Do Pre-Existing Conditions Affect Personal Injury Claims and Settlements?

Do Pre-Existing Conditions Affect Personal Injury Claims and Settlements?
Pre-Existing Conditions: The General Rule
Common Pre-Existing Injuries That Are Aggravated by Car Accidents
Will My Pre-Existing Condition Affect My Car Accident Claim?
3 Tips for A Stronger Personal Injury Claim With A Pre-Existing Condition
“The Eggshell Skull Rule” or “Take Your Victim as You Find Him
Contact Myers Law Firm If You’ve Been Injured

Do Pre-Existing Conditions Affect Personal Injury Claims and Settlements?

Many discussions about personal injury claims start with the assumption that the victim was in a state of flawless health before their car accident.

In real life, however, this is rarely true. Most people deal with all sorts of health conditions—some major and some minor. So what impact do pre-existing conditions have on personal injury settlements and the compensation victims receive?

The answer: it depends. A pre-existing condition shouldn’t prevent you from seeking compensation. However, it’s important to establish your health status both before and after the crash in order to show how the accident made your symptoms worse.

This isn’t always easy to do, and unfortunately, insurance companies often take advantage. Pre-existing conditions are often used as an excuse to deny or reduce the value of legitimate claims.

Pre-Existing Conditions: The General Rule

In general, the victim in a personal injury case can only recover compensation for injuries, medical conditions, or symptoms that are directly caused by the accident. If you had an existing injury or medical condition that wasn’t affected by the crash, you aren’t entitled to compensation for it.

You are, however, entitled to receive compensation for pre-existing conditions to the degree that the accident made them worse. This is known as exacerbation or aggravation of pre-existing conditions. You may be able to receive compensation not only for physical ailments and injuries, but also mental health conditions like anxiety and depression.

The importance of determining the severity of a pre-existing condition both before and after an accident means that, in any personal injury case, the injured party will inevitably face questions about their past injuries or health conditions. Your attorney will try to establish the degree to which the accident worsened any conditions or injuries you had beforehand, while the insurance company will usually try to blame everything on any pre-existing problem they can find—no matter how minor or unrelated.

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Common Pre-Existing Injuries That Are Aggravated by Car Accidents

The sudden, blunt force of an auto accident often puts extreme stress on areas of the body including the spine, neck, and head. If you have a pre-existing injury in one of those areas, a motor vehicle accident can easily exacerbate the problem.

Some of the most common pre-existing injuries aggravated by car crashes include:

Prior head injuries such as a traumatic brain injury (TBI): If you’ve already experienced a TBI, you are more susceptible to future TBIs. Subsequent brain injuries are often more severe and sometimes lead to permanent damage.
Back and spinal cord injuries: A common pre-existing injury such as a herniated disc in your back can be aggravated or re-injured even in a small fender-bender.
Neck pain: Whiplash, or neck strain due to rapid head movement, is a common injury following a rear-end car accident. If you have any pre-existing injury to the neck or upper spine, a car accident is almost certain to make it worse.

If you have been seen by a medical professional for any of these injuries, those records and medical bills may be relevant to your car accident claim. A pre-existing condition like those listed above can cause additional trauma in the event of a car crash, and your personal injury claim will need to show how the accident made your condition worse.

Will My Pre-Existing Condition Affect My Car Accident Claim?

If a car accident aggravated your pre-existing condition, settlement negotiations with the insurance company will likely be complicated.

That said, you should never feel discouraged from pursuing compensation for your injuries just because of a pre-existing condition. In many cases, an injury victim who has received regular medical treatment will have an easier time producing concrete evidence of their medical history compared to someone who hasn’t seen a doctor in 10 years.

The compensation you may be eligible to receive for the aggravation of a pre-existing condition will depend on establishing the severity of that condition and how it affected your life before the accident. Fair compensation for a personal injury claim should include:

Medical expenses: When looking at treatment for a pre-existing condition, any treatment costs, consultations with medical experts, therapists, surgeries, etc. related to your accident should be covered if they are above and beyond what you had already expected to pay. For instance, if you are already in physical therapy, your bills would only be covered if you required extra physical therapy appointments.
Lost wages: if you missed work due to the accident or any medical appointments related to the accident, that monetary loss should be compensated with your claim.
Pain and suffering: You may seek compensation for lost quality of life. With a pre-existing injury, this will only be relevant to the extent that your quality of life was changed by the accident.
Property damage: This includes damage to your car in the event of an accident, and even personal belongings in the car.

Sometimes accident injuries can be more difficult to prove when you have a pre-existing condition. However, the injuries you suffer as an accident victim deserve fair treatment from the insurance company. You should not be afraid to seek out compensation for injuries following a car accident.

3 Tips for A Stronger Personal Injury Claim With A Pre-Existing Condition

The insurance company is looking to pay out as little as possible. This means the insurance company will search through your medical records for any possible evidence that of a pre-existing condition to blame for your injuries.

Here are a few tips to help you make your case as strong as possible:

Hire an experienced personal injury attorney to represent you. They will go over your medical history, including any information about pre-existing conditions, at the beginning of the case. Their experience in negotiating with insurance companies can be invaluable.
Be honest with your attorney. Let your attorney decide how to handle any information that might seem to complicate your claim rather than keeping such details to yourself. Failing to disclose a previous injury could damage your credibility, jeopardize your claim, and even expose you to legal action if the defense finds out about your omission.
Provide as many medical records as you can. Any documentation to show your health condition prior to the accident can be used to prove how things changed as a result of the accident. Even something as small as an existing injury involving knee pain can be affected by a car crash. While you may not have seen a doctor for lesser pre-existing injuries, physical therapy records can be enough to show how the car accident changed your injuries.

“The Eggshell Skull Rule” or “Take Your Victim as You Find Him”

One important legal concept has a rather unusual name: It’s often called the “eggshell skull rule.” It’s also known under a few other names, including the “take your victim as you find him or her” rule. In general, this rule applies to all personal injury cases, and it states that the relative frailty of the injury victim is not a valid defense against an insurance claim.

The rule’s name comes from an imaginary case that illustrates the core concept. Imagine a person who injured someone else, unaware that the victim’s skull was as thin as an eggshell. Such a condition would leave that person extremely susceptible to injury. According to the “eggshell skull rule,” the defendant is liable for all damages that stem from their wrongful actions, even though they had no idea about the victim’s condition and even though that condition played a role in the severity of the resulting injuries.

To use a few more specific examples, a person with a history of concussions might suffer a debilitating TBI in a crash that might not have caused a brain injury in a typical adult. Or, a person with osteoporosis might be at greater risk of severe bone fractures. According to the eggshell skull rule, the at-fault party can’t use the victim’s frailty to get out of paying for their damages.

The most important takeaway from this rule is that no victim should hesitate to contact an attorney if they were injured due to someone else’s negligence, regardless of the state of their health before the accident.

Contact Myers Law Firm If You've Been Injured

If you or a loved one has been injured due to someone else’s negligent actions, Myers Law Firm is here to help with aggressive, dedicated legal advocacy. We understand how your prior injury can affect your case, and we have extensive experience with cases where a defendant’s insurance company tries to avoid paying claims. When you choose us to represent you, we’ll put our years of experience and familiarity with local courts to work for you, and we’ll 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 our car accident lawyers. 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.

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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.

How Is a Family Business Like an LLC Treated in a Divorce in North Carolina?

Business Owners and Divorce
What is a Limited Liability Company (LLC)?
How Is an LLC Treated in a Divorce?
Protect Your Business in Advance
It’s Not Too Late to Protect Your Business
If the Divorce Process Has Already Begun
Hire a Lawyer—Whether You’ve Prepared or Not

Business Owners and Divorce

Getting divorced is usually challenging and stressful, even if the separation is an amicable one. And it becomes even more complicated for business owners.

If you own a limited liability company (LLC), you are probably wondering how those business assets are treated during your divorce proceedings.

Between understanding what property is subject to division and protecting your assets, there are numerous legal issues to consider when spouses separate in North Carolina. Fortunately, there are measures business owners can take to protect their business in the event of a divorce.

Keep reading to learn more about your options.

What is a Limited Liability Company (LLC)?

An LLC is a type of business designation used to protect your business and give you more control. For a family business, multiple people may be owners, or “members.” The portion each person owns is their membership interest. This ownership interest counts as personal property in the event of a divorce, unless some measures are taken to protect it as non-marital property.

A single-member LLC is a popular way to file a business. However, personal and business assets can seem like a gray area, since an owner is personally responsible for the business’s taxes and debts.

Families can create LLCs to ensure the family business is easily passed down to the next generation. A Family Limited Partnership offers protections for generational wealth, including a method to shield inheritances from taxes.

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How Is an LLC Treated in a Divorce?

The answer depends on when the LLC was formed, whether there are divorce protections in the LLC operating agreement, and each spouse’s interest in the company.

If your spouse has any membership interest, or even if they contributed to the LLC in any way, the interest in the LLC can be deemed marital property and therefore be subject to North Carolina’s equitable distribution state laws. This means the property, or the business interests, must be divided fairly between the spouses.

A fair division might depend on how much membership interest each spouse has. Some businesses are not easily divided. The divorce court may see fit for one spouse to buy out the other spouse’s ownership interest. In other cases, it may be possible to negotiate for one spouse to keep the LLC marital property in exchange for another valuable asset, like the house.

Protect Your Business in Advance

The best way to protect your business is to take proactive measures before you get married. No one expects to get divorced when they commit to marriage, but small business owners should consider taking steps to protect their LLCs before they become marital assets.

Build Your Business Ownership Strategically

As you launch your business, consider building in provisions that protect the company, such as in the LLC’s operating agreement. Creating an LLC (limited liability corporation) or C-corporation allows business owners to title real estate and property to the business. While your interest in the business may be marital property, creating a formal structure helps prevent individual assets owned by the business from being subject to division in the divorce settlement.

Sign a Prenuptial Agreement

Creating a prenuptial agreement might seem cold at first glance. However, this binding contract is an effective way to protect property acquired prior to the marriage. This agreement, which gets signed before the wedding, outlines what happens to property, businesses, assets, and income if the couple separates or divorces. A prenuptial agreement is especially useful if both spouses are entitled to LLC ownership, together or separately.

It's Not Too Late to Protect Your Business

If you’re a small business owner in North Carolina, you can still protect your business even if it is currently considered marital property.

Understand Separate vs. Marital Property

As estates are separated, it’s important to understand what property is considered individually held and what is shared. Any property that was acquired or grown during the marriage—including a business—is generally considered a marital asset even though it is only in the name of one party. Other marital assets include retirement account contributions made during the marriage, savings accounts, or the family car and home. All marital assets and debts are subject to division. North Carolina is an equitable distribution state, which means that divorce courts start with a 50/50 marital property division. However, you can still make arguments during negotiations and in court for an unequal division.

Separate property includes property owned prior to the marriage, one spouse’s inheritance received during the marriage, a business started before the marriage, or a business interest that is protected by an operating agreement ahead of time.

Create a Postnup

If you need to protect your small business but you didn’t implement protective legal measures before getting married, a postnuptial agreement is a good option. Like a prenup, a postnup is a signed agreement between spouses, but this type of agreement is signed after the marriage. A postnuptial agreement is a notarized document that can designate assets as separate property or outline how they are divided in the event of a divorce, including LLC membership interest. Creating a postnup with the help of an experienced divorce attorney is a good option for those interested in protecting their business after they’re married.

If the Divorce Process Has Already Begun

If you are already in the divorce process and have a small business like an LLC that is subject to division, you must have a value to assign to the business.

Obtain a Valuation for the Business

A business valuation determines the value of the business for property division purposes. As estates are divided during a divorce, knowing the value of the business (if they are considered marital property) is a critical factor for the division process. Businesses can be evaluated based on the value of tangible (savings, inventory, or equipment) and intangible assets (client relationships). The sum of any liabilities (loans, payroll, or anything else the business may owe) are subtracted from the value of the assets to determine the total value. The divorce court must receive a business valuation to include the business in the division of marital assets. Contacting a family law attorney who has experience working with small business owners minimizes the time, risk, and stress involved in the settlement agreement. They’ll know how to handle other members, co-owners, or your spouse’s contribution with the help of financial experts.

Hire a Lawyer—Whether You've Prepared or Not

Divorce can be emotional and messy. Having an experienced attorney on your side who understands the complexity of running a small business can make a difficult situation less challenging. A good lawyer can guide you through the valuation process, creating a postnuptial agreement, and property division, among other complicated aspects of your divorce case.

If you’re an LLC business owner in Mecklenburg County facing a divorce, Myers Law Firm is here to support you. We’re experienced, compassionate divorce lawyers with a proven track record, ready to advocate on your behalf. To schedule your initial consultation with one of our attorneys, please call our Charlotte office at 1-888-376-ATTY (2889) or contact us using our online contact form.

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 You Need to Know About North Carolina Child Support

Understanding Child Support in North Carolina
How Is North Carolina Child Support Calculated?
Are Child Support Payments Fixed Forever?
How Can I Stop Child Support Payments? Is There a “Secret”?
Contact Myers Law Firm for Help With Child Support

Understanding Child Support in North Carolina

When a marriage ends in North Carolina, or when unmarried people who have a child separate, both parents are responsible for providing support to their child or children.

However, the court generally assumes that the parent who has sole or primary physical custody of the child (the “custodial parent”) is paying child support “by default” — meaning that the custodial parent is most likely spending the required amount of financial support directly on the child as long as that parent is providing adequate day-to-day care.

The parent that the child or children spend less time with than the other parent (referred to in child support terminology as “non-custodial”), on the other hand, must usually pay child support in the form of cash, check, electronic payments, or income withholding under a structure determined either by the court or by mutual agreement between the parents. These monthly payments will usually continue until the child turns 18 and has graduated from high school, whichever is later, but in no event past age 20.

If you’re currently going through a divorce or you need to modify existing child support, you should contact the attorneys at Myers Law Firm right away. We have years of experience working with clients who are going through difficult times, and we’ll treat you with compassion and understanding as we fight to protect your rights during any family law negotiations and legal proceedings.

How Is North Carolina Child Support Calculated?

In most cases, a court in North Carolina will set child support according to a strict mathematical calculation established in the North Carolina Child Support Guidelines. This calculation takes several different factors into account, including:

The parents’ gross monthly incomes
Pre-existing child support obligations or other dependent children for whom either parent is responsible
Any work-related daycare or childcare expenses paid by the parents
Health insurance premiums paid by either parent for the child
“Extraordinary expenses” paid on behalf of a child, which can include things like expenses for visitation-related travel or private school tuition

However, you and your attorney can argue for a change from the guidelines — either for more or less support — if you can establish that the guidelines don’t apply to your situation or aren’t reasonable because of your unique set of circumstances. For example, necessary expenses or a child’s special education needs might provide a valid reason for the court to set support at a different amount than described by the guidelines.

In addition, as of January 2023, the basic child support schedule established in the guideline doesn’t apply if you and your separated spouse’s combined gross income is more than $480,000 per year ($40,000 per month). In these cases, the court will exercise its judgment and set support at an amount that meets the child’s reasonable needs.

Local court rules establish how you’ll need to prove your income and the child’s monthly needs and expenses for child support purposes. In Mecklenburg County, both parents must file a financial affidavit using a specific form.

Mecklenburg County also requires additional documentation to verify the figures in the financial affidavit, such as pay stubs, bank statements, tax returns, and receipts, so you should start saving any documentation of your income and expenses if you’re going through divorce proceedings or think that divorce may be a possibility.

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Are Child Support Payments Fixed Forever?

Regardless of how child support is initially set, the court always has the authority to modify the current child support order based on a Motion for Modification that can be filed by either parent.

If the court established the amount of child support by order in your case, you and your attorney will need to produce evidence of a substantial change in circumstances to successfully petition for a child support modification.

For example, if the child’s needs have changed and created an increased burden, or if either parent’s financial situation changed significantly, a judge might decide to modify the amount of court-ordered child support. Under the North Carolina Child Support Guidelines, the passage of three years and a 15% or more change in the amount of support is considered a substantial change.

If you and your former spouse established the amount of support through a mutual agreement, though, the court may decide to change the amount of support in this situation even without a change in circumstances.

However, the court will start with the presumption that the amount you agreed to is fair, and you and your attorney have the burden to produce evidence which shows that the amount of support in the agreement is unreasonable.

This means that if you agreed to a child support amount that turned out not to be fair and reasonable, you should contact an experienced attorney right away. They may be able to show the court that your current agreement doesn’t meet your child’s needs and help you successfully petition for a change.

How Can I Stop Child Support Payments? Is There a “Secret”?

One popular internet article about child support (which was not written by an attorney) is titled “Stop Paying Child Support: The Secret You Need to Know” This title is very misleading. There is no “secret” that will let you avoid child support payments. Trying to find a workaround or shortcut to stop paying court-ordered child support can lead to financial and even criminal consequences. The law treats the child support obligation as one of the most important obligations a parent has and will enforce the requirement to provide support for a child.

If the court has set child support and ordered you to make payments, you must make those payments. Stopping child support payments while a court order for child support is still in place can lead to extremely serious trouble.

If you don’t pay child support as ordered by the court, you could face serious consequences that might include:

Wage garnishment
Debt collection
Negative items on your credit report
Liens on your property and eventual seizure of property
Suspension of your driver’s license, recreational licenses, and professional licenses
Fines and penalties
Being arrested, held in jail, and sentenced to prison

In certain situations, it is possible to petition the court to terminate your child support obligation so you can cease child support payments or terminate child support withholding. Those situations include:

You can prove the child is not biologically related to you
Your child turned 18 and graduated from high school
Your child reaches the age of 20 (even if they are still in high school)
Your child enlisted in the military and is not a full-time student
Your child no longer lives with the parent who receives the child support payments
The child for whom support is ordered lives with you most of the time
You got back together with the parent who receives support and the two of you are now living together
The other parent agrees to stop the child support payments
Your child gets married
Your child was deported
A court legally emancipated your child
Your child dies

Even in the situations listed, you must pay child support until you successfully petition to terminate the child support order. You should never stop making child support payments if a court order for child support is still in place.

