as photos and witness statements. (If you’re injured, this may not be possible, so you’ll need an attorney to help.)

Finally, you’ll want to contact a skilled car accident attorney who can help explain North Carolina’s fault laws for auto accidents and how they could affect your personal injury claim.

Contact Myers Law Firm if You’ve Been Injured in Charlotte, North Carolina

At Myers Law Firm, our experienced personal injury attorneys understand that stress, anger, and confusion often accompany a senseless injury. If you or a loved one has been injured due to someone else’s negligence, we’re here to help. When you choose us to represent you, we’ll act as your advocate and use our legal experience and resources to fight relentlessly on your behalf until your case reaches a resolution.

Call our offices today at 888-376-2889 or fill out the contact form on our website to schedule your free consultation with us. We will use this time to get to know you, learn about your case, and inform you about your legal options so you can go forward with confidence.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Contact Myers Law Firm

We are committed to continuing to serve our clients’ legal needs

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We are able to meet with clients and hold consultations with prospective clients via telephone or video conference. If you need to contact us, please do not hesitate; we are happy to speak with you about your situation, your needs, and how we can help.

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Separation Agreements in North Carolina

Statistically, around half of marriages ultimately end in legal separation and, ultimately, divorce. While some separations are amicable and others are less so, they are rarely quick or simple affairs even in the best of circumstances.

When a couple decides to separate, there are many questions that must be answered. How should the marital property be divided? How will child custody be determined? What amount of child support or spousal support is appropriate?

Often, one of the most amicable and affordable ways to settle these and other important questions is via a separation agreement signed by both parties. When successful, a separation agreement can save families the pain, expense, and frustration of a court battle and give couples a better chance of maintaining amicable personal relationships after separation.

In this post, we will discuss the difference between separation and divorce in North Carolina, what a separation agreement is, how they work, and when couples should consider one.

What Is a Separation Agreement?

Close-up of hands signing a document with a wedding ring on the table

A separation agreement is a private contract between married individuals who intend to separate or are separated from one another.

Over the course of a marriage, couples naturally share and mix property, assets, and income. They make mutual decisions about where to live, what to buy, and how to raise any children they share. The separation agreement can temporarily or permanently resolve most or all the issues that would come up in a divorce, including:

  • Division of real property (land, the marital residence, other buildings)
  • Division of tangible personal property (like cars, jewelry, and other physical items)
  • Division of intangible personal property (like bank accounts, insurance policies, intellectual property or patents)
  • Who is responsible to pay certain debts
  • How custody of children shall be divided
  • Whether one spouse owes spousal support or child support to the other, and how much they should pay

Once signed, separation agreements are legally binding on both parties. Under North Carolina law, a separation agreement must be in writing, and signed and notarized by both parties.

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Who Can Enter a Separation Agreement?

Separation agreements can only be undertaken by couples who have already separated, or who will separate immediately after the agreement is signed. The terms must be agreed to willingly by both parties, not under duress or coercion, and with full knowledge of the relevant facts.

Under North Carolina law, a couple is considered separated if, and only if, both of the following are true:

  • The spouses are living in separate residences
  • At least one of the two spouses intends for the separation to be permanent

Under North Carolina law, there is no paperwork that needs to be signed to make a separation official. Once one spouse moves out with no desire to return, the couple is considered separated.

If you are still living with your spouse and continue to do so after a separation agreement is signed, you will not be considered separated, and your separation agreement may be considered void by North Carolina courts.

What Is the Difference Between Separation and Divorce?

A couple sitting on a couch while facing opposite directions

Couples are considered separated if they meet the definition we discussed above: they are living separately, and at least one spouse intends the separation to be permanent. Once the couple has been continuously separated for at least one year, they can permanently dissolve the marriage by filing for absolute divorce.

It’s important to understand that a separation agreement does not make a couple legally separated in North Carolina, and one is not needed for a couple to be considered separated or divorced. Unlike many other states, North Carolina does not have an official process or legal status for legally separated couples. Under North Carolina law, there is no legal distinction between couples that are separated but not yet divorced versus those who are still together.

However, that does not mean couples need to wait until divorce to begin resolving questions about property division, child custody, and other important matters. The separation agreement is not affected by the divorce and remains in full force and effect once the divorce is granted. For many couples, a separation agreement is the quickest, fairest, most private and least contentious way to proceed.

RELATED POST: What’s the Difference Between Separation and Divorce in North Carolina? – Myers Law Firm

What Are the Main Advantages of Signing a Separation Agreement?

There are many advantages to a separation agreement instead of going to court. Here are a few of the most notable:

  • Cost. Pursuing claims for custody, support, and property division can be extremely costly affairs, both in the money that is spent on lawyers, but also the length of time involved and the emotional toll it takes on the parties. A separation agreement can be a much cheaper and more efficient way to resolve issues.
  • Lower stress. Even when the split is relatively amicable, court proceedings are intensely painful and frustrating. The more that a separating couple can mutually work out their disagreements outside of court, the better the long-term outcome.
  • Privacy. Because a separation agreement is a private contract between two parties, the terms of the contract are not matters of public record.
  • Protection for both sides (even if there are no current disagreements). When couples separate, they might make verbal promises to one another about their mutual obligations regarding property division, who is responsible for certain debts, and other matters. If the split is amicable, you might initially trust the other party to hold up their end of the deal. But without a formal, binding contract, there’s nothing holding them to their verbal promises if new issues arise or circumstances change. A legally valid separation agreement keeps both parties accountable and protects their rights.
  • Allows for a clean separation before, or even without, a formal divorce. Although most couples who separate do eventually choose to get divorced, some choose to remain legally married (albeit separated) indefinitely. This might be for tax purposes, or so a dependent spouse can keep insurance benefits, or religious beliefs, or just to make it easier to resume the marriage if the couple eventually reconciles. In this case, a separation agreement can be an ideal tool to settle property and custody disputes and build separate lives while retaining certain advantages of still being married.
  • Can later be incorporated into a divorce decree. If you later decide to divorce, the separation agreement may be incorporated into the divorce decree. This comes with advantages and disadvantages. Your separation agreement can specify whether incorporation is mandatory or can be decided at the time of divorce. You should speak with an attorney about whether you want to take this step.

Can a Separation Agreement Be Modified or Terminated?

There are two ways that a separation agreement can be modified:

  • By mutual consent. A separation agreement is legally binding for both spouses, but if the terms of the agreement are no longer satisfactory to both sides, it can be amended or replaced with a new separation agreement. In either case, the new terms would have to be spelled out in writing, signed, and notarized—verbal agreements are not sufficient.
  • By court order. In general, the court cannot modify any terms of a separation agreement that pertain only to adults, except in rare circumstances. However, by law, the court still has ultimate authority over child-related matters, including child custody and child support. If you and your spouse have children together, and your separation agreement includes terms related to child custody or support, they could later be changed by court order if the court believes they are not in the best interests of the child.

Furthermore, a court could potentially overturn a separation agreement if you can show that it was signed under undue influence, coercion, or fraud. However, this is very rare and usually difficult to prove.

Can One Attorney Represent Both Spouses When Drafting a Separation Agreement?

No. This is a conflict of interest. Although our goal is to provide a resolution that is fair to all parties involved, both spouses should retain their own independent counsel to ensure they are receiving impartial legal advice from someone who has their best interests at heart—even if the separation is amicable.

What Happens if My Spouse Refuses to Comply With the Separation Agreement?

If your spouse violates the terms of your separation agreement, you can sue them for breach of contract—as you would for a breach of any other kind of private contract between individuals.

Remedies available for breach of contract include the award of monetary damages, or injunction and specific performance (in other words, the court orders the other spouse to fulfil their contractual obligations).

Note that the above applies only to an unincorporated separation agreement. If the separation agreement is incorporated into a divorce judgment, it can be enforced through contempt of court in a similar manner to a consent order (see below for more info).

What Is the Difference Between a Separation Agreement and a Consent Order (and Which Should I Choose)?

A woman looking thoughtfully out of the window

One common alternative (or companion) to a separation agreement is a consent order.

Like a separation agreement, a consent order can be used to resolve the relevant questions relating to divorce, including property division, custody, and how much alimony and/or child support should be paid. However, rather than being a private contract, a consent order is presented to a judge to review, approve, and sign.

This means the consent order is a matter of public record, but it also provides a stricter method of enforcement for a spouse who violates the terms. A spouse who violates a consent order may be held in contempt of court and potentially face fines, wage garnishment, property seizure, or even jail time. Further, a consent order can potentially be modified without mutual consent if one party files a motion for modification and the court approves it.

You do not need to choose one or the other. In fact, many separating couples choose to file a separation agreement to handle property matters and alimony between themselves, and a consent order for matters of custody and child support.

RELATED POST: Understand the Difference Between a Separation Agreement and a Consent Order – Myers Law Firm

What Happens if I Get Back Together With My Spouse After Signing a Separation Agreement (but Before Divorce)?

If a couple wishes to reconcile and moves back in together with the intention of resuming the marriage, the separation agreement will become null and void. This will affect future provisions (for example, a supporting spouse will no longer be required to pay alimony) but not those which have already occurred (such as no reimbursements for alimony previously paid).

Do note that, if the reconciliation is only temporary and the couple later separates again, they would need a new separation agreement—and the one-year waiting period for getting a divorce would reset to the new date of separation. Any calculations of equitable division of property or alimony payments would also be reset to this new date of separation.

What Happens to the Separation Agreement After a Divorce Is Finalized?

Two people sitting across from each other with a document between them and wedding rings on the table

This depends on how the agreement was set up, and whether it is incorporated into the divorce decree or not.

If the separation agreement becomes incorporated into the divorce, the provisions move under the court’s jurisdiction and can be enforced or modified by court order, like a consent order (as described above).

If the separation agreement is not incorporated into the divorce decree, it remains in force even after the divorce is finalized. This would mean that terms relating only to adults, such as alimony or property division, can still only be modified under normal circumstances by mutual consent.

Need Help With a North Carolina Separation Agreement? Talk With an Experienced Attorney

While separation agreements are usually a less costly and stressful way for couples to separate, they are still important legal contracts with serious implications—and potentially serious consequences if you later violate the terms or realize that the terms were unfair to begin with.

If you’re struggling with a recent separation in Charlotte or anywhere in Mecklenburg County, the attorneys at Myers Law Firm can help you sort through your options, protect your legal rights, and ensure the process goes as smoothly as possible under the circumstances.

Schedule your initial consultation by filling out our quick online contact form or calling our Charlotte office toll-free at 1-888-376-ATTY (2889).

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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We are able to meet with clients and hold consultations with prospective clients via telephone or video conference. If you need to contact us, please do not hesitate; we are happy to speak with you about your situation, your needs, and how we can help.

