People enter into contracts nearly every day without realizing it. Contracts are created and fulfilled from signing up for a new mobile phone plan to purchasing a house, buying a bag of groceries, and accepting a new job offer.
Contracts are integral to our lives and make our society operate as we know it. If we did not have courts enforcing all of our agreements that constitute contracts, life would be drastically different for all Americans.
But what exactly is a contract, and why are they so important? Let’s dive right into these questions.
At its core, a contract is an agreement between two or more parties that creates legal obligations to do or not do specific things. For a contract to be legally binding, it must satisfy a few fundamental elements:
Contracts play a pivotal role in our daily lives and the broader society for several reasons:
Knowing the significance of contracts in our daily lives enables us to make wise decisions. Knowing what you agree to is essential when signing a lease, starting a career, or hiring a contractor for home improvements. Always read the small print and get legal counsel if you have questions about a contract’s provisions.
Contracts are more than just written or verbal commitments, to sum up. They are essential instruments that promote responsibility and trust while protecting individuals and enhancing predictability. Remember that contracts can help us navigate our personal and professional lives more safely and confidently.
Contracts aren’t typically presented as formal agreements chock full of legalese. Instead, they appear in various shapes and forms and smoothly integrate into our daily lives. Take these agreements, for instance, which we frequently take for granted:
Contract disputes make up a large portion of civil litigation. While any contract can lead to litigation if one party fails to fulfill their obligations, some contracts are more frequently litigated than others due to the complexities involved, the high stakes, or the frequency of their use. Here are some contracts that are most often litigated, roughly in the order of what is generally seen in N.C. Superior Court:
Remember, regardless of the type of contract, disputes often arise due to unclear language, discrepancies between the parties’ understandings of the contract, or one party’s failure to meet their contractual obligations causing them to come up with all sorts of excuses why they should not have to live up to their end of the bargain. If you have questions about contracts or need help creating one, reach out to us as contract attorneys in Mooresville, NC. We will help in any way we can!
If you are interested in learning more about business contracts, Cornell Law School has a great resource to read!
If you, someone you care about, or perhaps your family business has been ‘injured,’ know you have legal options. Feel free to contact our professional trial attorneys at Grimes Yeoman, PLLC. We can help you navigate this challenging time and fight for the justice you deserve. This blog post is intended for informational and educational purposes only and does not constitute legal advice. The situations and facts discussed illustrate what the author believes to be sound and wise thinking, and they may not represent the specifics of your case. You should always consult with a legal professional about your unique circumstances.
Again, the Grimes Yeoman PLLC attorneys are here to help. Call us today if you believe you or someone you care about has suffered harm or an injury. Knowing your rights and having peace of mind can be as important as anything else, regardless of whether it involves a personal or business injury. Help may be only a simple phone call away.
The law has some strange words, no doubt. Some are very important, and one of these is “Tort.” In law school, entire claims are taught in “Tort Law.”
Further, this term frequently appears in legal conversations between lawyers and judges at the courthouse. But what exactly does this funny-sounding term mean to lawyers and the courts? Let’s delve into this today and demystify the “tort.”
Lawyers have used this word since well before North Carolina was a colony. It is derived from the Latin word ‘torture,’ which means “wrong,” “injustice,” as well as “twisted.”
In legal terms, a tort means a civil wrong where the law provides a remedy. It signifies a wrongful act leading to injury or harm for which the courts provide a remedy in the form of monetary or other damages. These damages typically involve financial compensation paid by the wrongdoer, also known as the ‘tortfeasor,’ to the injured party.
Torts fall under civil law, making them distinct from criminal offenses. While the latter often involves prosecution by the state to maintain law and order, the former is about one party seeking redress from another for personal harm or loss.
Torts apply to civil injuries to someone’s person and to their business or dignitary interests, among many other claims for injury. Some lawyers think of it as covering almost all other claims for damages that are not resulting from contract-based claims or injuries. And that covers a massive area.
However, the development of tort law in America started with our original adoption of English law and systems. However, it got a huge boost due to the industrial revolution, which brought about numerous changes, including harnessing significant capital to build businesses and modern life, more urbanization, factory work, and increased use of machinery. The new working conditions led to accidents and injuries, and the law had to adapt to address these issues, leading to the emergence and expansion of tort law as we know it today.
While tort law and contract law fall under the umbrella of civil law, each serves a distinct purpose and deals with different legal scenarios, fact patterns, and damages that a court can award.
Tort law governs situations where one person’s behavior causes injury or harm to another person. It often relates to how businesses treat one another and our citizens. So, it is a critical concept in personal injury law, but also just as important; it protects people from having their rights trampled all over by businesses, local, state, and national governments, and other people. So yeah: Tort law is very important for protecting us all!
