How To Prepare For Your First Court Appearance

Written by kwmlaw on November 23, 2023. Posted in Kelly & West News.

The time leading up to your first court appearance may be full of anxiety and nervousness. For many people, the thought of going to court is intimidating. Most of us have never set foot in a courtroom besides reporting for jury duty. You probably have a general sense of what a courtroom is like: lots of rules and formalities, but you have never actually sat before a judge.

Learning what to expect during your first court experience will help you stay calm throughout the process.

Research Your First Court Appearance

Whenever you are venturing into new experiences, it is helpful to do some research. We do this when we go on vacation or buy a car, and you probably did this when you shopped around for the right attorney for your case. Educate yourself on courtroom etiquette and jargon. Research your specific situation and determine what to expect during your first court appearance.

Trust your lawyer, but don’t be blind to the proceedings. If you have time, learn the statutes and relevant rulings according to your case. Preparing in this way will help you to relax when your day in court comes. After all, knowledge is power. Jot down any questions and talk to your attorney about any specific points that are causing you to feel apprehensive.

Get Organized For Your First Court Appearance

You want to be as prepared as possible for your first court appearance. Preparing will help reduce some anxieties about the day because you will have done your part. Make sure you have all of your documents and paperwork in order. Review the facts of your case. Speak to your attorney well ahead of time and make sure they have everything they need from you for your first appearance. If you come across anything during your research that you have questions about, make sure to address those with your attorney as well.

What to Wear During Your First Court Appearance

Planning your outfit is a must. Dress as if you are going to a formal business meeting, networking event, or job interview. Conservative clothing that is neutral in color and pattern works best. You don’t want to stand out in court. A pair of slacks, a blouse, some comfortable flats, and a red blazer would work well. You don’t want to go so far as to feel uncomfortable in court, but try to maintain a tailored look.

You are striving for a professional, yet conservative look so you need to consider how you will style your hair, apply your make up, and what accessories you will bring with you. You are aiming for a tame, kept look. If you usually wear a hat, skip it on court day. Skip distracting jewelry, especially an armload of bracelets that tend to clink and rattle off each other. If you usually secure your wallet with a heavy silver chain, think about stashing it in your coat pocket for the day instead, especially since you’ll have to pass through a metal detector anyway. You will likely speak very little during your first court appearance, but your appearance speaks for you while you are silent.

How to Behave During Your First Court Appearance

You’ve probably watched Judge Judy or at least have a general idea of the show. The best thing to be in court is quiet. While appearing in court, it’s imperative that you remain calm and collected. You may be feeling nervous, but try to stay levelheaded. You should act respectful and genuine, and this includes never interrupting a judge or your attorney. Even if you are unhappy about the outcome of your first court appearance, you can address that after you leave the courtroom.

Plan the Day of Your First Court Appearance

Appearing in court is no small matter. Planning your entire day around your first court appearance is smart. You do not want to have any commitments that could potentially conflict with your court date. Do not schedule anything right before or after your appearance; you may not know how long the overall process is going to take. You also cannot anticipate how you will feel emotionally after your court appearance, so it’s a good idea to take the entire day off from work if possible.

Plan to arrive at the courthouse early; you don’t want to be late. If you are uncertain about parking or getting there, schedule extra time for yourself. If possible, it’s always a good idea to visit the courthouse before your actual appearance; that way you can figure out where to park, which door to enter through, and any little ins and outs of the courthouse itself. You will also collect some good ideas of proper dress and attire for a court appearance. Planning your driving route, anticipating traffic and parking, and knowing where to enter the courthouse will help eliminate several unknown variables before your court date even arrives.

Once your first court appearance is over, you will better know what to expect, but until that time, the discomfort of the unknown can be stressful. We’ll go over what to expect about your specific case, of course, before you appear.

Things You Should Know About Will Contests

Written by kwmlaw on November 9, 2023. Posted in Kelly & West News.

A will contest, also known as a “caveat”, occurs when someone, a “caveator”, challenges the legal validity of the will of a deceased will-maker, a “testator”, during, or within a limited period after, probate of the testator’s estate. Contesting a will can be risky and expensive, and caveat cases are often complex. Fewer than 5% of wills are contested, and most contests are unsuccessful.

In the following, we’ll discuss who may contest a will in North Carolina and the three most common grounds for invalidating a will by a caveat.

Who may contest a will?

A North Carolina statute provides that “any party interested in the estate” may enter a caveat to the probate of the will. North Carolina courts have construed “interested in the estate” to mean that a caveator must have some pecuniary or beneficial interest in the testator’s estate that may be detrimentally affected by implementing the contested will.

Interested parties, potential caveators, include:

Beneficiaries named in the will being probated,
Beneficiaries named in any prior will of the testator,
Beneficiaries named in any purported subsequent will of the testator, and
Family members who would inherit property from the testator’s estate under North Carolina’s intestacy laws if there was no valid will.

What are the most common grounds for will contests?

Failure to Comply with Formalities – North Carolina statues recognize three distinct kinds of wills and provide that no will is valid unless it complies with the statutory requirements for making a will of its kind. So, a will is often challenged on the grounds that it does not satisfy the applicable requirements. The three kinds of North Carolina wills, and the basic requirements for making each, are:

Attested Written Will – a written will signed by the testator, or by someone else in the testator’s presence and at the direction of the testator, and attested by at least two witnesses. The testator must signify to the witnesses, separately or together, that the instrument is testator’s will by either signing the will in their presence or acknowledging to them the testator’s signature thereon. Each witness must sign the will in the presence of the testator.
Holographic Will – a will written entirely in the testator’s handwriting and either subscribed by the testator or with the testator’s name written in or on it in the testator’s handwriting. No attesting witness is required to a holographic will. Note that, in addition to the will’s meeting these statutory requirements, a North Carolina court will most often require testimony confirming that the holographic will was found after the testator’s death in a safe place where the testator kept valuable papers or effects (e.g. a safe deposit box) or in the possession or custody of a person, firm or corporation with which it was deposited by the testator for safekeeping.
Nuncupative Will (applicable to bequests of personal property only) – a will made orally by a person in their last sickness or in imminent peril of death who does not survive such sickness or peril. The person must declare that it is their will before at least two witnesses who are simultaneously present and requested by the person to be witnesses thereto.

Lack of Testamentary Capacity – At the time of making a valid will of any kind, the testator must have had “testamentary capacity”. A North Carolina statute provides that the testator must have been “of sound mind”. Under North Carolina law, a testator is presumed to have had the necessary testamentary capacity. So, in order to successfully challenge the validity of a will, a caveator must prove, by a preponderance of the evidence, that the testator lacked such capacity.

Proving that the testator was old, feeble, intellectually weak or physically infirm, or that the testator’s physical and/or mental health had declined significantly during the months preceding the making of a will, is not enough. As a North Carolina court explained, there must be “specific evidence” that, at the time the will was made, the testator did not understand at least one of four essential facts:

Who the testator’s closest living family members were,
The kind, nature and extent of the property owned by the testator,
To whom the testator’s will would leave the testator’s property, and/or
The effect that making the will would have on the testator’s estate.

Evidence offered to prove lack of testamentary capacity may include testimony by the testator’s family, friends and caregivers describing irrational conduct of the testator around the time the will was made and/or by doctors explaining any prior diagnoses and treatment of the testator’s medical conditions such as dementia, Alzheimer’s disease or psychosis. But, even when such evidence is offered, proving that a testator probably did not understand one of the four essential facts listed above when the will was made is still a high bar.

Undue Influence – A caveator arguing that a will is invalid because of undue influence must prove, by a preponderance of the evidence, that a person (the “influencer”) somehow coerced, or otherwise wrongfully took advantage of their relationship with, a vulnerable testator and thereby caused the testator to make a will that benefited the influencer, did not reflect the testator’s true desires as to the disposition of their property and would not have been made but for the influencer’s conduct.

North Carolina courts have described the kinds of facts and circumstances during the time leading up to and when a will was made, and facts about a will itself, that may be relevant in determining whether there was undue influence:

The testator is old and/or physically or mentally weak,
The influencer is constantly with and caring for the testator,
Family and friends have little or no opportunity to see the testator,
The influencer arranges for the preparation of the will,
The will differs from and revokes a prior will,
The will favors the influencer or another person who has no ties to the testator by blood or marriage, and/or
The will disinherits and excludes the testator’s heirs such as a spouse or children.

If you have any questions about or need legal assistance in connection with a potential or pending will contest, call or contact us online at Kelly & West and arrange for a free consultation.

Fixtures in the Sale of a House

Written by kwmlaw on October 12, 2023. Posted in Kelly & West News.

As anyone who has ever sold or bought a house knows, it is a complicated and often stressful process. To get through it as efficiently and easily as possible, it helps to anticipate and be ready to steer clear of potential legal disputes, particularly when the seller is living in the house when it is shown to the buyer and the purchase and sale agreement is entered into, goes to the very “heart of the matter”. What is the seller selling and the buyer buying? Specifically, what items will the seller leave for the buyer as parts of the property, and what items will the seller take away?

What is a Fixture?

A fixture is any item of physical property that was previously movable but has been permanently attached to, or is otherwise particularly adapted to, a house (or the land on which the house is built) so as to have become a part of the real property.

For the most part, fixtures are easy to identify, but in some cases, it’s not so clear. In the following, we’ll briefly describe the factors that are commonly considered when determining what’s a fixture and what’s not, then list some items that are usually treated as fixtures, some that usually aren’t, and some that can go either way.

“MARIA” – the Five Factors

MARIA is an acronym for the five factors that are most important in identifying fixtures. It stands for Method, Adaptability, Relationship, Intention and, Agreement:

Method (of attachment) – If an item is physically or permanently attached to the property, either by concrete, glue, screws, nails or otherwise, it is usually considered a fixture;
Adaptability (to the property) – If an item which is not itself permanently attached to the house or land is nonetheless particularly adapted to the property, it is usually considered a fixture (for example, a swimming pool cover or a floating floor);
Relationship (of the parties) – If an item is in dispute between a buyer and a seller, the buyer has the upper hand, because it is assumed that anything that the seller attached to the house (or the land) was meant to be a permanent fixture;
Intention (of the seller) – If the seller-homeowner intended to install or build an item into a house or yard as a permanent fixture, it is likely to be considered a fixture; and,
Agreement (between the seller and the buyer) – Specific provisions of the purchase and sale agreement between the seller and the buyer are often the deciding factor.

Fixture or Non-fixture?

Some items are usually treated as fixtures, parts of the real property, including:

Wall-to-wall carpets
Built-in cabinets
Ceiling fans
Mirrors fixed in place
Built-in bookshelves and utility shelves
Light fixtures
Curtain rods and window blinds
Towel racks
Awnings
Landscaping, shrubs and trees

Other items are usually not treated as fixtures and are removed by sellers, including:

Furniture
Rugs
Hanging mirrors
Detached bookshelves and utility shelves
Free-standing cabinets
Curtains and drapes
Wall-mounted televisions (the brackets may be fixtures, but not the tv)
Yard and garden decorations

FInally, there are some items in a house or yard that are close calls and often give rise to disputes between a seller and a buyer, such as:

Refrigerators, washers and dryers (built-in or just plugged-in?)
Above-ground hot tubs or swimming pools
Swingsets and other playground equipment
Security systems

Communication and Agreement between Seller and Buyer

Rather than assume anything about what will stay with a house and what will not, the seller and the buyer should openly discuss and agree in writing (one way or the other) either on general categories of items, e.g., “appliances”, and/or any particular item that seller or buyer is especially interested in, e.g., “the hot tub”. This will help them avoid unexpected and unnecessary disputes.

If you are considering selling or buying a house and need legal advice or assistance related to fixtures or any other real estate law issue, you can call us at Kelly & West and arrange for a free consultation.

5 Reasons You Should Conduct A Title Search

Written by kwmlaw on September 28, 2023. Posted in Kelly & West News.

Spring is a common time for house hunting; mortgage applications typically begin to increase at the beginning of February and grow steadily in the following months. When you’re in the market to buy a house, you keep hearing “title search” but first-time homebuyers may not feel entirely certain of what that means.

What is a Title Search?

A title search is a search of the public records to determine ownership of the property and to identify defects shown in the public records. In simple terms, the title lists any errors, judgments, restrictions, and other issues related to the property in the public records. Even if your home is new, the land involved still has a history to be researched. A title search will only reveal defects shown in the public records. Title insurance based on an attorney’s title search covers defects shown in the public records plus other defects that are not recorded in the public record, such as a forged deed. Normally, there is no need to conduct the title search until you have a contract to purchase the house. The standard Offer to Purchase requires the seller to deliver clear title and if the title search reveals defects then you do not have to close on the property.

Here are five such defects one might find when conducting a title search.

Mistakes in public records — Sometimes errors happen during filing that could affect the home’s deed. Correcting these errors can be a financial burden and need to be done prior to closing.
Liens — A lien occurs when banks place debts upon the property against the seller or previous owners, and when the owner has a judgment recorded or a lawsuit filed that may affect the title. When you purchase the home, the debts and judgments are against your property although you didn’t accrue them and need to be cleared up at or before closing.
Heirs/Wills — When someone dies, the decedent’s interest in land is transferred by a probated will or if no will by the intestacy laws of NC. A title search determines who the actual owners are, which may be difficult.
Encumbrances and Easements — This refers to a third party that has a lien or right to use your property. Easements may restrict you from using your land in the way you desire. If there are easements on your land then other parties will have the right to use it cross your property.
Boundary/survey disputes — Some surveys may differ from the ones you are provided initially. This can lead to neighboring properties claiming ownership of the property you were promised. A title search will find prior boundary disputes on record but a current survey is required to be sure of your boundary limits and is recommended.

When you sign the Offer to Purchase on the house you plan to purchase, contact the team of Kelly & West and we’ll conduct a title search and answer any questions you have about the real estate process. You can read more in our post, 6 Legal Questions to Ask Before Buying a Home. Only an attorney can explain any legal problem and provide legal suggestions.

5 Ways You Can You Stay Involved With Your Legal Case

Written by kwmlaw on August 24, 2023. Posted in Kelly & West News.

As attorneys at law, we want to make things more manageable so you don’t have to worry about the ins and outs of the judicial system. However, that doesn’t mean you shouldn’t be involved in your legal case. Let us handle the not-so-fun parts and simplify the process for you but stay in touch. Communication is key with our clients. We want to include you in what’s happening in your case and what the outcome can mean for your future.

Here are a few things you can do to stay involved and assist with your legal case.

Keep us informed

Let us know if you make changes and decide on alternatives that may affect your case. We need to know these details to prepare for possible outcomes. Also, if you move or your contact information changes, please let us know so that we can update our records to ensure we get information to you as quickly and efficiently as possible.

Check your mail and email often

We send our clients hard copy and electronic communications often, so be on the lookout for this type of correspondence. We may need your response before moving forward on your case, or we may want to provide you with a significant update.

Keep a diary of the facts

If you write down the facts when they are fresh in your mind, you’ll be more likely to remember them accurately later when asked to testify about an event. You’ll also have your notes to serve as a reminder to you so that you don’t forget the essential details.

Keep a list of questions

Don’t be afraid to come to us

We are always available for questions. We do our best to include you in every detail but don’t be shy; we love to hear from our clients and are happy to answer any questions and address any concerns.

The most critical part of your case will be communication with Kelly & West. We are here to serve you and ensure you get the best possible outcome for your case. Don’t be afraid to step in and get involved.

Rights of a Surviving Spouse in North Carolina

Written by kwmlaw on August 10, 2023. Posted in Kelly & West News.

When a married North Carolina resident dies, their surviving spouse is entitled to a defined share of their real and personal property and to receive support payments during the administration of the estate. Such rights are available to the surviving spouse whether or not the deceased spouse leaves a valid will, including one that would transfer a different share of their property to, or completely disinherit, the surviving spouse.

No Valid Will – The Surviving Spouse’s Intestate Share

Many ,” which means they die without any valid will. Others leave a valid will, but the will does not provide for the disposition of their property. In either case, the property which is not transferred pursuant to a valid will passes according to North Carolina’s intestacy laws.

The surviving spouse’s intestate share depends on whether the deceased spouse is also survived by any child, any “lineal descendant” (meaning, the child, grandchild, etc. of any deceased child(ren) and/or any parent:

If there is no surviving child, lineal descendant of any deceased child or parent, then the surviving spouse takes all of the real property and personal property;
If there is no surviving child or lineal descendant of any deceased child, but there is any surviving parent, then the surviving spouse takes a one-half interest in the real property and the first $100,000 plus half of the balance of the personal property;
If there is only one surviving child, or there is no surviving child but there is any surviving lineal descendant of only one deceased child, then the surviving spouse takes a one-half interest in the real property and the first $60,0000 plus one half of the balance of the personal property; and if there are more than one surviving child, or there is only one surviving child and any surviving lineal descendant of any deceased child, or there is no surviving child but there are surviving lineal descendants of two or more deceased children, then the surviving spouse takes a one-third interest in the real property and the first $60,000 plus a third of the balance of the personal property.