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Can I Pay or Receive a Lump Sum Alimony in North Carolina?

Alimony payments are a frequent source of stress, frustration, and friction for many separated couples. While monthly payments are supposed to provide a stable source of income for the dependent spouse, they also often breed resentment—and if the supporting spouse gets behind on payments, you may need to get the court involved.

But while monthly alimony payments are by far the most common arrangement, they aren’t the only spousal support option for separated couples in North Carolina. In some cases, a lump sum payment might be a better alternative for both spouses.

To be clear, lump sum alimony is very rarely awarded by a judge, and it may not even be realistically possible for you. Such an arrangement usually requires a specific combination of circumstances to achieve. It is more likely to occur as part of a settlement agreement between the spouses. However, if these circumstances do apply to your situation, a lump sum alimony payment may be worth considering.

What Is a Lump Sum Alimony Payment?

Hands opening a wallet containing money

In most spousal support arrangements, the court sets a monthly amount that the paying spouse must pay their ex-spouse.  In North Carolina, this is known as either rehabilitative alimony (if the payments are set to expire after a fixed term) or permanent periodic alimony (if monthly installments are set to continue until either spouse dies or the receiving spouse remarries).

In a lump sum alimony arrangement—sometimes known as an alimony buyout—the supporting spouse’s entire alimony obligation is set at a total fixed amount to be paid, rather than a regularly recurring monthly payment.

In many cases, the entire obligation is paid out in one lump sum payment. However, lump sum alimony can also be paid in multiple installments, according to the timeline established in the agreement or court order. The key difference is that the total amount of the lump sum amount is fixed and cannot easily be changed or terminated, even if the spouse receiving alimony remarries or the spouse paying alimony dies.

Additionally, some or all the lump sum alimony obligation could be met by transferring real property owned by the paying spouse to the receiving spouse, in lieu of cash payments.

RELATED: How Long Do You Have to Pay Alimony in North Carolina?

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What Are the Advantages and Disadvantages of Lump Sum Alimony for the Dependent Spouse?

A person writing a check

From the perspective of the spouse receiving spousal support, a lump sum payout is often the ideal option (in the rare circumstances in which it is realistically available). This is true for many reasons, including:

  • Time value of money. A dollar you receive today is almost always more valuable than a dollar you might receive in the future. That’s not only because of inflation, but also because money you have now can be invested (or used to pay off debts) and used to gain additional earnings or reduce interest payments on a loan.
  • Cannot be changed. A lump sum payout is fixed regardless of whether you get remarried, get a higher paying job, or if your ex-spouse unexpectedly dies or falls on hard times while you would still otherwise be receiving monthly payments.
  • Certainty, simplicity, and closure. With monthly alimony installments, there’s always a risk that the payments will be late (or your ex-spouse will simply stop paying), or that your ex-spouse will request to change the monthly amount. This could lead to money troubles, time-consuming court actions, and more. But with a single or a few lump sum payments, both parties can quickly end any formal relationship and move on.

Keep in mind, though, that there are some potential dangers and downsides to lump sum alimony. Receiving a large, one-time payment might disqualify you from certain government assistance programs you might otherwise be eligible for.

You also need to be honest with yourself about whether you have the financial skills and discipline to handle a large transfer of cash or property responsibly. Alimony payments—whether periodic or lump sum—are meant in part to enable the economically disadvantaged spouse to maintain their marital standard of living. You don’t want to spend lavishly and quickly burn through a one-time spousal support payment.

If you feel that you would be tempted to overspend your lump sum alimony payout, a monthly alimony payment may be the safer and wiser choice.

What Are the Advantages and Disadvantages of Lump Sum Alimony for the Supporting Spouse?

A woman getting out of a car while on the phone

From the perspective of the person paying alimony, the benefits of a lump sum buyout are perhaps less attractive. A lot depends, however, on the supporting spouse’s financial means, as well as what they personally value.

Many of the same reasons that lump sum alimony is advantageous for the receiving spouse are obvious downsides for the paying spouse. If you pay it all up front rather than gradually over time, you pay the higher “present value” for that money and can’t invest it. You also can’t get your lump sum “refunded” if your former spouse remarries, gets a high paying job, or their circumstances change in other ways that would likely lower or even eliminate a monthly alimony payment. So, in the end, it’s very likely that a lump sum payment will cost you more.

There’s also the obvious fact that paying the equivalent of multiple years of alimony in just one or a few payments is extremely expensive and only an option for very wealthy individuals.

The main advantage, however, is simply being able to quickly and permanently sever ties with your former spouse and not have to worry about regular communication, monthly payments, or the risk of having to go back to court or be ordered to make higher alimony payments in the future. Additionally, a lump sum payment can be used as part of negotiations to make a lower lump sum payment when compared to the total amount that might be paid out over a multi-year term of alimony.

Separation is stressful, even in the best of circumstances, and divorces that start amicably often get messy when hashing out the divorce settlement agreement. For many people, the chance to make a clean break and move on with no lasting obligations is worth the likely extra cost.

RELATED: Who Gets Alimony in North Carolina and Why?

Is Lump Sum Alimony Even an Option for Me?

A man and a woman shaking hands

Lump sum alimony is rare for many reasons. It’s not going to be an option in most situations.

The most straightforward way to get alimony as a lump sum is for both spouses to come to an agreement and memorialize the terms in a separation agreement. But this is much easier said than done. Even if the supporting spouse has the financial means to pay alimony in a lump sum, they may have no interest in doing so, or can’t agree on the amount.

A court might also order the supporting spouse to pay spousal support as lump sum if they have the means to do so, especially if the court feels that the spouse is likely to defy court orders or be unwilling (or even unable) to pay monthly installments in a timely fashion.

You can see why, for most separating couples, rehabilitative or permanent periodic alimony arrangements are often the only realistic solution. But if you feel lump sum alimony makes sense for your specific circumstances, it is worth discussing the matter further with a family law attorney, as well as a financial planner.

Myers Law Firm: Client-Focused Alimony Attorneys in Charlotte, NC

Alimony calculations are often extremely complex. Every separation is different, and under North Carolina law there are 16 separate factors that a judge must evaluate when determining the amount and duration of the payments.

If you have any questions about your alimony claim, or you believe that the current court order is unfair and should be changed, don’t wait any longer to speak to an experienced alimony attorney.

We understand how difficult and confusing the spousal support process can be, whether you’re the one making payments or the one receiving them. We are here to help you understand your options, be your strong ally and advocate as you navigate this challenging season of life, and help you arrive at a result that’s truly fair for all involved.

To schedule your initial consultation, please call our Charlotte office toll-free at 1-888-376-ATTY (2889) or fill out and submit our online contact form. We will follow up and get in touch with you as soon as possible.

References

N.C. General Statutes § 50-16.7 (2015)

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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I Was a Passenger in a Car Accident – What Are My Rights in North Carolina?

In 2021, North Carolina’s roads and highways saw more than a quarter of a million car accidents. Speeding, distracted driving, and drunk driving all contribute heavily to these high rates of crashes.

With those kinds of numbers, every time you climb into a car represents a potential risk of injury. If you’ve suffered an injury in a car crash, then you have the right to file a claim and potentially recover compensation for your medical expenses and other damages – and that’s true for vehicle passengers just as much as for drivers.

Who Is at Fault When I’m Injured in a Car Crash as a Passenger?

Different states handle car crash liability in different ways. North Carolina applies a rule called contributory negligence. This rule says that if an injured car crash victim played any role in causing the crash – even if they were only 1 percent at fault and the other person was 99 percent at fault – then in most situations, the victim can’t recover financial compensation from a personal injury claim.

If this rule sounds harsh, it is. North Carolina’s contributory negligence rule makes personal injury cases in our state more challenging to handle and win.

However, when you’re a passenger in a car and you suffer injuries in a crash, it’s much harder (but not impossible) for the insurance company to show that you were partially at fault for the collision.

Examples where a passenger might be partially at fault for a crash include:

  • They knowingly got into a vehicle with someone who was either impaired by alcohol or drugs or was otherwise not in a condition to drive safely
  • They impeded the drive’s ability to safely operate the vehicle (for example, by grabbing the wheel or distracting the driver)

Passengers who are not at fault in a motor vehicle accident, regardless of which driver is responsible — or even if both drivers were partially at fault — have the right in North Carolina to seek compensation for injuries suffered in a car accident.

RELATED: What Are the Worst Car Crash Injuries That Might Need Legal Help?

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Critical Steps to Take as a Passenger after a Car Accident

A woman standing by a desk and having back pain from being a passenger in a crash

In the immediate aftermath of a crash and the days that follow, you can strengthen your legal case by following a few tips.

  1. Call the police before leaving the scene if you are able. After a car accident, you need to make sure to call the police and have them investigate the wreck. You need documentation of what occurred and to get the insurance information for each of the cars involved. After the wreck, get a copy of the police report. This official document can serve as a valuable resource when determining who is at fault for your injuries. If you’re not sure how to get a police report, your attorney can help.
  2. Seek medical attention right away if you have any sign of injury. You should always get medical care after a car crash if you have any sign of injury—even if you think you’re not severely injured and don’t need to go to a hospital. Sometimes adrenaline after a crash can mask pain and serious injuries. Visit an emergency room, urgent care, or your primary care doctor as soon as possible. Keep track of how you feel and immediately communicate any pain or new symptoms you experience in the days following the accident. If a healthcare provider recommends follow-up treatment or refers you to a specialist, then follow all instructions, keep all appointments, and continue to communicate any changes in your health.
  3. Don’t talk to anyone from the insurance company without consulting an attorney. An adjuster or examiner from the insurance company is not your friend and isn’t there to help, no matter what they say. They will use anything you tell them to hurt your case in any way they can. Remember that the insurance company only has one goal: to pay you as little money as possible.
  4. Do not admit fault to anyone. Even if you think your actions somehow contributed to the crash, don’t ever say that you somehow played a role in causing the collision. Car crash cases are complex, and there may have been factors you could never know about that contributed to or even completely caused the accident. Maybe you think you somehow distracted the driver of your vehicle – but a forensic investigation could show that the other driver caused the crash, and your vehicle had no chance to avoid it. Let your attorney investigate the case and figure out who is at fault.
  5. Take notes about everything you see and hear. Sometimes it’s harder to recall details after the fact. As soon as you can, jot down all the specifics about who was involved in the collision, where and when it happened, who did what leading up to the crash, who else may have witnessed the accident, and who said what about the event. Details about the crash scene, weather conditions, and anything else you can remember may help as well. Any information you can recall is worth sharing with your lawyer (not with the insurance company!).

RELATED: Compensation Explained: What Can I Receive From My Injury Case?

How Does Insurance Coverage Work for Injured Passengers in North Carolina?