Contact Myers Law Firm for Help With Child Support

At Myers Law Firm, we understand that the end of a marriage or relationship is never an easy time for either party, 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 the major family law issues that surround the end of a marriage, including alimony, child custody, child support, property division, and divorce. 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.

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 committed to continuing to serve our clients’ legal needs

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How Are Truck Accidents Different From Car Accidents?

How Are Truck Accidents Different From Car Accidents?
What to Expect During a North Carolina Truck Crash Case
What Factors Can Affect Compensation in a North Carolina Truck Accident Case?
How Do You Determine the Amount of Compensation From a Semi Truck Accident?
Myers Law Firm: Fighting for Truck Crash Victims

How Are Truck Accidents Different From Car Accidents?

Devastating injuries, huge medical bills, permanent limitations—all this and even worse can happen when a large truck crashes into your vehicle. And if you were hit by a commercial truck, it likely won’t be a simple collision case. Instead, it could turn into something much more complex.

In this article, we’ll discuss the differences between truck crashes and car accidents, and we’ll also explain who can help after a wreck and how.

What to Expect During a North Carolina Truck Crash Case

Truck accident cases often seem like they should be straightforward, especially if you believe the truck driver was clearly at fault. You might even be tempted to settle quickly with the insurance company just to get the whole ordeal over with.

However, truck accident cases are rarely as simple as injured victims would hope. There are a few key differences between a truck crash case and the type of personal injury case you might experience with a passenger vehicle—differences that can make life very hard and stressful for victims.

Truck Crashes Often Cause More Damage Than Car Crashes

Big commercial trucks like 18-wheeers and tractor-trailers can weigh up to 80,000 pounds when fully loaded. When one of these massive vehicles crashes into a 4,000-pound passenger vehicle, the car absorbs the worst of the impact—often resulting in severe injuries or death for the people inside.

Unfortunately, these deadly wrecks happen far too often. According to the Insurance Institute for Highway Safety, 4,014 people died in truck crashes in 2020—an increase of more than 10% since 2014. Truck drivers accounted for 15% of those deaths, while 68% were occupants in passenger vehicles, and 16% were motorcyclists, pedestrians, or bicyclists.

Determining Liability in a Truck Crash Case Can Be Extremely Complicated

When a big truck causes a car accident, it can take a lot of investigation to figure out who’s responsible for your injuries and damaged property. While the fault in a typical car accident is usually assigned to one or both drivers, trucking accidents frequently have multiple contributing causes and at-fault parties.

Examples of factors that can contribute to truck crashes include:

Driver negligence, including driving while intoxicated or falling asleep at the wheel
Trucking company negligence (such as forcing drivers to cut corners or work long hours in violation of the law, or employing drivers who are unqualified or have committed multiple safety violations)
Improper loading that causes the truck to become unstable
Poor truck maintenance
Defective parts

Truck logbooks, black boxes, and maintenance records are meant to provide a detailed picture of the events and factors that led up to a crash. However, trucking companies do not have to maintain these records forever and will often destroy them to cover up negligence. To figure out who is responsible for your injuries and make sure all the evidence stays intact, you should contact an experienced truck crash attorney as soon as possible after a wreck.

The System of Laws and Regulations That Affect Truck Crash Cases Is Vast and Complicated

In a truck crash case, many different laws, regulations, and rules of legal procedure can affect your claim. Examples include federal trucking regulations, rules about when logs can be erased, and the process of filing claims with multiple parties. Navigating these complex requirements takes familiarity with truck crash cases and knowledge of the rules set out by the Federal Motor Carrier Safety Administration (FMCSA), the government agency that regulates commercial trucking.

Because commercial truck accident claims are so complex, the insurance company in your case will usually deny your claim right away—even if liability seems clear. The insurance company assumes investigating the crash and building your claim will turn out to be so complicated that you’ll get discouraged and give up. This is especially true in North Carolina, where rules of liability unfairly favor insurance companies over victims.

These types of insurance company tactics make it essential to have a seasoned and skilled North Carolina personal injury lawyer who understands every aspect of these complex cases. With the right knowledge and an aggressive approach, your attorney can help you act strategically and maximize your chances of recovering fair compensation from your truck accident claim.

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What Factors Can Affect Compensation in a North Carolina Truck Accident Case?

If you’ve been hurt in a trucking accident that wasn’t your fault, you shouldn’t have to pay for your medical care or damaged property out of your own pocket—especially considering how these costs can quickly add up after a devastating crash.

With the help of an experienced personal injury attorney, truck accident victims can seek compensation for:

Medical expenses, including medical bills and travel costs for treatment
Lost wages from not working
Pain and suffering
Physical therapy and other rehabilitation
Home modifications to accommodate mobility devices
Medications
Property damage
And more, depending on your case

If you have questions about your personal injury case or what costs you’re eligible to receive compensation for, you should contact an experienced truck accident attorney. An experienced lawyer should be able to help you understand your case value and your legal options for recovering damages.

How Do You Determine the Amount of Compensation From a Semi Truck Accident?

Injured victims often want to know how much they should get in compensation after a truck accident. In this section, we’ll discuss some factors that can affect the amount you might receive in a settlement if you’ve been injured.

Truck Accident Settlement Amounts Depend on Damages

The amount of money you can receive from a personal injury claim depends on your damages, which are all the costs and losses you’ve suffered. These are different in every single case, which means that the settlement amount of every case is different.

When you look at everything that’s happened after a wreck, it might seem overwhelming or even impossible to figure out all the ways the accident has cost you or negatively affected your life—and then put a dollar figure to it all.

However, an experienced personal injury attorney should be able to accurately estimate your damages, even in a highly complex truck crash case. In doing so, they will break down your damages into three different categories.

Economic damages: These are the direct costs of an injury that can be proven through a paper trail. Economic damages include expenses like medical bills for emergency care and doctor visits, surgeries, medications, and physical therapy. Other types of economic damages can include lost wages, home and vehicle modifications to accommodate crash-related disabilities, and future lost wages (or earning potential you’ve lost due to the wreck).
Non-economic damages: Not all costs and losses from a truck wreck show up on a medical bill or receipt. Truck accident victims often experience significant pain and suffering damages, and they’re entitled to compensation for those damages. While economic damages are often more obvious and easier to calculate, non-economic damages are just as important and can lead to significant compensation. Examples of crash-related experiences that might lead to non-economic damages include:
- Physical pain from your injuries
- The inconvenience of having to deal with your injuries and going to medical visits
- Panic attacks or post-traumatic stress disorder
- Anxiety or depression
- Loss of companionship, enjoyment, or happiness
Punitive Damages: When injuries occur due to a defendant’s malicious or extremely reckless actions, courts can impose additional punitive damages to punish the defendant and deter other people from engaging in this type of behavior. Punitive damages are rare in truck accident cases but might come into play if, for example, the driver was heavily intoxicated or the trucking company put a poorly maintained and dangerous truck on the road.

Truck Accident Settlement Amounts Tend to Be Higher Than in Car Crash Cases

The amount of compensation in an injury case is directly tied to the severity of the injuries. Compared to typical car accident cases, truck accidents often lead to higher compensation amounts for victims.

There are two main reasons for this. First, truck accident victims often suffer catastrophic injuries with lifelong consequences. And second, trucking companies are required to carry insurance policies with much higher coverage limits than most ordinary drivers would have. So, victims generally have more damages, and the insurance policies generally have higher limits to pay for those damages.

However, truck accident victims and their loved ones aren’t receiving financial windfalls—they’re severely injured and being compensated for the devastating costs of another person’s negligence. And often, victims and their attorneys have to fight hard for this compensation because the insurance company refuses to make a fair settlement offer.

Myers Law Firm: Fighting for Truck Crash Victims

At Myers Law Firm, we understand how challenging it is to recover from a traumatic accident involving a semi-truck. We’re dedicated to making sure you get the compassionate, tenacious representation you need to obtain a fair settlement so you can focus on healing and recovery.

If you or someone you love has been hurt in a truck accident, get in touch now and schedule your free consultation. During your consultation, one of our attorneys will listen to your story and then explain your rights and your legal options for compensation.

To schedule your consultation today, call us at 888-376-2889 or use our quick and easy online contact form.

Reference

Insurance Institute for Highway Safety. (2022, May). Large Trucks: 2020. (Fatality facts). Ruckersville, VA: Insurance Institute for Highway Safety. Retrieved from http://www.iihs.org/iihs/topics/t/large-trucks/fatalityfacts/large-trucks

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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7 Mistakes That Can Hurt Your Child Custody Case

7 Mistakes That Can Hurt Your Child Custody Case
How Do Judges Arrive at Custody Decisions?
#1: Refusing to Cooperate or Compromise With the Other Parent
#2: Withholding Visitation From the Other Parent Without an Urgent Reason
#3: Fighting With or Talking Badly About the Other Parent in Front of Your Children
#4: Exercising Poor Judgment on Social Media
#5: Disobeying a Court Order
#6: Not Taking Notes
#7: Not Hiring an Attorney to Represent You
Myers Law Can Help You Understand Your Case

7 Mistakes That Can Hurt Your Child Custody Case

It can be hard to handle the emotional stress of a separation, especially when child custody is involved. The legal aspects often intertwine with the personal issues that led to the end of the relationship, and arguments over child custody only complicate the situation further.

Even though custody of a child can involve strong emotions and convictions, it’s important to keep in mind that your actions can have an impact on your child’s well-being and your ongoing relationship with them. Letting negative feelings lead to destructive behavior or poor judgment is a quick way of painting yourself in a negative light before the judge and at a disadvantage in court.

With that in mind, we’ve compiled a list of seven things you shouldn’t do if you want a positive outcome for your child custody case.

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How Do Judges Arrive at Custody Decisions?

It’s good to begin with an understanding of how custody orders take shape. There are two aspects to child custody: legal custody and physical custody. You can share them with the other parent, called joint custody, or split them, with one parent having primary custody.

Legal custody is the ability to make major decisions that affect the child’s life. This includes choices about religion, medical treatments, or schooling. Physical custody defines where the child will live—either split between both parents or with one having primary custody while the other has secondary custody or visitation rights. The breakdown of legal custody and the schedule of physical custody may be called the parenting plan or custody plan.

The “best interest of the child” is what a judge will have to determine when making a ruling on a custody plan. This is a very broad topic, and the judge has a lot of discretion in making a final determination. There are some general factors the judge will consider:

Relationships: A child should be able to maintain relationships with people in their life like their non-custodial parent, extended family, and positive influences in their school or community.
Development: A child needs support to grow and mature, and those in charge of their care will likely need to nourish them mentally and physically.
Safety: An essential part of the decision is keeping children away from harm. Drugs, abuse, domestic violence, or a criminal record could keep one parent from earning custody.

With these priorities in mind, here are seven mistakes that can hurt your child custody case.

1. Refusing to Cooperate or Compromise With the Other Parent

Even though you may have strong negative feelings about your former spouse or partner, one of the biggest mistakes you can make is putting those feelings above the best interests of your children. Refusing to communicate reasonably could make the judge think that your desire to hurt the other parent is greater than your desire to be a positive role model for your child.

Instead, try to keep an open and constructive dialogue with the other side. If emotional factors make it hard to do this, consider hiring an experienced family law attorney who can handle communication for you and provide valuable advice about when to compromise and when to take a stand.

2. Withholding Visitation From the Other Parent Without an Urgent Reason

In general, the court will not look kindly on any attempt to cut off the other parent from seeing their child without the support of a court order. Of course, there are times when you can’t wait for a court order. If the other parent or the environment poses a danger to your child, like if you suspect physical abuse or unsanitary living conditions, then you may have grounds to refuse visitation.

However, such instances are limited to real and immediate threats. Stopping visitation as a penalty for other matters, like missing child support payments, can end up making situations more complicated and put you in contempt of court. You should always consult an attorney before attempting to violate a visitation schedule the court has laid out if it’s not an absolute emergency.

3. Fighting With or Talking Badly About the Other Parent in Front of Your Children

Again, the welfare of your children should be your main concern, which means you can’t afford to drag them into any negativity between you and their other parent. Even if your ex-spouse or ex-partner seems impossible to get along with, it’s important to take the high road whenever you can and conduct yourself in a compassionate and collected manner.

If the other parent refuses to do the same, this could boost your chances with the judge. Meanwhile, if you sink to their level, then you pass up a valuable opportunity to show the court you’re better equipped to look out for your child’s best interest.

4. Exercising Poor Judgment on Social Media

Social media accounts can seem like a private space to vent frustrations and receive support from friends. The reality is that these accounts are public, and anything you post on them could come up in court. Posts that could lead the judge to form a negative opinion about your conduct or your influence on your child can be very damaging to your attempts at a favorable custody ruling from the judge:

Pictures of you intoxicated or using illegal drugs
Lies or abusive comments
Disparaging statements about the other parent

In general, a good guideline is that you shouldn’t put anything on social media that you wouldn’t want on display in open court. However, do not delete something that can count against you if you have already posted it. The post in question may be evidence, and you could face legal consequences for trying to get rid of it. Instead, discuss the post with your attorney, who may be able to prevent it from being admitted as evidence or reduce its impact by reasoning with the judge.

5. Disobeying a Court Order

If you violate the temporary orders or disobey any directions from the court, the judge will take this as a sign of disrespect for their authority, and you could be held in contempt of court. As you can imagine, that won’t help you when it comes time for the judge to decide your case.

When first determining the custody of your child, the judge may order a temporary schedule for custody, or you may sign a consent order for temporary custody. Your options to change it can be limited, and the court will require you to follow the arrangement. Even though it is an agreement, once the judge signs it, it becomes a court order that you must follow.

6. Not Taking Notes

If the other parent engages in any of the behaviors mentioned in this article, you should bring this to the judge’s attention. But it won’t help if you don’t have a detailed record of the events. In court, terms like “a while ago” and “this one time” don’t carry much weight. If you want to bring an incident to the court’s attention, you should be prepared to state an exact date and time along with as much detail and documentation as possible.

To make this easy, get in the habit of keeping a journal for your custody case. This can be a notebook where you write down events and dates or an app on your phone where you can store notes. Here are some tips:

Be Consistent: Take notes during every interaction with the other parent, making sure to write down details if they do something you believe is inappropriate or detrimental to your child’s welfare.
Be Cooperative: You can also use your journal to document positive events, such as constructive activities you did with your child during visitation time or how you cooperated with the other parent.
Be Comprehensive: Wherever possible, take photos to corroborate your journal and make a note of anyone who was there to witness the events to bring along to family court.

7. Not Hiring an Attorney to Represent You

A child custody and visitation case can feel like a maze of legal paperwork, court dates, and visitation schedules. Missing even a single detail in any of these areas can have a negative impact. Your relationship with your child is too important to risk letting that happen in a child custody case.

To avoid that risk, you should look for an experienced family law attorney who can argue on your behalf in court and keep track of all the various filings, dates, and requirements. An attorney can also use their experience to present your case before the judge in a clear and compelling fashion and communicate with the other side so that personal emotions don’t get in the way of what’s best for your child.

Myers Law Can Help You Understand Your Case

Myers Law Firm has over 60 years of combined experience with family matters, including child custody cases. Our team can look at the details of your unique situation and offer assistance to address your circumstances and meets your needs.

Call us at (888) 376-2889 or complete this brief form to schedule a free consultation.

References

Child Welfare Information Gateway. (2020). Determining the best interests of the child. Washington, DC: U.S. Department of Health and Human Services, Administration for Children and Families, Children’s Bureau. https://www.childwelfare.gov/pubpdfs/best_interest.pdf

N.C. Gen. Stat. § 50-13.1

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

Here’s What You Should Expect in a Personal Injury Deposition
What Is a Deposition?
Why Is a Deposition Important?
What Can You Expect From a Deposition?
Deposition Details: How to Conduct Yourself
Myers Law Firm: Your Personal Injury Advocates

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.

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.

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What to Do When Your Spouse Serves Divorce Papers

What to Do When Your Spouse Serves Divorce Papers
What Are “Divorce Papers,” Anyway?
What to Do If You’ve Been Served
Contact Myers Law Firm If You’ve Been Served with Divorce Papers

What to Do When Your Spouse Serves Divorce Papers

If you’ve been served with divorce papers, you may be feeling upset or even overwhelmed. However, understanding some of the initial steps that you’ll need to take may help you clear your thoughts and plan for what’s ahead of you. In this article, we’ll explain what you should do in the days and weeks after you’ve been notified of divorce proceedings.

What Are “Divorce Papers,” Anyway?

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Most adults understand the general idea of being “served with divorce papers,” but few people know exactly what those papers entail or what they mean from a legal standpoint. So what are divorce papers, exactly?

Divorce papers in North Carolina actually consist of two items: a summons and a complaint. The summons is a paper that lets the defendant (the person being served) know that they are being sued, and it also asserts the court’s power to hear and determine the case in question. In addition, in North Carolina, the summons states that you must respond to the complaint with your written answer within 30 days by serving the plaintiff or the plaintiff’s attorney and filing the answer with the Clerk of Court.

The complaint is the pleading that the other spouse filed to initiate the divorce process. (In many other states, this item is called a “petition for dissolution of marriage.”) This document includes most of the important information about the divorce filing, such as:

The names and the county and state of residence of both spouses
The date and place they were married
The names of any children of the marriage who are under 18
An acknowledgement that the petitioner or their spouse have lived in the state or county for a certain amount of time prior to the filing of the complaint (in North Carolina, either the plaintiff or defendant must have resided in the state for at least six months prior to the divorce action.)The claims that the plaintiff is asserting, which may include:

Absolute divorce (the parties must have been separated for more than one year);
Custody or visitation;
Equitable distribution (which is the same as property division);
Alimony/spousal support.

Note that in North Carolina, you must be separated for at least a year before you can file for divorce. However, you can still file a lawsuit for the other claims at the time of separation, or in some cases, before you separate. A lot of people use the term “divorce papers,” even if they have only been sued for custody, support, property division or alimony.

Like most legal documents, divorce papers are not necessarily designed to be user-friendly. Even though all of the critical information is there, it’s easy to miss things if you’re not an attorney, and you may find it difficult to get a full understanding of your legal situation just by reading over these papers. This is one reason why it’s important to contact an experienced family law attorney as soon as you’re served divorce papers.