The critical aspect of tort law is the concept of duty or responsibility that everyone in society owes to others, and it primarily deals with cases of negligence, like personal injury, medical malpractice, and defamation, among others.
Tort claims typically arise from breaches of duties that exist under society’s expectations rather than specific agreements. Contract law and claims deal with all the agreements everyone enters into daily with others.
A person may be held liable for a tortious act whether or not they intended to cause harm, provided their action or inaction fell below the required standard of care and directly resulted in damage or injury to another party.
Tort law aims to “make whole” the injured party by awarding damages that should, in theory, return them to their position before the tortious act occurred.
Contract law regulates agreements between parties and the obligations these agreements create. It comes into play when a party to a contract fails to fulfill their agreed-upon duties, known as a breach of contract. Each of us designs arrangements every day and is all around us. When you drop off your laundry, have your car repaired, or engage in one of many hundreds of standard arrangements where payment or a return promise is made for something received, you are involved in a legally enforceable type of contract, assuming that it meets all the basic definitions of a “bargained-for exchange” in the eyes of the law. Many agreements are verbal only and not placed in writing unless of a type of contract that requires writing, such as a promise to sell your home or to undertake something that the law feels is so important and where someone may lie, that clear writing of all basic terms requires being signed.
In contrast to tort law, contract law is designed to enforce voluntary promises between parties and provide a remedy when those promises are not fulfilled. The agreements made in a contract form the basis of obligations rather than societal expectations of conduct.
The main goal of contract law is to enforce the agreement between the parties. If a breach occurs, damages are awarded for placing the non-breaching party in the position they would have been in if the contract had been performed as agreed.
In summary, while tort and contract law provides a framework for assigning liability and awarding damages in cases of wrongdoing, they differ in the types of obligations they enforce, the nature of the relationships they regulate, and how damages are calculated.
Torts are generally categorized into three broad areas: intentional torts, negligence, and strict liability torts
To lawyers, torts represent a significant aspect of the legal landscape, forming the basis of many civil lawsuits. When clients approach them with a tort claim, they are tasked with proving that the defendant’s wrongful action led to their client’s harm or loss.
Courts, conversely, serve as the arena where these tort disputes are resolved. Judges and juries listen to the arguments made by both sides, consider the evidence, and decide whether a tort has been committed. If they find a tortfeasor liable, they determine the damages to be awarded to the injured party.
Even though the term ‘tort’ may sound strange, understanding its meaning is crucial. We encounter situations related to tort law more often than we realize, and a grasp of the concept may help us, as citizens, business owners, and in our daily lives and jobs, to understand our rights and responsibilities within society. If you find yourself a victim of a wrong or a civil tort, it’s essential to consult with a legal professional to guide you through the often complex landscape of tort law and to advocate for your rights.
To learn more about tort law, visit FindLaw.com or Law.Cornell.edu for more information on this topic.
In conclusion, while ‘tort’ might be a peculiar term to many, it is a fundamental concept in law, reflecting the societal belief that those who suffer harm due to others’ wrongful acts deserve a legal remedy. Whether it’s an intentional act, a case of negligence, or a situation of strict liability, understanding torts brings us one step closer to comprehending the fascinating world of law.
If your family business has been ‘injured,’ know that you have legal options, similar to personal injury victims. Reach out to a skilled commercial litigation attorney or civil litigation attorney in Mooresville, NC, such as the attorneys at Grimes Yeoman, PLLC, who can help you navigate this challenging time and fight for the justice your business — and your family — deserves.
This blog post is intended for informational and educational purposes only and does not constitute legal advice. The situations and facts discussed illustrate what the author believes to be sound and wise thinking, and they may not represent the specifics of your case. You should always consult with a legal professional about your unique circumstances.
Again, the Grimes Yeoman PLLC attorneys are here to help. Call us today if you believe you or someone you care about has suffered harm or an injury. Knowing your rights and having peace of mind can be as important as anything else, regardless of whether it involves a personal or business injury. Help may be only a simple phone call away.
The term ‘personal injury‘ typically conjures images of accidents, medical malpractice, or product liability issues leading to physical or psychological harm. However, what if the injury isn’t to a person’s body or person in the traditional sense, and instead, it relates to their family business?
What happens when a business, especially a family-owned one, suffers harm or injury that impacts the livelihood of its owners and their abilities to protect and “feed” their families as before the injury? That’s where commercial litigation steps in, acting much like a personal injury lawsuit but for businesses, seeking recovery and protection for the company and its owners and employees.
Commercial litigation is a broad term encompassing legal disputes related to business conflict resolution, whether outside or inside the court. These conflicts can arise from broken promises, business bullying, or mistreatment. These can involve one or more breaches of contract, partnership disputes, and even business torts, such as civil theft of business assets, misappropriation of business property, deceptive trade practices, or unfair competition. There are many different types of business torts under the laws of North Carolina.