A person with an arm injury writing notes after being injured as a passenger in an accident

There are three types of primary insurance coverage that tend to come into play when you file a personal injury claim in North Carolina:

  • North Carolina law says that all drivers must carry bodily injury coverage with minimum policy limits of $30,000 per person and $60,000 per vehicle. Some drivers may carry coverage with higher policy limits.
  • In addition, all auto insurance policies in North Carolina must include uninsured motorist coverage (UM), which kicks in when you get injured by a driver who fails to carry car insurance.
  • Drivers can also buy additional insurance known as underinsured motorist coverage (UIM), which helps bridge the gap when the at-fault driver’s insurance isn’t sufficient to cover damages.

When a person is driving a car in North Carolina, that person’s UM/UIM insurance covers not only them but also their passengers as well. And in addition to the driver’s coverage, your own UM/UIM insurance coverage can also “stack” with the driver’s coverage and cover you as a passenger (but only after the driver’s UM/UIM coverage has already paid out for the crash up to the policy limits).

So, to sum up, when you’re injured as a passenger in a crash, you may be able to file insurance claims based on:

  • The at-fault driver’s liability coverage
  • UM or UIM coverage held by the driver of the vehicle you were riding in
  • Your own UM or UIM coverage

RELATED: Do I Have to Pay My Own Medical Bills After a Car Crash?

What if a Friend or Family Member Was Driving the Car? Do I Have to File a Lawsuit Against Them?

A woman making a phone call to a personal injury attorney after being injured in a car accident

Sometimes, injured passengers hesitate to file claims because a friend or family member was driving the car. If you’re worried about causing trouble for someone you care about by filing a claim, here are a few things to keep in mind:

  • A personal injury claim is a civil claim for monetary compensation only. When you file a personal injury claim, there’s no risk of your friend or family member being charged with a crime, getting arrested or imprisoned, receiving a criminal record, being sentenced to community service or probation, or paying fines. Those are all potential outcomes in a criminal proceeding, which is completely separate from a personal injury claim.
  • Your family member or friend might not be at fault. As we mentioned earlier, car accidents are complex, and figuring out who is at fault takes experience and detailed investigation. Even if you think your friend or family member caused the crash in some way, it could turn out that the other driver was entirely responsible.
  • The insurance company, not the at-fault individual, generally pays damages from a personal injury claim. If the at-fault person had auto insurance, then the insurance company is responsible for paying any damages up to the policy limits. And as described in the previous section on insurance, relevant UM/UIM coverage can also kick in and provide compensation up to policy limits. All of this compensation will come from the insurance company’s funds, not the pockets (or assets) of your friend or family member.

RELATED: 8 Things You Should Never Do After an Auto Accident

Injured as a Passenger in a North Carolina Car Accident? Call Myers Law Firm for Help

If you’ve been in an accident and are trying to determine whether to file a lawsuit, contact Myers Law Firm. We’ll provide a free consultation where we can learn about your case and help you determine your next steps.

Our team of personal injury lawyers has over 60 years of combined experience serving the injured in North Carolina, and we’re here to support you. We know the process from beginning to end, and we fight tirelessly for victims.

Call us at 888-376-2889 or use our contact form to schedule your free consultation.

References

North Carolina Division of Motor Vehicles. (2022). North Carolina 2021 Crash Facts. https://apastyle.apa.org/style-grammar-guidelines/references/examples/report-government-agency-references

 

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Contact Myers Law Firm

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Who Gets the House in a Divorce in North Carolina?

Deciding to separate and proceed with a divorce isn’t easy, but it’s only the first step in a sometimes-long process. When the emotional weight of splitting up with your spouse is still heavy in the air, maybe the last thing you want to do is think about what will happen to your family home.

An experienced divorce attorney can help you understand what options you have in moving forward. You’ll have to think hard about keeping the house, selling it, or contesting your spouse’s plans. It’s usually not an easy decision, but it can be even more difficult when there’s an emotional attachment to where you live.

There’s more than one possible answer, and the best one for you could require a greater understanding about the process.

Who Decides Who Gets the House in a Divorce?

Couples have the option of reaching an agreement when it comes to dividing assets. While this is the simplest and least costly option, sometimes the case has to proceed to court for a judge to make the final decision. At the conclusion of a trial, the judge will have to decide what they think is an equitable division of the property.

The judge will have to look carefully at all assets the couple owns before making any decisions on dividing property.

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What Does Property Division Look Like in Divorce?

Who Gets the House in a Divorce in North Carolina

The court has a lot of discretion when it comes to dividing assets. The process starts with the court categorizing assets into three categories:

  • Marital property
  • Separate property
  • Divisible property

Marital Property

Marital property is all the real and personal property acquired from the date of the marriage up to the date of the separation. Houses and mortgages often fall into the marital property classification if the couple purchased the home after getting married, even if the property is only listed in one person’s name.

Divisible Property

Divisible property is the change in value of marital property from the date of separation until the date of distribution of the property. House valuations, ongoing upkeep, and tenant payments could all affect this amount.

Separate Property

Separate property is real or personal property that a spouse owned before the marriage or that came to them as an inheritance or gift in their name alone during the marriage. If one party’s parents gave the couple the house as a gift, it likely doesn’t count as separate property.

Sometimes, a house can be converted from separate property to marital property during a marriage. If a couple modifies a deed to include both names, it could convert the property to marital property. If the non-named spouse helped with finances or upkeep of the house during the marriage, the spouse acquires a marital interest in the property.

Marital and divisible property can both be divided by the court, while separate property is just that – separate. If the house is considered separate property, it will remain with the appropriate owner. If the house counts as marital or divisible property, the court will handle the division with equitable distribution.

RELATED: 5 Common Questions About Property Division During a Divorce

North Carolina and Equitable Distribution

The division of property after separation in North Carolina follows equitable distribution. This term means that the law presumes that an equal division is equitable. However, there are grounds for a judge to make an unequal division and the division still be equitable. A judge will decide whether to allow for an unequal division by looking at several factors, including:

  • Incomes, debts, and separate property
  • Contributions to the household beyond finances
  • Help during the other spouse’s education and professional development

When it comes time to consider how the house will be divided, a judge could also take custody matters into consideration. The parent that receives primary physical custody could get to stay in the marital home to keep the children secure. This decision still leaves the question of covering the mortgage, paying property taxes, and compensating the other spouse for such a large asset.

Fault Affecting the House

Fault can affect alimony and spousal support if a spouse cheated or had an affair, but North Carolina doesn’t consider fault when considering equitable distribution. This means that the offending spouse can still get their fair share of the property, including the house.

Do You Have to Sell the House?

Who Gets the House in a Divorce in North Carolina

Selling the house and splitting the proceeds might be the simplest option, but it’s not the only one. There are ways to keep the house in the family, but it’s important to remember that some choices can come with complications, ranging from emotional effects to tax implications.

  • Balancing assets: One spouse can choose to keep the house while trading an equal value of other assets in exchange. When paying outright isn’t possible, a spouse can offer other assets with a high enough value to balance the scales.
  • Payments over time: If one spouse keeps the house but does not have enough other assets to make the division of property equal, that spouse can pay the other over time. These payments are called a distributive award.

Figuring out how these plans play out might only be the beginning of a complex solution. Property disagreements, a spouse passing, and bankruptcy could all have major impacts on what happens to a house.

How Can a Homeowner Find the Right Divorce Lawyer?

Who Gets the House in a Divorce in North Carolina

Experienced help can be vital for a spouse considering divorce, especially when an asset as big as a house is included in the discussion. Often the largest asset a person will own, the outcome of division can have a lasting impact on a person’s life.

But before you hire a divorce lawyer to help you with your case, it’s important to think about a few details:

  • Do my final expectations align with my attorney’s?
  • Do I agree with my attorney’s approach?
  • Does my attorney have experience in this area?

Answering these questions starts with research, but it’s important to get to know the law firm you’re working with before you sign a contract.

Why Might Myers Law Firm Be the Right Choice for Homeowners in Divorce?

Planning for the future of a house can be an enormous task to do alone, especially with the included challenge of the divorce process. Myers Law Firm has over 60 years of combined experience helping clients approach divorce and property division, and is ready to work with you to get your fair and equitable share.

Reach out by calling 1-888-376–2889 or complete our brief online contact form to schedule a free consultation. We’ll discuss your case and your options, so you can create a plan for handling your house through a divorce.

References

N.C. Gen. Stat. § 50-6

N.C. Gen. Stat. § 50-20

N.C. Gen. Stat. § 50-21

R., Branan. Land Title: Understanding Rights in Real and Personal Property. NC State Extension. Retrieved from URL https://farmlaw.ces.ncsu.edu/land-use-and-zoning/land-ownership-and-liability/land-title-understanding-rights-in-real-and-personal-property/

Separation and Divorce. North Carolina Judicial Branch. Retrieved from https://www.nccourts.gov/help-topics/divorce/separation-and-divorce

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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What Do My North Carolina Child Support Payments Cover?

Parents who pay child support in North Carolina often want to know, “What does my child support cover?” And, as a follow-up question, many wonder, “What should I do if I think the other parent isn’t using child support properly and my child’s essential needs aren’t being met?”

In this article, we’ll break down the basics of North Carolina child support and explain what is covered, what isn’t, and what you can do if you believe the other parent is misusing funds from child support.

The Basics of Child Support in North Carolina

When a marriage ends in North Carolina, or when unmarried people who have kids together break up, both parents have an equal responsibility to provide financial support for the child or children.

If you’re the custodial parent — the parent who gets most or all of the parenting time, also known as physical custody — the court will assume you’re paying child support “by default.” The day-to-day childcare expenses you pay while you have physical custody of the child, like food, clothing, housing costs, and other expenses, serve as your share of basic child support.

If you’re the noncustodial parent (which means your child lives with your ex most of the time), you probably don’t pay these day-to-day expenses, or you pay much less of them. So, the law says you need to make up the difference and pay your fair share to meet your child’s needs. To meet your financial support obligations, you’ll be required to make child support payments, usually through check, electronic payments, or wage-withholding.

A court will determine the exact child support obligations and the structure of the child support payments in your case. Usually, the noncustodial parent pays child support until the child turns 18 or graduates high school, whichever is later, but not beyond age 20.

Child support is a separate issue from alimony, which is also called spousal support. Child support is paid to support a child, while alimony is financial support paid to a former spouse. Money you pay as alimony won’t affect the amount of child support you owe.

RELATED: When and How Can I Modify Child Support in North Carolina?

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What is Covered by Child Support?