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What to Do If You’ve Been Served

Being served with divorce papers can create a rollercoaster of emotions — especially if the filing is unexpected. However, it’s important to keep a clear head during this time, as the actions you take in the aftermath of a divorce filing can have a major impact on your legal case.

While you may feel tempted to contact your spouse after being notified of a divorce filing, you need to resist this urge at all costs. Instead, seek support from family and friends as you collect your thoughts and let the initial impact settle. Lashing out at your spouse or trying to make arrangements off the record can negatively impact your legal case and will only make things more difficult for you in the long run.

Likewise, talking badly about your spouse in front of children of the marriage is never a good idea, and you should never put your children in the middle of the dispute between you and your spouse. Such actions could affect your children negatively and impact your relationship with them. It will also cause the court to look unfavorably on you during court proceedings, and the problems this can create for your legal case will almost certainly make you regret it later.

Once you feel that you’ve collected your thoughts and come to terms with your initial feelings about the divorce, it’s time to take some practical steps to address your legal situation. At this time, you should:

Make note of the deadlines. If you’ve been served with divorce papers, the summons should tell you how many days you have to respond by filing your own papers with the court. In North Carolina, you will have 30 days to respond, and you can also petition for an extension that will grant you an additional 30 days.
Contact an experienced family law attorney right away. You may be tempted to represent yourself during a divorce in order to save money, and this might make sense if you have very little in the way of assets at stake in the divorce. However, representing yourself in cases where important assets and financial consequences are on the line — including property, inheritances, child support, and/or alimony — can prove extremely costly if you make a mistake.In addition, a contentious divorce that involves various types of assets can quickly create an overwhelming workload for a person who tries to represent themselves. This can take up large amounts of your time and leave you feeling overextended, which can both add to your stress and make it even more likely that you’ll make a mistake. Working with an attorney who has experience handling divorce cases is the best way to make sure that your case proceeds smoothly and that you meet all deadlines and filing requirements.
Start getting organized. The court will ask for a lot of information from you during the divorce process, so it’s a good idea to begin compiling and organizing your records as soon as possible after you receive notice of divorce proceedings. In addition, this is a good time to undertake financial preparations, such as eliminating joint financial accounts and moving your finances to personal accounts.

Your attorney will be your most important resource and ally during this preparation process, as they can tell you what information you’ll need and help you to gather it. Although an exhaustive list of documents you’ll need to give to your attorney would be very long, examples of some of important documentation generally includes:

Any documents that can establish your income and financial status, such as bank statements, retirement account statements, tax returns, credit card statements, loan documents, and any other paperwork that can show the court your assets and debts
Birth certificates, medical records and bills, and insurance cards for any children of the marriage
School and daycare records for any children of the marriage as well as any bills that demonstrate the costs associated with education or daycare
Any documentation that demonstrates your past and ongoing involvement in your children’s lives

Although it’s understandable to experience a wide range of emotions when you’re served with divorce papers, remember that this is a critical time in your legal case, so it’s important not to panic or act rashly. Instead, you need to contact an experienced family law attorney who can guide you through the upcoming process with a legal strategy that protects your rights and interests along with your children.

Contact Myers Law Firm If You’ve Been Served with Divorce Papers

At Myers Law Firm, we understand that the end of a marriage is one of the most difficult events that a person can experience, so we approach every family law case with empathy and understanding to look for common ground. While we pride ourselves on our negotiation skills and will work to reach a viable compromise with the other side, we are also prepared to stand up in court and fight for your rights aggressively whenever the situation calls for it.

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, property division, and divorce. 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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5 Critical Steps After a Car Accident

Steps to Take Both at the Scene of the Accident and in the Days Afterward
At the Scene of the Collision
In the Days After Your Car Wreck
Myers Law Firm: Here When You Need Us Most

Steps to Take Both at the Scene of the Accident and in the Days Afterward

In the minutes, hours, and days after a car accident, your mind will be whirling with memories and “what-ifs” as well as the seemingly endless to-do list related to your medical needs, financial considerations, and legal case.

While calling 911 and checking your car for damage might come to mind easily, other important steps to take after a collision are not as straightforward.

Below, we’ve compiled a list of important steps to take both at the scene of the accident and in the days afterward. You may even want to bookmark this list or print it out and keep it in your vehicle in case the unexpected does happen and you find yourself involved in a crash.

At the Scene of the Collision

1. Ensure everyone’s immediate safety if you can. Move any vehicles that can be moved to the side of the roadway. Otherwise, use cones, flares, and/or other indicators to draw attention to vehicles that are stuck in the road. If you’re waiting for help in an immobile vehicle, make sure to keep your seat belt buckled and turn on your hazards.

2. Call 911 to bring emergency personnel and police to the scene. Even if there are no obvious injuries, it’s important to notify the police of the accident. Getting a police report on file is a crucial step after a car accident.

3. Exchange essential information with other drivers, including names, addresses, phone numbers, insurance information, driver’s license numbers, and license plates. You should avoid discussing the details of what happened, however. Take special care to avoid statements that could be interpreted as admitting fault for the accident or speculating about who is at fault.

4. Document the circumstances of the accident and conditions at the scene by writing down details and taking pictures with your cell phone or a camera. If any witnesses are present, ask for their essential contact information.

5. If you don’t require emergency medical treatment, make a doctor’s appointment right away if you have any injuries, even minor ones. There may be underlying medical issues that need to be addressed, and you should receive prompt medical treatment for any In many cases, the full extent of your injuries may not show up until later in the day or even the next day. A lot of people try to “tough it out,” but this may make things worse. Your health is your number one priority and you should address it sooner rather than later.

As a secondary concern, if someone else was at fault for the wreck, you may be entitled to compensation for your medical bills, lost wages, and pain and suffering, but you need a prompt medical evaluation to relate the injuries to the wreck.

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In the Days After Your Car Wreck

Obviously, there’s a lot to deal with after a wreck, even after you’ve taken the above steps. The next important move is to contact an experienced personal injury attorney for a free consultation about your case. Your attorney can give you an honest evaluation of your legal case and inform you about your options at no risk to you, and after you hire them, they can investigate your case and keep track of all the complex details that are involved in a personal injury lawsuit. They will also deal with the insurance companies for you, which can remove an enormous source of stress and allow you to focus on your physical and mental recovery.

During this time, you should also pay close attention to your body and any injuries or symptoms you experience, making sure to report everything to your physician. Not all symptoms show up right away after a car accident; complications that appear or get worse over time can include pain, dizziness, and numbness. For both medical and legal reasons, it’s critical to see a doctor anytime you’re experiencing anything out of the ordinary with your health in the days and weeks after a car crash.

Myers Law Firm: Here When You Need Us Most

The experienced personal injury attorneys at Myers Law Firm are committed to helping injury victims in the wake of traffic accidents and whenever our advice and advocacy are needed. If you or someone you love has been injured in a motor vehicle accident, please contact our offices to set up a free, no-risk consultation and learn about your legal options. To get in touch with us right away, complete the contact form on our website, or call 888-376-2889.

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

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Who’s Right? North Carolina Right of Way Laws for Pedestrians

Pedestrians Crossing the Road
6 Common Pedestrian Right of Way Situations, Explained
North Carolina Negligence Laws: Why Right of Way Matters for an Injury Claim?
Myers Law Firm: Standing Up for Victims of Pedestrian Crashes in North Carolina

Pedestrians Crossing the Road

The Department of Motor Vehicles reports that pedestrian fatalities in North Carolina have been on the rise for the past 10 years — up 54% since 2009 and up 13.4% from 2017 to 2018.

Since pedestrians are some of our most vulnerable road users, it’s important for drivers to always be on the lookout for pedestrians crossing the road. It is likewise important for pedestrians to be aware of the rules that keep them safe and their rights when injured by a negligent driver in North Carolina.

Keep reading to learn the right of way laws in six common pedestrian crossing situations and how these rules could affect your car accident personal injury claim.

6 Common Pedestrian Right of Way Situations, Explained

There are several laws that govern whether pedestrians or drivers have the right of way in various situations. In these next sections, we’ll break down each of these laws as described in a few different common pedestrian scenarios.

1. “Walk” Signals at Intersections

Some intersections have designated pedestrian walk signals giving pedestrians the right of way when the signal says “Walk.” All drivers must yield to the pedestrians when they have a “Walk” sign, even if the light is green for the driver.

For example, when a driver has a green light but is turning right through a crosswalk, the pedestrian and the driver both have “green lights” to go, but the driver must yield.

2. No “Walk” Signals at Intersections

Similar rules apply when an intersection does not have a designated pedestrian signal. The only difference is that the pedestrian must instead obey the streetlight signals for traffic heading in the same direction. If the pedestrian is walking north and the drivers headed north have a green light, then the pedestrians also have a green light.

3. Unmarked Crosswalks

If there is a sidewalk that ends at an intersection but continues on the other side, the area between the two is an implied crosswalk — even if there are no lines. Although unmarked, pedestrians still have right of way rights.

4. Mid-Block Crosswalks

Often seen in downtown areas, mid-block crosswalks occur at non-intersections and rarely have designated pedestrian walk signals. Right of way laws consider these crosswalks the same as intersection crosswalks, meaning drivers must yield for pedestrians standing at or crossing a designated crosswalk.

5. Highways

Drivers have the right of way on a highway. Pedestrians should try to avoid having to cross highways as there is no designated crossing area. Vehicles traveling at highway speeds cannot safely stop for pedestrians. It is the pedestrian’s duty to pay attention when crossing a highway and only cross when it is safe to do so.

6. No Crosswalk

If there is not a crosswalk nearby, or if a pedestrian chooses to cross where there is not a crosswalk, the drivers have the right of way. Pedestrians must use their best judgment and only cross when safe. Pedestrians should not expect vehicles to stop in the middle of the road for them.

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North Carolina Negligence Laws: Why Right of Way Matters for an Injury Claim

North Carolina is one of only five states that follow the law of contributory negligence when determining a victim’s right to compensation.

What Is Contributory Negligence?

Contributory negligence is the harshest of our country’s negligence laws. In states that follow contributory negligence, if a jury finds that an injured victim is partially to blame for the accident, they will be unable to recover compensation for their injuries — even if the driver was mostly at fault for the car crash.

What Pedestrian Crossing Actions Could Count as Contributory negligence?

- Choosing to cross without a crosswalk rather than at a nearby crosswalk
- Expecting vehicles on a highway to yield
- Crossing when a pedestrian signal shows “Don’t Walk”
- Darting into the road at a crosswalk as the signal changes to “Don’t Walk”
- Crossing roads with earbuds in or while looking at a phone

What Does Contributory Negligence Mean for My Claim?

In North Carolina and other states with contributory negligence laws, the insurance company lawyer will be focused on proving that you did something that contributed to your crash. As we mentioned above, this could easily be related to pedestrian right of way laws. Following all pedestrian right of way laws is crucial to your personal safety and ensuring your ability to receive compensation if a negligent driver injures you.

If you believe the insurance company may have grounds to claim contributory negligence, it is essential that you speak with a qualified North Carolina pedestrian accident attorney as soon as possible.

Myers Law Firm: Standing Up for Victims of Pedestrian Crashes in North Carolina

At Myers Law Firm, our attorneys work to get victims of North Carolina pedestrian crashes the compensation they deserve. We understand the harsh rulings under contributory negligence and fight to ensure that our clients are not wrongly denied their rightful compensation.

If you’ve been the victim of a pedestrian crash in North Carolina, please contact our attorneys today for your free consultation to discuss your rights and options. Please call 888-376-2889 or complete this brief online form to get started today.

References

Stradling, Richard. (2019, August 27). Pedestrian deaths keep rising in North Carolina — with no easy explanation. The News & Observer. Retrieved from https://www.newsobserver.com/news/traffic/ article234368767.html

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

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Who Gets the Dog in a Divorce? Understanding North Carolina Pet Custody Laws

Pets and Property Division
Martial and Separate Property: When Was the Pet Adopted?
Exceptions and Atypical Circumstances?
Spouses Can Create Pet Custody Agreements?
Call Myers Law Firm if You Need Help With Property Division in Charlotte, North Carolina

Pets and Property Division

Although many people consider their pets to be part of the family, in the eyes of the law, your furry friend is either property or an asset. So, like all other possessions in a divorce, ownership of your dog, cat, rabbit, or other domestic animal is included in the property division negotiation.

You can try to reach a mutual pet custody agreement with your spouse similar to a child custody arrangement. If you can’t decide what to do, however, the judge in your case will consider several factors to determine who gets the animal.

Marital and Separate Property: When Was the Pet Adopted?

Since domestic animals are considered property and not children, the first factor in determining who gets custody is whether it was acquired during or before the marriage. Unlike child custody cases, pets adopted before a marriage are considered the sole property of the individual who purchased them. This is called separate property, and a judge will almost always award possession of the animal to the person who bought it and not consider the animal in the division of marital assets.

On the other hand, an animal adopted during your marriage is marital property, so determining who gets the animal becomes a bit more complicated. Though most courts still consider pets property, precedents have been set that apply considerations similar to child custody cases. When determining who gets the animal, a judge may choose to look at factors such as:

The current primary caregiver
Bonds between the pet and one owner
Ability to best care for the animal

Asset Division: Weighing the Pet’s Value Against Other Property

Even if the animal is given to one owner over the other based on the factors above, the court will still consider the animal property. The owner who is not granted custody will receive something of equal value. In other words, in asset division, the animal is assigned a monetary value and weighed against other martial property to be divided by the divorcing couple. The emotional value of the animal will not be factored into the equation.

In the eyes of the divorce court, a purebred animal is worth more than a mixed breed animal adopted from a shelter. If you have a purebred show animal and wish to receive possession of the animal in your divorce, be prepared for the court to assign a monetary value to the animal and for that value to be offset by other assets going to your spouse.

Because most pets have much more than a monetary value to both parties, you don’t want the judge deciding who gets possession based solely on a dollar figure. This is one of the major reasons most couples seek to solve their pet possession issues outside of court.

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Exceptions and Atypical Circumstances

Most of the time, ownership of a pet will be decided based on the considerations mentioned above. However, there are a few exceptions and atypical circumstances that might affect who gets the animal in your divorce.

Domestic Violence

If domestic violence is involved in the situation and one of the parties files a domestic violence lawsuit, a North Carolina judge has the right to grant the victim full custody of the animal.

Emotional Support or Service Animals

If the animal is registered as the emotional support companion or a service animal for one of the spouses, a judge is very unlikely to grant the animal to the other spouse.

Gifts: The Animal Belongs to One Person Specifically

One detail included in separate property during a divorce is that gifts or inheritance belonging to one spouse is considered separate property, even if was acquired during the marriage. While it is unlikely a pet would be inherited, if the animal was a gift to one spouse in particular, it’s separate property.

Children

When child custody is involved in the divorce, the parent who receives sole or primary custody of the child will often also receive possession of the pet. This is especially true if the child is bonded to the pet. If child custody is shared and the child is uniquely attached to the pet, the judge may consider whether the pet should follow the child during their visitation schedule.

Spouses Can Create Pet Custody Agreements

If you and your spouse both want custody of the animal and choose to settle the issue between yourselves rather than in court, you can sign a pet custody agreement. Like a child custody agreement, you will decide and agree upon aspects of the animal’s life — including who gets the animal on what days, how bills and vet visits will be handled, and the type of food or medication the animal receives.

Like child custody, pet custody agreements are legally binding, and a judge can enforce the visitation schedule and other agreed-upon terms. Spouses have complete freedom in writing a pet custody agreement, which is why it’s best for divorcing couples to attempt an agreement before leaving the fate of their pet to the court.

Call Myers Law Firm if You Need Help With Property Division in Charlotte, North Carolina

Are you and your spouse going to court over custody of your pet or looking for help drafting a pet custody agreement that covers all the bases? Myers Law Firm is here to help. Our divorce attorneys have experience handling property division cases and custody battles throughout Mecklenburg County, and we’ll fight to get the best outcome for you and your pet.

Please contact our attorneys by calling 888-376-2889 or completing this brief online form to schedule your free consultation 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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The Top 3 Mental Health Issues Victims Face After a Car Accident

Most Common Mental Health Issues That Are Caused By Car Crashes
Mental Health Issues as Damages in Your Injury Claim
Myers Law Firm Helps Car Crash Victims Struggling With Mental Health Issues

Most Common Mental Health Issues That Are Caused By Car Crashes

After a serious car crash, most people focus on coping with financial setbacks and healing from physical injuries — but physical injuries aren’t the only type of damage victims deal with after an accident. Many car crash survivors experience serious, and sometimes long-lasting, mental health issues. While some emotional distress fades away over time, other psychological effects could be lengthy and have a substantial negative impact on your relationships, work, productivity, and general mental wellbeing.

If you’ve been in a serious car crash and are experiencing emotional distress, don’t try to cope on your own. You need to treat mental health issues just like any physical injuries you sustain in a wreck. Always speak to a doctor or psychiatrist. They might suggest coping methods or recommend psychotherapy or medication.

Keep reading to learn about the three most common mental health issues that are caused by car crashes and how filing a personal injury claim can help cover damages for your pain and suffering.

RELATED ARTICLE: 3 Reasons You Should Get Medical Treatment After a Car Accident

https://youtu.be/Os-FurMaBZA

1. Acute and Post-Traumatic Stress Disorder

Post-traumatic stress disorder (PTSD) is the most common mental health issue experienced by car crash survivors. According to the American Psychological Association, motor vehicle accidents are the number one cause of PTSD in the general (non-military) populace. Acute Stress Disorder (ASD) has many of the same symptoms as PTSD but lasts less than four weeks.

Symptoms of Post-Traumatic Stress Disorder

PTSD presents differently for everyone and might not fully manifest until weeks after the crash, making it difficult to diagnose. You may be experiencing PTSD if you:

- Have recurring thoughts and flashbacks of the accident
- Experience emotional numbness and difficulty connecting
- Avoid people, places, or activities that remind you of the crash
- Are constantly alert, hyper-vigilant, or paranoid

Seek Help: Untreated PTSD Has Serious Side-Effects

Post-traumatic stress disorder can have a significant impact on your life if you try to cope with it on your own. Letting PTSD go untreated can lead to:

- Anger management issues
- Loneliness and depression
- Suicidal thoughts

Never assume a mental health issue will go away on its own. While some conditions such as ASD have shorter durations, they can still negatively impact your life.