Overriding a Valid Will or the Intestate Share – the Surviving Spouse’s Right to an Elective Share

When a married North Carolinian dies with a valid will, even a will that would transfer some of their property to their surviving spouse, or dies without a valid will, the surviving spouse has a statutory right to override the terms of the will or their right to an intestate share, whichever is applicable, and to take instead an “elective share” of the deceased spouse’s property, provided that the surviving spouse has not previously waived that right in the prenuptial or postnuptial agreement. To take the “elective share,” the surviving spouse must file a claim for their elective share within (an executor or administrator) is formally authorized.

The elective share is a percentage of the deceased spouse’s “Total Net Assets” reduced by the “Net Property Passing to the Surviving Spouse.” Calculations of “Total Net Assets” and “Net Property Passing to the Surviving Spouse,” which can be complicated, are made pursuant to the detailed provisions of the elective share laws.

The applicable percentage of Total Net Assets used in determining the surviving spouse’s elective share depends on the duration of their marriage to the deceased spouse. The applicable percentage ranges from a minimum of 15% when the marriage lasted less than 5 years to a maximum of 50%, when the marriage lasted for 15 years or longer.

Taking a Life Interest in Lieu of Either an Intestate Share or an Elective Share

Another option available to the surviving spouse under North Carolina’s laws is to take neither their intestate share nor their elective share, as described above, but instead to take either:

A life estate in one-third of all real estate which the deceased spouse owned at any time during the marriage, excluding any of such real estate which the surviving spouse previously joined with the deceased spouse in conveying or otherwise waived, released or conveyed their interest, or
A life estate in the “usual dwelling house” owned by the deceased spouse and occupied by the surviving spouse at the time of the deceased spouse’s death plus fee simple (meaning, complete) ownership of all of the household furnishings.

The Year’s Allowance for a Surviving Spouse

Like other states, North Carolina has laws that provide for payments from the deceased spouse’s estate to the surviving spouse to cover their necessities. This helps the surviving spouse continue to cover necessities while the assets of the estate are likely to be “tied up” in the probate process.

If the surviving spouse has not previously waived their rights in a prenuptial or postnuptial agreement and

If you have questions about, or need legal assistance in connection with, the rights of a surviving spouse or any other aspects of estate planning and administration in North Carolina, contact us at Kelly & West and arrange for a free consultation.

How Do You Know if Negligence is to Blame for Your Accident?

Written by kwmlaw on June 15, 2023. Posted in Kelly & West News.

Accidents happen and are sometimes unavoidable. Although, maybe you have been involved in an accident and are confident that another person caused it to happen. You did everything right, yet you are burdened with the consequences of financial and/ or physical damages. It is essential to know what signs to look for when you suspect negligence was the cause of your accident.

What is Negligence?
Negligence is conduct that falls below standards established by the law that results in risk or harm to others. To put it simply, it mostly consists of carelessness. Negligence can be committed by carelessness or non-performance of duties. There are many different kinds of negligence.
Negligence can be seen in automobile accidents, during lack of concern for hazards on a property, in medical settings, and in the workplace. Some causes include texting and driving, reckless driving, medical personnel administering the wrong medication or treatment, and ignored hazards in a public space or the workplace.

Contributory Vs. Comparative Negligence
Two terms you might hear are contributory and comparative negligence. Contributory negligence only remains recognized for personal injury law in four states, with North Carolina being one of them. It prevents a person from recovering any money in a personal injury lawsuit if they had any fault in the accident, even 1%. Comparative negligence allows the fault to be distributed to both parties. For example, if the person injured was 25% at fault, they could receive 75% of the damages. Read more in our post explaining the two.

5 Examples of an Accident Due to Someone Else’s Negligence

There is a broken staircase on a property you are visiting. The property owner has known about this hazard, and there have been reports filed about it. Nothing has been done to address it, you have not been warned about the danger, and you injure yourself while walking up the staircase.
A person is not paying attention to the road while texting and driving. The distraction causes the person to hit your car, injuring you and/or your passenger(s).
You are driving through a green light, and another driver runs a red light at a busy intersection, causing a collision. You and/or your passengers are injured from the collision.
You are shopping at the local grocery store. A jar has shattered and spilled, and the mess has been there for 30 minutes with no “wet floor” sign in sight. You slip and fall and injure yourself on the glass.
A person takes their dog to a public park, even though they are aware the dog is aggressive and has bitten before. While at the park, the owner lets the dog get close to you and the dog attacks, causing injury.

Signs Your Accident was Caused by Negligence
You might notice a trend in these examples; someone did not do something that a regular person would consider typical behavior. For example, someone didn’t put out a sign to warn people about the wet floor at the grocery store. Look for the following:

Signs/cautions about the danger.
Previous complaints filed about the danger.
Previous citations given regarding similar or identical acts.
Ignored claims of broken or damaged property.

Negligence can sometimes be difficult to determine, so it is always important to consult a lawyer. If you are unsure if your accident was caused by negligence, contact us for a free consultation from one of our caring attorneys.

What You Need to Know about License Suspension and Revocation

Written by kwmlaw on May 25, 2023. Posted in Kelly & West News.

Driving is something most of us take for granted. However, North Carolina recognizes driving as a privilege, not a right. “If you abuse it, you may lose it,” as the DMV says.

Losing your license can be a result of one or multiple offenses, some not even traffic-related. You may lose your driving privileges in one of two ways: having your license suspended or revoked. More severe offenses or repeated violations may lead to license revocation.

What is the Difference Between License Suspension and License Revocation?

A suspension means that your driving privileges have been temporarily halted for a specific period. Your license may be reinstated after fulfilling all terms of your suspension, and then you can apply for a new one.

A revocation means that your driving privileges have been terminated. You can’t get your license back until you pass all tests and complete any other requirements. You may later re-apply, but the state may deny your application for several reasons.

Traffic Offenses

The following is an incomplete list of traffic violations resulting in license suspension or revocation:

Driving after consuming alcohol under age 21
Speeding over 15 mph over if the speed limit is 55 mph or more
Two convictions of speeding more than 55 mph in one year
Speeding more than 55 mph and reckless driving
Manslaughter by motor vehicle
Assault by motor vehicle
Conviction of a moving violation while license is revoked
Refusal to submit to blood/breath test
Aid and abet DWI or DWLR
Two traffic citations within one year for a provisional license
Three or more moving violations within one year
Accumulation of traffic points
Driving under the influence of alcohol or drugs
Driving with a suspended license
Use of altered/false license plates
Speeding to elude
Hit and run
Street racing and speeding
Failure to appear or pay court fees

Non-Traffic Offenses

You may have your license revoked due to non-traffic related offenses as well. Having your license revoked due to a non-traffic offense is often up to the judge’s discretion. The following are common violations that may lead to a license suspension or revocation:

Non-DUI alcohol or drug-related offenses
Not paying automobile insurance
Failure to appear or pay court fees
Failure to pay child support
Dropping out of high school
Medically or mentally unfit to drive
A second conviction of possession of an open container

How To Get Your License Back

License revocation and suspension may be settled with or without a hearing. Not all violations require a hearing.

If you are granted your license after a hearing, you will have to follow specific terms and conditions. If you don’t have to go to court, or your hearing didn’t go in your favor, you may be allowed to apply for another license after your suspension period. The state will decide if you are eligible to drive again.

Once you have completed all requirements and your suspension time has ended, you will be eligible to apply for another license. Make sure you have all of the required documents, including proof of identity and insurance. You will also have to pay fees, including restoration and service fees, as well as DWI reinstatement fees, if applicable. These payments are separate from DMV and court costs, and the expense of purchasing a new license.

Do you need help with your license suspension or revocation? Contact the attorneys at Kelly & West so we can answer your questions.

Pure Joint and Several Liability in Personal Injury Actions

Written by kwmlaw on May 11, 2023. Posted in Kelly & West News.

The negligent acts or omissions of two or more individuals or entities can
coincide or combine to injure another party. While this can occur in many other
types of personal injury situations, for the purposes of this discussion, we’ll use
this auto accident scenario:

Two motorists, D1, who is driving north while distracted by typing a text message
on his cell phone, and D2, who is driving west and runs a stop sign, collide in the
intersection of North Avenue and West Street. The impact forces D2’s car over
the curb and onto the sidewalk where it hits and seriously injures an innocent
pedestrian, P. P’s total damages as a result of the injury, including medical bills,
pain and suffering and lost wages, are $100,000.

How the total liability for P’s damages is apportioned between D1 and D2
depends on the law of the state where the accident occurs. There are 3 basic
approaches used by the 50 states’ laws to deal with that issue:

1. Pure Several Liability – used by 14 states, including North Carolina’s
neighbor, Tennessee,

2. Modified Joint and Several Liability – used by 29 states, including North
Carolina’s neighbor, South Carolina, and

3. Pure Joint and Several Liability – used by North Carolina, its neighbor,
Virginia, and only 5 other states.

In the following, we will first briefly describe the approaches used by other states,
then focus more closely on the approach used by North Carolina law.

Pure Several Liability

In the 14 states that use the “pure several liability” approach, which is also called
the “proportionate liability” approach, each negligent defendant is liable for only a
portion of the total damages incurred by the injured plaintiff. That portion of
liability is based on the defendant’s percentage of fault for the plaintiff’s injury,
either as agreed to in a pre-trial settlement or as determined by the jury. To the extent to which any of the defendants is “judgment-proof” (uninsured and insolvent) and thus unable to compensate the plaintiff for his/her percentage share of the plaintiff’s damages, the plaintiff will not actually recover full compensation.

Assume that the accident described in our scenario occurred in Tennessee or
another several liability state. At the trial, the jury finds that D1 was 60% at fault
and D2 was 40% at fault. As a result, D1 is liable to P for only 60% of P’s
damages, $60,000, and D2 is liable for only the remaining 40%, $40,000. If D2
is unable to compensate P for any more than $10,000 of P’s damages, then P
will actually recover only $70,000 of P’s $100,000 of total damages.

Modified Joint and Several Liability

In the 29 states that use the “modified joint and several liability” approach, each
negligent defendant is liable for only a portion of the injured plaintiff’s damages
based on that defendant’s percentage of fault for the plaintiff’s injury, up to a
defined percentage threshold. If the percentage of any defendant’s fault equals
or exceeds the applicable threshold, then that defendant is liable for all of the
plaintiff’s damages.

Assume that the accident described in our scenario occurred in South Carolina, a
modified joint and several liability state where the liability threshold is 50%.
Again, the jury finds that D1 was 60% at fault and D2 was 40% at fault. Even if
D2 is nearly judgment-proof and cannot compensate P for any more than
$10,000 of damages, P can still recover all of P’s damages, $100,000, from D1
whose percentage of fault was above the 50% threshold.

Pure Joint and Several Liability – North Carolina Law

In North Carolina and the other 6 states that use the “pure joint and several
liability” approach, every defendant whose negligence is a cause of the plaintiff’s
injury is liable for all of the plaintiff’s resulting damages, regardless of their
percentage of fault for such injury.

Assume that the accident described in our scenario occurred in North Carolina.
North Carolina’s courts do not apportion fault between defendants who are found to be jointly and severally liable. P could sue either D1 or D2 individually for all of
P’s damages. For instance, P might elect to sue D1 alone, because there is a
reliable eyewitness who clearly saw D1 texting just before the collision, and P
knows that D1 has more than enough insurance and assets from which to collect
all of P’s damages. In all likelihood though, P will sue both D1 and D2 in a single
action, because generally speaking, a plaintiff cannot receive two jury awards for
the same personal injury damages.

If D1 pays for all of P’s damages, then pursuant to a North Carolina statute, D1
can sue the other jointly and severally liable defendant, D2, for “contribution”
equal to D2’s “pro rata share” in the entire liability. Such pro rata share is based
solely on the number of jointly and severally liable defendants involved – their
respective percentages of fault are not taken into consideration. Because there
are two such defendants, D2’s pro rata share is equal to 50% of P’s total
damages, $50,000. If D2 is judgment-proof for any more than $10,000, then
after recovering that $10,000 from D2, D1 will end up having paid for 90% of P’s
damages, $90,000.

As you can see, there are special issues that often arise in situations where
multiple negligent parties are responsible for causing a personal injury. If you
have been injured in such a situation and are considering taking legal action, call
us and arrange for a free consultation. Our experienced attorneys at Kelly &
West have been helping clients with their personal injury actions for more than 40
years.

Your Top Real Estate Questions Answered

Written by kwmlaw on April 27, 2023. Posted in Kelly & West News.

Selling or buying a home or property is more complicated than ever. We receive a lot of
questions about the particulars of selling and buying real estate. Here, we share the top 10
questions and their answers.

1. What steps are involved with closing on a property?

You work out the contract and sign the papers. The buyer then employees a real estate
attorney to perform a title search and work with the buyer’s lender to close the loan. The
seller may wish to hire his/her own attorney or may consent to the buyer’s attorney
preparing the seller’s deed and other documents. The attorney(s), the lender and the
real estate agent coordinate the closing process and transactions, creating a simplified
experience for the seller and the buyer.

2. Can I back out from a purchase contract?

Your right as seller or buyer to terminate your agreement is set out in the contract itself.
The buyer may pay a “due diligence fee” with the initial contract and, if so, have an
absolute right to terminate the contract for a certain period. Most agreements limit the
damages to the earnest money. The seller would have to refund the earnest money if in
default and be subject to damages suffered by the buyer due to the seller’s default. Also
the buyer may sue to specific performance and force the seller to sell to the buyer.

3. Can I add another person to a deed after closing on a property?

If a loan is involved, the Deed of Trust usually restricts any change in ownership of the
property and could trigger the “due on sale clause” allowing the lender to require that the
loan be paid off immediately. You should consult with your attorney before making any
such change.

4. How can I remove someone from my mortgage?

You must apply for a loan to refinance your mortgage under your name only. You must
consult with the lender and follow its requirements. One lender would have to consent to
release anyone from a mortgage which would be unusable.

5. Can I transfer my ownership of the property to someone else?

To transfer ownership of property, there must be a property deed. These legal
documents will transfer the ownership to another party. The deed must be notarized and
recorded at your county’s Register of Deeds office and normally you should use an
attorney to prepare this important document.

6. Can I transfer land that I own from my personal name to my business?

You can do so, but there may be tax consequences. It is best to consult a CPA.

7. How can I check to see if there are any claims against the property?

Title searches are used to inform the buyer of any liens or claims held against the
property. These searches should be done by an experienced attorney to find title
problems and any adverse claims.

8. Who is responsible for mortgage payments if someone dies without a will?

North Carolina’s intestacy law determines who inherits property when an individual
passes away without a will. Whoever inherits the real estate takes it subject to the
existing mortgage and will have to make payments, sell the property, or allow the
property to be foreclosed upon.

9. How can we divide the land amongst multiple persons who inherited it?

The co-owners can agree to divide the property by hiring a surveyor to prepare a map to
be recorded showing the newly divided tracts of property. The co-owners would then
employ an attorney to prepare the individual deeds. If all the parties can’t agree to a
voluntary division then you need to file a “petition to partition” that will enable the clerk of
court to decide how to divide or sell the property. Real estate attorneys are here to help
guide you through these necessary arrangements.

It is always a good idea to get an opinion from a professional to ensure quality decisions
on real estate issues. Our attorneys here at Kelly & West are trained to handle these
situations. Don’t face these difficulties alone; let us protect you. Contact us today.

5 Steps to Take if You are in a Rear-End Collision

Written by kwmlaw on April 13, 2023. Posted in Kelly & West News.

With rear-end collisions being the most common car accident, you are probably somewhat familiar with them or have even experienced one. Rear-end collisions occur when a vehicle crashes into another car that is directly in front of it. These accidents are generally the fault of the last car in the collision and most law enforcement officers will cite that driver since had that driver been more careful or followed less closely, the accident would not have occurred.

In the unfortunate case that you have been in a rear-end collision, you should be aware of what steps to take directly following the accident, and who to call if you have suffered any losses.

Call the police. Call 911 and have a police officer come to the scene. A police officer can assess the situation and file a police report. A police report will create documentation of the collision and will also detail how the accident occurred and who is at fault, generally. This information is usually required by the insurance company before they pay a claim.
Seek medical attention. Even if you don’t think you are hurt, be sure to seek medical attention to be checked out. Some injuries are not immediately obvious, such as internal injuries, so you want to be sure that you do not have a major problem and don’t know it so it’s a good idea to be checked out just in case.
Exchange information and speak to witnesses. If both drivers cooperate and are willing to talk, you can exchange contact information so the claim may be more easily resolved. Share insurance company names and write down the information about that person’s vehicle. If there are any witnesses, collect their information and ask if they can provide a statement. Witness statements can be beneficial to you if you end up having to go to court.
Take photos. Take photos of both cars and the scene if you can. You want to make sure to take photos that document the damage to your car, both up close and from a distance. We recommend that you take photos of the other car also as this may be the only chance you get to obtain these photos. Also, be sure to take pictures of the scene and any marks on the road, too. This helps document what happened and can be useful to send to the insurance company later.
Contact a personal injury lawyer. Contacting a Personal Injury Lawyer is the last, but perhaps the most important step. A Personal Injury Lawyer can help you gain the compensation you deserve from the accident. We can be there to guide you through the process and make sure you are compensated for your losses. You may want to hire a Personal Injury Lawyer early on in your claim so your attorney can preserve evidence and document your claim from the outset.