Child support payment amounts are based on the noncustodial parent’s income and parenting time. The payments are intended to cover essential needs such as:

  • Food
  • Clothing
  • Housing
  • Educational expenses, including school supplies, and fees for extracurricular activities
  • Miscellaneous additional expenses

In general, child support payments should go toward reasonable and essential living expenses that support your child’s standard of living. The theory behind child support is that the child should enjoy the same standard of living as if both parents were living together.

The amount of child support paid should include payments for health insurance for the children and work-related childcare expenses. When the court determines the amount of child support, it will calculate expenses based on the North Carolina Child Support Guidelines and factor in any payments that either parent is currently making. For example, if the parent who pays child support is paying for health insurance for the child, those health insurance payments will factor into the child support calculations.

To learn more about the North Carolina Child Support Guidelines and find out exactly how courts in our state set child support, read our previous article on the subject, “What You Need to Know About North Carolina Child Support.”

If I’m Paying Child Support, Do I Have to Pay for Other Things, Too?

Generally, the answer is yes. You have to pay for the child’s expenses during the time the child is with you. However, what exactly you have to pay for in addition to child support and expenses when the child is with you will be unique to your case.

If the amount of child support in your case is based on Worksheet A of the Child Support Guidelines, then the child support you pay is supposed to be all that you have to pay the other parent. If your custody arrangement places the child support on Worksheet B of the Guidelines, then both parties are expected to share expenses for the child in a “true sharing” arrangement. This sharing includes items that would go between houses or benefits the child while at both houses. Examples of these types of items include:

  • School lunch payments
  • Haircuts
  • Shoes that go back and forth
  • School expenses
  • Winter coats

Whether you are on Worksheet A or B, you and the other parent may agree between yourselves on payment for things like extracurricular activities or summer camps.

Also, if you resolved your case by agreement with the other parent, you may have included provisions for sharing expenses for the child. Usually, the parent who has to travel for visitation is responsible for the travel expenses. However, sometimes travel expenses may be included in the child support calculation as an extraordinary expense.

What Can I Do if My Ex Is Misusing Child Support?

The parent who pays child support rarely gets any say in how the other parent spends the money. However, if you have concerns that your ex is spending the money on drugs or alcohol, or if you believe they’re neglecting the needs of the child, there may be grounds to modify the custody arrangement and then recalculate your child support.

RELATED: When and How Can I Modify Child Support in North Carolina?

Contact Myers Law Firm for Help with Child Support in Charlotte, North Carolina

At Myers Law Firm, our family law attorneys are here to support you and fight for your rights during a divorce and any related legal matters, like child custody and child support. If the other parent owes child support and refuses to pay, we can help you hold them accountable without violating any existing court orders.

If you need help with a child support issue in Charlotte or anywhere in Mecklenburg County, schedule your initial consultation by filling out our quick online contact form or calling our Charlotte office toll-free at 1-888-376-ATTY (2889).

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Contact Myers Law Firm

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What Are Intentional Tort Cases?

When most people think of personal injury cases, they think of car accidents, motorcycle crashes, and other types of injuries caused by another person’s negligence. But if someone intentionally hurt you, the law says you deserve the same legal help and compensation as someone who was harmed by an accident.

If someone’s intentional actions hurt you physically, emotionally, or through other means, you have legal options. If you find yourself in this situation, you may be eligible to file an intentional tort claim.

What Is a Tort?

“Tort” is a legal term that means a wrongful action (or, sometimes, a failure to act) that causes harm to another person. However, not just any type of wrongful act amounts to a tort; the act must be a civil wrong under the law.

For example, being rude to someone is an act most people would consider wrong, but it’s not a tort because there’s no law against rudeness — which means you can’t file an insurance claim or lawsuit over it. However, punching someone in the face is a tort because there are laws against physical battery.

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Understanding Different Types of Intentional Tort Cases

Intentional tort cases happen when one person harms another on purpose. These cases are different than other types of personal injury cases, which mainly deal with how reckless or negligent actions caused a victim harm. In intentional tort cases, someone deliberately hurt you or a loved one.

Types of acts that may lead to intentional torts cases include:

  • Assault and battery
  • Wrongful imprisonment
  • Trespassing
  • False imprisonment
  • Fraud, deceit, or false statement
  • Defamation
  • Conversion (taking or using someone’s property without their consent)
  • Severe emotional distress

 

How Intentional Tort Cases Differ From Criminal Prosecution

Many people don’t understand the difference between civil cases and criminal cases. When someone commits a criminal action that harms you, the state will prosecute that person to punish them for their actions. The process of criminal prosecution may give you a sense of closure and justice if it succeeds, but it won’t necessarily provide you any financial compensation to help recover from your injuries — unless the court also orders restitution. And even if restitution is ordered, you may not get full compensation. To ensure full compensation, you’ll need to pursue a civil case against the person who hurt you.

Intentional tort claims are a type of civil claim, so they can provide financial compensation for injuries. One mistake many victims make is waiting until the criminal trial is over to pursue their intentional tort case. Not only does this delay the civil legal process, but it can also cause the statute of limitations to expire for your civil case. The criminal and civil cases for an intentional tort can and often do unfold at the same time, so there’s no reason to wait to contact an attorney and get the civil case moving.

The Biggest Consideration in Intentional Tort Civil Claims

The point of filing a civil claim for an intentional tort is to seek money damages that will compensate you for your injuries. Before you file a claim, you need to make sure the potential defendant has money or assets to pay a judgment. Unfortunately, insurance coverage rarely applies to intentional torts. So, you don’t want to pursue a civil claim and spend lots of time and money, only to get a result that’s worthless — and if there’s no insurance coverage and the defendant has no money or assets, that’s exactly what will happen. To avoid wasting your time, you should work with an experienced attorney who can investigate the claim and look for assets or potential insurance coverage.

Domestic Violence Is a Type of Intentional Tort That’s All Too Common

Domestic violence cases exist at the intersection of family law and intentional tort cases. Many domestic violence cases involve intentional torts like assault, wrongful imprisonment, and severe emotional distress. If you and your family have been suffering because of someone else’s abusive behavior, you need an attorney on your side who can help you put your life back together, get justice, and find peace. This process may include filing for a domestic violence protective order, taking urgent measures to make sure your children are safe, and initiating the divorce process and related legal claims.

At Myers Law Firm, we have years of experience handling intentional tort and family law cases, and we’ve successfully secured compensation and justice for victims of domestic violence. Please don’t hesitate to reach out to us if you are in trouble and need help.

RELATED: What Is Negligence? Here’s a Definition You Can Understand

Did Someone Intentionally Harm You in Charlotte, North Carolina? Don’t Wait to Contact Myers Law Firm

At Myers Law Firm, we take our responsibility to represent injured victims seriously. If you were victimized and need help finding justice and closure, please don’t hesitate to reach out to us. Our experienced team of personal injury lawyers and family law attorneys has decades of experience helping victims like you fight back and recover.

To schedule your initial consultation with an attorney from the Myers Law Firm team, fill out our quick online contact form or call us at 888-376-2889. We look forward to hearing from you.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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What’s the Difference Between Separation and Divorce in North Carolina?

The misconception that separation and divorce are the same is all too common. In fact, separation and divorce are two different things, and they serve different purposes.

In this post, we’ll go over the differences between divorce and separation in North Carolina, and we’ll provide insight about how the two events affect you, your relationship, and your family.

Separation Is Part of the North Carolina Divorce Process

Every marriage is different, and so there’s no one right way to address differences, take time away, or end a marriage. While divorce is the way to end the legal bond between two people, separation is the first step that can lead to many possible results, including divorce, indefinite separation, or reconciliation.

Defining Separation

Some states have legal separation, which is a legal filing in which a married couple formalizes a separation without dissolving their marriage. In North Carolina, there’s no official document or any other formal process for a married couple to become “legally separated”. You and your ex are only separated if you’re living apart and at least one of you intends to leave the marriage permanently. If one of you moves out of the marital home with the intent of leaving the marriage, you can mark the date of separation on your calendar, and that’s enough.

North Carolina couples must remain separated continuously for one year before they can file for divorce. If you get back together and resume the marital relationship but then realize it was a mistake, you have to start the one-year clock over again. However, isolated “hook-ups” do not automatically restart the clock, even if you and your ex engaged in sexual intercourse.

Initiating a separation is simple, but it also opens the door for couples to begin dealing with the issues of custody, child support, spousal support, and property division. This is where the real conflict comes into play.

Defining Divorce

Separation in North Carolina requires couples to live separate and apart for one year. However, separation does not affect your marital status. Unless your marriage was not legally valid and you can get an annulment (which is rare in North Carolina), divorce is the only way to permanently dissolve your marriage and go back to being a single person for legal purposes.

Technically, filing for divorce is a simple process. All you need to do is file a lawsuit with the court and go through the process, which takes about 50–60 days after the other party is served with the lawsuit. In the end, you get a judgment of divorce, and your marriage is over.

Issues Related to Separation

Although obtaining the judgment of divorce is simple, all the issues that will come up as a result of the separation can get very complicated. These are the major legal issues that go along with dissolving a marriage: property division (equitable distribution), child custody, child support, and spousal support (alimony). The legal process of resolving these divorce-related claims is where all the conflict actually happens. In contentious cases, these issues may not be finalized until after the divorce is final.

Remember this, because it’s important: You do not have to be separated for one year in order to resolve claims for child custody, child support, spousal support, or property division. You can resolve them at any time during the one-year separation period, and you can even use a separation agreement to resolve them before you actually separate (so long as you separate within 30 days of creating the agreement). We’ll talk more about separation agreements in the following section.

To learn more about the process of filing for and finalizing an absolute divorce in North Carolina, read our blog article about this subject.

RELATED: How to Obtain an Absolute Divorce in Mecklenburg County

What is a Separation Agreement in North Carolina?

A separation agreement is a legal contract between you and your spouse that resolves the legal issues we discussed earlier (child custody, child support, property division, spousal support). There’s no law in North Carolina that requires you to get a separation agreement, and a court will not issue one for you. Only you and your spouse can create the agreement, and both of you need to be on board.

If you and your spouse can agree on the terms, your separation agreement can resolve any or all of the major legal issues surrounding your divorce. Your agreement won’t be valid unless both parties sign the document in front of a notary, who will notarize the signatures.

You can also put your agreement into a document called a consent order. This is an agreement that is signed by you and your ex and then by a judge. There are different reasons for doing a separation agreement versus a consent order, and we’ll talk about these differences in a future blog article.

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Do I Need a Divorce Attorney If I’m Separated?

If you’re separated or planning to leave the marriage, it’s never too early to start getting legal advice from an experienced family law attorney. Divorce can be a complicated, confusing, and stressful process, especially if you try to go through it without a lawyer.

Not only can a divorce lawyer take all the paperwork and legal preparation off your plate and make sure your rights are protected, but they will also attend to important details you may miss. As an example, some couples forget about various insurance accounts or retirement funds, which often name beneficiaries. If these accounts don’t get included in property division, it can be a mess to figure out what to do with them after a divorce finalizes.