While most people are familiar with personal injury cases that involve compensating individuals for their losses, it’s crucial to understand that businesses, too, can be ‘injured’ and deserve justice. When a company is harmed due to the illegal actions of another entity, the consequences can extend beyond financial loss, impacting the personal lives of business owners, especially in family-owned businesses, where every dollar counts, and owners’ and employees’ jobs can be on the line.
In family-owned businesses, the line between personal and business affairs often blurs. Often, the company isn’t just a source of income; it’s a legacy, a passion, and an integral part of the family’s life. It’s critical for all of the employees’ families too! Therefore, when such a business is harmed, the effects ripple through one or more families, causing emotional and financial distress, much like a personal injury.
The similarity between personal injury litigation and commercial litigation on behalf of an injured business lies in their core objective: to obtain compensation for the harm caused and restore the injured party as close as possible to their position before the injury.
In personal injury, the damage is often physical and psychological, leading to medical bills, pain and suffering, and loss of income. For commercial litigation, the ‘injuries’ may involve significant financial losses, broken agreements, lost business opportunities, loss or harm to business assets, and damage to the company’s reputation, among many recognized injuries under the law.
These losses can also extend into the personal realm of a family-owned business. For instance, financial loss can lead to lost income, inability to pay the family bills, and a much lower quality of life. Further, the stress involved can cause physical and health issues, psychological distress, and other harm similar to that experienced in personal injury cases.
Just as a personal injury lawyer fights for an individual’s right to compensation after an accident, a commercial litigation lawyer seeks justice for a business that has been harmed. Trial attorneys who litigate in the commercial arena are skilled in navigating the complexities of business law and are dedicated to ensuring their client’s rights are protected.
Commercial litigation trial lawyers work hard to understand the unique aspects of your family-related business, whether it does a multi-billion dollar of year business or it is a tiny startup business with dreams of growing more prominent, including the nature of the harm such large or small companies have experienced, and how it has personally affected the owners and their families. Commercial trial attorneys can provide valuable legal advice, devise a strategic approach, and represent such businesses and their owners in court, if necessary, to seek rightful compensation.
In conclusion, while personal injury and commercial litigation differ in their specifics, they share the same underlying principle: providing justice and compensation to those who have been wronged.
If your family business has been ‘injured,’ know that you have legal options, similar to personal injury victims. Reach out to a skilled commercial litigation attorney in Mooresville, NC, such as the attorneys at Grimes Yeoman, PLLC, who can help you navigate this challenging time and fight for the justice your business — and your family — deserves.
For additional information on personal injury and commercial litigation, you can refer to Justia, a trusted legal directory providing comprehensive resources in these areas of law.
This blog post is intended for informational and educational purposes only and does not constitute legal advice. The situations and facts discussed illustrate what the author believes to be sound and wise thinking, and they may not represent the specifics of your case. You should always consult with a legal professional about your unique circumstances.
Again, the Grimes Yeoman PLLC attorneys are here to help. Call us today if you believe you or someone you care about has suffered harm or an injury. Knowing your rights and having peace of mind can be as important as anything else, regardless of whether it involves a personal or business injury. Help may be only a simple phone call away.
By L. Charles Grimes, Esq.
In the vast landscape of business litigation, a critical yet often unexplained stage is the discovery process. Clients can learn what it is and what to expect during this stage.
This pre-trial procedure allows both sides to uncover relevant facts, assemble evidence, and devise litigation strategies. Understanding the role and impact of discovery is vital for any business owner navigating through significant litigation.
Discovery is a legal process used to gather information pertinent to the case. Occurring before the trial, it is essentially an exchange of relevant information and evidence between the opposing parties. This can involve written questions, document requests, depositions (verbal questions answered under oath), and sometimes physical or mental examinations. It’s designed to prevent a surprise at trial and allow both sides to know what to expect.
The discovery process can often be extensive in business litigation due to the complex nature of corporate disputes. The process is designed to level the playing field and ensure all parties can access the same information, promoting fairness in the ensuing litigation.
One of the crucial benefits of discovery is that it enables each side to assess the strengths and weaknesses of their case. By uncovering all relevant facts, parties can determine whether their position is as strong as initially believed or if potential issues could undermine their case.
Moreover, discovery allows parties to gather evidence to support their claims or defenses. This could include contracts, email correspondence, financial records, or other documents that bolster their case.
Finally, discovery can contribute to settlement negotiations. By revealing both sides’ evidence, discovery often promotes settlements by providing a realistic picture of what to expect at trial.
The information unearthed during discovery heavily influences the legal strategy in a business litigation case. Based on the facts and evidence, attorneys can adjust their approach to best advocate for their client’s interests. This could involve shifting the focus of the case, choosing to emphasize certain pieces of evidence over others, or even reconsidering settlement options.