If you have been involved in a rear-end collision and you have been through physical or financial loss, contact our office at Kelly & West. Our experienced lawyers are here for you.

Types of Co-ownership of Real Property in North Carolina

Written by kwmlaw on March 23, 2023. Posted in Kelly & West News.

Two or more people often own real property, such as a residence, a business location, or a
parcel of undeveloped land. The co-owners may be spouses, relatives, friends, or business
partners. In some situations, they have no relationship other than as co-owners of the property.

Three types of co-ownership of real property are recognized in North Carolina law. Two of
those types, “Tenancy in Common” and “Joint Tenancy with the Right of Survivorship,” can exist
between co-owners. The third type, “Tenancy by the Entirety,” can only exist when the co-
owners are spouses.

Tenancy in Common

The simplest type of co-ownership, which is most often in effect when the co-owners are not
spouses, is a tenancy in common. In this relationship, each of two or more people (“tenants in
common” or “cotenants”) owns an interest in the same real property. Their interests may be
equal or unequal in size. For instance, three cotenants, A, B, and C, may each own a ⅓ interest
in the property, or A may own a ½ interest, while B owns a ⅓ interest, and C owns a ⅙ interest.
Each interest is called “undivided interest” because, regardless of the size of their interest, each cotenant is entitled to access, possess, and use the entire property.

Each cotenant is free to sell, give away or otherwise convey their interest in the property at any
time. Each can also use their interest to secure a debt they alone owe to a creditor. Upon the
death of any cotenant, their interest is transferred to others that may or may not be the other
cotenants, either according to their will or by intestate succession when there is no will.

Tenancy in Common is the presumed type of co-ownership in North Carolina, except where the
co-owners are spouses. So, for example, if a conveyance of real property is made to three people (no two of whom are spouses) by a deed or a will, e.g., simply “to A, B, and C”, absent any language indicating that the intention is to create a joint tenancy with the right of survivorship, the three are cotenants in a tenancy in common. Similarly, absent any language indicating otherwise, they are deemed to have equal ownership interests – in the case of a conveyance simply “to A, B, and C,” each would own a ⅓ interest. If C were to later convey his ⅓ interest simply “to X and Y,” then the cotenants who own the property (and their respective interests) would be A (⅓), B (⅓), X (⅙), and Y(⅙).

Joint Tenancy with the Right of Survivorship

A joint tenancy with the right of survivorship (“joint tenancy”) is, in most respects, the same as a
tenancy in common. For example, two or more co-owners (“joint tenants”) own equal or
different-sized interests in the property. Each has the right to access, possess and use all the
property and can sell, give away, or otherwise convey or encumber their interest.

The most important difference in a joint tenancy is “the right of survivorship.” When a joint tenant
dies, their interest in the property is not transferred to others by will or intestate succession, like that of a deceased tenant in common; instead, it is automatically assumed by the surviving joint tenant(s). If there are more than one surviving joint tenant, and their interests are
unequal, then the deceased tenant’s interest is divided among them in proportion to the
comparative sizes of their respective interests.

As noted above, co-ownership of real property by people who are not spouses is
presumed to be a tenancy in common. In order to create a joint tenancy, the
instrument of conveyance, such as a deed or a will, must express the intent to do
so. Under North Carolina law, the deed or will to the co-owners is deemed to
express such intent if it contains words like “joint tenancy”, “joint tenants” or “with
the right of survivorship.”

Any joint tenant can unilaterally cause the “severance” of the joint tenancy whereby it is, to
some extent, converted into a tenancy in common. Severance often occurs when a joint tenant
sells or transfers their interest to a third party. For example, if A and B are joint tenants, and B
sells his interest in the property to C, then A and C co-own the property as tenants in common.

If more than two joint tenants own property, severance by one joint tenant is more complicated. In that case, the joint tenancy is severed only insofar as the selling joint tenant’s interest is concerned. For example, if W, X, and Y own interests in real property as joint tenants, and Y sells his interest in the property to Z. W and X continue to own their interests as joint tenants, while Z owns his interest as a tenant in common.

Tenancy by the Entirety

Tenancy by the entirety is a special type of co-ownership of real property and is different from the other types in significant ways. Only spouses can own property as “tenants by the entirety.” In North Carolina, if two people are spouses when they take title to property, they own it as tenants by the entirety unless the instrument of conveyance, or a will, clearly expresses intent to create a tenancy in common or a joint tenancy.

Unlike in the other two types of co-ownership, in a tenancy by the entirety, while the spouses
have equal rights to access, possess, and use the whole property, neither owns any individual
interest in the property. In effect, the spouses, as a single legal entity, own the property. One
spouse cannot unilaterally sell or convey any interest in the property or use the property to secure or satisfy their debt. To do so, they must both execute the necessary deed, deed of trust, lease, or other instrument.

A tenancy by the entirety can only be ended by: (1) the spouses jointly conveying their interests
in the property to one or more third parties or to themselves as tenants in common or joint tenants, (2) absolute divorce of the spouses, in which case the former spouses become tenants in common, or (c) death of either spouse, in which case the surviving spouse becomes the sole
owner of the property.

If you currently own or are considering buying real property with others, and you have any
questions about which type of co-ownership might best fit your situation, our experienced real
estate attorneys at Kelly & West are here to help you. Contact us to arrange a free consultation.

Examples of When You Need A Good Real Estate Lawyer

Written by kwmlaw on March 9, 2023. Posted in Kelly & West News.

Buying real estate is probably one of the biggest investments you will make, and usually
a fun and exciting one. Obviously, you want the process to go smoothly.

You probably know that hiring a good real estate agent is important, and it’s easy to
have your real estate agent recommend a lawyer with whom they often work. While
that might be OK, you might also consider searching out your own real estate lawyer,
someone you trust, because it’s such a monumental purchase for you.

Some states require a real estate lawyer during the closing on your purchase, but even
where it is not required, you should consider hiring one. In North Carolina, your home
purchase is required to be processed by a law firm.

What Does a Real Estate Lawyer Do?

A real estate lawyer is in charge of preparing all of the legal documents and ensuring
that you have done your part as the buyer. They also work with zoning, estate planning,
titles and more. If you are dealing with a foreclosure or another issue, a real estate
lawyer needs to be involved with that.

You may think that when buying your house — if it has no title issues or other problems
— a real estate lawyer isn’t as critical. But here are some specific examples of when
they come in handy!

Closings

Anyone who has bought a house knows the amount of paperwork that comes with it!
Most of this paperwork contains a lot of legal jargon. A real estate lawyer is there to
help you through the legal terms and explain the contracts in plain language. You want
to ensure that your real estate lawyer is knowledgeable in this area to confirm that you
fully understand the documents you are signing.

Although going through contracts can seem tedious, you will be thankful that you went
through them if a problem arises in the future.

Property Deeds

There are many different types of deeds, but essentially, all deeds transfer the
ownership of a property from one owner to another. During this transfer, deeds need to
be notarized and submitted to the county’s Register of Deeds office.

A good real estate lawyer helps you through this process, making sure that every step is
completed. If any difficulties arise, the lawyer will step in and be able to handle the
situation with your best interests in mind.

Title Searches

Title searches are very important when it comes to buying a new property. They are the
process of sifting through records and determining who the owner is, as well as any
possible liens on or other claims against the property. Searches can even involve
discovering the historical documents connected to a property. Having a good real
estate lawyer to search for these records is important, because as a potential
purchaser, you should have all of the available information before you make your final
decision.

At Kelly & West, our real estate lawyers will make sure that your rights as a home buyer
or home seller are protected while ensuring all necessary legal documents are in order.

We hope this gives you a better idea of when you need a good real estate lawyer,
whether you are dealing with closings, property deeds or title searches. Remember, it
is best to be fully informed before making a decision as important as purchasing a
home.

Discovery in Personal Injury Cases

Written by kwmlaw on February 23, 2023. Posted in Kelly & West News.

The most crucial pre-trial activity in many personal injury cases is discovery.
Discovery is the formal process by which the plaintiff and the defendant legally
demand and obtain information related to the case from each other and other
witnesses.

Discovery can be complicated, time-consuming, and expensive. But when used
effectively, it can play a significant role in helping a plaintiff or a defendant reach
a favorable settlement or verdict.

What are the Purposes of Discovery?

Discovery levels the playing field by making all information relevant to the case
available to both the plaintiff and the defendant. It lessens the chances of
surprises at trial and thus assures that the case will more likely be decided on its
merits. It also allows the parties to evaluate better the strengths and
weaknesses of the evidence and witnesses for both sides, which often results in
an agreed-upon settlement instead of a trial.

What are the Methods of Discovery?

North Carolina’s Rules of Civil Procedure, like those in other states, define the
methods by which the parties can conduct discovery and the procedures that
apply to each. Those methods of discovery include:

1. Interrogatories – Interrogatories are sets of written questions (up to 50 in
North Carolina) sent by the plaintiff or the defendant to the other. The
responding party has 30 days to answer the questions in writing and under
oath. Interrogatories are usually used early in the discovery process
because they help the parties prepare for and conduct additional
discoveries, like depositions.

2. Requests for Admissions – Requests for admissions are written
statements of fact that the plaintiff or the defendant asks the other to either
affirm as accurate or deny as false. Like interrogatories, the party upon
whom requests for admissions are served has 30 days to respond in
writing under oath. Requests for admissions allow the parties to narrow
their dispute by identifying the facts on which they agree. As a result, they
are most often used early in the discovery process.

3. Requests for Production of Documents or Things – Requests for
production can be used by a party to obtain access to or copies of
documents, photographs, and other tangible things in possession of the
other party that pertain to the subject matter of the case.

4. Depositions – A deposition is a formal, in-person questioning of the
plaintiff, the defendant, or a witness (the “deponent”) by attorneys
representing the plaintiff and the defendant. A deposition usually happens
in an attorney’s office or a neutral location and is attended by attorneys for
both sides, with a court reporter present. The result is a written transcript
of the questions and answers that the deponent reviews, corrects any
errors, and then signs under oath – sworn testimony. Depositions can be
particularly useful because they allow the parties to assess the
effectiveness and credibility of a deponent should they testify at trial.

What is the Scope of Discovery?

The Rules of Civil Procedure provide that the parties may obtain discovery
regarding any matter that is “relevant” to the case and not “privileged.”

To be relevant, the information doesn’t have to be evidence that would be
admissible in court. If it is “reasonably calculated to lead to the discovery of
admissible evidence,” it is discoverable. For example, subject to limited
exceptions, hearsay is not admissible at trial, so witnesses will not usually be
permitted to testify in court about what somebody told them. But suppose a
witness reveals during a deposition that he was told that the defendant had been
drinking alcohol shortly before driving in the accident in which the plaintiff was injured. Because that might lead the plaintiff to discover admissible evidence that could be critical in the case, it is discoverable.

Even though it might be relevant, information that is “privileged” cannot be
obtained from a party through discovery, provided that the applicable privilege is
adequately asserted and not waived. In North Carolina, such information
includes confidential communications covered by the attorney-client privilege, the
doctor-patient privilege, and the marital privilege.

In addition to defining the scope of discovery, the rules require that the court, on
its initiative or upon a motion filed by the plaintiff or the defendant, prohibit the
use of the discovery that it determines is “unreasonably cumulative or
duplicative” or “unduly burdensome or expensive” considering the amount of
money in controversy in the case and the parties’ resources. By doing so, the
court can prevent the misuse of the discovery process.

Our attorneys at Kelly & West have been helping our clients with their personal
injury cases for 40 years and are skilled in conducting and responding to
discovery in such cases. If you have been injured as the result of the negligence
of another and are considering taking legal action against them, contact us to arrange a free consultation.

5 Steps to Take if You are in a Rear-End Collision

Written by kwmlaw on February 9, 2023. Posted in Kelly & West News.

With rear-end collisions being the most common car accident, you are probably familiar
with them or may have even experienced one. Rear-end collisions occur when a
vehicle crashes into another car directly in front of it. These accidents are generally the
fault of the last vehicle in the collision. Most law enforcement officers will cite that driver
since, had that driver been more careful or followed less closely, the accident would not
have occurred.

In the unfortunate event that you are in a rear-end collision, you should know what steps
to take directly following the accident and whom to call if you have suffered any losses.

1. Call the police. Call 911 and have a police officer come to the scene. A police
officer can assess the situation and file a police report. A police report will create
documentation of the collision and details how the accident occurred and who is
at fault. The insurance company usually requires this information before they
pay a claim.

2. Seek medical attention. Even if you don’t think you are hurt, be sure to seek
medical attention. Some injuries, such as internal injuries, are not immediately
apparent, so you want to be sure that you do not have a significant problem and
don’t know it. It’s a good idea to be checked out, just in case.

3. Exchange information and speak to witnesses. If both drivers cooperate and
are willing to talk, you can exchange contact information to resolve the claim
more efficiently. Share insurance company names and write down the
information about that person’s vehicle. If there are any witnesses, collect their
info and ask if they can provide a statement. Witness statements can be
beneficial if you end up having to go to court.

4. Take photos. Take photos of both cars and the scene if you can. You want to
take pictures that document the damage to your vehicle, both up close and from
a distance. We recommend you also take photos of the other car, as this may be
the only chance you can obtain these photos. Also, take pictures of the scene
and any marks on the road. This helps document what happened and can be
helpful to send to the insurance company later.

5. Contact a personal injury lawyer. Contacting a Personal Injury Lawyer is the
last but most crucial step. A Personal Injury Lawyer can help you gain the
compensation you deserve for the accident. We can guide you through the
process and make sure you are compensated for your losses. You may want to
hire a Personal Injury Lawyer early so your attorney can preserve evidence and
document your claim from the outset.

If you are involved in a rear-end collision and suffer physical or financial loss, contact
our office at Kelly & West. Our experienced lawyers are here for you.

Non-economic and Future Damages in Personal Injury Actions

Written by kwmlaw on January 26, 2023. Posted in Kelly & West News.

To succeed in a personal injury action, a plaintiff must prove two things by a
“preponderance of the evidence” – that they are more likely than not. Of course,
the plaintiff must first prove that the defendant is legally responsible (“liable”) for
their injuries. That proof is often based on evidence that the defendant’s failure
to act with reasonable care (“negligence”) caused the injuries.

Having proven liability, the plaintiff must also prove that they should recover a
lump sum of money (plaintiff’s “damages”) from the defendant. That sum is the
amount that will fairly compensate for all the plaintiff’s losses and other
adversities from the injuries.

Some damages are relatively easy to document and calculate. For example, if,
before a settlement or the trial, the plaintiff has incurred medical bills, missed
work, and lost income due to the injuries, those damages are hard for the
defendant to dispute.

Non-economic and future damages are, by their nature, much more difficult to
prove and quantify but can be critical concerns for plaintiffs, especially in cases
involving severe injuries and their long-term or permanent effects. What are
they, and why are they problematic?

Non-economic Damages

The best way to explain the problem with an injured plaintiff’s “non-economic
damages” is to contrast them with their opposite, the plaintiff’s “economic
damages.”

Economic damages (also called “specific damages” or “special damages”) are
amounts of money that compensate the plaintiff for losses resulting from their
injuries that have specific, determinable money values. Such losses include the
plaintiff’s lost income and the costs of doctor and hospital visits, medical
procedures, prescribed medications, assistive devices, rehabilitative therapy, and home-care services. These damages can be proven and calculated using pay stubs, employment records, medical reports, bills, receipts, and similar evidence.

Non-economic damages (also called “general damages”), on the other hand, are
amounts of money intended to compensate the plaintiff for all of the other
adversities suffered as the result of the injuries – those that do NOT have
specific, determinable money values. Non-economic damages include:

● Pain and Suffering – physical discomfort endured as a result of the
plaintiff’s injuries,

● Emotional Distress – “non-physical” effects of the injuries, such as

fear, anxiety, sleep disturbances, post-traumatic stress, and

● Loss of Enjoyment of Life – the adverse impacts that the injuries
have on the plaintiff’s quality of life as compared with their life before
the injuries

No one can reasonably deny that pain, emotional distress, and loss of enjoyment
can result from a plaintiff’s injuries and that they can be severe. Still, the only

legal remedy available is non-economic damages – money. That’s the problem.
How does a plaintiff calculate and “prove” to a judge or jury the amounts of
money that will fairly compensate for enduring the pain, anguish, and
embarrassment of being badly scarred or disfigured or the inability to do things
they used to enjoy?

Future Damages

As the name suggests, the problem with “future damages” is that they are paid to
compensate a plaintiff for losses and other adversities that have not yet been
incurred or suffered. Future damages are unavoidable issues in many personal
injury actions, particularly those involving more serious injuries, because of the
time constraints of the legal system:

● The applicable statute of limitations provides that a personal injury action

must be initiated within a prescribed period. In North Carolina, for instance, a plaintiff must file a personal injury action within three years of the injury.

● After the action is filed, depending on the court and the case’s complexity,
it can take anywhere between a few months and a couple of years to get to
the trial, where the issues between the plaintiff and the defendant are
“judged on the merits.”