Certain situations also demand the help of an attorney for the health and safety of the family. If you have a partner who is abusive or unstable, a lawyer can get the authorities involved and get court orders that protect you and your children.

No matter what your situation looks like, hiring a lawyer will most likely save you money in the long run unless you have a very simple, uncontested divorce. Make sure to choose an attorney who has experience handling divorce cases, and feel free to meet with multiple lawyers and search for someone who gives you confidence and makes you feel at ease. Your divorce may be a long process, and having the right advocate by your side can make all the difference.

Contact Myers Law Firm If You Need Help with a Divorce or Family Law Matter in Charlotte, North Carolina

At Myers Law Firm, we understand that the end of a marriage is never an easy time for either spouse, so we approach every case with compassion and understanding to search for solutions. While we excel at respectful negotiation and will work to find common ground with the other side, we are ready to stand up in court and fight for your rights with an aggressive approach if that’s what it takes.

The attorneys at Myers Law Firm have experience handling all of the major family law issues that surround the end of a marriage, including alimony, child custody, child support, and property division. We’re here if you need help. To get in touch with us, call our offices at 888-376-2889 or fill out our online contact form today.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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Here’s What You Should Expect in a Personal Injury Deposition

Out of all the various phases and procedures involved in a personal injury lawsuit, being deposed is the one that tends to give injury victims the most anxiety. However, an effective, well-prepared, and thorough deposition is necessary and crucial to the success of your case. The key to relieving your anxiety over a deposition and the key to ensuring that your deposition goes smoothly are one and the same: preparation.

What Is a Deposition?

A deposition is when the other party’s attorney questions you about the facts, details, and circumstances of your case in order to gather information. This happens at a specified date, time, and place, which you’ll know in advance. Depositions generally take place in an attorney’s office, not in a courtroom. Your attorney, the other party’s attorney, and a court reporter (also known as a stenographer) are all allowed to be present.

The person giving the deposition (you) is called the deponent. You are under oath while you’re being deposed, and you’re required to answer questions truthfully and to the best of your ability. The court reporter will record everything that is said and happens during your deposition. In general, what you say during your deposition testimony can be used in court later — assuming your case doesn’t settle before going to trial.

A typical deposition occurs after a lawsuit is filed, but prior to a trial. This is part of the discovery phase of your case. You’ll know when you need to submit to a deposition because the defendant’s attorney will ask you to do so by way of a notice of deposition, which is a type of legal request. If you’re the plaintiff in the lawsuit, the defense does not need to get a subpoena or court order to request your deposition — they only need to give you notice.

Once you’ve received a notice of deposition, your participation is mandatory. Depositions are a critical part of the discovery process, so you’ll have to attend the deposition and answer the other attorney’s questions if you want your case to continue. Generally, we will work with the other attorney to set a time and date that is agreeable to everyone.

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Why Is a Deposition Important?

Your deposition is important to your case because it’s usually your first opportunity to give on-the-record testimony and share your side of what happened. A deposition creates a written record of a witness’ testimony that can be used later to impeach testimony in trial. This might happen if, for example, the testimony of a witness during trial is different from what is said at the deposition. Third-party witnesses to the accident can also be subpoenaed to give a deposition, although their deposition will be separate from yours.

Besides establishing the facts and circumstances of your case in your own words, your deposition provides an opportunity for the attorneys from both sides to evaluate strengths and weaknesses in the case and get an idea of how you would testify in the event of a trial.

What Can You Expect From a Deposition?

If you’ve seen a lot of courtroom dramas on television, you might be expecting a deposition to look more like an inquisition, with the opposing attorney pounding on the table and shouting questions at you, accusing you of lying at every turn.

RELATED: Why Contributory Negligence Matters For Your Personal Injury Case

In real life, depositions in civil lawsuits rarely look anything like this. The deposing attorney in your case will most likely be polite, professional, and maybe even a little friendly — after all, they want you to open up and reveal as much information as possible, not shut down out of fear or frustration. Usually, the deposition won’t even happen in a courtroom; instead, it will probably take place in a conference room.

Depositions generally follow similar formats. Usually, the attorney for the other side (the opposing counsel) will ask you a series of questions, and your answers will get recorded in a deposition transcript. Although your attorney can’t feed you answers during a deposition, you can work with your attorney to anticipate and prepare for the defense attorney’s deposition questions. Those questions, which are called interrogatories, will generally fall into one of the following categories:

  • General personal information: This can include questions about who you are and your background, like your name, contact information, familial makeup, occupation, etc.
  • Prior physical condition: During a personal injury deposition, the other party’s attorney will want to know what your health was like before your injury. For example, if you hurt your right shoulder, the attorney might ask if you are right- or left-handed, or if you had prior injuries to your arm, shoulder, or back that might have contributed to your accident or the resulting injuries.This part of the deposition can become especially important if your injury involves cognitive symptoms, as many brain injuries do. If you suffered a concussion or other brain injury, your injury isn’t necessarily visible to the naked eye, so it’s important to paint a vivid picture of what your health was like before the accident. Regardless of the type of injury you’ve suffered, though, the way you answer these questions will establish what your life and health were like before the accident and create a point of comparison for your after-injury state.
  • Accident information: The defense attorney will want you to record how the accident happened in your words and in as much detail as possible. You can expect them to ask questions like: How did the accident occur? What was your initial reaction to it? Who was there to witness it? What was the weather like? What was your mental state? Did you converse with anyone during or immediately after the accident? What was said during those conversations?To get ready for these questions, you should thoroughly prepare this part of your testimony with help from your lawyer. If you don’t practice, it can be very easy to get turned around during the course of your story and lose your train of thought, or to omit important details. Remember, you’re under oath during your deposition, so be very specific about what you remember, and be honest if there are things you don’t remember clearly.
  • Injury description: You will need to give a detailed account of your injuries. How were you injured? Where were you treated? Were you treated by your primary care physician or an emergency room doctor? Were you admitted into the hospital? Did you have surgery? What was your follow-up care like? Did you follow the doctor’s advice? Do you have ongoing care such as physical or occupational therapy? The details of your injury are very important, as they will support your later answers about how the injury has affected your physical, mental, emotional, and financial well-being
  • Life after the accident: This is your opportunity to testify about how your life has changed for the worse since the accident. You will be able to paint a narrative of how your life today differs from the lifestyle you previously enjoyed and the future you had planned, including any limitations you’ve experienced, costs you’ve incurred, and emotional pain you’ve suffered as a result of your accident.

Throughout the pre-deposition preparation and the deposition itself, your attorney will be your most important ally and source of advice. Besides preparing you for the defense attorney’s questions, advising you about how to frame your answers, and providing a supportive presence during your deposition, your lawyer can also come to your defense and object if the defense attorney’s questions or conduct are out of line in some way.

The entire deposition process falls under a set of legal rules called the Federal Rules of Civil Procedure. Your attorney should know these rules well enough to make sure the other side follows them and to speak up in case of a violation.

Deposition Details: How to Conduct Yourself

A personal injury deposition is one of those times where it’s easy to become self-conscious about everything you do. When you know a lawyer is going to depose you and record your testimony, every word choice, gesture, and action suddenly seems very significant, and the stress can cause injured victims to feel like they don’t know how to act or what to say.

To help alleviate that stress, here are a few basic tips for how to conduct yourself during a deposition.

  • Be professional and polite. Arrive to the deposition well-dressed, well-groomed and on time, and avoid trying to make small talk or jokes to “break the ice.” When the defense attorney begins to ask you questions, provide clear, concise, and straightforward answers to the best of your ability, making sure to ask clarifying questions if there’s some aspect of the question that you don’t understand.
  • Stick to the facts. The format of your deposition is question-and-answer, and it’s the defense attorney’s obligation to bring out your testimony through questions, so don’t feel the need to anticipate what they might want to know or provide extra detail they haven’t asked about. Instead, simply answer the question you’ve been asked in a clear and straightforward manner and then wait for the next question. Everything you say will be recorded, so be sure to speak clearly and loud enough so your words will be recorded accurately.
  • Don’t rush. This is an important part of your case, so you will want to be sure and take your time so you can give the most thoughtful, truthful answers possible. Let the attorney finish his or her question before you start to answer. You can even pause for a moment before beginning your answer, giving yourself time to collect your thoughts and creating the opportunity for your attorney to object as needed. Try to remain calm, even if the other party’s attorney tries to ask you confusing or unclear questions in order to trip you up. It’s important to remain even-keeled.
  • Be honest. You’re under oath, so you need to answer the defense attorney’s questions honestly; failing to do so could have serious consequences. Part of being honest, though, is telling the truth about what you’re not sure of — “I don’t recall” or “I am unsure” are perfectly good answers for questions you don’t have an answer to. You do not want to be caught making a false statement, even if it’s unintentional, as this could seriously harm your case.
  • Be prepared. Preparation is extremely important for a deposition. Work with your attorney to prepare for the deposition and take this preparation time seriously. Ask your attorney to role-play a deposition with you so you can practice giving calm, factual answers that are free of opinion or emotional appeal. This is very important to practice since you’ll be speaking about a subject that may bring up intense emotions and memories.

With proper practice and guidance from your attorney, a personal injury deposition doesn’t need to be a nerve-racking experience. On the other hand, if you’ve decided to “go it alone” and represent yourself in a personal injury case, the deposition could be the point where you realize you’re in over your head. If you’re facing the prospect of a personal injury deposition and you haven’t hired an attorney yet, now might be the time to ask whether you really want to go up against the defense’s legal team without anyone on your side.

Myers Law Firm: Your Personal Injury Advocates

At Myers Law Firm, we understand the stress, anger, and confusion that often accompany a senseless injury. If you or a loved one has been injured due to someone else’s negligence, we can help. When you choose us to represent you, we’ll act as your advocate and use our years of personal injury experience and our extensive knowledge of the local courts to fight relentlessly on your behalf.

Call our offices today at 888-376-2889 or fill out our online contact form to schedule your free consultation with us. We will use this time to get to know you, learn about your case, and inform you about your legal options so you can go forward with confidence.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Contact Myers Law Firm

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Common North Carolina Child Support Issues and How to Resolve Them

Navigating child support issues with your ex is rarely easy. And even when separated parents prioritize their children and minimize unnecessary conflict, child support cases can still get contentious. Common sticking points include insufficient payments, confusion around what to do when the non-custodial parent’s situation changes, or what happens if the other parent refuses to pay.

In this blog, we’ll outline a few of the trickiest child support issues and offer tips for how to resolve them.

What if My Ex Is Refusing to Pay Child Support or Keeps Falling Behind?