2. Persistent Anxiety

Many people experience minimal or mild anxiety for months after a serious crash, but the National Institutes of Health (NIH) states that moderate and severe levels of anxiety can also be present for weeks or even months after an accident. Females are particularly susceptible to persistent anxiety following a car crash, with around 70% experiencing high levels of anxiety in the first month and almost 15% still experiencing moderate levels of anxiety 6-8 months later.

Anxiety Can Cause Other Health Issues

As anyone with a generalized anxiety disorder can attest, anxiety can have a significant impact on your daily life. People suffering from anxiety caused by specific experiences like a car crash may face additional side effects, such as:

- Phobias: The NIH states that nearly 40% of crash survivors experience persistent phobias related to driving and being in a vehicle. Others also fear people or places related to their crash and experience dystychiphobia, the fear of being in a car accident.
- Panic Attacks: Car crash survivors might have panic attacks triggered by sights, sounds, or even smells that remind them of the crash.
- Sleep Disorders: Victims experiencing high levels of anxiety are also likely to have issues sleeping and with higher-than-normal fatigue. Sleep disorders can result from hyper-vigilance and an inability to relax or frequent nightmares and flashbacks.
- Physical Symptoms: Headaches, dizziness, chest pain, nausea, and muscle tension are all physical symptoms that can be caused by prolonged or frequent anxiety. Anxiety can also worsen conditions like asthma, high blood pressure, and heart disease and weaken your immune system.

Coping With Anxiety After a Car Crash

Unfortunately, many people do not take anxiety seriously and might not even notice that their anxiety is slowly affecting various aspects of their life. Anxiety is not “just stress,” and seeking help for your anxiety does not mean you “aren’t strong enough” to cope with stress on your own. Luckily, these misconceptions are slowly becoming less prevalent today as more and more people recognize anxiety as a viable mental health issue and seek treatment.

Nearly 20% of U.S. adults have been diagnosed with anxiety, making it the most common mental health issue in the country. If you are experiencing prolonged anxiety or any anxiety attacks after a car crash, please don’t hesitate to reach out to your doctor or another medical professional for help. You can also learn more about anxiety and other related conditions here.

3. Major Depressive Disorder

Depression, clinically referred to as major depressive disorder (MDD), is another mental health issue common in both crash victims and the general populace. For crash victims, depression is often tied to the physical injuries and pain sustained from the crash.

Warning Signs of Major Depressive Disorder

Depression is a serious issue. If you are experiencing a combination of these symptoms after being in a car crash, you should speak to a psychologist as soon as possible.

- Daily fatigue and lack of energy
- Feelings of guilt or worthlessness
- Lack of enjoyment or interest in activities
- Recurring suicidal thoughts
- Decreased concentration
- An inability to sleep or difficulty waking up
- Irrational irritability or anger
- Significant weight loss or gain

Why Is Depression Common After a Car Crash?

Some physical injuries limit victims’ ability to work, exercise, and enjoy day-to-day activities like playing with their children. If you’re suddenly unable to partake in activities that you used to enjoy because of pain or a debilitating injury, it’s no surprise you may become depressed.

Likewise, the stress and worry that victims experience regarding the financial effects of their car crash can also trigger depression. Additionally, many victims who experience anxiety or PTSD also experience depression, and some medications that treat anxiety can also be used to treat depression. If you suspect you might be struggling with depression, please speak to a healthcare professional today to receive the treatment you need.

Mental Health Issues as Damages in Your Injury Claim

Worried about the cost of psychotherapy or mental health medications after a car crash? If you’re filing a personal injury claim for your crash, your attorney can include the cost of medication and psychological therapy as part of the damages owed to you by the negligent party.

Here’s how it works.

Bills and Other Economic Damages

Just like medical expenses you acquire due to physical injuries, seeing a doctor or psychologist for a psychological check-up is an expense that was directly caused by your crash and can be included in your claim. Likewise, medication prescribed by a physician for a mental health issue is also a tangible medical expense.

Pain and Suffering Are Non-Economic Damages

Like pain and suffering, mental health issues are considered non-economic damages in your claim. Putting a value on your physical pain and psychological suffering is a complicated process, but an experienced personal injury attorney can help get you the compensation you deserve.

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Myers Law Firm Helps Car Crash Victims Struggling With Mental Health Issues

At Myers Law Firm, we understand that car accident victims often suffer temporary or long-lasting psychological effects in addition to their physical injuries. We are dedicated to making the personal injury claim process as simple and streamlined as possible so that you can focus on taking care of yourself and your family without additional stress.

If you or a loved one has been in a serious car crash that resulted in mental health issues or physical injuries, please contact Myers Law Firm today to receive your free consultation. Call us at 888-376-2889 or complete this brief online form to get started.

References

American Psychological Association. (2003, December 7). Motor vehicle accidents are leading cause of post-traumatic stress disorder [press release]. Retrieved from https://www.apa.org/news/ press/releases/2003/12/accidents-ptsd

Anxiety and depression – Facts and statistics. (2016). Anxiety and Depression Association of America. Retrieved from https://adaa.org/about-adaa/press-room/facts-statistics

Fitzharris, M., Fildes, B., & Charlton, J. (2006). Anxiety, acute- and post-traumatic stress symptoms following involvement in traffic crashes. Annu Proc Assoc Adv Automot Med. 50, 297–315. Retrieved from https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3217473/

Sutherland, J., Middleton, J., Ornstein, T.J., Lawson, K., & Vickers, K. (2016, August). Assessing accident phobia in mild traumatic brain injury: The accident fear questionnaire. Rehabil Psychol 61(3), 317-327. doi: 10.1037/rep0000090. Retrieved from https://www.ncbi.nlm.nih.gov/pubmed/27362874

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

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Are Same-Sex Divorces Really the Same in North Carolina?

Same-Sex Marriage and Divorce
Domestic Partnerships and Civil Unions?
Alimony
Division of Property?
Child Custody
Contact Myers Law Firm for Help With Your Divorce in Charlotte, North Carolina

Same-Sex Marriage and Divorce

Same-sex marriages have been legal in all 50 states for over four years. Unfortunately, having your same-sex marriage recognized as legal doesn’t always translate to receiving equal or fair treatment, and some same-sex couples are running into unique problems while seeking a divorce. The main point of contention: how to determine when the marriage began.

Same-sex marriages and domestic partnerships first started becoming legal at the turn of the 21^st century but weren’t made universally legal in the United States until 2015. Many same-sex couples lived in domestic partnerships, cohabitating arrangements, or marriages that took place in other states before their state began recognizing and performing same-sex marriages.

While same-sex couples can and do get divorced, many are discovering that there are complications they didn’t foresee. Keep reading to learn more about some of the difficulties and considerations that same-sex couples may face during a divorce.

Domestic Partnerships and Civil Unions

Many same-sex couples entered into a domestic partnership or civil union because they were unable to marry, and these legal partnerships provided some of the state benefits of being married. When same-sex marriages became legal, some states automatically converted civil unions into marriages, but others didn’t. The result is that if you were married while you still had a domestic partnership or civil union, you are in two legally binding relationships and will need to dissolve both.

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Alimony

In a North Carolina divorce, alimony (which is technically called postseparation support when it’s temporary and spousal support when it’s long-term) is financial support paid by a supporting spouse to a dependent spouse after separation. One of the factors a judge will look at when ruling on alimony is the length of the marriage.

For heterosexual couples, determining when a marriage began is easy. In North Carolina, however, same-sex marriage wasn’t legal until 2014, which complicates things for same-sex couples who got married out of state before 2014 but are now trying to get a divorce.

To put this issue in perspective, Massachusetts legalized same-sex marriage 10 years before North Carolina did. If a couple was married in Massachusetts and has since moved to North Carolina, a North Carolina judge should go back to the date of the actual marriage in Massachusetts. The United States Supreme Court decision that declared prohibitions against same-sex marriage invalid made all marriages valid.

However, if you had a domestic partnership or civil union, that may not qualify for the same status as a marriage. In that instance, you may not receive credit for the time before you were officially married.

Division of Property

What counts as marriage also has a significant effect on the division of property in a divorce. Under North Carolina law, the accumulation of marital property begins on the date of marriage.

That raises the question: does property bought or obtained during a domestic partnership or civil union get divided equally as well? The answer is probably not unless the laws of the state later made the union a marriage. But what if the couple was in a domestic partnership at the time and later got married when it became legal? In this scenario, the court will most likely use the date of marriage as the starting point for determining what’s marital property and what isn’t.

Child Custody

Child custody issues in same-sex divorces can be especially complicated since North Carolina law has not kept up with the realities of potential issues involving married or unmarried same-sex couples.

Unless both partners have legally adopted the child, only one parent may be the natural parent or legal parent of a child under North Carolina law. If only one parent is the natural or legal parent, the other parent may have to proceed as a third party and seek custody by showing that the natural or legal parent has acted inconsistently with their constitutionally protected rights and obligations. This is a complicated area of the law, and you should speak with an experienced family law attorney about your rights if you find yourself in this situation.

Contact Myers Law for Help With Your Divorce in Charlotte, North Carolina

At Myers Law, we’ve handled same-sex divorce and custody cases for clients in Charlotte and Mecklenburg County, and we’re ready to advocate for you if you need us. We can fight back on your behalf against unfair court rulings and help you navigate the complications that North Carolina law can cause for same-sex spouses and parents.

If you have concerns about how a court might handle your same-sex divorce, get in touch with us today. Call us at 1-888-376-ATTY (2889) or complete our quick and easy online contact form to schedule your initial consultation.

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

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Twilight Traffic Concerns: Shedding Light on Pedestrian Safety

Pedestrian Accidents
Why Are Sunrise and Sunset Such Dangerous Times for Pedestrians?
North Carolina Pedestrian Laws and Why They Matter
How is Contributory Negligence Can Affect Your Case
Safety Tips for Drivers and Pedestrians
Myers Law Firm: Representing Injured Pedestrians in Charlotte and Throughout Mecklenburg County

Pedestrian Accidents

Not only can the hustle and bustle of city life be exhausting, but it can also be dangerous for pedestrians, especially during sunrise and sunset. In crowded city areas, such as uptown Charlotte, countless people walk to and from their cars, restaurants, bars, and workplaces during these times of the day. Sunrise and sunset are also popular times for runners who want to squeeze in a quick run before or after work.

With so many pedestrians out and about at sunrise and sunset and countless drivers rushing to and from work, pedestrian accidents are most likely to happen at dawn and dusk. But the traffic at twilight isn’t the only factor that makes these times so dangerous.

Keep reading to learn more about why twilight is so dangerous to pedestrians, how to improve pedestrian safety, and what to do if you’ve been in an accident as a pedestrian.

RELATED ARTICLE: North Carolina Is Among the Most Dangerous States for Pedestrians

Why Are Sunrise and Sunset Such Dangerous Times for Pedestrians?

Heavy vehicle and foot traffic aren’t the only factors that make sunrise and sunset such dangerous times for pedestrians. Other factors also exacerbate the situation.

Drivers are tired
At sunrise, drivers may have just rolled out of bed, and the coffee might not have kicked in yet. It can take people hours to fully wake up in the morning, meaning their reaction times are slower and they may not be as aware of their surroundings. Likewise, by sunset, many people begin to wind down, and they’re exhausted from a hard day at work.
The sun is blinding
Sunglasses can only do so much for drivers when the sun is shining directly into their eyes, as it tends to do at sunrise and sunset. Even if the driver is paying attention, momentary blindness at just the wrong time can have devastating consequences.
Commuters are rushing
Whether we’re trying to get to work on time, get kids to school or pick them up, or just want to get home as soon as possible so we can relax, commuters tend to be in a rush, and heavy traffic times often fall around sunrise and sunset. When drivers rush, they not only drive faster but also tend to be more impatient and impulsive.

North Carolina Pedestrian Laws and Why They Matter

Understanding who has the right-of-way is the first step toward protecting pedestrians. Remember:

Pedestrians have the right-of-way at intersections and driveways but are still legally obligated to follow walk/don’t walk signals.
Vehicles have the right-of-way everywhere else, so if crossing anywhere other than a crosswalk, pedestrians must yield to vehicles.
Pedestrians are required to walk on a sidewalk if available and on the road facing traffic if there is no sidewalk.

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How Contributory Negligence Can Affect Your Case

In addition to helping keep pedestrians safe by making sure everyone is on the same page, pedestrian laws are extremely important in states like North Carolina that follow pure contributory negligence laws. Under pure contributory negligence, if an injured party files a personal injury claim against a negligent party but is found to be even 1% responsible for their own injuries, they cannot receive any compensation.

For instance, if you are injured crossing at an intersection while there is an active don’t walk signal, it will be difficult for you to recover any compensation since you had a legal duty to obey the walk signals. A jury may find you partially responsible for your injuries.

Likewise, if you cross somewhere other than a crosswalk and get injured, the insurance defense attorney will argue that you were obligated to yield to traffic. Also, if you were talking or texting on your phone, they’ll throw in an argument for not paying reasonable attention to your surroundings.

Either way, you will face the defense of contributory negligence, which will make a recovery much more difficult. Because the defense only needs to prove that you were 1% responsible to deprive you of your rightful compensation and because insurance companies do everything they can to deny any compensation, obeying the pedestrian laws and contacting an experienced personal injury attorney as soon as possible after an injury is essential to the success of your personal injury case.

Safety Tips for Drivers and Pedestrians

The number one safety tip for both pedestrians and drivers is to remain aware. Know and understand the risks of driving and walking at twilight, and always pay extra attention to your surroundings.

How Drivers Can Help Keep Pedestrians Safe

- Reduce glare from the sun by keeping the inside and outside of your car windows clean.
- In addition to wearing sunglasses, position your car’s visor to block the sun whenever possible.
- Always be extra careful when turning a corner or entering an intersection, as these areas make it even harder to notice pedestrians crossing the road.
- Stay off of your phone while driving. Texting while driving takes your eyes off the road and causes distractions.

Pedestrians: Keep a Lookout and Don’t Trust Drivers

- Never assume a car is going to stop when you are crossing the road. Always wait until you are sure they can see you and have come to a complete stop before beginning to cross.
- Only cross the road at crosswalks. Drivers expect to see pedestrians at designated crossing areas but may not react in time if you cross the road elsewhere.
- Avoid distractions such as texting or talking on your phone, listening to music, or digging through your bag when walking in high traffic areas or crossing a road.
- Never trust a turn signal. Even if the car is approaching the intersection and has a turn signal on, wait until you are sure the car is actually turning. The driver may have not turned off the turn signal or may be lost and not sure where to turn.

Myers Law Firm: Representing Injured Pedestrians in Charlotte and Throughout Mecklenburg County

If you’ve been injured as a pedestrian in the Charlotte area and want to seek compensation for your injuries, you’ll need a skilled and experienced personal injury attorney to help you fight claims of contributory negligence. Contact a personal injury attorney before speaking to any insurance company representatives, who might use what you say against you.

The attorneys at Myers Law Firm have experience handling pedestrian personal injury cases and can manage the details of your claim and legal case so you can focus on your recovery. To schedule your free consultation with one of our attorneys today, call 888-376-2889 or complete this brief contact form. We look forward to hearing from you and finding out how we can help.

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

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Can I Move Away With My Child During a Custody Case?

Child Custody and Relocating
5 Key Child Custody Terms
What Determines Whether I Can Relocate With My Child?
Myers Law Firm: Experienced Family Law and Child Custody Attorneys

Child Custody and Relocating

Divorce is difficult on the entire family, but children are often affected the hardest. If you are a divorced or separated parent and are considering relocating with your child, you should know that you might not be allowed to move, especially if the court decides the relocation is not in the child’s best interest.

If you are moving a relatively short distance or the move will not affect the current custody arrangement, the move should not be an issue. However, to move your child out of the state or a considerable distance within the state, you will need either an agreement with the other parent or court approval. If you have questions about whether you need to get approval to move or if you need help convincing a court that you should be able to relocate with your child, you should speak with an experienced family law and child custody attorney.

In this article, we’ll highlight a few key custody terms and discuss how a court will determine whether a custodial parent can move with their child.

5 Key Child Custody Terms

Child custody can be complicated, so before you dive into whether you can relocate with your child, make sure you understand these five custody terms.

Primary Custodial Parent: The parent who has primary physical custody of the child — meaning the child lives with that parent most of the time.
Legal Custody: The right to make decisions for the child that have lasting or more long-term significance, such as decisions about education, religious practice, and healthcare.
Joint Custody: Both parents have relatively equal physical and/or legal custody of the child.
Visitation: The time the child spends with the parent who does not have primary custody, as outlined in the custody agreement.
Relocation: The custodial parent is seeking to move away with the child — either out of state or a certain distance away.

RELATED ARTICLE: 5 Child Custody Myths, Debunked

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What Determines Whether I Can Relocate With My Child?

If you are trying to move your child out of state or a significant distance away and cannot reach an agreement about the relocation with the other parent, the court has the right to determine whether you can move. There are often advdantages and disadvantages regarding the relocation of a child during a custody case. So, if the advantages outweigh the disadvantages, the court will likely permit the move.

The court will have to determine whether, in the judge’s opinion, the move is in the best interest of the child. In a move-away case, there are a variety of factors the judge will consider when making this determination, including:

1. What are the advantages of the relocation in terms of improving the life of the child?

This factor looks at how the move will make life better for the child. Examples may include moving closer to the parent’s family so there is a better support network, whether the schools are substantially better in the new location, or if the weather in the new location might help a chronic health problem the child has.

2. What are the motives of the primary custodial parent in seeking the move?

Sometimes, a parent will attempt to move out of state to avoid court rulings or to make visitation more difficult. These are certainly negative reasons to move, and the court will not look favorably on them. However, if you have a legitimate reason to move, such as for a new job, safer neighborhood, or better school district, your motives will be viewed as having a positive impact on the child.

3. What is the likelihood that the primary custodial parent will comply with visitation orders?

Depending on how far you are trying to relocate, visitation could become difficult. A visitation and travel agreement will need to be worked out with the other parent. The court will consider how likely you are to comply with the visitation agreement and assist the other parent with their visitation rights and arrangements.