● The legal principle known as “res judicata,” Latin for “a matter already
judged,” generally prevents parties from having their issues decided twice
in court. Once an injured plaintiff and a negligent defendant have had their
“day in court” on the types and amounts of damages the defendant should
pay the plaintiff, they’re usually stuck with the results.

Common types of future damages in personal injury cases include the plaintiff’s
estimated costs of future doctor visits, medical procedures and equipment, and
loss of earning capacity. To compound the difficulty, future damages can also
include non-economic damages to compensate for the plaintiff’s long-term or
permanent pain, distress, and loss of enjoyment. How long will the results of the
plaintiff’s injuries continue, and how should they be valued?

Our attorneys have over 40 years of experience helping our clients with their
injury cases, including cases involving significant non-economic and future
damages. If you have been injured and need legal advice or assistance, you can
contact Kelly & West and arrange a free consultation.

7 Questions to ask Your Personal Injury Attorney

Written by kwmlaw on January 12, 2023. Posted in Kelly & West News.

Severe injuries are likely to come without warning. If you or your loved one is injured due to someone else’s fault, you might feel confused about how to proceed with a case and how to prepare yourself. After getting immediate medical help, your next step should be speaking with an experienced Personal Injury Attorney before you talk with anyone else.

During that first meeting with an attorney, you will probably have some questions of your own. But here are seven others you should always ask:

1) Have you handled cases similar to mine? What were the outcomes?

It is essential to know that your attorney has handled similar past cases and how many. The more experience your attorney has, the better the chances you have of receiving rightful compensation. Don’t be shy about asking how those cases turned out either.

2) How often will you communicate with me?

Communication is key to a successful personal injury case. Your attorney should let you know exactly where they are in your case to prepare for the next step. Don’t be afraid to contact them if you have questions.

3) How can I be involved in my case?

Make sure you meet or speak with your attorney at least once a week. Also, make sure you deliver all necessary documentation or bills related to the accident. Notify your attorney if insurance companies, doctors, or associates ask you questions regarding your case. Getting caught off guard can lead to case disruptions.

4) How will I be paying for your services?

Every case is different and may result in fixed fees or contingency fees. The fixed fee amount is determined by the tasks associated with your case. The contingency fee is based upon the result of your case, so you don’t have to pay until your case is a success.

5) What if I have problems with creditors?

Unfortunately, it is not uncommon for financial disruption to occur. Report to your creditors as soon as possible to let me know about your accident and see if they are willing to work with you or work out a more flexible payment arrangement. Your attorney should be willing to send them a letter, too, confirming your situation, if necessary.

6) Is there anything I can do to help make sure that I get fair compensation?

Getting fair compensation from an insurance company takes work, and you must talk with your attorney about what you can do to make sure that you receive fair compensation. Often, insurance companies want to see evidence that you have followed your doctors’ advice and any restrictions. Talk to your attorney about how you can help ensure you get the compensation you deserve by getting the treatment you need.

7) When can we settle my case?

Every case is different; however, most cases follow a similar pattern: you get injured, you receive medical treatment, you get better, and you get released from your doctor. Since insurance companies only pay you one time in one lump sum to settle your case, you must get all the medical treatment you need before settling your case. Talk to your attorney about what may trigger a settlement for your case, so you know what to expect.

Your list of questions should not be limited to this list. Every case is unique and calls for individual decisions. If you are victim to an accidental injury, the attorneys at Kelly & West can get you the compensation you deserve. Schedule a free consultation today and see what we can do for you.

7 Questions To Ask Your Personal Injury Attorney

Written by kwmlaw on January 12, 2023. Posted in Kelly & West News.

Severe injuries are likely to come without warning. If you or someone you know is injured due to someone else’s fault, you might need clarification about how to proceed with a case and how to prepare. After getting immediate medical help, your next step should be speaking with an experienced Personal Injury Attorney. Do this before you speak with anyone else.

During that first meeting with an attorney, you probably have questions. But here are seven others you should ask:

Have you handled cases similar to mine? What were the outcomes?

It is essential to know that your attorney has handled similar cases in the past and ask how many. The more experience your attorney has, the better your chances of receiving rightful compensation. Don’t be shy about asking how those cases turned out, either.

How often will you communicate with me?

Communication is key to a successful personal injury case. Your attorney should let you know exactly where they are in your case so you can prepare for the next step. Don’t be afraid to contact them if you have questions.

How can I be involved in my case?

Make sure you meet or speak with your attorney at least once a week. Also, ensure you deliver all necessary documentation or bills related to the accident. Notify your attorney if insurance companies, doctors, or associates ask you questions regarding your case. Getting caught off guard can lead to case disruptions.

How will I be paying for your services?

Every case is different and may result in fixed fees and contingency fees. The fixed fee amount is determined by the tasks associated with your case. The contingency fee is based on the result of your case,

so you don’t have to pay until your case is a success.

What if I need help with creditors?

Unfortunately, it is not uncommon for financial disruption to occur. Report to your creditors as soon as possible to let me know of your accident. Your attorney should be willing to contact your creditors if you need them to do so.

Is there anything I can do to help make sure that I get fair compensation?

Getting fair compensation from an insurance company takes work, and it is imperative that you talk with your attorney about what you can do to make sure that you receive fair compensation. Often insurance companies want to see evidence that you have followed the advice of your doctors and any restrictions. Talk to your attorney about how you can help ensure you get the compensation you deserve by getting the treatment you need.

When can we settle my case?

Every case is different; however, most cases follow a similar pattern: you get injured, you receive medical treatment, you get better, and you get released from your doctor. Since insurance companies only pay you one time in one lump sum to settle your case, it is essential that you get all the medical treatment you need before settling your case. Talk to your attorney about what your attorney is looking for to trigger settling your case so you will know what to expect.

Your list of questions should not be limited to this list. Every case is unique, calling for unique decisions to be made. If you are a victim of an accidental injury, the attorneys at Kelly & West can get you the compensation you deserve. Schedule a free consultation today and see what we can do for you.

Recovering Punitive Damages in Personal Injury Cases

Written by kwmlaw on December 22, 2022. Posted in Kelly & West News.

The primary purpose of every personal injury case is to allow a plaintiff who
proves that they were injured by the wrongful acts of a defendant to recover
money, known as “compensatory damages,” from the defendant. Compensatory
damages are intended to restore the plaintiff to the position they would have
occupied if not for the defendant’s acts. They include all actual financial losses
suffered by the plaintiff because of the injury, such as medical bills and lost
wages, and amounts meant to compensate the plaintiff for other resulting losses
and hardships that do not have set monetary values, such as pain and suffering,
emotional distress and the failure of enjoyment of life.

In a personal injury case where the defendant’s wrongful acts are particularly
egregious, the plaintiff may also recover “punitive damages,” an amount of
money over what is necessary to reimburse or compensate for the plaintiff’s
losses. You should know the following essential things about recovering punitive
damages in North Carolina.

What are the Purposes of Punitive Damages?

North Carolina’s punitive damages statute sets forth the two purposes of punitive
damages:

“Punitive damages may be awarded, in an appropriate case …, to punish a
defendant for egregiously wrongful acts and to deter the defendant and others
from committing similar wrongful acts”.

First, punitive damages, true to their name, are a means of punishing the defendant by requiring the payment of money in addition to the plaintiff’s compensatory damages – in effect, a penalty. In North Carolina, as in most states, the defendant pays it in full.

Second, punitive damages are awarded as a deterrent, warning the defendant and others of the possible consequences of committing certain types of “egregiously wrongful” acts. This is why punitive damages are often referred to as “exemplary damages”.

What must a Plaintiff Prove to Recover Punitive Damages?

As the statute provides, punitive damages may be awarded in North Carolina
only “in an appropriate case.” Another section of the law explains what that
means.

To recover punitive damages, the plaintiff must first prove that the defendant is
liable for the compensatory damages resulting from the plaintiff’s injury. More
importantly, the plaintiff must also prove that one of three specified “aggravating
factors”, either fraud, malice, or willful or wanton conduct, was “related to” those
compensatory damages. Furthermore, the aggravating factor must be proved by
“clear and convincing evidence,” a standard of proof that is higher than that
required from the plaintiff for any of the other facts at issue in the case.

The aggravating factor most often relied upon to support the recovery of punitive
damages in North Carolina personal injury cases is “willful or wanton conduct.”
In another section of the statute, it is defined as the defendant’s “conscious and
intentional disregard of and indifference to the rights and safety of others” and as
“more than gross negligence.”

How is the Number of Punitive Damages Determined?

Suppose a case that might result in an award of punitive damages is settled
before trial. In that case, the amount of any punitive damages paid to the plaintiff
will be negotiated between the plaintiff’s attorney, the defendant’s attorney, and
the insurance company. Such an agreed-upon amount will likely be based
primarily on the amount of the compensatory damages paid in the settlement and
jury verdicts awarding punitive damages in similar cases.

Absent any settlement, a jury will determine the amount of punitive damages. The North Carolina statute requires that, in deciding upon a dollar amount, the jury must consider the two purposes of punitive damages, to punish the defendant and to deter the type of misconduct at issue. Other factors that the jury may consider include the reprehensibility of the defendant’s conduct, the likelihood that serious harm to others would result from the defendant’s conduct, the degree to which the defendant was aware of the probable consequences of the behavior, any similar past conduct by the defendant and its frequency, the actual damages suffered by the plaintiff and the ability of the defendant to pay punitive damages.

Every state that allows plaintiffs to recover punitive damages at trial somehow
limits the dollar amount of any such award. The North Carolina statute “caps”
punitive damages generally at a maximum of either three times the amount of the
plaintiff’s compensatory damages or $250,000, whichever is higher. If the jury
returns a verdict for a higher amount, the court will reduce their award to the
applicable maximum. However, there is a critical exemption from the cap – it
does not apply in a case where a plaintiff’s injury is caused by a defendant
“driving while impaired” (by alcohol or drugs) in violation of North Carolina law.

Our experienced attorneys at Kelly & West have been helping clients with
personal injury cases for 40 years. If you or a loved one has been injured as the
result of the negligence or other misconduct of another, and you are considering
taking legal action against them, you can call us and arrange for a free
consultation.

What You Need To Know About HOA Covenants

Written by kwmlaw on November 17, 2022. Posted in Kelly & West News.

A North Carolina homeowner association (“HOA”) is an organization (most are non-profit corporations) that oversees the management of, and makes and enforces rules applicable to home ownership in, a planned residential community. Purchasers of homes in a North Carolina HOA community automatically become “members” of the HOA; there is no “opting out”. And as members of the HOA, they are contractually obligated to comply with its rules.

There are more than 14,300 HOA communities in North Carolina containing a total of more than a million homes. Whether you already live in an HOA community or are considering buying a home located in one, it is important that you know where to find its rules, how they may cost you and restrict your use and enjoyment of the property and how they may be enforced by the HOA.

CC&R – The “Covenants”

A North Carolina HOA’s rules applicable to its members’ rights and responsibilities, often referred to simply as the HOA’s covenants, are set forth in a legal document called its Declaration of Covenants, Conditions and Restrictions (“CC&R”). The CC&R is filed in the recorder’s office(s) of the county(ies) in which the HOA is located as a real estate record that “runs with the land” that is part of the community. A copy of the current CC&R is also provided to each HOA homeowner at or before the closing on their purchase.

Some HOA covenants may actually be perks for some who live in an HOA community. They include provisions whereby the HOA agrees to provide services such as property maintenance and general upkeep, landscaping and/or snow removal. Of course, the HOA’s costs for such services are passed through to the homeowners, one way or another.

Most often, however, covenants work the other way; they impose obligations and restrictions on the homeowners. While every HOA’s covenants are different, they typically include rules that address most or all of the following:

Dues and Assessments – Regular periodic dues are paid by members for the HOA’s operating costs and expenses, items like landscaping, maintenance, upkeep and insurance of common areas and shared facilities, and maintaining a reserve fund for emergencies; in addition, an HOA may require payment of special assessments by its members, one-time fees to cover unexpected expenses,
Home Insurance – Requirements that members carry certain types and amounts of home insurance,
Home Appearance/Maintenance – Descriptions of how homes must look (to maintain consistency in the community); requirements for prior HOA approval of exterior modifications; requirements that broken mailboxes, windows, garage doors, etc. be fixed or that roof damage be repaired, within a certain amount of time,
Landscaping/Lawn Care – Issues such as the types of plants permitted, height and location of trees and how often grass must be mowed,
Occupancy Limits – How many people can reside in an HOA home at any time,
Vehicles – Prohibiting keeping certain kinds of vehicles, such as RV’s and boats, in driveways and/or curbside,
Parking – Banning or limiting curbside parking (where the HOA has its own system of roads) and/or restricting visitor parking,
Pets – Prohibiting pets or restricting the types, size and/or number of pets that are kept by residents, and
Trash – When trash cans and recycling bins can be put on the curb and must be brought inside.

Enforcement of Covenants

In addition to establishing the rules that apply to homeowners, the CC&R typically authorizes the HOA’s directors to monitor and enforce compliance with its covenants. Provided that its CC&R is properly recorded and a covenant therein is reasonable and consistently enforced and does not conflict with any federal or state laws, there are different means by which an HOA can enforce that covenant.

In North Carolina, an HOA may impose a reasonable fine on a homeowner for violating a covenant. Before levying a fine, It must first give the homeowner written notice of the violation and an opportunity to be heard. If the fine is imposed, it cannot exceed $100 per violation. If any fine remains unpaid for more than 5 days, the HOA may impose an additional fine of up to $100 per day.

Another course of action that an HOA can take, after giving a violating homeowner notice and a right to be heard, is to suspend or revoke certain of the homeowner’s rights and privileges such as HOA services and access to amenities like pools and clubhouses. It cannot, however, restrict or prohibit the homeowner’s access to his or her home.

A North Carolina HOA can also charge a homeowner for late payments of dues or special assessments after 30 days. Such charges cannot exceed the greater of $20 per month or 10% of the amount unpaid.

Finally, under North Carolina law, an HOA can place a lien on the homeowner’s property for failure to pay dues, assessments or fines and can foreclose on the lien if the homeowner continues not to pay.

If you need legal advice or assistance related to your current (or any prospective) HOA’s covenants or any other real estate law issue, you can call us at Kelly & West and arrange for a free consultation.

How to Keep Your Home Safe During the Holiday Season

Written by kwmlaw on November 15, 2022. Posted in Kelly & West News.

As the holidays are around the corner, we want to share some essential facts to help keep you safe during the holiday season.

Did you know Thanksgiving is considered the most dangerous holiday? That’s due mainly to the number of cars on the road. Yet, some understated injuries can happen during Thanksgiving, such as burns, knife cuts, or even more subtle, yet profound, health risks like heart failure or food poisoning.

Christmas is in the top five list for the same reason, with the added risk of inclement weather.

The holiday season is here, and accidents on the road and inside the house tend to increase this time. Keep your season joyful inside the house and out with these safety tips.

Indoor Tips

Fire is one of the most common hazards in December.

You should carefully inspect holiday light strings each year and discard any with frayed cords, cracked lamp holders, or loose connections. When replacing bulbs, unplug the light string and match the voltage and wattage to the original bulb. Also always turn off holiday lights when you leave the house unattended or go to bed.
Purchase a freshly cut tree; they are more resistant to fire. Keep your Christmas tree watered and away from open candles.
Only connect one extension cord; instead use a single cord that is long enough to reach the outlet without stretching, but not so long that it can get easily tangled.
Do not use your gas fireplace if the glass panel is removed, cracked, or broken, and only allow a qualified service person to replace fireplace parts.
Test your smoke alarms monthly to ensure they work; install smoke and carbon monoxide alarms on every level of your home — especially near sleeping areas.

Outdoor Tips

Do not store combustible materials such as gasoline, propane, paper, chemicals, paint, rags, and cleaning products near your gas furnace. Gasoline or propane cylinders should be stored outside the home.
Use an outdoor timer certified by CSA International to switch lights on and off. Lights should be turned on after 7 p.m. to avoid the electricity rush hour.
Keep electrical connectors off the ground and away from metal rain gutters when hanging outdoor lights. Use insulated tape or plastic clips instead of metal nails or tacks to hold them in place.
If you’re going to use a ladder to put up lights, you should choose the correct ladder for the job and double-check for a certification mark to ensure your portable ladder complies with applicable standards.

We hope you and your family’s holidays are festive and full of good times and good memories. Above all, we hope that you have the safest holidays possible! If you need help after an accident or other problem, contact us.

Workers’ Compensation Terms You Should Know

Written by kwmlaw on October 27, 2022. Posted in Kelly & West News.

Workers’ compensation is a form of no-fault insurance employers provides to their
employees. This coverage provides wage replacement and medical benefits to an employee who is injured or becomes disabled due to employment in substitution for the employee’s right to sue the employer for negligence. Here are some terms you should know if you are dealing with a workers’ compensation claim: 7-common-legal-terms-explained

A

Arising out of and in the course of employment (AOE/COE): Necessary conditions, one of
which must be met to establish a work-connected injury: an injury that “arises out of.”
employment results from a hazard of the employment during an injury “in the course of
employment” occurs at a time, place, and under the circumstances related to the
employment.

Average Weekly Wage: An amount used to calculate workers’ compensation benefits equal to
the average amount earned per week by an employee before the injury. Including all overtime,
bonuses, and non-wage allowances such as per-diems and housing.