Financial problems often create conflict between parents, and when you put those issues in the context of a divorce with children involved, things can get downright messy. Knowing how to handle issues when they arise is one way to protect yourself, your ex, and your children.

Here are some of the most common challenges we’ve handled in North Carolina child support cases.

The Non-Custodial Parent Refuses to Pay Until They Can See the Kids

Custody (parenting time) and child support payments are different aspects of parenting after a divorce; parents can’t use one aspect as a bargaining chip for another. The non-custodial parent shouldn’t withhold financial support to strong-arm the other parent into letting them spend time with the kids. Likewise, the custodial parent should never withhold the children until the other parent pays child support.

If your ex is threatening to withhold payments because they’re unhappy with the custody or parenting time arrangement, contact your attorney. They can help you understand your options in this uncomfortable situation and step in when you can’t resolve the matter with your ex. The most common solution involves filing a motion for contempt, but other options are available, such as obtaining a judgment or license revocation.

The Non-Custodial Parent Isn’t Paying the Full Child Support Amount

You may need to change your child support agreement for any number of reasons. If the paying parent’s situation has changed and they can’t pay as much as they normally would for child support, they can attempt to modify their child support agreement.

However, this process is complex and requires more than just a verbal agreement. Whether there needs to be an increase or decrease in payments for whatever reason, you and your ex must go through the courts to legally modify the agreement. Otherwise, you could get in trouble later if one parent claims you violated the written order, and saying you had a verbal agreement with the other parent probably won’t help you.

An experienced family law attorney can help you navigate the process of submitting a modification for your child support order and getting a judge to approve the modification.

The Non-Custodial Parent Falls Behind on Payments or Won’t Pay at All

Many separated parents choose to have child support payments taken directly from their paychecks, like taxes. Automatic withdrawal, known as wage-withholding, is a great option for diligent parents who want to avoid partial or late child support payments.

If the other parent doesn’t have automatic withdrawal set up and they fall behind or say they won’t pay, you can file a motion with the court to require wage-withholding. However, you may be able to resolve the conflict without going to court, especially if you work with an experienced, empathetic divorce attorney. Your attorney should be able to communicate with your ex and make them understand what will happen if they continue to violate the court’s child support order.

RELATED: If My Ex Owes Child Support, Can I Stop Them From Seeing Our Kids?

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A Family Law Attorney Can Help Resolve Child Support Issues

When your ex fights your reasonable request for child support or violates a court order, it can leave you frustrated, angry, and overwhelmed. And when the solution is complex, like filing for a child support order or modification with the courts, it can be very difficult to resolve the issue on your own.

If you find yourself in one of these tough situations, you need an experienced family law attorney on your side who can guide you through the process and help make sure your children have the financial support they need to survive. When you work with an experienced and empathetic attorney, they can also provide emotional support, organizational assistance, and in-depth knowledge of North Carolina law and court procedures.

Myers Law Firm: Helping Parents in Charlotte and Mecklenburg County Collect Child Support

At Myers Law Firm, our family law attorneys are here to support you and fight for your rights during the challenges of a divorce and the accompanying legal matters like child custody and child support. If the other parent owes child support and refuses to pay, we can help you hold them accountable without violating any existing court orders.

For more information on how our family law attorneys can help you, schedule your initial consultation by filling out our convenient online contact form or calling our Charlotte office toll-free at 1-888-376-ATTY (2889).

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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Motorcycle Fatalities Trend

There’s no better feeling than hitting the open road on your motorcycle and taking in the beautiful North Carolina scenery as the wind gushes past you on a beautiful day.

Unfortunately, this adventure is becoming more dangerous. New research suggests that motorcyclists are at more risk than ever of being hurt or killed while riding in North Carolina. In fact, according to the North Carolina Department of Transportation (NCDOT), motorcyclist fatalities rose by 21% between 2017 and 2018.

In this blog, we explore this dangerous trend in motorcycle fatalities and explain what you can do to protect yourself on the road.

Motorcycling in North Carolina Is Riskier Than Ever

In 2018, 176 motorcyclists died on North Carolina roads. Some experts argue that an increase in ridership is to blame for the rise in North Carolina motorcycle crashes, but another critical factor is driver distraction. In 2018, distracted driving in some form was cited as a contributing factor in 4,523 crashes statewide. When asked about the cause of their accident, drivers who hit motorcyclists cited “not seeing them” as the most common reason for their negligence.

Motorcycles are smaller than cars, and when drivers are paying attention to their cell phone, radio, or cheeseburger rather than the road, it’s all too easy for a wreck to happen. Drivers can merge into a motorcycle rider, collide with them in an intersection, or sideswipe them when passing — all because the driver’s eyes aren’t on the road.

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Tips for Motorcyclists to Stay Safe on North Carolina Roads

According to the NCDOT, the majority of motorcycle crashes happen during warmer months. The period between May and September is especially dangerous. And as spring and summer approach, more riders than ever will be on North Carolina roads.

But don’t hang up your helmet just because there’s more traffic on the road during this beautiful time of year. Instead, learn how to protect yourself and others.

  • Be sure to double check intersections and slow as you approach. One of the most common motorcycle crashes occurs when cars turning left fail to check for other vehicles and collide with them.
  • Avoid splitting lanes whenever possible. Lane splitting (navigating your bike between lanes of traffic) isn’t illegal in North Carolina, but it is still extremely dangerous.
  • Always wear a motorcycle helmet and appropriate safety gear. In North Carolina, all riders and passengers must wear helmets, and we strongly recommend that bikers wear appropriate clothing, shoes, and protective gear.
  • Understand your legal rights on the road. Motorcycles are vehicles too, and motorcyclists are afforded the same rights and responsibilities as any other driver. When you understand the law and your rights, you can protect yourself with confidence.

RELATED: These 4 Factors Will Affect Your North Carolina Motorcycle Accident Case

Motorcycle Safety Is Everyone’s Responsibility

Unfortunately, even the safest motorcycle riders who take every precaution can still fall victim to other drivers’ negligent actions. If you’ve been hurt in a motorcycle crash because of another motorists’ irresponsible or reckless behavior, you could be eligible to receive compensation.

Contact an experienced North Carolina motorcycle crash attorney today to get a better understanding of your unique situation.

Myers Law Firm: Fighting for Motorcycle Crash Victims in Charlotte and Mecklenburg County

If you or someone you love has been hurt while riding a motorcycle in the Charlotte area, you need an experienced personal injury attorney on your side. At Myers Law Firm, safety is our top priority. When people like you get hurt in circumstances beyond their control, we fight to get them the justice they deserve.

If you have questions about your legal options or your case, please reach out today to schedule your free consultation. During our discussion, we’ll listen to your story and provide advice about your next steps and what to expect.

To schedule your free consultation, please fill out our easy online contact form or call us at 888-376-2889. We look forward to hearing from you!

References

Kennedy, K. (2019, June 18). NCDOT: Motorcycle fatalities rose 21 percent in 2018. CBS 17. Retrieved from https://www.cbs17.com/news/local-news/ncdot-motorcycle-fatalities-rose-21-percent-in-2018/

North Carolina Department of Transportation. (2018). North Carolina 2018 traffic crash facts. North Carolina: North Carolina Division of Motor Vehicles. Retrieved from https://connect.ncdot.gov/business/DMV/CrashFactsDocuments/2018%20Crash%20Facts.pdf

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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Insurance Companies

Insurance companies are for-profit companies that have a vested interest in denying personal injury claims, and many of them have gotten quite good at it. At Myers Law Firm, we’ve represented accident victims for decades, and we’ve dealt with all the tactics and strategies that insurance companies tend to use time and again when defending cases.

In this article, we’ll share some of the knowledge we’ve gained and outline the most common ways that insurance companies try to deny or devalue claims from injured victims in North Carolina.

Shifting the Blame to You

North Carolina is a contributory negligence state, which means an accident victim cannot receive damages if his or her own negligence contributed to the accident. This means that in our state, if a court finds you are even 1 percent at fault for the accident that injured you, you can’t receive compensation for your injuries.

RELATED ARTICLE: Why Contributory Negligence Matters for Your Personal Injury Case

What this means in practice is that the other driver’s insurance company will often try to convince you that your claim has no value because your actions played some role in the accident. However, just because they tell you that you were at fault and deny your claim doesn’t give them the final word. It simply means that you need to get a lawyer who can evaluate your case and help you examine your legal options to get fair compensation for your injuries.

If the insurance company denies your claim for a minor mistake you made, contact a personal injury lawyer immediately. An experienced injury lawyer should be able to evaluate the facts of your case, examine how the law applies, and create a strategy that addresses the insurance company’s contributory negligence defense.

Focusing on a Pre-Existing Medical Condition

Most personal injury claims are based on the legal theory of negligence. This means that you must show that not only did the other party do something reckless or irresponsible but also that their irresponsible actions caused your injuries. One way that insurance companies often try to dispute personal injury claims is by capitalizing on the second requirement and arguing that the victim’s injury was pre-existing rather than caused by the negligent party.

RELATED ARTICLE: Do Pre-Existing Conditions Affect Personal Injury Claims?

For example, suppose you were stopped at a red light when another car suddenly rear-ended you. In the past, you had occasionally complained of back pain to your doctor and visited a chiropractor for relief. A post-accident MRI shows new degenerative changes in your spine along with a disc herniation (which is where the gel-like inside of a spinal disc pushes through its fibrous exterior, causing pain and nerve damage).

Next, the insurance company combs through your medical records prior to the wreck and looks for any little thing they can blame your injuries on besides the collision. It doesn’t matter that you’ve had no health problems or injury issues for a long time prior to the wreck. The insurance company denies your claim, arguing that your herniated disc was present before the injury.

So how can you respond to this argument? Unfortunately, proving that an injury didn’t exist before a crash or that a crash made an injury worse can be a tricky and complex process. The best option is to work with an experienced lawyer who can carefully assess your medical records, collaborate with credible expert witnesses, and apply North Carolina’s laws to the facts of your case.

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Questioning Your Credibility

After suffering injuries in a wreck and filing a claim, you might feel like you’re the one on trial. Insurance adjusters will scrutinize your motives and credibility, tracking your whereabouts and looking at your social media feeds to find anything they can use against you. If they find inconsistencies in your information — even ones that have innocent explanations — they’ll most likely deny your claim or use that information to offer you a low settlement amount.

It’s always in your best interest to give the insurance company and your doctors honest and accurate information. However, even if you’re being truthful, the insurance company can spin your activities and statements to seem like you have ulterior motives. (That’s why we always recommend that injured victims consult an attorney before they have any post-crash contact with the other driver’s insurance company.)