4. Does the noncustodial parent have a reason to resist the relocation?

Sometimes a noncustodial parent may have legitimate reasons to resist the child’s relocation. If the noncustodial parent has a concern about how the relocation will affect the child or their relationship with the child, they will likely hire an attorney to help them present a strong argument against the relocation. You should always keep the child’s best interests in mind, but if you believe the noncustodial parent would be wrong to resist the relocation, hire an experienced family law attorney for help supporting your move.

5. Will the relocation significantly weaken the noncustodial parent’s relationship with the child?

Another reason a noncustodial parent may oppose the relocation is if they are concerned that it may have a serious effect on their relationship with the child. The stress and hassle of long-distance visitation and travel arrangements can make visits less frequent, shorter, and less enjoyable. If the relocation is likely to have such a negative effect on the relationship between the noncustodial parent and child, the court may deny the request. In this case, it is important to prove to the court that you will do whatever is necessary to help the noncustodial parent foster their relationship with your child.

The judge should consider all the factors outlined above, and no one factor trumps the others. There may also be other factors to bring up when considering a move or opposing a move, depending on the facts of your case.

Myers Law Firm: Experienced Family Law and Child Custody Attorneys

Not sure if you need permission to relocate with your child? Contact Myers Law Firm to discuss your custody and relocation options. Our experienced family law and child custody attorneys will help you understand your rights and options.

Call today at 1-888-376-ATTY (2889) or complete this brief online form for your free consultation.

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

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No One Got a Ticket in the Crash — Can I Still File an Injury Claim?

No Ticket From Car Accident
Why Wasn’t a Ticket Issued for My Car Crash?
The Importance of Proving Fault for a Personal Injury Claim in North Carolina
How Do I Prove Fault Without a Ticket?
Call Myers Law Firm: Car Accident Lawyers in Charlotte, North Carolina

No Ticket From Car Accident

Tickets and police reports can be useful evidence for supporting a personal injury claim and proving the other driver was at fault for your car crash. But what if a ticket wasn’t issued? Does this mean you can’t file? The short answer is no. A lack of a ticket does not mean a lack of fault.

If you were in a car crash and neither you nor the other drivers received a ticket, you can still file a personal injury claim if the other driver caused the crash. While proving fault does not require that a ticket be issued, working with a skilled and experienced personal injury attorney can increase your chances of recovering compensation for your injuries.

Keep reading to learn more about why the police might not have issued a ticket, how this will affect your personal injury claim, and how to prove fault.

Why Wasn’t a Ticket Issued for My Car Crash?

There are two main reasons why the police might not have written a ticket despite a crash occurring.

1. No Laws Were Broken

How can there be a crash if no one broke the law? If neither driver was speeding, following too closely, or otherwise making illegal or poor driving maneuvers, it’s possible that a crash occurred without breaking any traffic laws.

2. The Police Couldn’t Determine Fault

If the police did not witness the crash and the cause is not obvious, they may not be able to determine what exactly happened without further investigation. Unless there is a death or serious injury, the police will not conduct an in-depth investigation. In this case, they wouldn’t write a ticket, and the police report might not have any information that’s useful for proving your claim.

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The Importance of Proving Fault for a Personal Injury Claim in North Carolina

While a ticket being issued by the police may be very helpful for your claim, the ticket alone may not prove the other driver was at fault.

State Auto Insurance Requirements

North Carolina requires drivers to have liability coverage, but this only covers damages to the other person if you are the cause of the crash. Your injuries are not covered. In North Carolina, the only auto insurance policy that includes coverage for your own injuries is a Med Pay policy. However, many North Carolinians don’t have Med Pay, because they are not required to by law.

If you were in a crash in North Carolina and only have liability insurance, proving that the other driver was responsible for the crash is the only way to recover compensation for your injuries.

North Carolina’s Contributory Negligence Law

North Carolina follows a pure contributory negligence law for car crashes. Under this law, if you are found to be even partly at fault for the crash, you are completely barred from recovering any compensation for your damages. Proving fault is especially important in this case.

Not only do you need to prove the other driver was at fault, you also need to prove that you were not at fault. An experienced personal injury attorney can help you fight insurance companies and opposing attorneys if they are trying to pin part of the blame on you.

How Do I Prove Fault Without a Ticket?

Although tickets can be strong pieces of evidence, they are only one of the factors considered when determining liability for a crash. So, if no one received a ticket, you and your attorney will have to focus on other elements and evidence instead.

Accident attorneys have experience demonstrating negligence through a variety of methods, including:

Assembling reports, video footage, or physical evidence from the crash scene
Taking witness testimonies
Performing accident reconstruction to recreate the crash
Other investigative techniques

Call Myers Law Firm: Car Accident Lawyers in Charlotte, North Carolina

At Myers Law Firm, our knowledgeable car accident attorneys have experience countering North Carolina’s harsh contributory negligence law and helping clients fight insurance companies to receive the compensation they deserve. If you or a loved one have been in a car crash in which no ticket was issued and need help proving fault to recover damages, please don’t hesitate to contact us today.

Call us at 704-376-3000 or complete this brief online form to speak with an experienced personal injury accident attorney 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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5 Child Custody Myths, Debunked

Child Custody Case
What Happens in a Typical Child Custody Case?
5 Child Custody Myths, Debunked
Myers Law Firm: A Trusted North Carolina Custody Law Firm

Child Custody Case

In 2015, more than a quarter of all children under 21 years of age had a parent living outside of their household, according to data from the U.S. Census Bureau. Whether the parents were divorced or separated, many of these arrangements involved formal or informal child custody agreements.

There are a lot of misconceptions and myths about custody cases, due in large part to the fact that child custody agreements and rulings depend on factors specific to each situation. Dealing with child custody issues can be a very emotional and complex process, so it’s important to understand some of the common myths before you get started and work with a family attorney to better understand your options.

Continue reading to get a quick overview of typical custody considerations and learn about five child custody myths you shouldn’t believe.

What Happens in a Typical Child Custody Case?

Before we dive into some of the many myths that exist about child custody, it’s important to have a general understanding of how child custody cases and agreements work.

In a child custody case, you’ll need to determine which type of arrangement you want, whether you can settle outside of court, and which factors might affect who gains full or partial custody.

Type of Custody Arrangement

You’ll need to decide two main issues:

- Physical custody, which is where the child is on a given day or night (sole custody, visitation, etc.); and
- Legal custody, which is decision-making on major issues affecting the child’s well-being.
In-Court or Out-Of-Court Agreements

Sometimes, parents can resolve custody agreements outside of court with the help of attorneys and counselors. If the parents can’t decide on the type of arrangement and custody terms, a judge will have to make the decision.

Deciding Factors

When making a custody ruling, the court will consider factors such as what’s best for the child, who has been the current primary caregiver, and where the parents live, among many other factors.

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5 Child Custody Myths, Debunked

Now that we have a better understanding of some of the details involved in a custody dispute, let’s examine five of the most common myths about child custody.

Myth 1: I’ll Have to Go to Court if There Is a Custody Disagreement

Even if there is a disagreement regarding custodial arrangements, you still may be able to settle your custody case outside of court. Alternative solutions include:

- Informal Negotiations
  An informal negotiation involves both parents meeting and deciding on the custody agreement. Once the parents come to a decision, an attorney for one of the parents will draft a legal document for them to sign, finalizing the agreement. These negotiations could also take place between attorneys for each parent.
- Mediation
  This is an alternative dispute resolution (ADR) process where a neutral third party helps the parents work through differences and concerns to reach an agreement. Each parent can have an attorney represent them in the mediation.
- Arbitration
  This solution is more formal than mediation but still keeps the dispute outside of a courtroom. Instead of a mediator who tries to get a mutual agreement, both sides have an attorney and can hire experts as needed to support their claim. The parties present their case to an arbitrator, who makes the final decision.
  Arbitration can be binding or nonbinding. If you go through binding arbitration, the arbitrator’s decision will be final, and the court won’t overturn it except in very unusual and limited circumstances.

Myth 2: A Child Can Choose Which Parent to Live With

Children do not get to decide which parent or guardian receives custody. However, some judges will hear from a child if the child is old enough to make a rational decision. If the child expresses an opinion, the child’s preference is only one factor for the judge to consider, and it usually only affects a decision if both parents are equally qualified to receive custody.

Children typically must be at least 10 years old to be able to talk to a judge. If a child is vehemently opposed to living with one parent, the judge may appoint a guardian to represent the child’s interests and determine what the problem is.

Myth 3: Mothers Always Receive Full Custody

Mothers don’t always receive full or even primary custody of the child. According to the U.S. Census Bureau, the number of fathers with full or primary custody is increasing every year. The deciding factor in custody cases is what’s best for the child, which courts often determine based on which parent has been acting as the primary caregiver. Actions that indicate someone is a primary caregiver include feeding and bathing the child, taking the child to school, and making doctor’s appointments.

Because many households still operate with the mother as primary caregiver, courts may lean toward mothers when awarding custody. However, some fathers act as the primary caregiver or are available to become a primary caregiver after a divorce. In these cases, the court could award primary custody to the father. In general, there is a notable trend toward more equal custody arrangements.

Myth 4: Only Parents Can Get Custody of a Child

While courts do prioritize keeping children with their parents in custody cases, there are some situations where they don’t grant custody to a parent. Grandparents are the most likely to receive custody over the child’s biological parents, but other family members or friends can also obtain custody in certain situations.

Every case is different, and it can be difficult to establish that a biological parent shouldn’t have custody over a third party. Some of the reasons a court may grant a non-parent permanent physical and legal custody of a child are if the parent:

- Has neglected the child
- Has emotionally or physically abused the child
- Will be incarcerated until the child is 18
- Is physically or psychologically unable to care for the child
- Has a known and serious problem with drugs or alcohol

Myth 5: I Can Withhold Visitation if the Other Parent Doesn’t Pay Child Support

Not only is this false, but the other parent may be able to change the custody arrangement in their favor if you withhold visitation without court approval.

Never try to force or coerce the other parent into paying their share of child support by withholding the child. If the other parent isn’t paying support, tell your attorney. Not receiving the full agreed-upon child support amount is a common issue that courts know how to handle. The judge will deal with the issue and penalize the parent appropriately with fines, wage garnishment, or even jail time.

Myers Law Firm: A Trusted North Carolina Child Custody Law Firm

Confused about your rights and options regarding child custody arrangements? The family lawyers at Myers Law Firm are here to answer all your questions. At Myers Law Firm, our attorneys have experience helping parents settle custody agreements both in and outside of the courtroom and will work with you every step of the way.

Please contact Myers Law Firm today for help with your child custody arrangements by calling 1-888-376-ATTY (2889) or completing this brief online form.

References

Grall, T. (2018, January). Custodial mothers and fathers and their child support: 2015 (P60-262). Washington, D.C.: U.S. Census Bureau. Retrieved from https://www.census.gov/content/dam/Census/library/publications/2020/demo/P60-262.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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What Should I Do After a Hit-and-Run Crash?

What to Do If You’ve Been in a Hit-and-Run Car Crash

What to Do If You've Been in a Hit-and-Run Car Crash

After a car crash, responsible drivers stop and collect information from each other, report the accident to the police, and call for medical help if necessary. But what happens if the other vehicle drives off?

According to the AAA Foundation for Traffic Safety, more than 10% of car crashes reported to the police are hit-and-runs. If you’ve been the victim of a hit-and-run car crash, it’s understandable that you would be confused about what to do next and how to recover compensation for your injuries. After all, how do you file a personal injury claim if you don’t know who is responsible for your injuries?

One of the most important things to understand about a hit-and-run crash is that you should treat it much the same as a regular crash. Although there might not be someone for you to identify as the at-fault party, you will still need to prove that you were not at fault and deserve compensation. Contacting an experienced attorney will greatly increase your chances of obtaining compensation for property damages and medical expenses from a crash where the other driver is unidentified.

Keep reading to learn what to do if you’ve been in a hit-and-run car crash.

1. Attempt to Identify the Other Driver

The police are frequently unable to catch hit-and-run drivers. You can increase their chance of finding the driver if you write down information immediately after the crash while the details are still fresh in your mind. It can be beneficial for the police’s investigation if you:

- Write down any details you noticed about the other vehicle, such as color, make, model, or even a partial license plate number.
- Call the police and wait at the scene.
- Ask other drivers or pedestrians if they witnessed the crash and saw anything that could help identify the driver.
- Check local shops for security cameras or additional witnesses.
- Take pictures of the damage to your vehicle.

2. Seek Medical Treatment for Your Injuries

The first thing you should do after an accident is get yourself checked out at a hospital, even if your injuries are minor. Not only is this crucial in terms of your overall health, but seeking medical treatment is an important aspect of your personal injury claim.

RELATED ARTICLE: 3 Reasons You Should Get Medical Treatment After a Car Accident

Visiting a doctor after an accident allows you to document your injuries and demonstrate that you took them seriously. Both are very important in a personal injury case for proving you deserve compensation.

3. Understand How to Recover Damages From a Hit-and-run Crash

In a regular accident, the at-fault party’s insurance will be responsible for paying for the damage to your vehicle and person. But unless you can identify the hit-and-run driver, you’re going to have to go through your own insurance to obtain compensation.

Because North Carolina is an at-fault state, the only way to file with your insurance is through uninsured motorist coverage.

What Is Uninsured Motorist Insurance?

Uninsured motorist insurance covers drivers in crashes where the other party does not have any auto insurance. It acts as the uninsured driver’s liability coverage and will cover damages up to policy limits.

Uninsured motorist insurance includes both bodily injury and property damage coverage and is relatively inexpensive. In North Carolina, basic uninsured coverage is included on all insurance policies, meaning you will have at least some coverage to help you after your hit-and-run crash. Additional uninsured coverage can also be purchased.

What Compensation Can I Recover From a Hit-and-run Crash?

As the victim of a crash, you are entitled to compensation for your medical expenses, property damage, and any pain and suffering you experienced.

- Economic: Economic damages cover the cost of any current or future expenses that resulted from the crash. These expenses include medical bills, physical therapy costs, car repair bills, or lost wages.
- Non-Economic: Non-economic damages cover the intangible costs of your accident such as pain and suffering. Putting a price on the pain and suffering someone experienced is a very complicated process and typically requires the help of an attorney to estimate accurately.

4. Speak With the Experienced Personal Injury Attorneys at Myers Law Firm

Understanding how you can receive compensation for injuries sustained in a hit-and-run is only the first stage in your damage recovery process. You’ll need to work with an experienced personal injury attorney to help navigate the insurance claim process and collect damages throughout the length of the process.

Call Myers Law Firm today at (888) 376-2889 or complete our online contact form to schedule your free consultation and get the help and compensation you deserve.

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References

AAA Foundation for Traffic Safety. (2018, April 26). Hit-and-run deaths hit record high [press release]. Retrieved from https://newsroom.aaa.com/tag/aaa-foundation-for-traffic-safety/

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

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6 Books That Can Help You Get Through a Divorce

Divorce Book Recommendations
True Stories From People Who Understand
The Nitty-Gritty Divorce Self-Help Books
Divorce Tales for When You Just Need a Laugh
Myers Law Firm: Compassionate, Dedicated Divorce Attorneys for Clients in Charlotte and Mecklenburg County

Divorce Book Recommendations

Everyone processes stress and grief differently. When going through a rough divorce, talking to friends and family or seeking professional advice can be a huge help. But for those who enjoy sitting down and relaxing with a good book, reading can be another effective coping strategy.

In this article, we recommend six books that provide empathy, advice, and humor to help you get through your divorce.

Myers Law Firm receives no financial compensation for recommending these books, and the opinions and views expressed in the books listed do not necessarily reflect the views or policies of Myers Law Firm. For legal advice about your divorce, please contact us or read some of the other resources on our blog.

True Stories From People Who Understand

For some, one of the best way to cope with the turmoil of divorce is by reading memoirs written by people who have been through a similar journey. The first two books on our list are true stories from people just like you who provide inspiration and advice during this difficult time.

Falling Apart in One Piece: One Optimist’s Journey Through the Hell of Divorce

This memoir by Stacy Morrison is an emotional telling of her divorce experience as a working mom in a high-pressure job in New York. Falling Apart in One Piece is an honest tale of loss, love, and forgiveness. Although angled more toward women in heterosexual divorce situations, Morrison’s story could inspire anyone going through the divorce process.

Falling Forward: A Man’s Memoir of Divorce

While most divorce memoirs are written by women, in Falling Forward by Chris Easterly, readers from both sexes get rare insight into a divorce from a man’s perspective. This memoir follows Easterly through his wife’s affair, their divorce, and his healing process.

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The Nitty-Gritty Divorce Self-Help Books

If step-by-step self-help books are more your thing, these two should be at the top of your list. And if you need more information about the divorce process in North Carolina, check out these FAQs.

Getting Past Your Breakup: How to Turn a Devastating Loss into the Best Thing That Ever Happened to You
Getting Past Your Breakup by Susan Elliot is a true nitty-gritty self-help book. If you prefer a more analytical and strategic approach to working through divorce rather than a purely emotional, faith-based approach, Elliot’s advice style should be right up your alley.
Conscious Uncoupling: 5 Steps to Living Happily Even After
Katherine Thomas’ book, Conscious Uncoupling, provides more emotionally charged advice to empower readers. This book is written not only for people going through a divorce but also provides advice that could apply to any relationship.

Divorce Tales for When You Just Need a Laugh

Divorces are full of turmoil. Between the legal and financial aspects of your divorce and emotional talks with friends and family, sometimes you just want to read something a little lighthearted. If you need to take a break from true stories and self-help books, these two stories of divorce and love can help put a smile on your face.

Eat, Pray, Love
The classic favorite, Eat, Pray, Love, is the mostly true account of author Elizabeth Gilbert’s divorce. While her radical approach to divorce is not to be construed as advice or a healthy way to deal with your divorce, this tale of her emotional and literal journey can serve as needed inspiration and humor during your divorce.
Heartburn
Nora Ephron takes the ridiculous even further in her book, Heartburn. This story about fictional character Rachel and her cheating ex-husband, Mark, is light and full of comedy but may not be for everyone at all stages of divorce.
As previously mentioned, these two books are intended for recreational reading only and not to be taken as suggestions for handling your divorce. If you are looking for more advice, please read this article on healthy ways to deal with the stress of divorce.