B

Beneficiary: An injured employee’s spouse, domestic partner, child, or dependent who is
entitled to receive payments in the event of the death of the employee as a result of work-
related accident or injury.

C

Claim: A written request by the employee, or on the employee’s behalf, for compensation.

Cumulative injury: Caused by repeated events or exposures at work.

D

Deferred claim: A claim not yet accepted or denied by the insurance company or self-insured
employer.

Deputy Commissioner: An employee of the North Carolina Industrial Commission who makes
decisions about workers’ compensation disputes and approves settlements.

E

Ergonomics: The study of how to improve the fit between the physical demands of the
workplace and the employees who perform the work.

F

Family and Medical Leave Act (FMLA): A federal law that provides certain employees with
serious health problems or who need to care for a child or other family member with up to 12
weeks of unpaid, job-protected leave per year.

H

HIPAA (Health Insurance Portability and Accountability Act): A federal law that ensures
the privacy and security of protected health information and patients’ access to their healthcare records.

N

Non-disabling claim: A worker’s compensation claim does not result in time lost from employment or permanent disability but only requires medical treatment.

North Carolina Industrial Commission: The administrative body that administers and
enforces workers’ compensation laws in North Carolina.

O

Occupational disease: A disease or infection arising out of and occurring in the course and
scope of employment.

Occupational Safety and Health Administration (OSHA): The federal agency oversees workplace safety and health in national offices and states without state OSHA programs.

P

Permanent Partial Disability: Benefits paid to an employee who, as the result of work-related
injury has sustained a permanent disability to a specific body part such as an eye, an ear, an arm, a leg, a hand, or a foot.

R

Regular work: The job the worker held at the time of injury or a similar position.

S

Settlement: An agreement between an employee and the insurance company or self-insured
employer about workers' compensation payments and future medical care.
Suspension of benefits: An interruption in paying benefits to an injured employee.

T

Temporary Partial Disability: Benefits paid to an employee who can do some work while
recovering from a work-related injury but earning less than before being injured because of a
reduced rate of pay or fewer hours worked.

Temporary Total Disability: Benefits paid to an employee who cannot work at all while
recovering from a work-related injury.

Total and Permanent Disability: Benefits paid to an employee for a lifetime when a work-
related injury renders them unable to return to any form of suitable employment.

W

Worksite modification: Changes to an injured employee’s job, tools, tasks, or worksite to accommodate the employee’s injury-caused limitations.

Defenses and Arguments in Personal Injury Actions

Written by kwmlaw on October 13, 2022. Posted in Kelly & West News.

If you are injured in an accident caused by another person’s failure to use reasonable care (“negligence”) you may have to file a lawsuit. In your lawsuit (a “personal injury action”) you will seek to recover an amount of money (“damages”) to compensate you for your medical bills, loss of income during any period you were unable to work, pain and suffering, emotional distress and other losses and costs resulting from the accident.

Once you (the “plaintiff”) file your personal injury action, you can expect the person or company from which you seek to recover damages (the “defendant”) to do everything they can to prove that they are not legally responsible (“liable”) for your injury and/or to minimize the damages you can recover from them. The following are some of the most common defenses and arguments that a defendant may raise in a personal injury action in North Carolina.

Statute of Limitations

A statute of limitations specifies the period of time within which a plaintiff must initiate an action. Statutes of limitations are meant to ensure that lawsuits are dealt with fairly and in a timely manner.

In North Carolina, the statute of limitations for a personal injury action is 3 years from the date of the injury. The statute delays the period for some actions. For example, the 3 year period starts to run on the plaintiff’s 18th birthday for an action to recover for an injury suffered by a minor. In any event, if the plaintiff waits any longer than the applicable 3-year period, the action will be dismissed.

Contributory Negligence

Contributory negligence is a particularly strict defense in North Carolina. It applies where the negligent defendant can prove that the plaintiff’s own negligence was partly the cause of the accident that caused his or her injury.

Unlike North Carolina, most states now allow a defendant to use only a comparative negligence defense in cases where both parties are negligent. Under comparative negligence, the defendant is responsible for a percentage of the plaintiff’s damages equal to the percentage to which the defendant was at fault. In some states, comparative negligence applies even where the injured plaintiff is more at fault than the defendant. In most comparative negligence states, however, it applies only where the defendant’s percentage of fault either was at least equal to (i.e. 50%) or exceeded the plaintiff’s.

North Carolina is one of only 4 States which (along with the District of Columbia) still apply the old contributory negligence rule. Under contributory negligence, a plaintiff is completely barred from recovering any damages if the defendant proves that the plaintiff’s negligence contributed to any degree to the accident which caused the injury. So, even if the defendant’s negligence was 99% of the cause of the accident, and the plaintiff’s contributory negligence was only 1%, the plaintiff will not recover any damages.

There are a few important exceptions to the contributory negligence defense in North Carolina. If an injured plaintiff can prove that the defendant’s “gross negligence” was a significant cause of the accident, the defendant cannot avoid liability based on the plaintiff’s contributory negligence. This has been held to apply, for example, where a defendant was driving while intoxicated or engaged in street racing.

Another exception in North Carolina is the “last clear chance” doctrine. It has been described as a defense to a defense. In a last clear chance situation, the plaintiff was in a “position of helpless peril” due to his or her own negligence prior to the accident. If the defendant discovered (or reasonably should have discovered) the plaintiff’s perilous position and had enough time and the ability to avoid the accident but negligently failed to do so, the plaintiff can recover for his or her injury.

Assumption of Risk

Assumption of risk, as the name suggests, is a defense based on proof that the plaintiff was aware of a type of injury often suffered by people engaging in an activity yet still willfully participated in that activity and thereby assumed the risk. Classic examples of assumption of risk are a spectator at a baseball park who is hit by a foul ball or an amusement park visitor who suffers a whiplash injury while riding a roller coaster.

Assumption of risk will also be raised as a defense in a case where a plaintiff chooses to be a passenger in a vehicle driven by a defendant whom he or she knows is intoxicated and is injured when the defendant driver loses control of the vehicle and runs off the road.

Prior Injury or Pre-Existing Condition / Peculiar Susceptibility

It is often argued that the plaintiff had already been injured or had a medical condition prior to the accident and should not recover from the defendant for damages, such as medical costs, that are actually related to treatment of that injury or condition. Similarly, it is sometimes argued that, because the accident in question would not have injured a person of “normal susceptibility” the defendant is not necessarily liable for an injury resulting from the plaintiff’s “peculiar susceptibility”.

These arguments are not valid defenses against liability like contributory negligence and assumption of risk. The defendant is liable for damages to the extent that the accident aggravates or exacerbates the plaintiff’s prior injury or pre-existing condition and regardless of the plaintiff’s level of “susceptibility”. They can, however, make calculation of the plaintiff’s damages a contentious issue.

Failure to Mitigate Damages

Another argument that a defendant might use to try to reduce the amount of damages a plaintiff can recover is that the plaintiff unreasonably failed to seek medical treatment, follow doctor’s orders, make it to physical therapy appointments or otherwise attempt to mitigate the harmful consequences of the accident. In a case involving an injury that significantly impairs the plaintiff’s ability to perform his or her normal job, he or she might have to accept an offer of a “light duty” or desk job at lower pay and thereby mitigate his or her damages based on lost income.

Insurance companies and defense attorneys will use the defenses and arguments summarized above (and many others) to make it as hard as they can for you to recover fair compensation for your injury. You will need the advice of an experienced attorney to help you anticipate, be prepared for and deal with them effectively. Our attorneys at Kelly & West have been helping clients with their personal injury actions for 40 years. Call us and arrange for a free consultation.

Kelly & West Law Firm Celebrates 40 Years

Written by kwmlaw on September 22, 2022. Posted in Kelly & West News.

Partners Reggie Kelly and Thomas West Started Family Company in 1982

LILLINGTON, N.C. — When Thomas West and Reggie Kelly opened their law firm doors in October 1982, they conducted most of their business in person, by phone, and by mail.

Forty years later, not much has changed — at least in the company’s attitudes. The law firm, which offers help with personal injury, traffic, real estate, and more in Lee and Harnett counties, still relies on that personal touch, which has earned them a positive reputation among clients and community members.

The firm celebrates its 40th anniversary October 1^st. The milestone isn’t something the partners were considering when they began.

“We were just getting started, just hoping to be here and make the business grow,” said Thomas West. “We weren’t focused on the years down the road, just on providing a good service to people.”

The law firm has grown to include Thomas West’s daughter, Elizabeth Murphy, and a team of 11 staff. While the law firm has a website with a chat function now, the partners say their “old-fashioned” efforts to communicate personally with clients is what sets them apart.

“We weren’t trying to make money. We wanted to be good lawyers. We wanted to take care of people the way we would want to be helped after an accident or during stressful times,” said Reggie Kelly. “We relate to our clients because we know we’re not immune to the same problems everyone faces in life, and we just want to help.”

Things may not have changed with the way the firm feels about its clients, but the firm has seen drastic differences in 40 years in the profession. When Kelly and West graduated law school, advertising was considered unethical. Technology, of course, has changed things, but in most cases has made it easier for them to work. But the law has changed, too, West said.

“Jury attitudes have certainly changed. A jury used to feel sorry for someone who got hurt; now they wonder if someone is trying to get something for nothing,” he said. “The law has less sympathy for the injured and more for insurance companies.”

Kelly and West say what’s truly amazing is that they’ve stayed a team for 40 years, a milestone many firms don’t achieve. They attribute their success, in part, totheir complementary skill sets.

“Many firms split over fights about money, but we never focused on individuals,” West said. “There’s a quote in the Bible¹ that two or three can do so much more than one on his own. There’s a lot of truth in that. Reggie and I, our talents complemented each other. And want to thank God and thank the many amazing employees who have helped along the way.”

Elizabeth Murphy, West’s daughter, has now taken over her dad’s practice after his retirement in 2020. She says, “I am so very proud of the firm and all its accomplishments and honored to be part of such a talented team. We have so many very dedicated employees who really want us to succeed and we owe our success to them, and to the amazing clients who continue to reach out to us. We are very thankful for all the wonderful blessings God has given us and look forward to continuing to serve the Lillington community for many years to come.”

About Kelly & West
Kelly & West is a law firm in Lillington, N.C. The team has handled more than 20,000 cases, helping people in the areas of personal injury, real estate, DWI, and traffic law. The family law firm focuses on putting the client first — and putting their experience to work. Learn more at kellywest.com.

Fast Facts: Statute of Limitations in NC

Written by kwmlaw on September 8, 2022. Posted in Kelly & West News.

Let’s say your car is damaged in an accident. At the time, you don’t have the resources to file a lawsuit against the other driver. You wait a year before deciding to take the case to court. Is the case still valid?

The laws determining the length of time during which a lawsuit may be brought are called a statute of limitations. According to the legal dictionary at Law.com, “If the lawsuit or claim is not filed before the statutory deadline, the right to sue or make a claim is forever dead (barred).” The longer a person waits to file a lawsuit, the higher the chances are of losing valuable evidence, forgetting facts, losing track of witnesses, or even the passing of a critical case figure. Statutes of limitations attempt to prevent evidence and memories from getting stale. They are also very strictly enforced so if a lawsuit is not filed within the allotted time, you will lose your right to file the lawsuit forever.

Statutes of limitations vary based on the area of law or category of case. Here are some examples of statutes that are effective under North Carolina legislation:

● Personal Injury or property damage claims due to an accident are barred after three years.
● Wrongful death claims cannot be brought forward after two years from the date of death.
● Trespassing upon real property must be brought forward within three years of the initial trespass.
● Assault, battery, or false imprisonment cannot be brought forward more than three years after the act.
● Libel and slander must be brought forward within one year of the act.

A full list of statutes of limitations currently active under North Carolina legislation can be found on the NC Legislature website.

If you think you have a lawsuit, you should contact a Lillington attorney as soon as possible to learn more. Even if you don’t file suit immediately, it’s best to know what deadlines are in place. Speak with one of our legal professionals today, and we’ll answer your questions.

Defense and Arguments in a Personal Injury Action

Written by kwmlaw on August 25, 2022. Posted in Kelly & West News.

If you are injured in an accident that was caused or could have been prevented by another person or a company, you might have to file a lawsuit (a “personal injury action”) against them. In your action, you will seek to recover monetary compensation (‘damages’) for your resulting medical bills, loss of wages or salary during any time you were unable to work, your pain and suffering, and related expenses. Common personal injury actions include those arising from auto accidents, slips and falls, and dog bites.

When you (the “plaintiff”) file your personal injury action, you can expect the person or company from which you seek to recover damages (the “defendant”) to do everything they can to prove that they are not legally responsible (“liable”) for your injury or to minimize the amount of any damages you can recover. In the simplest of terms, the following are some of the most common defenses and arguments the defendant may raise depending, of course, on the facts in your case.

Statute of Limitations

A statute of limitations specifies a period within which you must initiate your action. Under North Carolina law, the statute of limitations for a personal injury action is three years from the date of the accident. If you wait any longer, your action will be dismissed.

Contributory Negligence

Contributory negligence is a defense based on the argument that you were at fault, in whole or part, for the accident that caused your injury. In an auto accident personal injury action, for instance, even though the driver (the “defendant”) may have also been negligent, if the defendant proves that it is more likely than not that you, the plaintiff, contributed to the wreck, say by speeding, for example, contributory negligence applies and you are barred from recovery.

Contributory negligence is a particularly harsh defense in North Carolina. Instead of contributory negligence, most states now apply a “comparative negligence” rule where the defendant is responsible for a percentage of the plaintiff’s damages equal to the rate at which the defendant was at fault for the accident. So, for example, if you were twenty percent at fault in causing the wreck but the defendant was eighty percent at fault, you would recover eighty percent of your damages. In some states, the rule is effective even where the plaintiff is more at fault than the defendant; however, in most comparative negligence states, it applies only where the defendant’s percentage of fault is equal to (or, in some states, exceeds) the plaintiffs.

By contrast, North Carolina is one of only four states (along with the District of Columbia) that still apply the old contributory negligence rule – you are completely barred from recovering damages if you were at fault for the accident.

Assumption of Risk

Assumption of risk is, as its name suggests, a defense based on the argument that the plaintiff was aware of the risk of a type of injury often suffered by those engaging in a particular activity yet still willfully participated in that activity and thereby assumed the chance that such an injury might occur. Classic examples of assumption of risk are a spectator at a baseball park who is hit by a foul ball or a beach vacationer who rents a jet ski and is injured when he or she falls off.

Assumption of risk might also be argued where the plaintiff chose to be a passenger in a vehicle driven by a person the plaintiff knew was intoxicated and injured when the driver lost control of the car or ran off the road causing injury.

Pre-existing Condition / Peculiar Susceptibility

It is often argued that the plaintiff had been previously injured or had a physical condition before the accident and should not recover from the defendant for damages such as medical costs related to that pre-existing injury or condition. Similarly, it is sometimes argued that the defendant is not necessarily liable for the plaintiff’s injuries because the accident in question would not have injured any person of “normal” susceptibility.

Under the “Eggshell Plaintiff Rule” in North Carolina, a plaintiff’s frailty, weakness, sensitivity, or feebleness cannot be used as a defense against liability in a personal injury action. These arguments are mainly used to reduce the number of damages that the plaintiff can recover rather than preclude recovery altogether.

Failure to Mitigate Damages / Avoidable Consequences

Another argument that the defendant might use to reduce the damages you can recover is that you unreasonably failed to seek medical treatment, follow your doctor’s orders, make it to your physical therapy appointments or otherwise attempt to avoid or reduce the harmful consequences of the accident. In the case of a severe injury that limits your ability to perform your regular job, you might still need to accept the offer of a desk job at a lower pay rate as part of your reasonable effort to mitigate your damages.

Insurance companies and defense attorneys will use the defenses and arguments summarized above (and many others) to make it as hard as possible for you to recover fair compensation for your injury. You will need the advice of an experienced attorney to help you anticipate, prepare for and overcome their efforts. Our attorneys at Kelly & West have been helping clients with their personal injury actions for almost 40 years. Call us and arrange for a free consultation.

How Do Insurance Companies Handle “Hit-and-Run” Incidents?

Written by kwmlaw on August 11, 2022. Posted in Kelly & West News.

Consider this scenario: You’re driving home from work during rush hour traffic. Suddenly, a car rear-ends you. Before you can react, you notice the car that hit you is speeding off into traffic. You’ve just been involved in a “hit-and-run” incident. What can you do? You have auto insurance, but how does your insurance company handle this situation?

First, gather as much information as possible. If you notice the car speeding off, write down the make, model, and license plate number. These details can help police locate the driver and can also help your insurance company decide your claim. If there are witnesses that have stopped to help, ask for their names and contact information so that they can help you verify your claim. Make a note of the time and location in which the accident took place, and take pictures of your vehicle.

If you can eventually identify the driver that hit you, you can obtain their insurance information and file a claim through their insurance. If you or the police are unable to locate the driver, or if the driver is uninsured, you may have to file a claim with your insurance company and seek coverage through uninsured motorist (UM) coverage.