For instance, if the discovery process reveals critical evidence supporting the opposing party’s case, the attorney may advise the client to consider a settlement rather than risk a loss at trial. Conversely, suppose the discovery process uncovers strong evidence supporting the client’s case. In that case, the attorney might proceed to go rather than settle.
Discovery also influences an attorney’s arguments at trial and the witnesses they might call. For instance, if an email chain unearthed during discovery shows an opponent making contradicting statements, it would likely affect the attorney’s approach and which witnesses to bring forward. Read this article to dive deeper and understand the discovery process.
The discovery phase of a business case is a necessary stage and an essential instrument for creating winning litigation strategies and promoting justice in the dispute resolution process. Discovery affects the litigation’s path and frequently has a considerable impact on how the case is ultimately resolved by highlighting the benefits and drawbacks of a case. This always holds true, from an early settlement to the conclusion of a protracted trial, but especially when discovery reveals that one party’s case is weak. Therefore, knowing how to conduct discovery is one of the many essential litigation methods that must be considered. Although the process can be drawn-out and occasionally tricky, professional lawyers can handle it easily, ensuring that all pertinent information is revealed and used wisely to the client’s advantage.
To read more from L. Charles Grimes, business litigation lawyer in Mooresville, NC, check out the blog post: The Power of a Phone Call.
]]>By L. Charles Grimes, Esq.
I have handled various complex cases and dealt with many high-stakes disputes since I started practicing law in 1989 as a business litigation attorney. My dedication to the rule of law and the pursuit of justice has led me to the courtroom many hundreds of times. I have spent years of my professional life as a trial lawyer in North Carolina, in other states, and even in other countries, arguing for my clients’ rights.
However, over all this time, I have found that often the most powerful tool at my disposal is also one of the simplest: a phone call. Sometimes the simplest things elude many of us. This can be especially true with opposing trial attorneys who often appear at first only to want to fight but can often become much less confrontational and more willing to try to engage in reasoning together once they are approached correctly.
Indeed, by setting aside cold emails and harsh demand letters back and forth, which often lack the human touch and appear only to be overly threatening, I have witnessed firsthand how a carefully crafted simple phone call can work wonders. Sometimes, a conversation can defuse tension, open doors for negotiation, and often lead to resolving a dispute without the need for costly and lengthy litigation. Why all trial attorneys don’t try to do this as much as possible still astounds me to this day.
For example, I recall one case in which I represented a set of clients entangled in a potentially explosive contract dispute with a huge out-of-state company. The tensions were as high as possible, tempers were flaring, and hurtful words like “fraud” were hurled everywhere. It seemed like the situation was destined to devolve into a bitter multi-year legal battle in Federal Court. Yet, before rushing to file a lawsuit, I contacted the opposing party’s attorney for a simple, straightforward phone call.
I prepared carefully as always in leading up to the initial conversation, and simply laid out my client’s position clearly and calmly. I listened to the opponent’s concerns and allowed them to express their perspective. We discussed potential solutions and started the process of negotiation. Most importantly, I showed them that we were open to a fair and amicable resolution – we weren’t just “out for blood.” Also, they fully understood that we were fully prepared, and would not just be walked over.
The outcome? Tensions were defused. The parties began to communicate more effectively. And ultimately, we reached a resolution that saved both parties significant time, money, and emotional stress. Everyone felt protected and, what is most important, respected.
This is not an isolated example. I have done this many times. One reason is that it often works, and the opposing attorney, particularly his client, wants to avoid fighting in court with me and my business litigation law firm, potentially for years. Another reason it is the right thing to do is so that my clients always know that I did all possible at each stage, using a carefully measured
strategic approach, to avoid a massive war for them, their business, their family, and most importantly, their mental well-being. And if that cannot work with my clients’ opponents, so be it. We will at least know we tried, and we acted with class and wisdom at each stage.
In my business law practice, I firmly believe that immediately turning the volume up to a 9 or 10 isn’t always the most effective or efficient way to achieve my client’s objectives. Sometimes, a volume of “2 or 3” – a quiet, reasoned conversation – can be just as powerful, if not more so. And it’s much less likely to result in burned bridges or lasting resentment.
When circumstances demand it, I will be ready to advocate aggressively in the courtroom. But I always remember that my ultimate goal is not just to “win” a legal battle at any cost. It is to secure the best possible outcome for my clients – in the courtroom, in negotiation, and beyond.
Being approachable, smart, and kind is certainly no weakness as a trial lawyer, and by far most trial judges see and know this when reviewing the case records and earlier communications themselves, clearly observing from the bench who has been most reasonable and fair but firm in getting to court. This approach and reputation in court as the well-reasoned parties with self-control not only conveys a great deal of charisma and class, but it is a huge positive in appearing before judges, in my experience. However, the opposite is not. Most high-stakes court cases involve at least one unreasonable “hot head” involved, and that is not me. However, if at the very beginning of the dispute resolution, a smart, reasoning, and more kindly approach will not work, then, of course, I go to court and obtain the justice that the law will allow my clients, and often do so swiftly when the case calls for it.
