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Justice can be elusive. The truth is not always obvious. Only an attorney who will listens can offer meaningful insight into a client's legal issues. Whether it is in an initial telephone conversation or over a cup of coffee, we listen. We provide our first impressions, but we take the time to consider what needs to be done next. Our attorneys help clients sort through their legal issues with calm deliberation and wisdom to solve problems and prevent them where possible. If it comes to litigation; however, we bring our collective 40 years experience to bear in the halls of justice.
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Winston-Salem NC, 27103
Areas of Practice
Although people often associate personal injury cases with trial lawyers and notorious, woodenly acted television ads, law suits over injuries actually have a long and honorable tradition. Laws governing the compensation due when one person accidentally harms another have existed since ancient times. North Carolina still employs principles from the common law of negligence, which we inherited from England, to deal with most accidents resulting in bodily injury or damage to property. Saying a claim is for a personal injury is simply a common reference to a bodily injury caused in an accident, and the law governing this is usually the law of negligence.
In general, the liability carrier (insurance company) must either pay to repair a faultless claimant’s car or reimburse the claimant for his car’s Fair Market Value (FMV) if it was a total loss. According to North Carolina’s insurance regulations, a car is a total loss if it would cost 75% or more of the FMV to fix it. The insurer also has to pay for a rental car for a reasonable time to fix or replace the claimant’s car; however, the insurance regulations only require reimbursement for a rental car for three days after an offer is made on a total loss, regardless of whether or not the offer is accepted.
If a claimant does not agree with the amount offered for his car, the insurance company must base its final evaluation on the published regional value of the car and the local market value of the car. The carrier is required to provide a copy of its local market survey to the claimant.
Personal Injury Claims
Most personal injury claims come from traffic accidents. The vast majority of traffic accident claims are resolved (or settled) with insurance companies and do not go to court. North Carolina law requires that every licensed driver has to be covered by insurance, so the investigating officer at the scene of an accident will get the insurance information from all drivers involved as part of his or her investigation and report procedure.
Very generally speaking, in insurance claims involving traffic accidents, a claimant with bodily injuries (caused by another driver) is entitled to reimbursement for his or her medical bills and compensation for the pain suffered from the injuries. The claimant is also entitled to reimbursement for wages lost because of his or her injuries. Liability coverage under the insurance policy covering the driver who caused the accident (the insured driver) is supposed to cover whatever the law would require the insured driver to pay, but only up to certain limits.
The limits available under a liability insurance policy differ depending upon how much coverage was purchased for that policy. Once an insurance company has paid its liability limits, it does not have to pay anything more. Many, many injured claimants in North Carolina have survived horrible trauma and incurred massive medical bills only to find that the most they could get from the liability insurance carrier was $30,000.00.
The startup and small business marketplace is still a new and fierce frontier that requires legal advice from attorneys who are deeply entrenched in the particularities of venture financing. Our firm gives you an holistic approach, so your company can get the best competitive advantage.
People can insure against almost anything, and our attorneys have handled many different types of insurance cases, either against insurance companies or for them. In the interest of time and sanity, however, this is a very limited discussion about insurance claims for traffic accidents, and how automobile (and motorcycle) insurance works in North Carolina.
Every licensed driver in North Carolina must have insurance, and every car driven on the road must be covered by insurance. North Carolina has an interesting way of treating automobile insurance. All the insurance companies use the same basic policy. The North Carolina Rate Bureau writes the policy language. The state requires that all policies have certain types of coverage; and it also sets the maximum amount an insurance company can charge for that coverage. Differences in the policies offered by insurance companies tend to come from how much less they charge than the maximum allowed, as well as how much coverage (and what kinds of coverage) they are willing to offer beyond what the state requires.
FASHION, APPAREL & TEXTILE LAW
Fashion law is a little bit like the Wild West. There’s a lot of potential, but the rules can seem convoluted and vague at best. Protecting a brand or even a single design involves intellectual property, copyrights, trademarks, and patents.
Use the form below to contact us regarding your legal enquiry. Please be as detailed as possible. Include your industry along with any specific document requests. To help us best service your enquiry, we recommend that you first describe the issue you’re having before telling us what you want to achieve. You may also email or call us to make an appointment.
For job opportunities, please email us your resume. We’re always looking for new and exceptional talent to lead the firm into uncharted fields of practice.