North Carolina law requires that auto insurance policies include uninsured motorist coverage equal to the state minimum liability coverage limits, which are currently $30,000.00 for bodily injuries per person, $60,000.00 for bodily injuries to more than one person, and $25,000 for property damage. Additional uninsured motorist coverage can be purchased from your insurance company.

We recommend that you have $1,000,000.00 of uninsured motorist coverage. This coverage will protect you, anyone riding with you, and any family member who is riding in someone else’s car in the event that the person that caused the wreck has no insurance. You will find that once you buy a little bit of this type of coverage, buying say ten times more will only cost about two or three times (not ten times) as much, so purchasing the additional coverage is not nearly as expensive as you might think. Talk to your insurance agent now, as you should not have to wait for your policy to renew to add this coverage.

If you have been a victim of a hit-and-run, Kelly & West is experienced in handling these cases. Contact us today to see how we can ensure the best possible outcome for your case.

What You Should Know About Insurance Bad Faith

Written by kwmlaw on July 28, 2022. Posted in Kelly & West News.

Your insurance company is legally obligated to deal with you “fairly and in good faith.” When you file insurance claims, such as claims for bodily injury and/or property damage under your auto policy, that good faith obligation is tested. After all, the insurance company’s bottom line and your best interests are at odds. The more claims a company denies and the less it pays o claims it accepts, the more profit it makes. But you’ve paid your premiums and deserve to be fully compensated for your losses up to the limits of your coverage.

Most often, insurance companies investigate and administer claims professionally, deny only those claims they reasonably believe are invalid, and attempt to evaluate and settle valid claims fairly. Sometimes, they get it wrong, even though they have acted fairly and in good faith. When that’s the case, the policyholder can file a breach of contract lawsuit and go to trial to recover the compensation to which he/she is entitled under the policy.

If the insurance company does not act fairly and in good faith, the policyholder has grounds to file an insurance bad faith lawsuit and, if successful, recover not only what is due under the policy but also either punitive or multiple damages. Here is what you should know about bad faith insurance lawsuits in North Carolina.

What Laws Support an Insurance Bad Faith Lawsuit?

In North Carolina, there are two sources of insurance bad faith law, state statutes and common law (court decisions). A policyholder can file an insurance bad faith lawsuit based on either or both, but where the court determines that both apply, the policyholder must elect to recover under one or the other.

Statutory Insurance Bad Faith

Under the North Carolina Unfair and Deceptive Trade Practices Act, a policyholder can recover “treble damages,” three times the amount of any damages caused by the insurance company’s “unfair” or “deceptive” behavior. Such behavior is not limited to, but definitely includes, any of the fourteen “unfair claim settlement practices” defined in a section of North Carolina’s insurance statutes.

Among those unfair claim settlement practices are:

* misrepresenting pertinent facts or policy provisions relating to the coverages at issue,

* failing to acknowledge and act reasonably promptly upon communications with respect to claims,

* refusing to pay a claim without conducting a reasonable investigation of all available information,

* failing to affirm or deny coverage of claims within a reasonable time after proof-of-loss statements are completed,

* forcing the policyholder to resort to litigation without attempting to settle in good faith,

* attempting to settle a claim for less than a reasonable man would have believed he was entitled,

* failing to promptly settle claims under one coverage where liability is reasonably clear (e.g., property damage claims) in order to influence settlement of claims under another coverage (e.g., personal injury claims) and

* failing to promptly and reasonably explain the basis in the policy or applicable law for denial of a claim or the offer of a compromise settlement.

Common Law Insurance Bad Faith

In addition to liability based on those North Carolina statutes, North Carolina courts have held that an insurance company is responsible for bad faith wrongdoing when it refuses to pay policy benefits after receiving and recognizing a valid claim or otherwise acts solely in its own interest, provided, that there must also be some “aggravating” or “outrageous” misconduct by the company that harms the policyholder. Such additional misconduct has been described as including “fraud,” “malice,” “gross negligence,” “willful and wanton conduct,” or “reckless disregard.” Those can be difficult to prove and have to be considered and determined based on the facts in each case.

The theory in the bad faith case decisions is that a judgment awarding the policyholder only what is due under the policy (for breach of contract) does nothing to discourage the insurance company (and other insurers) from engaging in such bad behavior when responding to future claims. Under those circumstances, the court’s judgment may also require that the company pay the policyholder punitive damages that may be much higher than the value of the original claim or the policy limits.

Should You Consider Filing an Insurance Bad Faith Lawsuit?

North Carolina does not recognize a claim for bad faith against someone else’s insurance company. Also, your insurance company may treat you “fairly and in good faith” yet still deny your claim in whole or in part. When it accepts liability, it may still honestly and reasonably disagree with your calculation of your covered losses.

As you should understand, based on this very brief introduction to the applicable law, distinguishing between good faith (though rigorous) and bad faith insurance company conduct is difficult and can only be done on a case-by-case basis. It requires the kind of analysis that can best be done by an experienced attorney.

Our attorneys at Kelly & West have helped hundreds of clients with their insurance claims. If you have filed a claim and feel that your insurance company is ignoring you, unnecessarily delaying its response or otherwise treating you unfairly, you are welcome to contact us at Kelly & West and arrange for a free consultation.

Legal Help at 3 a.m.

Written by kwmlaw on July 13, 2022. Posted in Kelly & West News.

Legal help at 3 a.m.? Sure. With more than 40 years of experience and over 20,000 cases, you can trust Kelly & West to give you good, sound legal advice whenever and wherever you need it.

But if you aren’t ready to talk to us or if it’s after hours, you can still get help on our website. Here, you can find short videos explaining more about us and why you need may need strong legal counsel like us to see you through these situations.

We also offer a blog with the answers to things you care about such as what happens when you want to create a Will or what to do when you are in a car accident — real things that happen to real people in our community.

Want to chat? If you have a legal question at 3 in the morning feel free to try out our 24/7 live chat feature. Our online team can answer most of your general questions.

Fan of social? Follow us on Facebook, Google+, and LinkedIn.

And of course, we’re available the “old-fashioned” way — by phone during business hours: 910-893-8183.

No matter how you want to learn more about your legal questions or talk to someone, we’re happy to hear from you. Contact us today.

Why You Shouldn’t Quit While on Workers’ Compensation

Written by kwmlaw on June 23, 2022. Posted in Kelly & West News.

Returning to work after an on-the-job injury is difficult, not only physically, but mentally. You may still be recovering, and your employer might be making things difficult for you. Quitting your job is tempting — but don’t quit.

If you are still receiving workers’ compensation for your injury, be sure to speak to an attorney before quitting. Taking the right steps during this confusing process will help make sure your benefits continue.

Workers’ Compensation Benefits
There are three basic benefits you are entitled to under workers’ compensation: wage replacement benefits, medical treatment, and permanent disability compensation. These benefits vary based on the state you reside in. (This is why it is extremely important to have an attorney by your side.)

If you decide to resign or quit, you will continue to receive medical benefits according to your doctor’s note, but will give up your right to wage replacement benefits. If you are left partially disabled, your payments may be in jeopardy depending on your state’s law. In extreme cases, where you are permanently disabled, payments will continue to benefit you.

A Better Job
If you have found a job that suits you better, by all means, it’s worth considering. Just be sure to speak to your attorney first to discuss what will happen to your benefits.

Employer Refusal
If your employer denies to pay your benefits after you quit your job or after you file a workers’ compensation case, call an attorney. A qualified practitioner can help you avoid mistakes that could forfeit your benefits.

Taking Action
Talk with your lawyer before taking any actions. Laws and regulations for workers’ compensation are different in North Carolina. Insurance company claim adjusters are not there to notify you of all your benefits. Unfortunately, from their perspective they are trying to finish your case as quickly as they can.

Put yourself in good hands that can handle your case with precision and care. Contact Kelly and West for consultation today at 910-893-8183.

How Should You Deal with Auto Insurance Adjusters After an Accident?

Written by kwmlaw on June 9, 2022. Posted in Kelly & West News.

Suppose your vehicle is involved in an auto accident. Whether or not you were driving, you have an obligation under your insurance policy to promptly report the accident to your auto insurance company within the next 24 hours under many policies. If you fail to do so, the company may resist or attempt to deny any claim you later submit for damages to your vehicle and personal injuries caused by accident, raise your insurance premiums, and even cancel your policy.

After you and the owner(s) of other vehicles in the accident have notified their respective insurers and any of you submits an insurance claim, you can expect to be called by one or more adjusters. You must understand who the adjusters are, for whom they work, what they do, how they do it, and how you should deal with them.

What is an Auto Insurance Adjuster – for Whom do They Work?

An auto insurance adjuster sometimes called a “claims agent” or “claims adjuster,” is a licensed professional who determines and recommends to an auto insurance company how much, if any, it should offer to pay to settle claims for personal injuries and vehicle damage resulting from an auto accident.

An adjuster processes both “first-party claims,” claims submitted by the policyholder(s) to recover for damages to their vehicle and personal injuries, and “third party claims,” claims submitted by another driver or anyone’s passengers to recover for damages to their car and personal injuries for which, they maintain, the policyholder is legally responsible.

An adjuster may be either a “staff adjuster” employed by the insurance company, an “independent adjuster” who works as a contractor with an insurance company on its claims, or a “public adjuster” who contracts with a vehicle owner or someone else injured in an accident to help with their claims against any insurers.

What does an Auto Insurance Adjuster Do?

An auto insurance adjuster’s role is to determine whether a claim submitted under an auto insurance company’s policy is valid and, if so, evaluate how much the claim is worth.

The adjuster focuses and bases their advice to the insurer on the same primary issues an attorney considers when evaluating a legal action by or against a client, including:

how the accident occurred and who was at fault,
what damages resulted to the claimant’s vehicle, and what are the estimated total costs of repairs and
what personal injuries did the claimant sustain in the accident, and what are the resulting medical costs, loss of income, and other damages the claimant incurred.

How does an Auto Insurance Adjuster do Their Job?

To assess each claim, an adjuster investigates the accident and attempts to obtain as much information and relevant evidence. Whenever possible, the adjuster personally examines and takes pictures of damaged vehicles before they are repaired. Like an attorney, an adjuster tries to interview and obtain statements from drivers, passengers, and other witnesses to the accident and gather any available evidence such as copies of police reports, photographs of vehicles taken at the scene of the accident, body shop estimates or bills, medical bills, doctors’ diagnoses and so on.

After assembling and thoroughly analyzing such information and evidence, the adjuster makes their recommendations to the insurance company. If the claim is not valid in their opinion and not covered by the policy, the adjuster recommends that the company denied it.

If the claim is covered, the adjuster recommends that the insurance company offer the claimant as low a dollar amount as they think the company can get the claimant to settle the claim. After all, the adjuster wants what’s best for the insurer’s bottom line, not for the insured or any third-party claimant.

So, How Should You Deal with an Auto Insurance Adjuster?

In two words, “very carefully.”

Insurance adjusters are not your friends, not your advocates, and not working in your best interest; in fact, you should consider that they are much closer to the opposite.

For starters, here are a few of the many things you should watch out for, do and not do:

Take your time and be prepared – have as much information and evidence related to the accident and your losses available as you can: names, addresses, phone numbers, insurance information, and so on of other drivers and any witnesses, copies of any police accident report, pictures from the accident scene of your and the other vehicles and your injuries, body shop estimates, medical bills, etc. If you’re not ready to meet or talk with the adjuster, say so.
Ask for the adjuster’s name and contact information and what insurance company, driver, or passenger they are working with.
Stay calm and deliberate – do not argue, get angry with or take your frustration out on the adjuster.
Stick to the relevant, objective facts about the accident itself – don’t share your opinion as to what caused the accident, who was at fault, how you’re feeling, how serious your injuries are (you are not a medical expert), what you were doing before the accident, where you were going, etc.
Respond, if at all, as briefly as you can and only to the questions you’re asked – don’t volunteer any unnecessary details or any other information or evidence you may have – chances are, it’s as likely to be used against you.
Take notes of any conversations with the adjuster – what they asked, how you answered, etc.
Consult with an Attorney Before you Deal with Auto Insurance Adjusters

Hopefully, you understand a little more now about what auto insurance adjusters do, how significantly they can impact your chances of recovering fair compensation for your injuries and property damage after an accident, and how complicated and time-consuming the process can be.

If you’ve been in an auto accident and would like to discuss it with and consider hiring an attorney to help you with your insurance claims or in any other way, get in contact with us. The experienced attorneys at Kelly & West have dealt with insurance companies and insurance adjusters on behalf of hundreds of clients over our nearly 40 years of practice.

What You Should Know About Premises Liability

Written by kwmlaw on May 26, 2022. Posted in Kelly & West News.

Any person, business, or government body that owns, manages, or otherwise controls property, whether a commercial or residential, public or private, indoor or outdoor location, must exercise reasonable care in managing and maintaining that property. Failure to do so may result in “premises liability.”

What is a “Premises Liability” Case?

A premises liability case is a civil action (a lawsuit) to recover damages (monetary compensation) for personal injuries caused by an unsafe or defective condition on someone else’s property, the “premises.”

The plaintiff in the case is a “lawful visitor” to the premises. They might be a traveler staying in a motel, a shopper in a grocery store or mall, a guest in the home of a friend, a delivery man carrying a package to an upstairs apartment, or a picnicker in a municipal park; basically, anyone who is on the premises other than a trespasser. The defendant is the owner and another person, business, or entity in actual control of the area where the unsafe or defective condition is located.

The unsafe or defective condition can be almost anything. Some common examples are:

Accumulated water or ice
Falling merchandise
Loose carpeting or exposed carpet edges
Defective furniture, appliances, or fixtures
Inadequate lighting or signage
Absence of proper handrails
Uneven steps
Littered or cluttered aisles or walkways
Elevator malfunctions

What Must Plaintiff Prove in a Premises Liability Case?

In a premises liability case, the plaintiff must prove that it is more likely than not that the defendant’s negligence in managing and maintaining the premises was a substantial factor in the plaintiff’s injuries. They attempt to do this by presenting evidence that the defendant knew or should have known about the condition and the risks of damage and then failed to repair or otherwise eliminate it. Or, if such repair or elimination was impossible or would take the defendant some time, the defendant failed to warn the plaintiff and others of the condition adequately.

What are the Defenses in a Premises Liability Case?

The defendant will often attempt to prove that they did not know or have any reason to know about the condition. Or that the situation was, at most, only a “trivial defect” that could not have been reasonably expected to cause injuries to visitors.

The defendant often argues that it was partly the plaintiff’s own “contributory negligence” that caused their injuries. Therefore, under North Carolina law, the plaintiff cannot recover any damages. The alleged contributory negligence might be, for instance, that the condition was “open and obvious,” and no warning was necessary or, similarly, that plaintiff failed to keep a reasonable lookout and could have avoided the condition.

What Types of Damages are Recoverable?

As in an auto accident case or any other personal injury action, a successful plaintiff in a premises liability case can recover monetary compensation for:

Medical bills
Pain and suffering
Emotional distress
Travel and out-of-pocket expenses
Loss of income

Travel and other expenses, medical bills, and loss of income are relatively easy to calculate, and generally, there isn’t much back-and-forth about them. However, calculating damages for pain and suffering and emotional distress is more challenging.

If you or a loved one is injured because of any unsafe or defective condition on anyone else’s property and have any questions regarding a possible premises liability case, contact the attorneys at Kelly & West today.

What Your Insurance Agent May Not Be Telling You About Your Uninsured & Underinsured Motorist Policy

Written by kwmlaw on May 12, 2022. Posted in Kelly & West News.

What happens if you are injured in an auto accident, but the other driver, who caused the accident, doesn’t have enough liability coverage — or any auto insurance— and can’t pay for your injuries? You are not out of luck: your insurance company should help you. When your uninsured/underinsured motorist coverage applies and should help compensate you for your injuries.

What is Uninsured Motorist (UM) Coverage?

An uninsured motorist (UM) policy provides that you and your passengers will receive compensation for injuries caused by a negligent, uninsured driver. It is found to some degree in most U.S. automobile insurance policies. UM, coverage is generally mandated by statute, up to $30,000 per person and $60,000 per accident for any bodily injury or property damage coverage policy. It will pay for your injuries if the other driver is uninsured and legally responsible for the accident.

What is Underinsured Motorist (UIM) Coverage?

An underinsured motorist (UIM) policy provides that a covered person will receive compensation due to an injury caused by a negligent, underinsured driver. UIM coverage will apply and provide additional payment if the responsible driver has liability coverage but not enough to compensate for your bills associated with such injuries.

Why is it important?

In the case of an accident, you and your passengers need to be protected against the negligent motorist. North Carolina requires that all drivers carry uninsured (UM) coverage only and then only up to $30,000 per person, $60,000 per accident. So while you have at least some protection, this is often not nearly enough coverage. We recommend that you have $1 million of UM/UIM coverage on your policy to protect you and anyone riding with you.

What does UM/UIM coverage pay for?

You can benefit from your UM/UIM policy and receive compensation for such things as the following:

Medical bills
Lost wages
Pain and suffering

Who qualifies as a UM/UIM?

The negligent driver may be considered an “uninsured motorist” if they do not have liability coverage or have not been paying their premiums, and therefore, their policy has lapsed. The negligent driver may be considered an “underinsured motorist” if they don’t have enough liability coverage to compensate for your or your passengers’ injuries.