I have never shied away from a fight. As a trial attorney in court, I have tried many cases involving contract disputes, business torts, broken business bargains, governmental overreaching, land use disputes, wrongful takings by state and local governments, and many other civil matters. Each time, I have always been prepared to do whatever is necessary to ensure my clients’ rights are fully protected. But I also firmly believe that “just because you have a hammer, it doesn’t mean everything is a nail.”
Litigation in court is a tool, but it’s not always the right tool for the job. An initial one or two phone calls can often find out more about where a case is likely headed than many months of discovery and motions hearings – if that well-reasoned approach is handled correctly by an experienced trial attorney who knows the courtroom well, and how to avoid the time and expense of it when possible. I have seen those initial communications work near magic, and I highly recommend it as part of the art of trial lawyering at the highest level.
Disclaimer: This blog post is intended for informational and educational purposes only and does not constitute legal advice. The situations and facts discussed are for illustrative purposes to explain what the author believes to be sound and wise thinking, and they may not represent the specifics of your case. You should always consult with a legal professional about your unique circumstances.
]]>Anyone can be involved in a car accident, and the results can be disastrous. The effects of a motor vehicle collision can be extensive and protracted, ranging from material losses to bodily damage. Our personal injury lawyers at Grimes Yeoman are committed to assisting accident victims in obtaining the compensation they are due. The five most frequent reasons for car accidents will be covered in this blog post, along with self-protective measures.
One of the main reasons for car accidents is distracted driving. Anything that diverts your focus from the road, from texting to eating, might be risky. Keep your eyes on the road ahead at all times, keep your hands on the wheel, and minimize distractions to keep yourself safe.
Automobile accidents are significantly influenced by drunk driving. Your judgment and reaction time are hampered by alcohol, making it challenging to act swiftly and prevent an accident. Call a friend or a ridesharing service for a ride home if you think you may have consumed too much alcohol.
Drivers and other road users benefit from the protection of speed limits. You can lessen your risk of getting into an accident by adhering to the posted speed limit. Furthermore, you should always drive at a speed appropriate for the weather, be it rain, snow, or ice.
Tailgating, cutting in front of other vehicles, and making abrupt lane changes are all examples of reckless driving. These behaviors may raise the likelihood of an accident. To keep yourself safe, drive carefully and at all times abide by the traffic laws.
Another major factor in auto accidents is fatigue. To safeguard yourself, get enough of sleep before driving and abstain from driving if you’re feeling worn out. You are more likely to make mistakes and react slowly when you are fatigued.
A variety of information on auto accidents is available from the National Highway Traffic Safety Administration (NHTSA), including guidelines for driving safely and resources for accident victims. Here is a link to their webpage. Speak with a qualified personal injury lawyer after a car accident; it’s one of the most crucial things you can do. Read our blog post for more details on pursuing legal action. Our skilled personal injury attorneys in Mooresville, NC, are committed to assisting victims of auto accidents in obtaining the just compensation. Our team is available to assist if you or a loved one has been in a car accident.
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Workers’ Compensation is a form of insurance for employees who become injured due to work-related reasons. If you have suffered a work-related injury, it is essential to understand the workers’ compensation system in North Carolina and navigate the claims process. This blog post will discuss the critical steps in filing a workers’ compensation claim and how Grimes Yeoman can help.
The first step in filing workers’ compensation claims is to report the injury to your employer. You should report the damage within 30 days of the accident. Failure to notify the injury within 30 days may result in your claim being denied. You will need to use a Form 18 Report of Injury, the official form used to report a work-related injury, and mail it to the North Carolina Industrial Commission (NCIC). All current workers’ compensation forms can be downloaded from the NCIC website. It is important to review and follow the instructions on the website for filing. It is very important that a Form 18 is filed with the NCIC since failure to do so will mean that your claim has NOT been filed. Your employer should file a Form 19 upon notice of your work injury. The Form 19 is the official form used by the employer to report a work-related injury, but the Form 19 is not the filing of your claim; it is the Employer’s side of the paperwork. Remember, it is very important to file a Form 18, the employee’s report of Injury, to preserve your claim and rights of recovery. You will need to keep a copy of all documentation regarding your injury for records.
After reporting the injury to your employer, seek medical treatment. Make sure to inform the healthcare provider that your injury is work-related, as they may need to complete a Form 25 to document the treatment. You will need to be careful to describe your injury accurately. Just because you felt pain at work does not mean the injury is compensable under workers’ compensation. An injury is compensable if it arises from an accident occurring in the normal scope of your job duties. Generally, this means a trip, slip, or fall while you are on the clock. Keep copies of all medical bills and documents related to your treatment, as these will be necessary when filing your claim.