Myers Law Firm: Compassionate, Dedicated Divorce Attorneys for Clients in Charlotte and Mecklenburg County

Reading can be an excellent resource for helping you cope with the turmoil of your divorce, but if you need help with the legal aspects of your divorce, please give Myers Law Firm a call. Our skilled and experienced divorce attorneys can help you handle the legal aspects of your divorce and will work with you every step of the way.

Please contact us today by calling (888) 376-ATTY or completing this brief form to schedule your free consultation.

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

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9 FAQs About North Carolina Auto Insurance, Answered

North Carolina Auto Insurance Policies and Processes
Contact Myers Law Firm If You’ve Been in an Accident

North Carolina Auto Insurance Policies and Processes

After an accident, your first instinct might be to turn to your insurance company for help, but their priority is to maximize profits — not compensate you for your injuries and losses. Some states, like North Carolina, have policies and laws that complicate this insurance process even further and provide additional ways for insurance companies to avoid paying full compensation. Rather than turning to your insurance company, you should speak with an experienced personal injury lawyer immediately after your accident to discern if you have a valid claim.

Here’s what you need to know about North Carolina auto insurance policies and processes to keep you and your family safe on the road.

1. Is Auto Insurance Required in North Carolina?

Basic liability insurance, which covers damages to other people (bodily injury liability) and their vehicles (property damage liability) as the result of an accident involving the covered automobile, is required in the state of North Carolina.

2. What Is Contributory Negligence?

In North Carolina, the Contributory Negligence Law states that the injured party cannot collect any compensation from the other driver if the injured party was also at-fault for the accident. This applies even if the injured person is only 1% at fault and the other driver is 99% at fault. This harsh law hurts injury victims.

RELATED ARTICLE: What Is Negligence, Anyway?

3. What Is Med Pay Insurance and Why Do I Need It?

Med Pay covers all necessary and reasonable medical expenses of anyone in the covered vehicle up to the policy limits regardless of whether you played a role in the accident.

In states with contributory negligence laws, Med Pay is critical since being found 1% at-fault for an accident will leave you unable to collect any liability insurance money. (Collision insurance is also recommended to help pay for damages to your vehicle.)

RELATED ARTICLE: How Med Pay Coverage Can Help You After a Car Crash.

4. What Happens If I Don’t Have Auto Insurance?

Letting your auto insurance lapse (or not having any to begin with) will result in civil penalty fines, license suspension, and even jail time for repeat offenses.

Furthermore, in the event you’re found to be at-fault for a collision, you could pay anywhere from a few thousand to a few hundred thousand dollars in out-of-pocket medical bills and damages to the other driver(s) — in addition to your own bills.

5. What Is Uninsured and Underinsured Motorist Coverage?

Uninsured and underinsured coverage helps protect persons who’ve been injured in an accident with a driver carrying little or no insurance.

Uninsured Motorist Coverage: North Carolina requires all policies to include bodily injury and property damage uninsured motorist coverage. This covers drivers and pedestrians in cases where the negligent driver does not have any auto insurance.
Underinsured Motorist Coverage: This coverage is only included in certain policies and adds additional coverage in situations where the negligent driver’s liability insurance has a very low policy limit.

6. What Affects My Insurance Rates?

Insurance companies base their rates on the driver’s level of risk. Some factors included in this risk calculation are:

Age
Credit score
Driving history
Location of residence
Type of vehicle
Average vehicle use

7. What Is the Safe Driver Incentive Plan?

The North Carolina Safe Driver Incentive Plan (SDIP) is a point-based system that increases the cost of your insurance based on the number of points on your record. Insurance rates are increased by a specific percent depending on the extent of the violation and its corresponding point value.

For instance, a single point is given for at-fault accidents resulting in damages less than either $1,800 in medical expenses or $2,300 in total property damage. This single point increases your insurance rates by 30%.

8. Does North Carolina Offer Auto Insurance Discounts?

Always ask about insurance discounts when looking for a new policy. Keeping a clean record is the most efficient way to save money on your insurance, but there are often discounts available as well. According to the North Carolina DMV, that might include discounts for:

Excellent driving
Being a good student
Owning multiple cars
Owning a home
Installing an auto-theft alarm

9. What Should I Do After an Accident?

After an accident, you should call the police so a police report can be created. You should also collect the following information related to the other driver:

Basic Information: Name, address, and phone number
License Information: Driver’s license and license plate number
Insurance Information: Name of the insurance company and policy number

Additionally, if you feel you are injured, even slightly, always seek medical treatment after an accident. Official documentation of your injuries can be very useful in insurance claims.

Before speaking to an insurance adjustor, you should contact a reputable and experienced personal injury lawyer.

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

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Contact Myers Law Firm If You’ve Been in an Accident

Winning an insurance claim in North Carolina can be a very complicated process. Due to Contributory Negligence Laws, if you are found to be just 1% responsible for the accident, the insurance company is not required to provide compensation. Working with a skilled and experienced personal injury lawyer from the start can help you prove the other driver’s negligence and receive fair compensation for any injuries and damages you’ve suffered.

Contact Myers Law Firm for assistance navigating North Carolina’s contributory negligence laws and determining the strength of your potential claim. Please complete this brief online form or call (704) 376-3000 today to schedule your free consultation.

References

A consumer guide to automobile insurance. (2018, March). North Carolina Department of Insurance. Retrieved from http://www.ncdoi.com/_Publications/ Consumer%20Guide%20to%20Automobile%20Insurance_CAU1.pdf

North Carolina car insurance. (2013, October). Department of Motor Vehicles. Retrieved from https://www.dmv.org/nc-north-carolina/car-insurance.php

What is the penalty for driving in North Carolina without insurance? (2017, November). Car Insurance Comparison. Retrieved from https://www.carinsurancecomparison.com/what-is-the-penalty-for-driving-without-car-insurance-in-north-carolina/

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

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3 Reasons You Should Get Medical Treatment After a Car Accident

Three Reasons to Go to the Doctor After Car Accident
Myers Law Firm: Helping North Carolina Car Wreck Victims Seek Justice and Prioritize Health

Three Reasons to Go to the Doctor After Car Accident

It might be tempting to skip going to the doctor after you’ve been in a car accident. Maybe you think you can tough it out, or you’re hoping the pain will get better on its own. Before you skip going to the doctor, take a few minutes and read this article. There are plenty of good reasons why you should always receive medical attention after you’ve been involved in a car accident.

Here are three reasons to go to the doctor after experiencing a car accident.

1. You Need to Take Care of Yourself and Look Out for Your Long-Term Health

First and foremost, you need to take care of yourself. Even if you think you can tough it out or don’t believe you are injured very badly, it’s still best to seek medical attention. Latent injuries like concussions, whiplash, or internal wounds are not always immediately apparent, and they can become more dangerous (and more expensive) the longer you wait to seek treatment.

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

Traumatic car accidents can also cause mental and emotional damage that can be just as damaging as physical injuries. Emotional stress is very real and, like physical injuries, can be dangerous when left untreated. It’s not unusual for victims to experience stress, anxiety, insomnia, or even PTSD after a terrible accident. It’s normal to have a fear of driving or even riding in a car for some time. A medical professional can recommend appropriate treatment for your emotional anguish and help you begin to live your life again after a wreck.

2. Visiting a Doctor Right Away Can Help You Avoid Bogus Arguments From the Insurance Company

Medical bills can pile up after a car crash, and going to the doctor if you are injured ensures detailed documentation of your injuries. Insurance companies will review this paper trail when assessing your claim and deciding how much money you’re owed.

The insurance company wants to settle your case as quickly and cheaply as possible after an accident. They’ll do whatever they can to claim that you were not injured. When you try to tough it out and wait to go to the doctor but then demand compensation for your injuries later, the insurance company will claim that you aren’t owed anything because your injuries weren’t severe enough to merit going to the hospital right away.

While this bullying tactic isn’t fair to victims who’ve been injured in an accident that was not their fault, it happens every day — which is why, in addition to seeking prompt medical treatment, reaching out to an experienced car accident lawyer is in your best interest. An attorney can deal with the insurance company and help you navigate the complex insurance claims system in North Carolina.

3. Medical Treatment Establishes Critical Evidence for a Lawsuit

You might not want to think about anything other than recovering from your injuries after a car accident, but when you’ve sustained traumatic injuries because of someone else’s negligence, you deserve fair compensation. Medical records document your physical condition. The longer you wait to get examined, the more challenging it will be to prove the extent of your injuries and demand compensation for your suffering.

Medical records allow your attorney to support you in the event you decide to file a lawsuit to obtain compensation for your losses and suffering. These records provide evidence to support your claims. X-rays, doctor’s notes, and patient files are all proof that you’ve suffered as much as you say you have. Without these records, it would be incredibly challenging for you to prove your case, no matter how devastating your injuries. If you can’t prove these damages, in the eyes of the court, they don’t exist. Going to see a medical professional for physical and emotional wounds is the best way to make sure you have everything you need to fight for justice and fair compensation.

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Myers Law Firm: Helping North Carolina Car Wreck Victims Seek Justice and Prioritize Health

If you’ve suffered injuries as a result of another driver’s negligence in North Carolina, you’re entitled to financial compensation under the law. The attorneys at Myers Law Firm are experienced, compassionate, and ready to fight for justice on your behalf.

Please contact us today by calling (888) 376-2889 or completing our easy and convenient online contact form to schedule your free consultation.

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

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

Medical Bills
Identify Payment Sources for Your Medical Bills
You Should File with Your Health Insurance, Even if You Might Have to Reimburse Your Insurance Company When You Settle Your Claims
If You Have Unpaid Medical Bills, Watch Out for Liens
Myers Law Firm: Fighting for Car Accident Victims in and Around Charlotte, North Carolina

Medical Bills

After a serious car accident, you might find yourself struggling to get out from under a growing pile of medical bills. Fortunately, there are several options available that may be able to help you cover these expenses. Before you write the hospital a check, read this article and learn how you can address your medical bills after a car wreck.

Identify Payment Sources for Your Medical Bills

After a car crash, it’s important to carefully assess both the negligent driver’s insurance coverage and your own policy. Depending on the types of coverage available and their policy limits, you might have a variety of claims for compensation, including:

Liability insurance
When someone else’s negligence causes a car crash in North Carolina, you should be able to file a claim against their liability insurance policy. You can file a claim for your losses, including the amount of your reasonable and necessary medical expenses, up to the driver’s policy limits.

Uninsured/underinsured motorist coverage (UM/UIM)
If the driver who hit you is uninsured or has very low policy limits that won’t cover your medical bills, your personal injury lawyer can help you file a claim against your own uninsured/underinsured motorist policy, assuming you have one (which is always a good idea).

Med Pay
Med Pay is another optional type of coverage that you can add to your auto insurance policy in North Carolina. If you have Med Pay coverage, it will cover your reasonable and necessary medical bills up to your policy limits. Unlike other types of auto insurance in North Carolina, Med Pay is a no-fault system. In other words, it should cover your bills regardless of who caused the accident.

Health insurance
If you have health insurance, either through your employer or a public agency, you should submit your bills to your insurance company for payment. (We’ll explain why this is important later in the article). Keep in mind that if your health care providers have access to your insurance information, they may have already submitted your medical bills to your insurer without even notifying you.

Workers’ Compensation
If you suffered injuries because of someone else’s negligence and you were working at the time, workers’ compensation may cover your injuries. Usually, workers’ compensation is an “exclusive remedy,” which means that once you receive workers’ compensation benefits for an injury, you can’t file any other claims related to that injury. However, in some instances — like if another person causes a car accident and injures you while you’re on the job — you may have a claim against that person. If workers’ compensation applies and you also decide to file a claim against the other driver’s insurance company, then you may have to pay the workers’ compensation insurance company back.

If the types of insurance coverage listed above either don’t apply or don’t cover the extent of your medical bills, then you’ll be responsible for the balance. Trying to figure out which types of coverage apply to your situation can be a confusing process, so if you need help, contact an experienced personal injury lawyer.

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You Should File with Your Health Insurance, Even if You Might Have to Reimburse Your Insurance Company When You Settle Your Claims

If you have health insurance, then we recommend that you file all the claims you can with your health insurer. Sometimes your personal injury claim can take a long time to resolve, depending on the issues. Meanwhile, the medical providers may not care that you’re waiting for your injury claim to settle, and they might send your bills to collections. Filing timely claims with your health insurance company prevents you from having to worry about collections and the resulting damage to your credit.

Under North Carolina law, the company that provides your private health insurance policy can’t demand repayment of medical bills that they’ve already covered, even if you later receive compensation to address those bills via insurance benefits or a settlement.

However, this is not true for public health insurance plans such as Medicare and Medicaid, or if you have coverage through your job and your employer qualifies under a federal law called the Employee Retirement Income Security Act (ERISA). If Medicare or Medicaid pays your medical bills, and you later file an insurance claim and receive compensation for those bills, you’ll have to reimburse the government. If you have an ERISA plan, you may have to pay back your health insurance company.

If you have a type of health insurance that requires reimbursement, you and your lawyer should contact the relevant program before you settle your injury claims. If you fail to account for these reimbursements when you receive a settlement, you might face significant fines and penalties.

At Myers Law Firm, we work to ensure that our clients comply with reimbursement rules for Medicaid, Medicare, and ERISA. If you become eligible for Medicaid or Medicare while we represent you, let us know right away. Usually, we need to contact these organizations at least 30 days before we settle a claim to make sure your compensation complies with state and federal laws.

If You Have Unpaid Medical Bills, Watch Out for Liens

If you work with an attorney to file a personal injury claim and you receive financial compensation, then any doctors, practices, hospitals, or ambulance services to whom you owe money may be able to receive a portion of your award or settlement. One tool that these providers can use to get the money you owe them is called a lien.

A lien essentially gives someone the right to an asset or amount of money. If a medical provider successfully files a lien against a portion of your injury settlement, then the provider has the right to receive some of the settlement funds. If there are any liens against your injury claims, those liens will get paid out of your settlement using a mathematical formula established by North Carolina law.

However, medical providers must follow specific rules before they can file a lien. First, the provider must give you or your lawyer copies of your medical records and bills, and they must do so at no cost to you. Second, the provider must send a written notice to you or your lawyer advising you about the lien.

Sometimes, medical providers will negotiate a reduction in the value of medical bills or liens. Depending on the circumstances surrounding your claim, your personal injury lawyer might be able to cut down on your liens and outstanding medical bills, especially if you’re settling your claims for less than the total amount of your medical bills.

For more information about medical liens and your options to address medical bills after a car wreck, schedule your free consultation with Myers Law Firm today.

Myers Law Firm: Fighting for Car Accident Victims in and Around Charlotte, North Carolina

At Myers Law Firm, we understand that a serious car crash can leave you with confusion, stress, and anxiety — not to mention lots of medical bills. If you or a loved one has suffered injuries 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 for you.

To schedule your free consultation with an experienced injury lawyer from Myers Law Firm, call our offices today at 888-376-2889 or fill out our online contact form. We’ll 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.

Reference

Lien created; applicable to persons non sui juris. N.C. Gen. Stat. § 44-49 (2001). Retrieved from https://www.ncleg.net/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_44/Article_9.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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These 4 Factors Will Affect Your North Carolina Motorcycle Accident Case

Four Important Factors That Could Significantly Impact the Outcome of Your Motorcycle Accident Case
Myers Law Firm: Fighting for Motorcycle Accident Victims in Charlotte and Throughout Mecklenburg County

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.

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.

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.

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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.

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

Settlement Offer
What’s My Personal Injury Case Worth
Calculating Your Economic Damages?
Valuing Your Pain and Suffering and Your Other Non-Economic Damages?
Understanding the Strength and Weaknesses of Your Case
Should I Use an Online Settlement Calculator?
How to Negotiate with the Insurance Company
Myers Law Firm: Fighting to Protect Injured Victims in and Around Charlote, North Carolina

Settlement Offer

After a serious injury, the insurance company might offer you a settlement and discourage you from contacting a personal injury lawyer. You might understandably feel tempted to take this offer and just put the whole thing behind you so you can focus on recovering.

Even though it may seem like the simpler and easier option right now, however, hastily accepting a settlement offer might not put things behind you at all. In fact, it can create serious financial problems for you that could lead to a lot of stress, hardship, and regret before long.

Before you make any decision about a settlement offer, you need to understand your options and know about the factors that can affect the value of your case. Read on to learn more about how you can evaluate a settlement offer from the insurance company and decide whether it’s fair.

What’s My Personal Injury Case Worth?

Your claim’s value isn’t simply based on numbers. You’ll also have to weigh factors that might impact your chance of success at trial — which is also what the insurance company is doing on the other side when they decide how much to offer you.

RELATED VIDEO: Client Success Story | Janet

When insurance companies review personal injury claims, they consider several things:

The total monetary value of your damages (medical bills, lost wages, pain and suffering, etc.)
The costs associated with defending the claim (including legal and expert witness fees)
Whether there are weaknesses in your claim, such as a pre-existing medical condition or the potential for a defense based on contributory negligence
Whether you’ve hired an experienced personal injury lawyer who’s willing to take your case to trial and fight aggressively on your behalf

Before you respond to a settlement offer, you should consider all these factors. It’s impossible to get into the specifics of how you should weigh each factor without knowing the facts of your case, but you can always contact an experienced personal injury lawyer to get advice based on your unique circumstances.

Calculating Your Economic Damages

You should never settle your personal injury claim before you calculate your economic damages. Economic damages are the financial losses associated with your personal injury claim. They can include:

Medical expenses, including the cost of surgeries, medications, hospitalizations, ambulance rides, and other therapies
Lost wages and income
The cost of repairing or replacing your property
Attendant care (household services you have to pay for after the accident)
Funeral and burial expenses (if you have a wrongful death case)

The first step towards calculating your economic damages is compiling all your existing medical bills, receipts, check stubs, and other financial information.

RELATED BLOG ARTICLE: Dealing with Diminution of Value Claims

Your economic losses also might extend into the future, especially if you won’t be able to work again or if doctors believe your injuries will require additional medical treatment later. In addition to organizing your medical bills and the other expenses you’ve incurred so far, you’ll need to figure out the value of your future medical bills and lost wages. This usually requires help from an expert, which an attorney can arrange for you.