RELATED ARTICLE: 4 Ways Social Media Can Ruin Your Car Accident Lawsuit

Thankfully, a skilled personal injury lawyer should be able to uncover all the relevant evidence so they can help clarify your situation and rebuild your credibility after such a defense. Your lawyer should be able to analyze the facts, point out weaknesses in the surveillance and other data, and help paint a truthful and accurate picture of your situation.

Searching for Procedural Mistakes

Unless you’re familiar with North Carolina civil law procedures, it’s easy to make mistakes that can reduce or eliminate your damages. North Carolina, like all states, has a strict set of rules that you must follow when you file a lawsuit. They include:

  • Statutes of limitations: The law creates strict filing deadlines for most types of claims. The statute of limitations for North Carolina negligence claims is typically three years (two years for wrongful death claims).
  • Jurisdiction and venue issues: You must file your lawsuit in a court that has the legal authority to hear your claim.
  • Insufficient pleadings: In your complaint, you must properly allege a legal claim against the correct parties.

The courts can dismiss your claim due to a single mistake in any of these areas, resulting in your case being delayed or you permanently losing your right to compensation.

Rather than risk losing your claim on a technicality, it’s almost always in your best interest to consult an attorney. An experienced personal injury lawyer can help you comply with North Carolina’s litigation processes and avoid costly errors.

Pressuring You to Settle Before You Contact a Lawyer

Sometimes, the insurance adjuster will offer you a settlement and then try to convince you that hiring a personal injury lawyer isn’t worth the expense and effort. Instead, they will say, you should just take the money they offer you and move on with your life.

However, when you negotiate and accept a settlement without help from a skilled injury lawyer, you can miss important claims and undervalue your damages. There’s a very good chance that when you take a settlement offer from the insurance company without talking to a lawyer first, you’ll end up accepting too little and discovering later that your settlement doesn’t cover the full long-term costs of your injuries.

RELATED ARTICLE: How Do I Know if the Insurance Company’s Settlement Offer Is Fair?

Unlike the insurance adjuster, your personal injury lawyer should always have your best interests in mind and strongly advocate on your behalf. At Myers Law Firm, we help our clients calculate their damages accurately and educate them about their legal rights. And when you work with us, you won’t pay any attorney’s fees unless you make a financial recovery.

Myers Law Firm: We Fight for Accident Victims in North Carolina

If someone’s negligence caused injuries to you or a loved one, contact Myers Law Firm for a free, no-risk consultation. We advocate for accident victims in Charlotte and Mecklenburg County, demanding justice and fair compensation for their injuries. To schedule an appointment, either call us at 704-376-3000 or complete our online form.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Contact Myers Law Firm

We are committed to continuing to serve our clients’ legal needs

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We are able to meet with clients and hold consultations with prospective clients via telephone or video conference. If you need to contact us, please do not hesitate; we are happy to speak with you about your situation, your needs, and how we can help.

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Four Important Factors That Could Significantly Impact the Outcome of Your Motorcycle Accident Case

Motorcycles offer riders a sense of freedom and adventure that’s hard to find anywhere else. Unfortunately, that freedom comes at a price: motorcycles provide very little protection during a collision.

If you or a loved one suffered serious injuries during a motorcycle accident and someone else’s negligent behavior caused the crash, you may be entitled to compensation for your medical bills, lost wages, and other damages. However, motorcycle cases are complex, and there are lots of factors that can affect the value of your claim. Read on to learn about four important factors that could significantly impact the outcome of your motorcycle accident case.

1. The Amount of Insurance Coverage Will Impact Your Ability to Get Compensation

North Carolina is a fault-based state. In other words, the law in our state says that a negligent driver is financially responsible for the injuries he or she causes in an auto accident. If you are a motorcycle driver or rider and you get hit by a negligent driver, your injuries are likely to be much more severe than if you were in a car.

For this reason, motorcycle riders and all other vehicle owners in North Carolina must carry a minimum amount of motor vehicle insurance. All motor vehicles, including motorcycles, must have coverage of at least:

  • $30,000 per person for bodily injury claims, up to $60,000 per accident
  • $25,000 for property damage claims
  • $30,000 per person in uninsured bodily injury coverage, up to $60,000 per accident
  • $25,000 for uninsured property damage claims

While many drivers opt for higher policy limits, about 6.5% of North Carolina drivers are completely uninsured, and many more carry only the minimum coverage.

RELATED ARTICLE: Follow This Free Car Accident Checklist to Help Your Injury Lawsuit

If you’re injured in a serious motorcycle accident, your damages can quickly exceed the minimum coverage limits mandated by North Carolina law. For example, a spinal surgery such as a fusion or laminectomy can easily cost tens or even hundreds of thousands of dollars, and that doesn’t even include the costs of post-surgical physical therapy and pain management.

When a negligent driver doesn’t have sufficient insurance to pay for your lost income, medical bills, and other damages, your uninsured/underinsured (UM/UIM) motorist coverage should cover your injuries, up to your policy limits. Because of the prevalence of uninsured and underinsured drivers in North Carolina, we encourage all drivers to purchase a motorcycle or auto insurance policy with UM/UIM limits that are above the state minimum.

2. You’ll Need Strong Evidence Supporting Your Claims

The amount of the recovery for your motorcycle accident claim will depend on the facts and circumstances surrounding the crash. Because insurance companies are for-profit companies, they look for any reason they can find to dispute motorcycle claims and make unreasonably low settlement offers. You’ll need compelling evidence to fight back against these tactics.

RELATED ARTICLE: 10 Surprising Facts About Motorcycle Accidents

You should always treat your motorcycle claim as if it’s going to trial. This means compiling all the evidence that tells the story of how you got hurt and your subsequent medical treatment, including:

  • Medical records that document your injuries, treatment, and functional limitations
  • Estimates of your need for future medical treatment
  • Witness statements
  • Accident reports, crash investigation data, and accident reconstructions
  • Lost income calculations
  • Engineering assessments of defective car and motorcycle parts
  • Documentation of how your quality of life changed after the crash

It’s also important to understand the weaknesses in your claim. For example, North Carolina is a contributory negligence state. You might lose your right to compensation if your own actions, such as failing to observe traffic laws, contributed to your injuries. This is why it’s especially important to work with an experienced attorney who can anticipate a contributory negligence defense and fight back with convincing evidence.

3. You Must File a Timely Claim

No matter how strong your claim is, it’s worthless once the statute of limitations expires. A statute of limitations is a filing deadline established by state law. If you file after the statute of limitations, the court will automatically reject your claim. In North Carolina, you typically must file your motorcycle accident claims within three years of the crash or within two years if the crash resulted in death.

However, you should never wait until the last minute to file a claim. Before a personal injury lawyer files a motorcycle accident claim, he or she must carefully investigate the facts, compile evidence, and assess the value of your claims. This isn’t a quick and easy process.

If you wait too long, you might struggle to find an experienced lawyer who will take your case. You also might lose valuable evidence as memories fade and records are destroyed. For all these reasons, you should consult with a motorcycle accident lawyer as soon as possible after a crash.

4. An Experienced Motorcycle Accident Lawyer Can Increase Your Chances of Getting a Fair Settlement

Insurance companies deny claims and make low-ball offers to victims to increase their own profits. Even though the claims adjuster for the other driver’s insurance company might seem friendly and concerned, he or she is actively looking for reasons to dispute or devalue your claim. And when accident victims handle their own motorcycle claims, it’s easy for them to make mistakes.

Your claim requires a careful analysis of the facts, medical records, and legal issues surrounding the crash and your injuries. At Myers Law Firm, we believe that crash victims should focus on their recovery and let an experienced motorcycle accident lawyer handle the intricacies of their claims. We guide our clients through every step of the litigation process with the goal of maximizing their recovery and supporting them as they heal from the injuries and trauma they’ve suffered.

RELATED ARTICLE: How Do I Know if the Insurance Company’s Settlement Offer Is Fair?

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Myers Law Firm: Fighting for Motorcycle Accident Victims in Charlotte and Throughout Mecklenburg County

It’s easy to feel overwhelmed after a motorcycle accident. If you or a loved one are struggling after a serious crash, contact the experienced lawyers at Myers Law Firm. We provide our clients with compassionate advice and aggressive representation, and we handle all personal injury cases on a contingent fee basis, so you won’t pay attorney’s fees unless we help you get financial compensation for your injuries. To schedule your free initial consultation today, fill out our easy online contact form or call us at 888-376-2889.

References

Facts and statistics: Uninsured drivers. (n.d.). Insurance Information Institute. Retrieved from https://www.iii.org/fact-statistic/facts-statistics-uninsured-motorists

Wolters Kluwer Health. (2015, September 1). Big differences in U.S. healthcare costs for fixing back pain. ScienceDaily. Retrieved from https://www.sciencedaily.com/releases/2015/09/150901121052.htm

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Contact Myers Law Firm

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Social Media as Evidence During Divorce Case

Most people know that potential employers might check out their Facebook posts before a job interview, but they never consider that their spouse’s lawyer might go through their social media accounts for evidence during a divorce case. But that’s exactly what happens during contentious divorces, and if the wrong information comes out during a search of your Facebook posts or other social media content, it could seriously harm your divorce case.

How Social Media Posts Can Hurt Your Divorce Case

Divorce attorneys regularly search social media accounts for evidence they can use to argue in favor of their clients. In some cases, they use formal legal discovery techniques to do so, but often, the information they’re looking for is simply available to anyone.

Social media posts can be deceptive when taken out of context. For example, imagine you’re trying to argue against your spouse’s claim for spousal support and the defense attorney suddenly procures a picture from Facebook that shows you on an expensive cruise. Never mind that it was a one-time trip that you spent years saving for. It could still sway the judge’s opinion and undermine your arguments that you can’t afford the spousal support your ex is asking for.

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How Should I Handle Social Media Use During My Divorce?

We know it isn’t easy, but the best solution is just to stay off social media as much as possible during your divorce. Social media might provide a way to blow off steam, get support from friends, and take your mind off the stress of your divorce case. But you need to weigh those benefits against the harm that your social posts could do to your case.

RELATED: Answers to 10 FAQs About North Carolina Divorce

Ask yourself: Is it really worth it to get supportive comments on a post deriding your ex-spouse if it means a worse outcome in your child custody case? Is it worth showing off photos of you having fun with a new friend if it means having those photos brought up in court as evidence that you had an affair — even if nothing of the sort actually happened?

If you decide that you can’t stay off social media entirely, you can at least follow a few guidelines to reduce the chance that something you post could be used against you in court later.