To receive workers’ compensation benefits, you must file your Form 18 documenting your claim with the North Carolina Industrial Commission (NCIC)within two years of the date of the injury, and failure to do so is a usual bar to recovery. Also, the commission requires the Form 18 to be filed within 30 days of the accident; however, there are exceptions to the 30-day requirement, such as lack of prejudice to the employer since they were of your injury. The 2-year filing requirement for filing a Form 18 is a firm deadline, except for nonapparent injuries or a latent occupational disease diagnosed later. An example of this exception is a claim for the development of Mesothelioma Cancer from asbestos exposure.
It is very important to comply with the treatment recommendations of your physician. For example, failing to attend physical therapy appointments could terminate your weekly compensation checks. If surgery is recommended, you are entitled to a second opinion. You usually cannot be forced to have surgery if you have fears of an adverse outcome, but certainly, failure to obtain treatment that could improve your condition is a factor that could reduce the amount of compensation you receive.
After filing a claim with the NCIC, you may be required to attend mediation. Mediation is a process where you and your employer will attempt to resolve any disputes related to your claim. A mediator will be present to help facilitate the discussion and guide both parties toward a resolution.
If mediation is unsuccessful, your claim may proceed to a hearing. A hearing is a formal proceeding where an NCIC deputy commissioner will hear evidence from you and your employer and decide on your claim. It is essential to have an experienced workers’ compensation attorney like Grimes Yeoman by your side to represent you during the hearing.
Navigating North Carolina workers’ compensation system can be complex and overwhelming, especially when dealing with a work-related injury. Our experienced workers’ compensation attorneys in Mooresville, NC, can help you understand your rights and navigate the claims process. For information on what to do immediately following a workplace injury, check out our blog post on “Workplace Injuries: What Should I Do if I’m Injured on the Job?” and learn how to protect yourself and your future. Contact us today to schedule a consultation and learn how we can help you get the compensation you deserve.
]]>After an accident, you may be wondering how long you have to file a personal injury claim. The answer depends on the applicable statute of limitations. A statute of limitations provides the time period in which an injured person has to file a lawsuit in order to protect the claim from being time-barred. Statutes of limitation are intended to require diligent prosecution of known claims to avoid issues that arise with memories fading and witnesses disappearing as time passes. For purposes of protecting the statute of limitations, the filing of a lawsuit is necessary, and it is important to properly name and sue the correct person or entity. Also, the defendant(s) must be properly served with the lawsuit and summons in order to comply with due process protections under the United States and North Carolina Constitutions. The key question, in any case, is when did the clock start running on this time period, also referred to as the cause of action “accrual date.” Often, it is the date of the accident, but sometimes it is later when the injured person discovers his or her injury.
The statute of limitations for personal injury or physical damage to property begins to run (accrue) when bodily harm or property damage “becomes apparent or ought reasonably to have become apparent to the claimant, whichever event first occurs.” N.C. Gen. Stat. § 1-52 (16). This is known as the discovery rule. An injured person might not always discover his or her injury right away. These are called “latent injuries.” For example, in a medical malpractice case, an injured person might not discover until sometime after treatment that he was injured by the treatment. In North Carolina, the clock does not start running on the statute of limitations until the injured person discovers the injury or should reasonably have discovered it; however, there are outer limits on when a claim must be asserted known as the statute of repose.
Even if the discovery rule applies and the injured person has not discovered the injury right away, a statute of repose may provide an additional time restriction on filing a claim. The term of “repose” imposes an absolute deadline for filing a lawsuit that is absolute and functions to give a defendant a vested right not to be sued if the plaintiff fails to file within the prescribed time period. Statutes of repose are intended to mitigate the risk of inherently uncertain and potentially limitless legal exposure. Because an applicable repose period begins to run automatically, statutes of repose give potential defendants certainty of when their legal exposure ends. For example, in a products liability case, the statutory period of repose is twelve years (12 years) and starts running when the product is purchased, even though the injury from the product may not happen until much later.
For minor children and “incompetents,” North Carolina provides an exception to the three-year statute of limitations on personal injury claims. The law considers minor children under the age of 18 and incompetents as defined by N.C. Gen. Stat. § 35A-1101(7) or (8) as “under a disability.” A minor child or incompetent who is injured in an accident may commence a lawsuit for his or her injuries within three (3) years after “removal” of the disability. In practice, this usually means that an individual who was injured in an accident as a child has three years following his or her 18th birthday to commence a lawsuit for his or her injuries. See N.C. Gen. Stat. § 1-17(a).
