Attorney Docar is able to assist clients in a wide range of corporate issues from formation and business planning, drafting corporate documents, corporate litigation, dissolution, contract review, Non-Profits, and intellectual property matters. In addition to corporate work, Attorney Docar can also assist those who are seeking counsel to help with Estate Planning matters, such as Wills, Trusts, Living Wills, Power of Attorney appointments, and Estate Administration. Lastly, Attorney Docar can also assist those clients with Personal Injury matters such as a recent motor vehicle accident, slip and falls, dog bites, wrongful death and property damage.
Attorney Inezmarie K. Docar looks forward to assisting clients of the hearing impaired community, and hopes that her knowledge of American Sign Language will make her clients feel more comfortable.
Our client was injured by a drunk drive when the drunk driver crossed the center line in the road and collided with her vehicle. Our client was severely injured in the crash impairing her ability to walk. Multiple surgeries and other medical treatment was required due to the injury.
Expert testimony was required to prove the permanent nature of the injuries and lost earning capacity. The arbitration was held before a panel of three arbitrators and the award was made of $1,000,000.00 for the injuries sustained and $100,000.00 for loss of consortium.
]]>Although there can never be any amount of reparations that will even being to help compensate the family of Ms. Shapiro for the loss that they have suffered, North Carolina attempts to do so under their Wrongful Death Statute, presently codified at G.S. § 28A-18-2. This statute states in part, "(a) When the death of a person is caused by a wrongful act, neglect or default of another, such as would, if the injured person had lived, have entitled him to an action for damages therefore, the person or corporation that would have been so liable, and his or their personal representatives or collectors, shall be liable to an action for damages, to be brought by the personal representative or collector of the decedent; and this notwithstanding the death, and although the wrongful act, neglect or default, causing the death, amounts in law to a felony..."
This means that under the statute the legal representative of the estate may bring suit against any person who is responsible in causing the decedents death. Looking to the case at hand, it means that the legal representative of Ms. Shapiro's estate may bring a wrongful death claim against Dr. Cook or anyone else who contributed to Ms. Shapiro's death. However, unfortunately many people do not realize that they still have the ability to make such a claim on the decedent's behalf. In order to bring a wrongful death claim, an estate must be opened and a legal representative for the estate must be named by the Clerk of Court. It is important to note that simply being named as Executor in a person's will is not sufficient, and there must be a formal appointment by the Clerk. The statute of limitation to file a wrongful death claim in North Carolina is 2 years.
It is therefore important that you have a North Carolina personal injury attorney who is not only well versed in personal injury law, but also estate administration to assist you in any case that results in death.
At least one lawsuit has been filed and others are expected to follow in the coming weeks and months. Many might view the timing of the lawsuits in a negative light since the wounds are so fresh to the victims and their family members. Unfortunately the lawsuits are necessary in a day and age when corporations and their insurance companies will go to great lengths to conceal, withhold or in some rare cases destroy evidence. The purpose of the lawsuits are to invoke the court's power and force any and all potential defendants to share valuable evidence with the victims before it becomes stale or the proverbial trail to responsibility gets cold.
It is unclear at this time as to whether any of the potential defendants in this case have taken any steps to withhold valuable evidence but it has become clear the victim's lawyers are not going to give them a chance.
It is important for employees and their families who were affected by the explosion to consult with a qualified attorney. Many employees might believe the only avenue of recovery to be a worker's compensation claim. However, if a third party is found to be negligent, such as the contractor alleged in the lawsuits, the victims can recover not only worker's compensation but other damages not generally available through the worker's compensation system.
Prior to trial, the Plaintiff's Attorney will deal almost exclusively with the insurance company of the Defendant in attempts to settle the case. Insurance adjusters, rather than the named Defendant, will be making decisions as to whether to go to trial or settle a valid injury claim. Despite the involvement of the insurance company pretrial, juries are often completely unaware of the presence of insurance.
North Carolina G.S § 8C-1, Rule 411 states: "Evidence that a person was or was not insured against liability is not admissible upon the issue whether he acted negligently or otherwise wrongfully. This rule does not require that exclusion of evidence of insurance against liability when offered for another purpose, such as proof of agency, ownership, or control, or bias or prejudice of a witness."
In other words, proof of liability insurance cannot be mentioned at trial if the purpose of bringing up the insurance is to show the fault of the insured. In most accident cases in North Carolina, the mere mention of insurance can lead to a possible mistrial. Though jurrors are not allowed to know it, in the majority of personal injury matters the defendant will not be paying the judgment, their insurance will.
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The prosecution of dog attack/bite cases can be a lot more complicated than one might presume. In order to prevail, the owner or keeper of the dog must be shown to have acted in a negligent manner. A common misconception is every dog gets "one free bite". This is not always the case and a recovery can often be achieved when the dog has never bitten or attacked in the past. Another issue that can complicate the case is the type of insurance the owner carries. Many policies now exclude dog attacks form coverage. At Hull & Chandler, we are experienced at handling dog attack cases and have experience in obtaining recoveries where other law firms have told the claimant the case is without merit. If you or a family member has been injured by a dog or other domestic animal you need to consult a personal injury attorney who is experienced in handling similar cases.