  1. Don’t assume your privacy settings will protect your posts.
    Courts have repeatedly ruled that social media users don’t have a reasonable expectation of privacy when they post content online, regardless of how they configure their privacy settings. You should assume that everything you post will be available to your spouse’s attorneys, no matter how you set up your account.
  2. Assume your spouse can see everything you post, even if you’re no longer friends online.
    Changing your privacy settings and unfriending or unfollowing your spouse can limit their exposure to the content you post, but all it takes is one mutual friend or acquaintance clicking “share” for your ex to see anything you post.
  3. Don’t post anything while you’re angry or frustrated.
    We don’t use our best judgment when we’re angry. Give yourself time to cool down before you log in to social media and post about something that’s upsetting you. Consider how your post would reflect on your character if someone read it back to you in front of a judge or if your children saw it.

What if I’ve Already Posted Something I Regret on Facebook?

If you’re reading this article and regretting posts you’ve already made on social media, do not go back and delete those posts! The judge in your case could view this as tampering with evidence, especially if the attorneys for the other side have already started going through your social media content or made discovery requests for access to it. And the consequences for this can be serious.

Instead, contact an experienced divorce attorney for help. If you have a divorce case in Mecklenburg County, our attorneys at Myers Law Firm are happy to review the posts you’re concerned about and answer any questions you might have about how to proceed.

Contact Myers Law Firm for Help With Divorce and Other Family Law Matters in Charlotte and Mecklenburg County

If you are considering filing for divorce or if you are going through a divorce already, the experienced attorneys at Myers Law Firm are here to help.

From determining child custody to dividing personal property, our team of professionals is prepared to answer any questions you may have and guide you through every step of the divorce process. While we pride ourselves on our ability to get results efficiently through communication and negotiation, our first priority is always to protect your rights and fight for your best interests.

To schedule your initial consultation today, please call our Charlotte office toll-free at 1-888-376-ATTY (2889) or fill out our quick and easy online contact form.

References

DiBianca, M. (2014, January). Discovery and preservation of social media evidence. Business Law Today. Retrieved from https://www.americanbar.org/publications/blt/2014/01/02_dibianca.html

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Contact Myers Law Firm

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We are able to meet with clients and hold consultations with prospective clients via telephone or video conference. If you need to contact us, please do not hesitate; we are happy to speak with you about your situation, your needs, and how we can help.

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Auto Accidents Involving Pedestrians

Auto accidents that involve pedestrians are a serious and all-too-common problem in North Carolina, and when these collisions occur, they usually result in severe injuries that lead to enormous medical bills and other costs for the pedestrian involved. 

So, when injured pedestrian victims face these massive costs, who pays for them? In this article, we’ll answer that question and explore some of the options available to help pedestrian auto accident victims get financial compensation for their injuries. 

What Do I Need to Successfully File a Claim Against the Driver Who Hit Me? 

To receive financial compensation for your injuries by filing a personal injury claim, you’ll need to show that the driver who hit you did so because they were negligent. 

“Negligence” in a court of law isn’t the same as the everyday sense of the word. An average person might say they were being “negligent” if they forgot to pay a credit card bill on time or let a pot boil over on the stove, but the legal concept of negligence is more complicated and specific (like most things that involve the court system). 

Under North Carolina Law, you have to prove four things to show that the other driver was being negligent: 

  • The driver owed you a duty to keep you from harm. (This might sound lofty, but it’s usually simple to prove. Drivers who take to the road generally have an inherent duty to drive safely and avoid causing harm to others.) 
  • The driver acted in a way that violated their duty. 
  • The driver’s actions led to your injuries. 
  • You sustained ”damages” such as physical, mental, or emotional injury, economic losses (medical bills, lost wages, etc.), and/or pain and suffering. 

If you can successfully show that the other driver was negligent in their actions, then North Carolina law allows you to recover damages to compensate you for any or all of the following: 

  • Medical bills 
  • Lost wages 
  • Other expenses (in-home care, home renovations to accommodate the limitations from your injuries, etc.) 
  • Pain and suffering 
  • Punitive damages (damages intended to punish the defendant for extremely reckless or malicious behavior, which are usually only available in extraordinary circumstances) 

Unfortunately, North Carolina is one of a handful of states that applies a legal rule called “pure contributory negligence.” It is very unfair toward injured victims. Essentially, this rule says that if the defense in your case can successfully argue that you were even slightly at fault for your injuries, you aren’t allowed to receive any compensation. 

RELATED: These Tips Can Reduce Pedestrian Accidents in Charlotte

To successfully get compensated for your medical bills and other losses, then, you’ll need to prove that the driver who hit you was completely at fault for the collision. 

To learn more about pure contributory negligence, how it can affect your personal injury claim, and how an attorney can help when the defense tries to take advantage of this rule, read our previous blog article on this subject. 

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Understanding Insurance Coverage for Pedestrian Accidents

The court can order the driver who hit you to pay tens or hundreds of thousands of dollars in damages, but if they’re an average person, they won’t have that kind of money. That’s why insurance coverage plays an extremely important role in personal injury claims. 

Generally, insurance coverage will be your main source of compensation after a pedestrian accident, and the limits of any relevant policies will effectively determine how much of the total damages you can recover. The most effective way for you to receive compensation is to file a claim with the at-fault driver’s insurance company. If the insurer denies your claim or refuses to pay you fair compensation for your injuries (which is very likely), you should consult an experienced personal injury lawyer and explore whether it’s in your best interests to file a lawsuit and try to force the insurance company to pay you fairly. 

What If I Was Hit by an Uninsured or Underinsured Driver?

But what happens if you were hit by a driver who’s carrying an insurance policy with very low limits, or who isn’t carrying auto insurance at all? Even though the law requires every driver to carry some amount of auto insurance, some people will always risk the consequences and drive uninsured. In fact, recent research from the nonprofit Insurance Information Institute shows that almost one in seven drivers in the U.S. has no car insurance whatsoever. 

This disturbing fact is exactly why uninsured/underinsured motorist (UM/UIM) insurance coverage exists. UM/UIM coverage is a special type of insurance coverage that can kick in and provide compensation when the at-fault driver’s coverage limits aren’t high enough to pay for all the damages in your case or when the at-fault driver doesn’t have any insurance at all. 

Understandably, you might think that underinsured motorist coverage only applies when you’re driving a car. But UM/UIM coverage can help compensate you for any injuries that are caused by an at-fault uninsured or underinsured driver — even if you were on foot or riding a bike at the time of the crash. 

This is one of the many reasons why we recommend that most drivers carry additional UM/UIM coverage beyond North Carolina’s state-mandated minimum coverage limit of $30,000. 

Contact Myers Law Firm if You’ve Been Injured in a North Carolina Pedestrian Accident 

If you or a loved one has been injured in an accident due to someone else’s negligence, Myers Law Firm is here to help. We fight for and support injured victims through difficult times, and we’ll use our resources, legal experience, and knowledge of the local courts to advocate relentlessly on your behalf until your case reaches a resolution. 

Call our offices today at 888-376-2889 or fill out the contact form on our website to schedule your free consultation with an experienced personal injury lawyer from Myers Law Firm. We’ll use this time to listen to your story, learn about your case, and inform you about your legal options so you can go forward with confidence. 

References 

Facts and statistics: Uninsured motorists. (2017, August 1). Insurance Information Institute. Retrieved from https://www.iii.org/fact-statistic/facts-statistics-uninsured-motorists 

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Contact Myers Law Firm

We are committed to continuing to serve our clients’ legal needs

Single Divider

We are able to meet with clients and hold consultations with prospective clients via telephone or video conference. If you need to contact us, please do not hesitate; we are happy to speak with you about your situation, your needs, and how we can help.

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Diminution in Value Claim

When a negligent driver causes a motor vehicle collision by wrecking another car, the innocent victims suffer many losses. One of these losses is a loss suffered by the owner of the vehicle: the loss in the value of the automobile. This claim is called a diminution in value claim and North Carolina law allows for compensation for the loss. For newer cars especially, these claims can be important. The negligent driver’s insurance company is not going to remind the owner/victim about this claim, so it must be brought to their attention.

 

What is the Claim?

The purpose of the claim is to replace what the car owner has lost. Under North Carolina law, the measure of damages in a diminution in value claim is the difference between the fair market value of the car immediately before the collision and the fair market value of the car immediately after the collision. The fair market value is determined by what a willing buyer would pay a willing seller.

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Why is This Necessary?

The rationale for the claim is that if there were two vehicles that were exactly the same in all respects (make, model, year, mileage, etc.), and one of the vehicles had been involved in a collision and repaired and the other had not, then a willing buyer is going to pay more for the car that has not been involved in the collision. Furthermore, under North Carolina law, if a car has been involved in a collision and repaired, and the cost of the repairs exceeds 25% of the fair market value at the time of the collision, then the owner must disclose the damage to a potential buyer or be subject to criminal penalties. This law only applies to cars that are five model years or less old. In addition to this criminal penalty, in my opinion if a seller of a car is asked by the potential buyer about prior damage and the seller commits fraud, then there could be civil penalties as well.

How is Fair Market Value Determined?

The fair market value should be determined by comparing the value of similar vehicles in the area with the current vehicle. This can be done through estimate websites (kbb.com or nada.com) or by talking with car dealerships about what value they would put on a car like the damaged car (without the damage of course) and the value they would put on the car with the damage. Sometimes, however, it will be necessary to employ an expert to do the comparisons and provide an opinion.

Under North Carolina law (N.C.G.S. 20-279.21(d1)), there is a designated procedure for an owner and an insurance company to request an arbitration-like procedure before going all the way to a trial. Under this procedure, the insurance company and the owner each hire an expert appraiser to determine the diminution in value suffered by the owner. These two experts get together and try to agree with each other. (This rarely happens because of the low value given to the claim by the insurance company expert due to the insurance company experts wanting to keep working for the insurance companies.) If they cannot agree, then the two experts appoint an umpire. The umpire reviews the basis for the opinions found by the two experts and either picks one or determines a value in between the two. The umpire cannot go above or below the two appraiser values. If either party is not happy with this procedure, they can then proceed to trial by notifying the other within 15 days.

 

Conclusion

When a negligent driver causes a collision, it is important that the innocent victims receive full compensation for all of the losses that are suffered. The diminution in value claim is often overlooked, but could be important to the owner of a vehicle. Insurance companies often give very low values for these claims, so it is important to be aware of the ability to hire an expert and to use the arbitration procedure allowed by North Carolina law before proceeding to trial.

References

Definitions, Article 1, Chapter 50, N.C. General Statutes. § 50-16.1A. (2015). Retrieved from http://www.ncleg.net/EnactedLegislation/Statutes/PDF/BySection/Chapter_50/GS_50-16.1A.pdf

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Contact Myers Law Firm

We are committed to continuing to serve our clients’ legal needs

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We are able to meet with clients and hold consultations with prospective clients via telephone or video conference. If you need to contact us, please do not hesitate; we are happy to speak with you about your situation, your needs, and how we can help.

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