This is a basic primer on North Carolina’s statutes of limitations and repose for personal injury cases. However, applying and calculating your last date to file a claim is a highly fact-specific analysis, so you should speak to an attorney about the statutory period for filing your claim as soon as possible. Below is a helpful chart for personal injury state of limitations:
Type of Injury | Statute of Limitations | Statute of Repose |
Personal Injury | 3 Years
N.C. Gen. Stat. § 1-52.16 |
10 Years
N.C. Gen. Stat. § 1-52.16 |
Medical Malpractice | 3 Years1
N.C. Gen. Stat. § 1-15 |
4 Years
N.C. Gen. Stat. § 1-15 |
Wrongful Death | 2 Years
N.C. Gen. Stat. § 1-53(4) |
— |
Product Liability | 3 Years
N.C. Gen. Stat. § 1-52.16 |
12 Years
N.C. Gen. Stat. §1-46.1 |
Personal Property Damage | 3 Years
N.C. Gen. Stat. § 1-52.16 |
10 Years
N.C. Gen. Stat. §1-52.16 |
Worker’s Compensation | 2 years2
N.C. Gen. Stat. §97-58 |
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Our personal injury attorneys in Mooresville, NC, are experienced in analyzing the facts of a case and determining the appropriate statutory time limits so you can feel confident in your decision to seek compensation for an injury. For advice tailored to your specific injury and situation, you can call us at (704) 321-4878 or contact us online.
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Car accidents are never convenient and always result in stress and time away from your work and family. After the shock of the accident wears off, you have many issues to face from dealing with your damaged vehicle to getting appropriate medical care. If there is no dispute about whose fault the accident is, you may not need to hire an attorney and may be able to handle your own claim. This is an informational guide only and every case is different and must be evaluated on its own merits.
After an accident, you are immediately confronted with issues of transportation. Is your car drivable? Is it repairable or is it a total loss? Will the insurance company provide me with a rental vehicle while my car is being repaired?
Normally, property damage claims are handled easily and quickly, although sometimes there may be a delay if the insurance company needs to take statements from the parties involved or the witnesses. If the insurance company asks to take your statement, then you need to consult with an attorney first to be sure you know your rights before giving a recorded statement.
As a general rule, a vehicle is a total loss and will not be repaired if the cost of the repair exceeds 75% of the fair market value of the car. If you owe more than the vehicle is worth, then you will be responsible to pay off your vehicle loan unless you have gap coverage to pay off the loan amount owned after payment of the total loss. To receive a fair total loss settlement, you will need to research how much vehicles comparable to yours are being sold for in the 100-mile radius of your home. The insurance company normally hires an independent company to prepare a total loss valuation upon which they base their offer, and the total loss offer will need to include sales tax and license tag fees. You can certainly negotiate with the adjuster, but unless the valuation report fails to account properly for the condition of your vehicle or its upgrades, for example, custom wheel rims, then the insurance company will likely stick to its valuation offered. Please see our earlier blog on Property damage.
Loss of use claims can also be handled without hiring an attorney. The insurance company is responsible for providing you with a rental vehicle or paying you the average cost of a rental vehicle for the time your car is being repaired or for a reasonable time after the total loss is offered. Likewise, if you have receipts for transportation, save these and submit them to the insurance adjuster. If your car was towed and stored, then be sure the insurance company pays for these expenses.
CAUTION: When you resolve your property damage and loss of use claims, the insurance company should not ask you to sign a general release of claims. Be sure you do not sign any release of claims if you have any open claims for unreimbursed property damage or personal injury claims. If you have any concerns about what the insurance company is asking you to sign, then consult with an experienced personal injury attorney.
Generally, minor soft tissue injuries, such as strains or contusions, with only one or two visits to a doctor or hospital, can be settled by dealing directly with the liability insurance company. You would need to obtain a copy of your medical records and bills and provide them to the insurance adjuster. The insurance adjuster may ask you to sign a medical authorization release for obtaining your records directly from your medical providers but be careful because often these authorizations are overbroad and not limited in time or scope. An overbroad authorization may give the insurance company access to your past medical records, which may contain irrelevant and personal information you would rather not share with the adjuster.
One source of recovery for reimbursement of your medical bills is the medical payment (“Med Pay”) coverage under your automobile insurance policy. Med Pay coverage is listed under your Declarations of Coverage page of your automobile insurance policy. You will need to contact your insurance company as soon as possible after the accident to report the accident and set up a claim for your med pay coverage, and potentially uninsured or underinsured motorist coverage depending upon the circumstances of the accident and your injuries.
Lost wages for time out of work caused by your injury are recoverable at your gross wage amount before taxes are deducted. You will need to provide proof of your employment with either paycheck stubs or tax returns. If you are out of work for more than two weeks, then we recommend hiring a personal injury attorney to help with your claim.