Valuing Your Pain and Suffering and Your Other Non-Economic Damages

When you file a personal injury claim in North Carolina, you can demand compensation for your non-economic losses, including:

Pain and suffering
Emotional distress
Your inability to participate in hobbies and other activities (sometimes called “loss of enjoyment of life”)
Negative consequences for your relationship with a spouse, parent, or child (also called “loss of consortium”)

Compared to economic damages, calculating your non-economic damages is more of an art than a science. There isn’t a simple formula that judges and lawyers use to compute these losses, and two different courts might value the same person’s pain and suffering very differently. This can make it very difficult for you to try and estimate your pain and suffering damages without help from a lawyer.

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Understanding the Strengths and Weaknesses of Your Case

Damages aren’t the only factor insurance companies use to decide how much to offer a victim. Even if you have millions of dollars in medical expenses and lost wages, the insurance company might offer you only a modest settlement if there are serious problems with your case.

For example, if your actions contributed to your injuries in any way, North Carolina’s strict contributory negligence laws might bar you from receiving any compensation, even if the other person’s negligence was the main cause of the accident.

Additionally, the insurance company will consider how much it might spend on attorney’s fees, expert witnesses, and litigation expenses if your case went to trial. If your case would be expensive to defend and hard to win, the insurance company might be more willing to offer you fair compensation for your injuries.

On the other hand, if the insurance company doesn’t think there’s any risk of your case going to trial, then they won’t see much incentive to make you a fair settlement offer, even if the damages in your case are extensive. This is one reason why it’s important to get an attorney involved in your claim as soon as possible. Hiring an attorney doesn’t mean your case has to go to trial; in fact, it makes it more likely your case will end in a successful settlement, because it calls the insurance company’s bluff and forces them to get serious about their settlement offer if they want to avoid a costly trial.

Should I Use an Online Settlement Calculator?

You might find tools that claim to be “settlement calculators” on the Internet, but they’re typically worthless. Assessing the value of your personal injury claim involves more than simply punching some numbers into a calculator. We’ve tested out some of these online calculators, and we frequently encountered the following problems:

They can’t account for all the relevant factors.
Sometimes, we’ll meet with a potential client who has a lot of medical bills and lost income, but there are serious legal problems with their claim. An online calculator can’t factor in important details about your case, such as whether you had pre-existing conditions or whether the defense might be able to argue that your own actions contributed to your injuries.
State laws vary dramatically.
A case that a lawyer in one state would consider high-value might be worth a lot less in another state (and vice versa). Online calculators don’t factor in how differences in state law might impact your claim, and the impact of these differences can be enormous.
You probably don’t have all the information the calculator needs.
The calculator will ask you to input the costs of your future medical expenses and the value of your future lost wages, but as we discussed earlier, accurately estimating these figures requires help from an expert.

How to Negotiate with the Insurance Company

The process of settling a case is very much a negotiation, and as in most negotiations, the first offer is rarely the “real” offer. Typically, an insurance adjuster will offer you much less than the true value of your case when they give you an initial settlement offer, especially if you don’t have a personal injury lawyer. Most likely, the adjuster is just “fishing” to find out whether they can easily make your case go away by offering you a relatively small amount of money.

And although hiring a lawyer can improve your chances of successfully negotiating a fair settlement, sometimes the insurance company flat-out refuses to make the victim a reasonable offer. When this happens, there’s no other way to get fair compensation for your injuries than to file a lawsuit and take your case to trial.

Fortunately, hiring an experienced lawyer and approaching your personal injury claim with a trial mentality from the beginning actually makes it more likely you can avoid going to court. That’s because it will let the insurance company know you’re serious about your claim and tell them they need to make a serious settlement offer if they want to avoid litigation. And if a trial does become necessary, you’ll be ready for it, because you and your attorney will have been preparing every step of the way.

Myers Law Firm: Fighting to Protect Injured Victims in and Around Charlotte, North Carolina

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’re here to 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 initial consultation with an experienced North Carolina injury attorney. We’ll 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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When and How Can I Modify Child Support in North Carolina?

Separation Agreement or Consent Order
Child Support Overview
Seven Common Reasons Parents Request a Child Support Modification
A Family Law Attorney Can Help You Modify Child Support – Here’sHow
Need to Modify Your Child Support Payments in North Carolina? Myers Law Firm Is Here to Help

Separation Agreement or Consent Order

When a couple divorces, the non-custodial parent makes ongoing, court-ordered payments to the parent who has custody of the child. These payments help cover the child’s reasonable needs and expenses. The parties work out a child support payment amount in a separation agreement or consent order, or the court orders an amount after a trial.

Child Support Overview

In North Carolina, the courts determine the amount of child support based on a formula that looks at three primary factors:

The gross monthly income of both parents
The custody schedule
The number of children

If a party wishes to modify a child support order, they can file a motion with the court at any time. However, understanding the conditions that qualify for filing a child support modification are important, and we’ll discuss seven common scenarios in this article.

In addition, the child support modification process is complex, so we’ll also explain why you should consider hiring an attorney and how Myers Law Firm can help you and your loved ones with a child support case.

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Seven Common Reasons Parents Request a Child Support Modification

To start the process, if you’re trying to increase or decrease child support, you must provide enough evidence to justify the change.

If child support is part of a marital settlement agreement, the court can modify the child support order if the court finds that the amount in the agreement is unreasonable. However, if the child support order is based on a court order, the child support amount can’t be changed unless you prove that there has been a substantial change in circumstances.

What counts as a “substantial change”? Below are seven common scenarios that may qualify for a child support modification.

1. The passage of three years since the entry of the prior order and a 15% or more change in the amount of child support

In North Carolina, courts use a set of legal guidelines called the North Carolina Child Support Guidelines to set child support. If your existing order is at least three years old, and if an application of the Guidelines to your current situation would change your child support by 15% or more, this is considered an automatic substantial change of circumstances.

2. Your child’s needs suddenly change

If your child unexpectedly needs additional care for a medical or educational reason, this could be grounds to increase child support. On the other hand, a child no longer requiring daycare services could lower the amount of child support owed. If your child’s needs suddenly change for some reason, it may be time to reassess child support payments.

3. A significant involuntary decrease in a parent’s income, even if the child’s needs have not changed

A loss of a job or mandatory reduction in hours at work can be a good reason to reevaluate child support payments.

4. A voluntary reduction in a parent’s income and a child’s needs decreasing

If one parent takes a lower paying job, quits, gets fired, chooses to take fewer hours, or otherwise reduces their income by choice, this is not grounds for changing child support unless the child’s needs have also decreased at the same time. In situations like this, the parent requesting a change must show:

A reduced ability to pay
That the decrease in income was not due to bad faith
That the child’s needs have also decreased

If you can’t prove all these circumstances, you probably won’t succeed in trying to modify your child support agreement.

5. Your child begins receiving public assistance

Receiving public assistance creates a debt to the State of North Carolina, which makes the State an interested party with standing to request a modification in child support payments.

6. A change in the physical custody of a child

If you’re the parent requesting the modification and your child moves in or out of your home, this may count as a significant change in circumstances.

7. The end of a parent’s obligation for one or more of the children who are included in the child support order

In the case of multiple children, when one child is no longer eligible for support (for example, when he or she turns 18), a request to modify the payment amount for the remaining children is valid.

Not all changes in income count as a substantial change in circumstances, though. Here are some common situations that do not provide grounds for a child support modification:

A Chapter 11 petition for bankruptcy
An increase in a parent’s financial responsibility for children who aren’t part of the child support agreement in question
A substantial voluntary decrease in the income of either parent
A substantial increase in the custodial parent’s income

A Family Law Attorney Can Help You Modify Child Support—Here’s How

Modifications to child support look deceptively easy. In theory, all you need to do is file a form and appear in court.

In reality, the process can be complicated and challenging. For example:

You’ll have to provide proof of a substantial change in circumstances.
You and the other parent may disagree, and the other parent may fight tooth and nail — possibly with help from a lawyer — against your attempt to modify child support.
The child support modification process can be time-consuming; in fact, sometimes it can last as long as the original child support case.

Because of these potential complications, you may want to consider hiring an attorney to act as your advocate in the child support modification process. An experienced and dedicated family law attorney will help navigate the legal complexities, save you time and frustration, and stand up for your rights in court.

Need to Modify Your Child Support Payments in North Carolina? Myers Law Firm Is Here to Help

At Myers Law Firm, we know that child support disputes are hard on everyone involved. If you need to modify your child support payments, the experienced family law attorneys of Myers Law Firm are ready to stand up for you and protect your rights.

We understand that child support is a complicated and important issue to you, so we’ll move quickly to learn about your situation and find a legal solution that meets your unique needs. To schedule your initial consultation today, please call our Charlotte office toll-free at 1-888-376-ATTY (2889) or contact us using our online contact form.

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.

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Car Accident or Crash? Why What You Call It Matters

Car Accident Term Debate
What Is an Accident?
Why Is Using “Accident” Controversial??
The Case for “Accident”
The Transition to “Crash”
Myers Law Firm: Advocating for Car Crash Victims in North Carolina

Car Accident Term Debate

Is it a car accident, crash, wreck, or collision? Whether you’re watching the news, listening to the local radio, or getting an alert from your smartphone, one of those terms describing a traffic incident is commonly used. But when is a traffic collision considered an “accident,” and when is it a determined to be a “crash”?

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How Wrongful Death Lawsuits Work in North Carolina

Wrongful Death
How Wrongful Death Lawsuit Work
Damages Recoverable in a Wrongful Death Action
Myers Law Firm: Advocating for Wrongful Death Victims and Their Loved Ones in North Carolina

Wrongful Death

In life, an injured victim of someone else’s negligence might pursue a personal injury lawsuit to receive compensation for medical expenses, lost wages, and other losses. However, if that victim dies from their injuries, they still deserve justice, which is why wrongful death actions exist.

North Carolina law defines a wrongful death action as a civil case in which the victim’s death was caused by negligence, wrongful acts, or fault of another. When someone passes away, the decedent’s personal representative (usually a close family member) can file for monetary compensation in place of the personal injury lawsuit that the decedent would have filed.

While financial compensation can’t right the wrong of someone’s death, it can provide the victim’s family and loved ones with an important sense of emotional closure and some financial security that addresses the loss of what their loved one would have been able to provide.

How Wrongful Death Lawsuits Work

While someone’s death may be related to a corresponding criminal case, a wrongful death lawsuit is a civil case, which means the liability of the defendant is limited to financial compensation. The decedent’s personal representative is the only person who can file a wrongful death lawsuit.

Note that a civil case and criminal case aren’t mutually exclusive: civil cases can be filed in addition to a corresponding, ongoing criminal case, and the criminal judgement can assign different penalties, such as jail time, to the at-fault parties.

Who Can File a Wrongful Death Lawsuit? Only an individual designated as the decedent’s personal representative can file a wrongful death claim as the plaintiff. If the decedent had a will, the personal representative is the executor named in the will. If the deceased person had no will, the person who qualifies as the administrator of the estate under the North Carolina intestate succession laws (which are the laws that govern who receives funds from the estate of a person who passes away without a will) is the personal representative. If the executor or administrator is unable or unwilling to serve as the personal representative, the court will appoint the public administrator to serve.

Who Are the Beneficiaries of the Lawsuit? North Carolina law dictates that only certain persons may receive the proceeds of a wrongful death lawsuit. These people are the individuals who would receive proceeds pursuant to the intestate succession laws. The proceeds do not go into the deceased person’s estate but rather pass outside of the estate, which prevents creditors of the estate from obtaining any of the proceeds. If the deceased person had a will, the person who qualifies under intestate succession could be different than the beneficiaries of the will.

What Are the Requirements? The plaintiff in a wrongful death case generally needs to prove two things to successfully pursue their claim. They need to:

1. Prove that the defendant is the “cause in fact” of the victim’s death. This requirement is generally easy for the plaintiff to prove, as it only concerns whether the defendant was directly responsible for the victim’s death.
2. Prove “proximate cause.” This second requirement is often more difficult to prove, as the plaintiff must demonstrate that the victim’s death was a foreseeable result of the defendant’s actions and that, therefore, the defendant should be held liable.

What Is the Statute of Limitations?

For most cases in North Carolina, a wrongful death lawsuit must be filed within two years of the date of the victim’s death. Although certain factors could extend the statute of limitations for a wrongful death case, it’s best not to count on this; instead, you should contact an experienced North Carolina wrongful death attorney as soon as possible so they can listen to your story and help you decide what your best course of action is.

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Damages Recoverable in a Wrongful Death Action

The monetary compensation that victims receive after successfully pursuing a wrongful death claim is called “damages” in legal terminology. The idea behind these damages is that the defendant, if found to have acted negligently, must pay the plaintiff to address the losses and harm that resulted from their negligent actions (although in most cases, the defendant’s insurance company actually pays the damages).

North Carolina law dictates the various types of damages that courts can award to plaintiffs in a civil lawsuit. In a wrongful death case, the possible damages include:

Medical expenses resulting from injuries
Funeral and burial expenses
Compensation for pain and suffering
Loss of income
Loss of the decedent’s services, protection, care, companionship, and guidance

In cases where the plaintiff can prove malice, willful conduct, or wanton conduct on the part of the defendant, courts may also assign punitive damages in addition to the damages listed above. Punitive damages are designed to punish the conduct that led to the victim’s death and provide a warning against others who might consider acting in a similar negligent manner.

Myers Law Firm: Advocating for Wrongful Death Victims and Their Loved Ones in North Carolina

Because North Carolina law limits the time frame to file a wrongful death lawsuit, it’s important to act quickly and contact an experienced attorney if you’ve lost a loved one due to someone else’s negligence. At Myers Law Firm, we can help you determine whether your case may be filed as a wrongful death action and what your next steps are. Attorneys Matt and Lee Myers of Myers Law Firm have extensive experience dealing with wrongful death lawsuits and are here to stand up for the victims of negligence in the Mecklenburg County area.

We offer free initial consultations for all wrongful death cases, so call our offices at 888-376-2889 to discuss your case with one of our attorneys today at no risk to you. You can also fill out our brief contact form and we’ll get back to you right away.

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

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The 5 Most Common Causes of Bike Crashes and How to Avoid Them

Accident Involving Cyclist
Watch Out for These Common Cycling Accident Scenarios
Contact Myers Law Firm If You’ve Been Hurt in a Bike Accident in Mecklenburg County

Accidents Involving Cyclists

Cycling isn’t an exceptionally risky way of traveling — especially when enjoyed with proper safety precautions like bike lights and reflective clothing, but cyclists are overrepresented among those who suffer injuries and die in motor vehicle crashes.

Most of the crashes that involve cyclists in North Carolina are completely preventable, and they often happen because motor vehicle drivers aren’t paying attention and aren’t looking out for cyclists on the road. These crashes tend to follow specific patterns, and if cyclists and motor vehicle drivers alike looked out for these patterns, bike crashes and fatalities could fall dramatically.

Watch Out for These Common Cycling Accident Scenarios

Listed below are five of the most common situations that lead to car-on-bike crashes. While knowing about these scenarios won’t prevent every possible crash, you can still reduce your risk and keep yourself (and others) safe by learning about these dangerous cycling situations and how to avoid them.

Crash Scenario #1: The Left Cross
- How it happens: A left cross crash happens when a car or truck driver makes a left turn but fails to see a bicyclist traveling in the opposite direction on the other side of the road. This type of crash accounts for almost half of all car-bike crashes, according to the Pedestrian and Bicycle Information Center (PBIC).
- How to avoid it: Bicyclists riding on sidewalks are a common factor in these crashes, as drivers may not be looking out for fast-moving vehicles off the roadway, and trees or parked cars can hide cyclists on sidewalks from view. To reduce the risk of a left cross accident, cyclists should always ride on the road whenever possible. Meanwhile, motor vehicle drivers need to look out for cyclists both on the sidewalk and in the oncoming lanes before turning left.

Crash Scenario #2: The Right Hook
- How it happens: This type of crash occurs when a car or truck passes a cyclist and then suddenly turns right, moving directly into the cyclist’s path.
- How to avoid it: Right hook crashes often occur when motor vehicle drivers fail to use their turn signals and then put their vehicle into a cyclist’s path without any warning. Drivers need to signal their turns properly, while cyclists should watch out while passing stopped or slow-moving cars and take a lane when necessary for safety.

Crash Scenario #3: Getting Doored
- How it happens: A cyclist “gets doored” (as most bike riders refer to it) when a car or truck driver opens the driver’s-side door directly into their path, either hitting them from the side or causing them to run into the door at high speed.
- How to avoid it: These types of accidents almost always happen when a cyclist is riding alongside a line of parked cars. Motor vehicle drivers are usually at fault for dooring accidents, and it’s their responsibility to check for cyclist traffic before opening the door of their vehicle. Avoiding a crash is better than getting hurt and being “in the right,” though, so cyclists should exercise caution when driving alongside parked vehicles by riding at least three feet away from them and watching upcoming vehicles for signs of a potential door opening (for example, brake or tail lights being on, movement inside the vehicle, etc.).
Crash Scenario #4: The Alley-Oops
- How it happens: This type of accident occurs when a car or truck pulls out of an alley, a parking lot, or a garage and hits a cyclist.
- How to avoid it: Again, cyclists riding on sidewalks are a frequent factor in these accidents, so bike riders should always ride on the road unless traffic or roadway conditions prohibit it. However, motor vehicle drivers also have a responsibility to check for both vehicle and pedestrian traffic before they pull out from a garage, parking lot, or alley.
Crash Scenario #5: Getting Rear-Ended
- How it happens: Rear-end crashes happen when a car or truck hits a bike rider from behind.
- How to avoid it: As with most rear-end crashes, the driver who hits the other party from behind is often at fault. However, cyclists can bear some of the fault too, especially if they weren’t following the North Carolina laws that require bike riders to have a red rear light or wear a reflective vest when riding at night. Cyclists need to follow these laws and make sure they’re visible in dim conditions, while car and truck drivers have a responsibility to pay attention to the road in front of them and watch out for cyclists, especially when going around curves.