How does your UM/UIM coverage work?

Say you are in an accident and your leg is broken. Your medical bills alone are $40,000, and the driver at fault is an uninsured or underinsured motorist. You will need to file a claim under the UM/UIM section of your policy to receive compensation. Your insurance company will be responsible for paying for your injuries, up to the amount of your UM/UIM coverage. The amount of UM/UIM coverage varies, which means your insurance company may not pay for the whole lump sum. In North Carolina, UM/UIM coverage generally comes in the following amounts, but the amount offered may differ depending on the insurance company providing range:

30/60 – $30,000 per person/ $60,000 per accident
50/100 – $50,000 per person/$100,000 per accident
100/300 – $100,000 per person/$300,000 per accident
250/500 – $250,000 per person/$500,000 per accident
$1 million – $1,000,000 per person or accident

If your policy provides 30/60 coverage in the above scenario, you would only be compensated for $30,000 and left with a debt of $10,000 that you may have to pay yourself. We advise that you carry $1 million of UM/UIM coverage to ensure as much protection as possible for yourself and your family. You will be surprised how little $1 million of UM/UIM coverage costs, especially when compared to the benefit of having this amount of protection should you need it.

If you have questions about what is best for you and your family, do not hesitate to contact us. Being injured and worried about your medical bills and lost wages can be a headache. We may be able to help you receive just compensation from your insurance company or give you advice about what to do next in your case. Call or visit our website today for a free consultation, and let Kelly & West protect you.

What Should You Do if You’re Involved in a Slip, Trip, or Fall Accident?

Written by kwmlaw on April 28, 2022. Posted in Kelly & West News.

What Should You Do if You’re Involved in a Slip, Trip, or Fall Accident?

You’re walking along in the produce aisle of a grocery store, and suddenly, you slip and fall in a puddle of water. Ouch.

Your first impulse may be to feel embarrassed — don’t. Such injuries can be serious — one of the most common reasons people go to the emergency room. According to the National Floor Safety Institute, falls account for more than 8 million trips to hospital emergency rooms per year — the leading cause of visits. Over 1 million of those visits, more than 12%, are for slip, trip, and fall injuries.

More than 16,000 U.S. deaths annually are attributed to falls. In addition, experts estimate that more than 300,000 serious injuries and millions of minor injuries each year are the result of a slip, trip, and fall incidents.

According to the law, people have the right to expect that the conditions of most government property, public places, offices, stores, companies, and private homes will ad

here to basic safety standards. No matter how careful you are, you could walk into a situation in which unsafe conditions make a slip, trip, and fall injury unavoidable.

If you’re injured in a slip, trip, and fall incident, follow these guidelines to protect yourself and your legal rights:

Get medical assistance if needed. If you’ve ever been hurt in a fall, you know that it

can sometimes take weeks to realize the full extent of your injuries. That’s why it’s

important to seek medical attention immediately. Get a thorough examination in the hours just after you fall so that doctors can assess your injuries, some of which may not be apparent at first.

Document the situation and make an official report. Although your priority is medical care, it’s also important to try to preserve evidence at the scene of your fall. Take photos of the scene if possible and ask any available witnesses if they would be willing to provide their account of what happened. If you’re in a public place, ask a manager to help you file an accident report. Most companies keep forms on hand in case anyone is injured on the premises. The report will help you document your side of the story and initiate an official paper trail that may be helpful later.

Protect your legal rights. If you’ve been hurt in a slip, trip, and fall incident, the business at which you were injured may be held accountable for your medical expenses and compensation for lost wages and personal suffering. An experienced personal injury attorney can determine whether you have a valid liability claim and help you understand your legal rights. Get in touch with Kelly & West as soon as you can.

Talk to a lawyer to answer your questions about a slip, trip, or fall accident.

Your Teenager Has Gotten a Ticket. What Should You Do?

Written by kwmlaw on April 14, 2022. Posted in Kelly & West News.

For any North Carolina driver, a ticket for a moving violation, such as speeding, running a red light, or not stopping for a siren, is an expensive mistake. Having to pay hundreds of dollars in fines and court costs is aggravating enough. But the resulting increase in insurance premiums over at least the next three years will likely add up to many times more than that.

In addition to those costs, pleading guilty or being convicted will add points to the driver’s record by the Division of Motor Vehicles. The number of such points accumulated over time may lead to the suspension or revocation of the driver’s license.

Tougher For Teenagers

If your teenage daughter or son has gotten a ticket, the stakes are even higher, both in total costs and the risk of losing driving privileges.

Because 16-19 year-olds are more likely to have accidents than any other age group, the initial cost of auto insurance is higher than for older drivers. As a result, when the insurer adds a percentage surcharge to their premiums based on a moving violation, their insurance costs are increased by more.

A 16 or 17-year-old driving with a North Carolina Provisional License may have that license suspended for any two or more moving violations within 12 months, even though the total points added to their driving record for such violations would not cause suspension of a full license. And any single moving violation may delay their eligibility to obtain full driving privileges once they are 18.

What a Traffic Attorney Can Do to Help

An experienced traffic attorney knows the Judges and the Assistant District Attorneys that will handle your teenager’s case and the police officers involved.

The attorney also knows the system and what can be done to get the charge dismissed or negotiate it to a less severe charge. This can help minimize or eliminate DMV points and the impact on insurance premiums and lessen the chances that your teenager’s license will be suspended or revoked.

So, if your teenager has gotten a ticket for a moving violation, don’t try to go it alone. Contact our team at Kelly & West. In our nearly 40 years of experience, we’ve defended our clients in hundreds of traffic ticket cases involving teenage drivers. We can guide you through the process and help you achieve the best outcome possible.

Red Flags That an Attorney is Not Right for You

Written by kwmlaw on March 24, 2022. Posted in Kelly & West News.

If you’ve been injured and are thinking about filing a lawsuit, you’ll need an attorney. There are more attorneys than ever to pick from, and a good choice may be the most important step you can take toward recovering the compensation you deserve. Here are a few things you should do in considering your options and some red flags along the way that can help you avoid an attorney who’s not right for you.

Do Your Research

All attorneys are required to register with the State Bar, so you can find a compete list of those near you online. The bar’s website also identifies attorneys who have been accused of or disciplined for practicing law incorrectly or unethically. That’s most often a red flag.

You should also visit the attorneys’ and/or firm’s websites and check to see if the attorney has the type of experience you’re looking for. There’s little to stop most attorneys from taking your case, but not all attorneys focus on personal injury law. If personal injury cases aren’t mentioned among the attorney’s areas of practice or, as is often the case, they’re listed as one of what seems like too many different areas, that can be a red flag.

The websites should also tell you how long the attorney and his/her firm have been working in your community. If they’ve been established there for more than a few years, chances are they provide services that their clients find valuable. If they haven’t, it may be a red flag.

Check Your Grapevine

Your family, friends and others you trust have probably worked with a number of local attorneys, including on personal injury cases. Talk with any who have about their experiences.

Ask about the attorney’s work habits. Did the attorney return their phone calls and emails promptly? Were they regularly updated on what was going in their case? Did the attorney seem well prepared for and perform well in meetings with the opposition and court appearances? Criticisms in their responses could be red flags.

Obviously, the most important question to ask is whether they would recommend the attorney for you. If not, why not? If the reason makes sense to you, that’s a red flag.

Be on Alert at Your Consultations

Once you’ve narrowed your list of candidates down to a few finalists, it’s time for the initial consultations. You should meet, one-on-one in their offices, with as many attorneys as you feel is necessary to help you make your decision. A consultation doesn’t obligate you to hire the attorney or obligate the attorney to accept your case, but it is definitely an occasion to be on alert for red flags.

Look at the attorney’s office. A clean desk suggests that everything is in order, which is vital in preparing a case. It’s likely a sign that the attorney keeps up with the work and is not allowing the paperwork to fall behind, a good indication that he or she will keep up with your case as well. If that’s not what you see, it may be a red flag.

Be prepared, and don’t be afraid to ask questions. How much of the attorney’s firm’s business comes from referrals from other attorneys and previous clients? How many cases like yours has the attorney had, and how did those cases work out? How often will you hear from the attorney about the progress in your case? How will you be billed for the attorney’s services and any extra costs or fees? If the attorney uses legal terms or says anything else that you don’t understand, ask for an explanation.

There may, of course, be red flags in the attorney’s reactions and responses to your questions as well as in questions the attorney asks you. Apart from any of those, however, there are a few essential attributes you want to be as convinced of as possible by your consultation. You want to know that the attorney is:

A trustworthy professional
A good communicator – a strong speaker and a good listener;
Interested in your case and committed to doing what’s best for you; and
Someone you can work with comfortably.

If you come away with any doubts about those, it’s a bright red flag.

If you’re looking for experienced personal injury attorneys who strongly value their clients, contact our team at Kelly & West. Having served the Lillington community for nearly 40 years, we are confident that our attorneys can offer you the best legal assistance.

Legal Terms: A Personal Injury Glossary

Written by kwmlaw on March 10, 2022. Posted in Kelly & West News.

Legal terms can be confusing, especially when you’re in the middle of a personal injury case. You shouldn’t have to go to law school to know what we are talking about, so we created your very own Personal Injury (PI) Glossary. This list should help you get familiar with some words you may hear during your PI case. For more general legal terms, read 7 Common Legal Terms Explained.

Accident Report – A detailed, formal recording of an event documented from the scene of an accident by an authority figure, such as a police officer.

Alternative Dispute Resolution – The use of methods other than litigation to resolve a legal dispute, such as arbitration and mediation. See arbitration and mediation.

Arbitration – The hearing and settlement of a legal dispute by a neutral third-party whose decision will usually be final.

Assignment of Benefits – A transfer of benefits provided by an insurance policy to a party other than the insured.

Assumption of Risk – When a person voluntarily and knowingly exposes himself or herself to the possibility of injury.

Bodily Injury – Any damage to a person’s body, i.e. broken bones, bruises, burns, cuts, nerve damage, etc.

Burden of Proof – The plaintiff’s obligation to prove that his or her allegations are true.

Causation – The act of making something happen.

Claim – A civil action relating to the physical or mental harm suffered by the plaintiff due to the negligence of the defendant.

Compensation – Something that makes up for a loss, usually of monetary value.

Damages – Payment recovered in a case for injuries or losses caused by another person’s negligence.

Duty – An obligation to use the standard of care for the safety of others that a reasonable person in the same circumstances would use.

Expert Witness – A person who is allowed to testify at a trial because of special knowledge in a particular field that is relevant to the case.

Fault – An intentional or negligent failure to act reasonably, according to law, or according to duty.

Fraud – A blatantly false statement of fact intended to persuade another person to give up something valuable or a legal right to which he or she is entitled.

Good Faith – Honest intent to fulfill a promise to act or to act without taking an unfair advantage of another person.

Gross Negligence – A conscious disregard of the need to use reasonable care, which is likely to cause foreseeable injury or harm to persons, property, or both.

Hazard – A condition that increases the probability of damage or injury.

Insured – The individual covered by insurance.

Insurer – The company that provides coverage through an insurance policy.

Liability – An obligation one is legally bound to perform.

Limitation of Risk – The maximum amount an insurer is obligated to pay in any one loss event.

Loss – The monetary value assigned to an injury or damage in a personal injury claim.

Mediation – A non-binding method of resolving a case in which a neutral third party, agreed upon by both parties, attempts to help them reach a mutually agreeable settlement.

Negotiation – To arrange or settle by discussion and mutual agreement.

Notice to Insurer – A written notice to an insurance company about an incident upon which a claim is based.

Occupational Disease – An illness caused by long-term employment in a particular line of work.

Personal Injury – The area of law which covers all physical, financial, and emotional injuries caused by another’s negligence. For more information on PI, read How To Handle A Personal Injury Claim.

Prognosis – The anticipated chance of recovering from an injury, based upon the symptoms and nature of the particular case.

Proximate Cause – The primary reason why an injury or damage occurred and without which the accident would not have happened.

Statute of Limitations – A law that determines the period of time that someone has to file a legal action, usually beginning when the injury or damage occurs.

Strict Liability – A legal doctrine that holds a defendant liable for harm caused by their actions regardless of their level of care.

Tort – A civil or private wrong committed against a person or property that results in legal liability.

Underinsured Motorist Coverage (UM) – An auto insurance policy provision that extends coverage to injuries and property damage caused by a motorist without enough insurance coverage.

Uninsured Motorist Coverage (UIM) – An addition to a standard auto insurance policy that provides coverage in the event the other driver is both at fault for the accident and is not insured. For more information on UM and UIM, read What Your Insurance Agent May Not Be Telling You About Your UM/UIM Policy.

Workers’ Compensation – Employer insurance providing medical coverage as well as compensation to employees for economic losses due to a job-related injury or illness. For more information on workers’ comp, read How Do I Get Workers’ Compensation?

Wrongful Death – A claim made on behalf of the survivors or beneficiaries of a person who has died as the result of wrongful conduct, either negligent or intentional.

If you have any more questions regarding personal injury claims or any other legal work, contact the attorneys at Kelly & West today.

7 Common Legal Terms Explained

Written by kwmlaw on February 24, 2022. Posted in Kelly & West News.

7 Common Legal Terms Explained

People say lawyers have their own language. While we use this language every day, our clients are often unfamiliar with the terms and are hearing them first. If you have a court case, here are some terms you may hear.

Plaintiff – The Plaintiff is the person who files a lawsuit. Another way to think about it is that the plaintiff is the person who claims that they were wronged and seeks to recover damages from the defendant.

Defendant – The Defendant is the person being sued. Although the defendant can bring claims against the plaintiff in the same case, called counterclaims, we generally think of the defendant as the person who is being accused of wrongdoing and must defend themself.

Statute of Limitations – The term Statute of Limitations refers to the period during which the person can file a lawsuit. These periods vary by type of case as well as by state.

Liability – Liability refers to the defendant’s legal responsibility for damages. For example, in a personal injury lawsuit, the ultimate issue is whether the defendant is liable for the injuries and damages suffered by the plaintiff.

Damages – Damages mean the amount of money that a plaintiff recovers in a lawsuit. This is categorized in several ways: financial damages (e.g., lost wages, lost profit, medical costs, etc.) and non-financial damages (e.g., emotional distress, pain and suffering, permanent disability). Regardless of categories, consider damages as what could be recovered financially in a lawsuit.

Credibility – Credibility is another way of saying that a person is believable — appears honest and trustworthy when telling their side of the story. The credibility of witnesses is a central focus in almost every lawsuit imaginable. This is particularly true when two sides tell two very different stories. A judge or jury must choose which version to believe.

Structured Settlements – Structured settlements are used to resolve personal injury claims and some other types of claims. They work by taking the money that would otherwise be paid in a lump sum to the plaintiff and investing it so that there is a consistent stream of payments over a set period.

If you need help filing a lawsuit or require legal counsel, give Kelly and West Attorneys a call. With over 30 years of experience, our team of highly knowledgeable attorneys has the tools you need to win!

What Is Med Pay And How Does It Work?

Written by kwmlaw on February 10, 2022. Posted in Kelly & West News.

Med Pay, or medical payments insurance, is a type of coverage available from most North Carolina auto insurers. If you have Med Pay coverage, it will help pay your medical expenses and those of any passengers in your vehicle in the case of an auto accident, no matter who is at fault.

If you are not at fault in the accident, then you may be compensated by the responsible party as well, which compensation includes medical bills, pain, suffering, and lost wages. In North Carolina, you can still claim your Med Pay insurance after being compensated by the person at fault.

If you are injured while riding in a vehicle covered by Med Pay, you might be eligible to collect from that insurance policy. If the vehicle is owned by someone who does not have Med Pay coverage, then you may collect on your own policy.

Should You Have Med Pay Coverage? How Much?

While Med Pay is not mandatory, it is worthwhile coverage to include in your auto insurance policy. If you are a business owner, Med Pay should definitely be part of your policy, because it protects your employees as well.

You may have Med Pay insurance and not realize it. Most North Carolina auto insurance policies include Med Pay coverage. If you are not sure, contact your insurance agent to find out.

It is also important to consider how much Med Pay your policy will cover in the event of an accident. Many policies cover up to only $1,000, $2,000 or $5,000 per person. Additional Med Pay coverage is reasonably priced, and the costs of medical care can be considerable. We recommend that you purchase at least $25,000 of Med Pay coverage.

Our Plan

Kelly & West routinely handle Med Pay insurance claims for our clients. We even negotiate with multiple insurance policyholders. If you or someone else you care for has been injured in an auto-related accident, contact us right away, especially if you are unsure if you have Med Pay coverage. There can be complications when making claims with insurance companies, so let the professional personal injury attorneys at Kelly & West do the hard work.

How to Choose a Real Estate Lawyer

Written by kwmlaw on January 27, 2022. Posted in Kelly & West News.

Buying or selling your home? Whether you’re buying your first home or fifth home or selling a home, the process can have an emotional as well as a financial impact. Whether you are the buyer or the seller, the knowledge and experience of an experienced real estate lawyer can be extremely helpful when it comes time to close.