Serious injuries requiring hospitalization, extensive treatment, and/or surgery, are claims normally best handled by a personal injury attorney. This is because you will have claims for pain and suffering, and potential claims for permanent impairment and future medical bills. There is no formula in North Carolina for determining how much your case is worth, and it will depend on several factors. Also, if the other driver’s conduct was grossly reckless, willful, or wanton, such as driving drunk, extreme speeding, or racing, then you may be able to make a claim for punitive damages. Punitive damages are damages meant to punish the defendant for grossly negligent, reckless, willful, and wanton misconduct that endangered your life. An experienced personal injury attorney will have knowledge and experience in handling serious and severe injury cases and can better advocate for a fair settlement on your behalf.
If you settle your claim without the assistance of an attorney, then you will want to be sure that the insurance company pays all liens, such as unpaid medical bills and all health insurance liens. Failure to properly resolve your liens could result in claims being made against you after your case is settled for unpaid bills or unsatisfied health insurance liens. Please see our earlier blog on medical liens. Because medical lines can be complicated, it is normally best to hire a lawyer to handle your claim if you have an expensive hospital bill or ambulance bill. An experienced personal injury attorney can help negotiate your liens after the case resolves.
By now after reading this guide, you can tell there are many stressful issues you will face if you decide to handle your own claim. Hiring an attorney will remove this stress from you, and attorneys can normally help guide you through your recovery and give helpful advice on how to handle bill collectors until your claim settles. Additionally, your attorney may be able to recommend a physician or chiropractor who can treat you on a lien basis if you cannot afford your co-pays or have no health insurance. Hiring an experienced personal injury attorney will result in less stress for you and allow you to focus on your recovery and getting better. Most personal injury attorneys work on a percentage contingency fee, meaning that they do not recover a fee until and unless your case settles or resolves by jury trial. The contingency fee is a percentage of the gross recovery.
Experience matters, and at Grimes Yeoman, PLLC, our personal injury lawyers located in Mooresville, NC, offer free case evaluations to help guide you through the process of deciding whether hiring an attorney would be in your best interest as opposed to trying to handle your own claim.
*Disclaimer: This guide is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.
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With the winter season upon us, be prepared for the challenges of driving in winter weather. Even in North Carolina, you should be aware of and prepared for the risks that winter weather poses to motorists. If you have been injured in a motor vehicle accident involving winter weather, you may have questions about how the weather conditions impact your potential personal injury claim. For safety tips and general information about winter weather and personal injury claims, read on!
The involvement of a winter weather hazard like snow or ice in a motor vehicle accident does not alone relieve a driver of liability. In other words, winter weather conditions are just one factor that will be considered when determining liability for an accident. Regardless of the road conditions, all drivers have a responsibility to use due care, meaning the care which a reasonable and prudent driver would have exercised under the circumstances.1 Drivers should consider the existing winter weather conditions when making decisions while driving and adjust accordingly. Determining liability can be complicated, so you should contact a personal injury attorney if you have questions about a specific motor vehicle accident.
During the winter months, it is important to stay tuned to changing weather conditions. Set alerts or check before heading out for winter weather advisories, winter storm watches, and winter storm warnings. In case of dangerous weather, the only way to be certain of avoiding an accident is to refrain from driving. Make sure your vehicle is ready for winter weather by checking that your tires are properly inflated and have plenty of treads. Carry a cell phone if possible and make sure it’s charged. The N.C. Department of Transportation advises that you prepare for a winter weather emergency by:
For information from NCDOT, check out their page on driving in winter weather.
If you decide to drive in winter weather conditions, slow down! You should adjust your speed down to take into account reduced traction due to snow or ice. Along the same lines, you should accelerate and decelerate slowly to avoid skidding. Remember that your braking distance will be longer on icy roads, so you should also increase your following distance, so you have plenty of time to stop. The North Carolina Department of Public Safety also recommends following these safety tips for driving in winter weather:
For more tips on safe winter driving, check out the NCDPS safety tips.
If you are in a winter weather accident, call the police or State Highway Patrol. It may not be safe to leave your vehicle. You may become disoriented and lost in blowing and drifting snow. If you are able to safely leave your vehicle and your vehicle is running, scrape away any snow or debris from the exhaust pipe to prevent carbon monoxide build up inside the car. Use a brightly colored cloth or flares if they can be placed safely to attract the attention of passing motorists and law enforcement.
If and when it is safe to do so, take photos and video of the accident scene, including damage to the vehicles involved. Take down the information of the other driver, any witnesses, and towing company. Be sure to contact your insurance company to notify them of the accident.
If you were in a winter weather motor vehicle accident in North Carolina and need advice specific to your situation, give the experienced personal injury attorneys at Grimes Yeoman a call at (704) 321-4878 or contact us through our website.
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