In North Carolina every driver is required to have $30,000.00 of liability coverage per person $60,000.00 per accident. ( N.C.G.S. § 20-279.21) This liability coverage does not cover you but rather covers the injuries of the other party if you are at fault in an accident. While these same limits have applied since 1999, medical costs and other measures of damages have increased dramatically. Depending on your personal assets, a higher amount of liability coverage may be recommended.
As stated above, liability coverage does not pay you if you are injured. Since many drivers have the minimum limits coverage described above or no insurance at all, you may want to purchase Uninsured Motorist Coverage (UM) and Under Insured Motorist Coverage (UIM). Under Insured Motorist Coverage (UIM) protects you if the at-fault driver does not have enough insurance coverage to pay your claim. Uninsured Motorist Coverage (UM) can be purchased to protect you if the at fault driver has no insurance at all.
Adding UM and UIM coverage should not be very costly and may be very important in the event you actually have an insurance claim. If you would like to discuss your insurance policy with a lawyer please feel free to contact the law offices of Hull & Chandler, P.A.
]]>Along with the expansion of the office, we are in the process of upgrading the technology in our conference room to allow computer and internet access. We hope that the improved technology will help us more effectively serve our clients in the future.
It is also important that the law firm have experience with your particular type of claim. Specific injuries may require specialized medical treatment for recovery and expert testimony to prove your case. An attorney already familiar with your type of injury and claim will know how to prove your case in court.
Since many injury cases go to court, there is extensive legal precedent that can trip up a novice attorney. Familiarity with this legal precedent will allow your attorney to better advise you as to the value of your case during settlement negotiations.
When deciding on which law firm best fits your needs it is important that you be able to speak with an actual attorney. If you are unable to speak with the lawyer up front, you may not have easy access to the lawyer later in your case.
Choosing an experienced personal injury lawyer to assist you in your injury case can help maximize the value of your claim and prevent unnecessary delay in resolving your claim.
At Hull & Chandler, P.A., located in Charlotte, North Carolina, we feel that we fit the criteria above and would be happy to discuss your case with you.
]]>Without a Will, North Carolina law decides how your property will be distributed. The State's way of distributing your estate may be very different from the way you want it distributed. The following are some examples of what may happen if the State decides where your assets to at your death.
If you have a spouse and a living parent, approximately 50% of your estate will go to your wife and the rest will go to your parents.
If you have a spouse and a child, approximately 50% of your estate will go to your wife and the rest will go to your child.
If you have a spouse and more than one child, approximately 33% of your estate will go to your wife and the rest will go to your children.
If the state controls the disposition of your estate, it will also control how any assets going to a minor (someone under 18) will be held after your death. Expensive court-supervised methods may be employed by the state in distributing and managing your child's share of your estate. These expenses and administrative hassles may be avoided through proper estate planning.
Most important for parents is not the disposition of their property after their death, but rather, the proper care and custody of their minor children. Custody of minor children is decided by the courts and there is no guarantee that family members or godparents would receive custody of the minor children. North Carolina law provides that a designation of a guardian in a Will shall be considered by the court as a "strong guide" as to whom to appoint as guardian.
Without a Will, there are many potential pitfalls, delays, and hassles for those that you leave behind. Plus, there are not guarantees as to who will acquire your property.
]]>In the case of a wrongful death, the laws of the State where the accident occurred may trump the State of domicile. For example, if a South Carolina resident were to die in a car accident in North Carolina, the laws of North Carolina would control the distribution of wrongful death proceeds.
In most estate administration matters the laws of the State where the decedent was domiciled control. For those that don't know, domicile is a person's legal home. Generally physical presence in the State and the intent to have that location be the person's home is all that is required to establish domicile.
Also, in almost all estate administration matters a Decedent may circumvent the intestate laws of the State by having a Last Will and Testament. The Will can establish the executor, guardian and beneficiaries of the estate but does not control who may receive wrongful death proceeds. In North Carolina the wrongful death proceeds are distributed based upon intestate succession and never become a part of the estate. This is useful in that the proceeds may not be subject to creditors but may distribute funds to individuals that had been otherwise disinherited by the Decedent's Last Will and Testament.
Different States have different intestate succession laws so an out of State wrongful death may result in considerably different distribution than if the same accident occurred within the Decedent's home State. For example, in North Carolina, where there are no children the surviving spouse of a Decedent would have to share the proceeds with the parents of the Decedent but, if the incident occurred in South Carolina, the surviving spouse would receive all of the proceeds.
These rules apply regardless of whether a settlement is reached with the insurance company or a lawsuit is filed. While the establishment of an estate may be required to bring a lawsuit on a wrongful death, the distribution Statutes will still control.
It is important that you have an North Carolina personal injury attorney competent in both personal injury and estate administration assist in any accident that results in a death.
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