Of course, even the most careful cyclists can suffer serious injuries in a crash through no fault of their own — especially when negligent drivers create dangerous conditions on the road. When this happens, these bike riders need help from an experienced personal injury attorney who understands the law and can help them hold the drivers who hurt them accountable.

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Contact Myers Law Firm If You’ve Been Hurt in a Bike Accident in Mecklenburg County

If you’ve been injured in a bicycle accident, Attorneys Matt and Lee Myers of Myers Law Firm are here to help. If you choose us to represent you, we’ll advocate for you with an aggressive legal strategy that puts your needs first. We offer free initial consultations for all personal injury cases, so there’s no risk if you want to speak with us today.

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

References

MacAlister, A., & Zuby, D.S. (2015). Cyclist crash scenarios and factors relevant to the design of cyclist detection systems (IRC-15-50). Arlington, VA: Insurance Institute for Highway Safety. Retrieved from http://www.iihs.org/frontend/iihs/documents/masterfiledocs.ashx?id=2092

Ride smart. (2010, June 28). Bicycling. Retrieved from http://www.bicycling.com/training/health-injuries/ride-smart

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

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Distraction Seems to be Causing the Rise in U.S. Traffic Deaths

Car Crash Fatalities
Distracted Driving
Studies Show That More than Half of Drivers May Be Distracted
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Car Crash Fatalities

Car crash fatalities are on the rise in the United States. The suspected culprit, according to traffic safety experts: Distracted driving.

Unfortunately, this comes as no surprise considering the general increase of cellphone use and our culture of “need-it-now” information. Compounding the widespread use of smartphones and other devices are lower gas prices and a stronger economy, which inevitably fuel more driving and therefore more traffic fatalities.

Distracted Driving

Distracted driving is anything that takes away your cognitive, visual, or physical ability to focus on the primary task of driving. When you’re behind the wheel, distractions can pop up everywhere you look. Whether it’s your cell phone, car passengers, other drivers, your car stereo or temperature controls, or even just thinking about your busy day, distractions can compromise your attention and cause a crash in the blink of an eye.

Distractions while driving, of course, have been around far longer than smartphones — in fact, they’ve been around for as long as automobiles have existed. Eating and driving, for example, is one of the most dangerous activities you can engage in behind the wheel; the National Highway Traffic Safety Administration (NHTSA) estimates that it increases your risk for a crash by 80 percent.

Still, there’s no denying that the advent of smartphones, in-car GPS, and other portable electronic devices have introduced a host of new sources for distraction without alleviating any of the distractions that already existed. With social media, mobile games, and all the information on the world wide web at their fingertips, drivers are feeling more tempted than ever to take their eyes off the road — and they’re causing more crashes as a result.

Troubling Statistics Regarding Distracted Driving

The National Safety Council (NSC) reports that the current upward trend in traffic deaths began in 2014 and shows no signs of decreasing. Nationwide, the NSC reported 17,775 traffic fatalities in the first six months of 2016 — an increase of 10.4% compared to the same period in 2015 and up 18% compared to the same period in 2014. These alarming numbers came after years of declines in the total number of annual traffic deaths.

In addition, the World Health Organization (WHO) recently reported that the United States ranked 17^th out of 29 high-income nations for the most traffic deaths per 100,000 people in 2013. The United Kingdom, Canada, Brunei, and the Philippines (just to name a few) have fewer traffic-related fatalities per capita than the United States.

As we discussed back in September, North Carolina doesn’t seem to be an exception to this trend, as state officials reported a 7.4% increase in traffic fatalities in 2015 compared to the previous year.

Robert Gordon, senior vice president for the Property Casualty Insurers Association of America, told a safety forum late last year that experts in the insurance industry believe that distracted driving is one of the primary causes behind the increase in traffic deaths. They came to this conclusion in part, he said, because traffic fatalities spiked especially sharply in urban areas where congestion is higher and driving speeds are generally slower.

“You look at urban areas where the traffic slows way down and the first thing that half the drivers do, or more than half, is pull out their iPhones and their iPads,” Gordon said. “You start talking to your friends, you check your email, maybe you send a text and that’s a huge problem.”

“Our auto insurance companies feel the biggest cause of the increasing accident frequency is this type of distracted driving,” he added.

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Studies Show That More than Half of Drivers May Be Distracted

Even though most drivers are aware of the danger that distracted driving poses, few people realize just how serious and widespread the problem is. According to one recent and highly comprehensive study from the Virginia Tech Transportation Institute, the average person behind the wheel of a passenger vehicle is distracted more than 50 percent of the time, and 70 percent of crashes involve some degree of distraction as a cause.

Researchers in this study came to this conclusion based on in-car camera footage of more than 3,500 drivers, who were filmed for a period of three years. Not only that, but they also gathered self-reported survey data from the participants, and the results are equally eye-opening:

1 in 5 drivers admitted to surfing the internet while driving;
1 in 3 sent text messages while driving; and
1 in 2 talked on the phone while driving.

Clearly, distracted driving poses a greater and more widespread threat to public safety than most people would ever care to imagine. Until lawmakers and public safety experts find a way to address this ongoing epidemic of distracted driving, traffic fatalities will most likely continue to trend in the wrong direction.

Contact Myers Law Firm

If you or someone you love has been injured in a car accident caused by a distracted driver or by any other type of negligence, Myers Law Firm is here to fight for you. When you choose us to handle your case, we promise fair and aggressive representation that places your best interests above any other concern. Please complete our online form, or call 888-376-2889 to discuss your legal options in a free, no-risk consultation.

References

DHSMV reminds motorists to focus on driving, Florida [press release]. (2016, April 1). Florida Department of Highway Safety and Motor Vehicles. Retrieved from https://www.flhsmv.gov/safety-center/driving-safety/distracted-driving/

Eating while driving. (n.d.). Decide to Drive. Retrieved from http://www.decidetodrive.org/distracted-driving-dangerous/eating-driving/

Lowy, J. (2016, October 29). Surge in U.S. traffic deaths attributed to cell phone distractions. The Associated Press. Retrieved from http://www.allgov.com/news/controversies/surge-in-us-traffic-deaths-attributed-to-cell-phone-distractions-161029?news=859681

Marshall, A. (2016, March 8). U.S. drivers are distracted more than half the time they’re behind the wheel. CityLab. Retrieved from http://www.citylab.com/commute/2016/03/major-distractions-for-drivers/472656/

Motor vehicle fatalities up 9%; No sign of a decrease in 2016, says National Safety Council. (2016, August 23). National Safety Council. Retrieved from http://www.nsc.org/Connect/NSCNewsReleases/Lists/Posts/Post.aspx?ID=134

U.S. traffic deaths jump by 10.4 percent in the first half of 2016. (2016, October 5). The Associated Press. Retrieved from http://www.nbcnews.com/news/us-news/u-s-traffic-deaths-jump-10-4-percent-first-half-n660241

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

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Why You Need More UM/UIM Coverage Than You Think

Legislative Change
About Uninsured and Underinsured Motorist Coverage
Is the Minimum UIM Coverage Enough?
UM/UIM Coverage: Peace of Mind, at an Affordable Cost?
Contact Myers Law Firm If You’ve Been Injured

Legislative Change

Since 2009, North Carolina law has required that all drivers purchase a minimum amount of uninsured and underinsured motorist coverage (UM/UIM) as part of their auto insurance policy. Previously, North Carolina required drivers to have uninsured motorist coverage, but had no requirement for underinsured motorist coverage.

Although this legislative change marked an important step toward protecting all drivers in the event of a hit-and-run incident or an accident involving an underinsured driver, it does create the unfortunate side effect of convincing many drivers that the state-mandated minimum amount of UM/UIM coverage offers enough protection for everyone.

In this article, we’ll discuss why that’s not always the right conclusion to make, and why additional UM/UIM coverage makes sense for a lot of drivers out there.

About Uninsured and Underinsured Motorist Coverage

If you’ve never paid close attention to what’s in your auto insurance policy, you might not understand what uninsured motorist coverage and underinsured motorist coverage do. While closely related, these are actually two separate types of insurance coverage that work a little differently when it comes time to file a claim.

Uninsured motorists (UM) coverage provides insurance coverage when an uninsured, at-fault driver injures you or someone else who is covered under your policy. This includes coverage for a hit-and-run accident so long as there was contact with the hit-and-run car. UM insurance also provides coverage for property damage. In a hit-and-run wreck, however, the other driver must be identified in order to claim UM property damage coverage.
Underinsured motorists (UIM) coverage covers you when an underinsured, at-fault driver injures you or someone else who is covered under your policy. UIM coverage does not provide protection against property damage.

Wondering what an “underinsured driver” means, exactly? For insurance purposes, an underinsured driver is one whose liability limits (1) are less than your UIM coverage limits and (2) won’t cover the monetary losses incurred by the people the underinsured driver injures in an at-fault accident. If you’re hit by such a driver, your UIM coverage will pay a maximum of the difference between the other driver’s liability limits and the limits of your UIM coverage.

Most responsible drivers never think much about what they’ll do if they get hit by a driver who’s not carrying insurance or who’s carrying a minimal policy that won’t cover the resulting damages. That’s because they tend to assume (wrongly, unfortunately) that the vast majority of people on the road are reasonable and law-abiding motorists, just like them.

The facts, though, paint a less rosy picture: according to the most recent (2012) data from the Insurance Information Institute, 12.6 percent of U.S. drivers — or about one in eight — are uninsured at any given time.

Fortunately, 2009 legislation made UM coverage mandatory for North Carolina drivers at a minimum level of $30,000 per person and $60,000 per accident (with a $25,000 minimum for property damage for UM coverage), and combined UM/UIM coverage (equal to the liability limits) mandatory for policies with higher liability limits. But will these limits provide adequate coverage if you get in a serious accident?

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Is the Minimum UIM Coverage Enough?

First, it’s important to understand how UM/UIM coverage works. As explained above, UIM coverage pays the difference between your UIM limits and the other driver’s liability limits. However, if you have a state-minimum $30,000 policy, then a $30,000 UIM policy would serve no purpose — because any other driver who has a valid insurance policy must also at least have the state-minimum $30,000 in liability coverage. This is why the state doesn’t mandate UIM coverage for drivers with the minimum liability limits, and why UIM coverage is only available at limits of $50,000 or more.

UIM coverage does become mandatory, however, when drivers select a policy with higher liability limits. If you purchase a policy with a $50,000 per person and $100,000 per accident liability limits, for example, then North Carolina mandates that your policy include UM/UIM coverage with a $50,000/$100,000 limit as well. In this case, your UIM coverage would apply if you were hit by a driver who only carries the minimum $30,000 in liability limits, and would cover the difference between the limits of the two policies — $20,000 per person and $40,000 per accident.

Although total coverage of $50,000 per person and $100,000 per accident may sound like a lot of money, we can tell you from experience that costs add up very quickly in the event of a serious crash with an uninsured or underinsured driver. Between medical expenses, pain and suffering, and lost wages, $50,000 may not go a long way, especially if you’ve suffered a severe injury that requires complex treatment or extensive therapy. In this scenario, you could easily find yourself still facing tens of thousands of dollars in bills after exhausting your state-mandated UM/UIM coverage.

We’re not the only ones who’ve come to this conclusion, either. According to Edmunds.com, auto insurance experts generally recommend that drivers purchase insurance coverage that allows for bodily injury liability limits of $100,000 per person and $300,000 per accident in order to protect their assets against lawsuits.

Since those recommendations are intended to protect at-fault drivers, you can see how they relate to UM/UIM claims: If experts believe the at-fault person in a serious crash could easily end up creating liability of $100,000 per person or $300,000 per accident, and your UM/UIM coverage provides $50,000 per person and $100,000 per accident in protection, that’s a massive gap between your coverage and the costs and the monetary losses you could be left with when the at-fault person’s policy won’t pay any more (or doesn’t exist in the first place). Not only that, but the total gap in coverage for you and others you care about could be several times that amount.

UM/UIM Coverage: Peace of Mind, at an Affordable Cost

As you can see, the modest extra cost of purchasing additional UM/UIM coverage beyond the state minimums can quickly turn into the kind of investment that preserves your financial stability if you get into a serious crash with an uninsured or underinsured motorist and find yourself depending on this coverage for help.

Fortunately, UM/UIM coverage tends to come at very affordable premiums — much less than you’d pay for standard bodily injury and property damage coverage. According to a 2016 roundup of insurance quotes from ValuePenguin, purchasing additional UM/UIM coverage of $100,000 per person and $300,000 per accident usually costs between $86 and $134 a year, depending on your insurer.

In general, we recommend that drivers seriously consider the benefits of additional UM/UIM coverage. While no one wants to believe they’ll be injured in an auto wreck, the reality is that bad things do happen to good drivers when other people’s negligence enters the equation. If you someday find yourself the victim of someone else’s recklessness, opting to purchase additional coverage now might turn out to be one of the best decisions you’ve ever made.

Contact Myers Law Firm If You've Been Injured

If you or someone you love has been injured in a car accident or other motor vehicle crash, you may be entitled to compensation, and the attorneys at Myers Law Firm are here to help. As a father-and-son legal team with 50 years of combined experience in the Mecklenburg County area, we know the local courts here in Charlotte.

When you choose us to represent you, we won’t hesitate to take your case to trial and defend your rights aggressively in court if necessary. We also provide free initial consultations, and we work on a contingent-fee basis for personal injury cases, which means you won’t pay any attorney’s fees unless we make a financial recovery on your behalf.

To schedule your no-risk 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’ll follow up and get in touch with you as soon as possible.

References

North Carolina Department of Insurance. (n.d.). A Consumer’s Guide to Auto Insurance. Retrieved from (http://www.ncdoi.com/_Publications/Consumer%20Guide%20to%20Automobile%20Insurance_CAU1.pdf

Uninsured and underinsured motorist coverage car insurance. (2016). ValuePenguin. Retrieved from https://www.valuepenguin.com/uninsured-underinsured-motorist-coverage-car-insurance#limits-premiums

Uninsured motorists. (2016, September). Insurance Information Institute. Retrieved from http://www.iii.org/fact-statistic/uninsured-motorists

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

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State Launches NC Vision Zero to Eliminate Traffic Deaths

NC Vision Zero
North Carolina Traffic Deaths: The Statistics
Eliminating Traffic Deaths: The Path Forward
Contact Myers Law Firm If You’ve Been Hurt

NC Vision Zero

For North Carolina officials, it’s not enough to simply lower traffic deaths. The state has taken that important goal a step further and officially implemented a traffic safety program that intends to eliminate on-road deaths completely.

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How to Obtain an Absolute Divorce in Mecklenburg County

Absolute Divorce
The Procedures for Obtaining an Absolute Divorce
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Absolute Divorce

We frequently hear in the news that celebrities have “filed for divorce” right after they separate, which gives people the impression that a divorce is as simple as waking up one day and deciding you’re finished being married. The law in North Carolina, however, doesn’t quite work this way.

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How to Protect Gifts and Inheritances in a Divorce

Equitable Distribution
Three Categories of Properties in Equitable Distribution
Preparing for Property Division: Important Questions
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Equitable Distribution

Going through a divorce is an emotionally straining and frustrating experience that affects many aspects of your life. As you go through your married life, you accumulate assets together, like bank and retirement accounts, car titles, and mortgages. When the decision to end the marriage occurs, those assets must be divided.

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5 Critical Steps After a Car Accident

Car Accident
At the Scene of the Collision
In the Days After Your Car Wreck
Myers Law Firm: Here When You Need Us Most

Car Accident

While calling 911 and checking your car for damage might come to mind easily, other important steps to take after a collision are not as straightforward.

At the Scene of the Collision

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In the Days After Your Car Wreck

Myers Law Firm: Here When You Need Us Most

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

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U.S. Auto Accident Deaths Are on the Rise

Government Data
Drunk and Distracted Driving Remain Key Causes of Deadly Auto Accidents
Contact Myers Law Firm If You’ve Been Injured

Government Data

Government data released in August of 2016 shows that safety on U.S. roads and highways is suddenly trending in the wrong direction after decades of progress.

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What’s Yours and What’s Ours: Property Division in North Carolina

Property After Divorce
Is North Carolina a Community Property State?
Sorting It All Out: Three Classification for Property
The Property Division Process
Myers Law Firm Is Here to Help You With Divorce

Property After Divorce

No one gets married expecting to later divorce, which means that they usually don’t give much thought to who owns what property in the marriage unless a divorce becomes inevitable. When the unfortunate happens and the prospect of separation begins to loom, the process of sorting out the tangle of shared property can suddenly seem frustrating and even overwhelming.

In these situations, learning about the legal principles courts use to divide marital property during a divorce can clear up some of the confusion and help you understand what to expect. To help, we’ve composed a quick guide to the legal logic behind property division during a divorce.

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These Tips Can Reduce Pedestrian Accidents in Charlotte

Motor Vehicle Accident Involving a Pedestrian
Safety Tips for Pedestrians
Accident Prevention Steps for Drivers?
Contact Myers Law Firm if You’ve Been Injured in a Pedestrian Accident

Motor Vehicle Accident Involving a Pedestrian

Even though walking provides a stimulating and healthy way to take in the natural beauty and night life here in Charlotte, it doesn’t come without a degree of risk: our city experiences a motor vehicle accident involving a pedestrian more than once a day on average, according to figures released in a report last month by the National Highway Traffic Safety Administration (NHTSA).

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After an Injury: 3 Steps to Help Your Personal Injury Claim

Personal Injury Claim
Contact Myers Law Firm if You’ve Been Injured

Personal Injury Claim

The days and weeks after you first sustain a personal injury can be confusing and stressful: In addition to needing medical treatment for your injuries, you may be wondering what to do next and what your legal options are if you were injured due to someone else’s negligent behavior.

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“Billed vs. Paid” Is Still Bad News for Injury Victims in North Carolina

“Tort Reform in Action
How Dollar Amounts Influence Jury Verdicts
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"Tort Reform" in Action

Although “tort reform” is a popular political talking point for many public officials — especially during an election year such as this one — few people really understand what proposed tort reform measures mean for actual personal injury victims when put into practice. One particular law that passed several years ago in North Carolina continues to exemplify how so-called “tort reform” measures can deny justice to injury victims.

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Do Pre-Existing Conditions Affect Personal Injury Claims and Settlements?