The decision to hire a real estate lawyer is particular to each individual situation. Just because you consult with a real estate attorney doesn’t mean you have to hire one but you should consider contacting an experienced attorney to make sure that you are protected. The attorney answer your questions and will know what questions to ask to make sure you avoid traps and pitfalls along the way so that the closing process proceeds as smoothly as possible and so there are as few delays as possible.

Benefits to Hiring an Attorney

Many real estate agents are happy to recommend a real estate attorney for you, but it’s often better to choose your own so that you can be confident in the advice of the attorney and in the assistance the attorney provides.

Your real estate lawyer will help you in several important ways, such as by:

Reviewing the closing documents prior to closing to help insure that they are fair to you;
Making sure that all parties have everything each needs prior to closing in order to close on the date chosen;
Answering the questions that will arise during the buying or selling process; and
Being there during all negotiations and guiding you toward the most practical decisions to protect you from any less than fair treatment by any other party.
If you are a buyer in N.C. you need to have a title search done even for a cash closing. The buyer must have an attorney if a loan is involved to certify a clean title to the lender and title insurance company.

The most important thing to remember before you begin your hunt for an experienced real estate attorney is this: your attorney is YOUR advocate and they will stand up for your rights and protect your assets.

If you have questions about the buying or selling process and would like to speak to an experienced and caring attorney, please contact us and let us protect you.

Prayer for Judgement in North Carolina

Written by kwmlaw on January 17, 2022. Posted in Kelly & West News.

If you’ve ever been in a North Carolina court, you may have heard of something called a Prayer for Judgment Continued (PJC). When a PJC is granted by the judge, it is a small act of “mercy” from a conviction and resulting fines, but it is not a release without any possible adverse effects.

What is a Prayer for Judgement?

A PJC can be used by a North Carolina resident to reduce the impacts of a traffic violation. Essentially, when a defendant driver uses a PJC, it means that he or she pleads guilty, with the understanding that the conviction is not considered “final” but is continued until an undetermined time. This can be a “win” situation for the driver; however, there are restrictions and consequences to take into consideration when using a PJC.

When Can You Use a Prayer for Judgement?

A PJC can be used when trying to avoid points being added to your driving record or insurance record and sometimes to keep a “moving violation” plea from revoking your driver’s license. It is typically used when a driver does not have a viable defense but wants to avoid some of the consequences of the charges. However, if you have to pay a fine in addition to court costs the PJC has no effect and is treated as a conviction.

In North Carolina, the DMV can recognize two PJCs within five years without any points being added to your driving record. Although you are not convicted of the crime, it will still appear on your criminal history, and most employers treat a PJC as a conviction.

Insurance companies will allow one PJC every three years per household (all drivers on the same insurance policy) without any increase in premiums.

When Can’t You Use a PJC?

A PJC cannot be used for any charge against a driver with a commercial license or by any driver charged with DWI, passing a stopped school bus, or speeding in excess of 25 mph over the speed limit.

Additionally, if you are granted a third PJC within your five-year time frame, DMV will not consider the PJC and it will be a plea of guilty.

Is a PJC right for you?

Because of the limitations and possible consequences of a PJC, you should consult with an attorney before deciding whether it’s your best action. It may be wise not to use all of your PJCs within the given time frame or to use in a case where no PJC was needed. In most cases, an attorney can negotiate your traffic ticket to a lesser plea even when using a PJC.

Contact us if you would like a free consultation regarding your traffic case.

What Is Pain and Suffering in a Personal Injury Case?

Written by kwmlaw on December 30, 2021. Posted in Kelly & West News.

If you’re injured in a car accident, chances are the insurance companies involved will try to get you to settle for an amount of money. All you want is peace and recovery after such an ordeal; so you accept their offer.

However, over time you find yourself consulting and receiving treatment with doctors and specialists, still in pain from injuries you suffered long after the accident. You cannot work because of your long-term injuries, forcing you into a financial pitfall between covering the costs of living and the medical bills that are piling up.

This is why speaking to an attorney well versed in personal injury cases is essential. Having peace of mind knowing that someone is looking out for your best interest will ease the burdens of pain and suffering.

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Pain and Suffering Defined

The Legal Information Institute (LII) defines pain and suffering as physical discomfort and emotional distress compensating for noneconomic damages. It refers to the pain, discomfort, anguish, inconvenience, and emotional trauma accompanying an injury. Bearing that in mind, it is imperative to understand the types of damages and what damages are legal, beginning with what damages are. Some examples of damages that frequent a personal injury case include:

Medical Bills
Pain and Suffering
Emotional Distress
Travel/Out-of-pocket expenses
Loss of work/income

These examples fit under three distinct categories of personal injury listed below:

Compensatory – Compensation/money personally received for involvement in or injury resulting from an accident caused by negligence (legally defined as a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances). Even if another person caused the accident, the negligent party pays damages.
Nominal – Most often received when the plaintiff has proven to have suffered minimal harm due to another person. While you may receive minimal compensation for such damages, courts will have a record that misconduct occurred despite the lack of serious injury, illness, or economic loss due to harm.
Punitive – Frequently received when a plaintiff received severe injury or illness due to malicious or negligent behavior intentionally caused by the defendant. The amount awarded by the court may vary on a case-by-case basis.

At Kelly & West we can help you understand your rights to compensation if you’re injured in an accident. Whether it’s an auto accident or an accident on the job, we have nearly 40 years of experience to help. Contact us for a free consultation.

How Can I Get My Driving Record Points Reduced?

Written by kwmlaw on December 2, 2021. Posted in Kelly & West News.

You may think that getting a speeding ticket or violating a traffic law isn’t a big deal, but it is! You receive driver’s license points for violating these laws that are considered a “moving violation.” Your points can add up and result in major consequences for your driving privileges including revocation. Here is how the system works:

Driving Points
The North Carolina DMV keeps track of your traffic violations. Your driving record will accumulate points based on a scale of previous traffic offenses and the severity of your violation. Wondering which offenses rack up your points? You will receive driving record points for the following (but not limited to):

Speeding
Illegal passing
Running red lights
Reckless driving
Following too closely
Any violation that is classified as a “moving violation”

You should consult with an experienced traffic law attorney such as those at Kelly and West before pleading to any traffic violation. The best way to reduce points to begin with.

If you are in the habit of receiving multiple points for traffic violations, you should know that 12 points within a period of 3 years will result in a driver’s license suspension. Also certain combinations of convictions result in suspension even without the 12 point accumulation, i.e., two speeding tickets in excess of 55 mph in one year. An experienced traffic law attorney knows what these combinations are and their effect. Once your license is reinstated, only 8 points are required for another suspension.

How to Reduce Points
Although the system is fairly complicated, there are ways of getting your points reduced. Acquiring 7 points on your record will result in optional defensive driving courses. You can instead take these courses voluntarily before you reach that point. The course completion will remove 3 points but you must have a conference NCDMV hearing officer to see if you qualify.

Take the Correct Course
In North Carolina, there are two different kinds of courses. There is a 4-hour course and an 8-hour course. The amount of hours is dependent on your violation. Check with us, contact the course provider directly, or go to the NCDMV website to make sure you are signed up for the course that is going to be most beneficial to your situation.

What will you learn in these courses?
The general curriculum of defensive driving courses include:

Motivation behind effective driving skills
Driver improvement training
Updated NC traffic laws and point system
The latest research about drug impairment and its effect on your driving
How to embrace a safer style of commuting

Again, the best way to keep your points down is to get advice before you enter any plea, and Kelly and West can give you that advice. We want to make sure you are making the best decision for your future and driving record.

The Legal Terminology You Can Expect To Hear In Court

Written by kwmlaw on November 12, 2021. Posted in Kelly & West News.

Going to court can be a nerve-wracking experience, especially if you’re a first-timer. The courtroom is full of legal jargon, and if you don’t know what people are saying it can make it that much more stressful. It’s important that you can keep up with everything as it happens, whether it’s a conversation between you and your lawyer, your lawyer and the judge, or the opposing counsel and the judge. Here are some commonly confused terms you should know:

Defendant vs. Plaintiff

Many aspects of a legal proceeding vary on a case-by-case basis, but one thing you can be sure of is that there will always be a plaintiff and a defendant. The plaintiff is the person (or business) who brings the case to court. In other words, they file the complaint. The defendant is defending themselves against the plaintiff. They are the ones being charged.

Discovery vs. Deposition

Discovery refers to the time before the trial where both sides work to prepare for the trial by obtaining evidence. Depositions also occur pretrial, typically as part of the discovery period. It is an out-of-court oral testimony that either the plaintiff or defendant gives under oath. It allows both sides to get a better understanding of what is going to happen during the trial.

Felony vs. Misdemeanor

These are two very common terms in a criminal courtroom, and your attorney will likely use them before the trial as well. Both terms refer to the severity of a crime. A felony is a more serious offense that carries a harsher punishment, and typically involves more than one year of jail time (think: arson, assault, and fraud). A misdemeanor is a less severe offense that is punishable by less than a year in prison and/or a fine. Misdemeanors include DUIs or perjury. You’ll likely hear these words during sentencing and, depending on the circumstances of your case, your attorney may fight to have your charges decreased as part of your representation.

Direct Examination vs. Cross-Examination

Direct examination is when a witness is on the stand testifying and answering questions from the party who called them to the stand, for example, the plaintiff’s counsel questioning the plaintiff directly. The cross-examination then happens, which is when the other side has the chance to ask the witness question (this would be the defendant’s counsel questioning the plaintiff).

Objection vs. Sustained

These terms are used during the examination of witnesses. An attorney will say “objection” if they have an issue with the question the opposing side is asking. In turn, the judge will either sustain or overrule that objection. If sustained, the attorney must rephrase or ask a different question. If overruled, the judge disagrees with the objection and the attorney can continue their line of questioning.

Of course, your lawyer should be there every step of the way to help. Contact us today.

Honesty and the Law: Why Honesty is So Important in the Attorney-Client Relationship

Written by kwmlaw on October 28, 2021. Posted in Kelly & West News.

Most would argue that in any relationship, honesty is very important. The attorney-client relationship is no different. You must feel like your attorney is being honest with you and in return be completely honest with them.

Find an honest attorney

People have a misconception that lawyers are sneaky and dishonest. This could be because only the bad lawyers are talked about in the news or on TV, but this couldn’t be further from the truth. Sure, there are shady lawyers, but there are plenty of truthful lawyers that will work honestly with you to help settle your case. For your attorney-client relationship to work, you must trust who you are working with. The best way to do this is to talk to other clients, read testimonials, and don’t settle on the first lawyer you talk to. If you don’t feel comfortable, look for someone else.

Be honest with your attorney

Being honest with your attorney is crucial to your case. Because of attorney-client privilege, anything you say to your attorney will stay between the two of you. Some things might be hard to admit to yourself, let alone someone else, but being dishonest with your lawyer will not only hurt you but also them.

Most of the time, your attorney will know some of the questions that the opposing lawyer is going to ask and needs to know how you’re going to answer them. If you don’t tell him truthfully, then the opposing counsel might bring something up that blindsides them at trial. If that happens, not only will it hurt your case, but you likely won’t have a great relationship with your lawyer moving forward.

Communication

Honesty in the attorney-client relationship hinges on good communication. Communication is another very important aspect of this relationship. If your lawyer reaches out to you, it’s important that you get back to them as soon as possible. If you can’t get them what they need right away, at least call to tell them you got the message and you’re working on it. This will ensure that no one’s time is wasted, and the relationship will be better for it.

You should be able to trust the attorney taking care of your case. We take honesty in our attorney-client relationships very seriously. If you need a great lawyer, contact us today!

Everything You Need to Know About Paralegals

Written by kwmlaw on October 14, 2021. Posted in Kelly & West News.

Attorneys need a lot of help when preparing cases and resolving a variety of people’s needs. There is a lot of research, organizing, and behind-the-scenes activities that go into the work we do. We wouldn’t be able to do it without the help of paralegals. But a lot of people wonder, what exactly is a paralegal?

What is a paralegal?

The American Bar Association defines a paralegal as “A person qualified by education, training or work experience who is employed or retained by a lawyer, law office, corporation, governmental agency or other entity and who performs specifically delegated substantive legal work for which a lawyer is responsible.”

In general, paralegals are responsible for organizing, evaluating, analyzing, and communicating legal concepts. All of these tasks are done under the direct supervision of attorneys. If you are thinking about becoming a paralegal, make sure you check your state regulations.

How to Become a Paralegal in NC

The North Carolina State Bar created the Plan for Paralegal Certification in order to help sustain the industry of paralegals in North Carolina through certifications. The certification process includes meeting certain educational standards and passing exams made by the NCSB. After being certified, they will receive one of the following titles:

NC Certified Paralegal
NCSB Certified Paralegal
Paralegal Certified by the NCSB Board of Paralegal Certification

Educational requirements include an associate, bachelor’s, or master’s degree in paralegal studies. Other law school degrees qualify such as a Juris Doctorate degree. The certification process can’t begin without an educational background.

It is legal to work in North Carolina as a paralegal without having the certification, but the certification is highly recommended. Many paralegals find that having a certification helps them be competitive while searching for a job.

What does a paralegal do?

The daily work of a paralegal can vary depending on the attorney’s office of which they are employed. The majority of paralegals spend most of their time doing the following:

Case planning and development
Scheduling deadlines
Drafting/filing documents
Fact-checking
Researching and analyzing
Contacting clients

The daily routine of paralegals is not limited to this list. Attorneys may hire paralegals to do much more including locating witnesses, assistance in trials, and case management.

What we do wouldn’t be possible without the help of paralegals, and we thank our team for their hard work!

Contact the Kelly & West team today.

How Are Damages Assessed in a Personal Injury Case?

Written by kwmlaw on September 23, 2021. Posted in Kelly & West News.

Being involved in a personal injury case can be time-consuming, stressful, and overwhelming. But, you’re not alone. Kelly & West’s personal injury attorneys are here to help you through your case and provide above and beyond legal support.

The goal of pursuing a personal injury case is to receive compensation for your injury, which we call damages. You’re probably wondering how exactly these damages are assessed, especially those that are less concrete, like pain and suffering. In this post, we are going to break down how damages are assessed in a personal injury case to give you a better idea of where the compensation you might receive in your case comes from.

What are Damages?

As we mentioned earlier, damages are the legal term for compensation in a personal injury case. To put it more simply, the damages you win are the amount of money you’ll receive once the case is settled in court.

But calculating damages is often far from simple. In any given case they can cover a myriad of costs beyond injury/ medical bills. Here are some of the most common damages we see covered in a personal injury case:

Medical bills
Pain and suffering
Emotional distress
Tavel and out-of-pocket expenses
Loss of work/ income

Travel expenses, medical bills, and loss of income are fairly easy to calculate and generally there isn’t much back-and-forth about these items. However, calculating damages for pain and suffering and emotional distress is much more challenging. Insurance companies employ various strategies for calculating damages and juries are often divided on the issue of how much to award for pain and suffering, especially in non-catastrophic cases.

The 3 Types of Damages

You should also be aware that there are three distinct types of damages in a personal injury case. They each serve a different purpose and the examples of damages we mentioned earlier each fit under one of the three categories.

Compensatory Damages

By definition, compensatory damages are the compensation or money you’ll personally receive for involvement in an injury or accident that was caused by the negligence of another person. Even though the injury may have happened by accident, the negligent person still has to pay. In order to prove that the defendant (the person that is responsible) is responsible for paying these damages, your attorney will need to prove that your duty of care was breached, and that breach caused injury or illness to you. And, as a result of the injury or illness, you now have economic (out-of-pocket) and/or non-economic (pain and suffering, etc.) losses.

Nominal Damages

Nominal damages are frequently received in situations where the plaintiff has proven to have suffered harm due to another person. However, the harm is minimal and you won’t receive more than a few dollars. What’s the point? The courts will now have a record that misconduct did occur, even if it didn’t result in a serious injury, illness, or economic loss.

Punitive Damages

The final type of damages is punitive damages. It is typically used in cases where the defendant was intentionally malicious or negligent and that behavior resulted in a serious injury or illness. The amount that punitive damages end up being is different in every case and is at the discretion of the court. Punitive damages are often used to deter the defendant from repeating the harmful behavior.

If you’ve been in an accident, seek professional legal help to ensure you recover all of the damages you are owed. Have questions about a potential personal injury case? The Kelly & West team is always here to talk.

Legal Question: What is Negligence?

Written by kwmlaw on September 9, 2021. Posted in Kelly & West News.

When faced with a situation where you believe that you or a loved one has been a victim of negligence, you might be left with a lot of questions. Maybe it’s unclear if your outcome was caused by chance or negligence. You might wonder what exactly the term “negligence” means and what specific behaviors might constitute grounds for a lawsuit. If you feel that negligence could have resulted in a negative, life-altering result for you or a loved one, we have answers to some of the questions you might have about filing a lawsuit.

What is Negligence?

Negligence refers to a person’s failure to follow a duty of conduct imposed by law. Every person is under an obligation to use ordinary care to protect himself and others from injury. “Ordinary care” means a degree of care which a reasonable and prudent person would use under the same or similar circumstances to protect himself and others from injury. A person’s failure to use ordinary care is considered negligence. For more on

What Constitutes Negligence?

Four elements must be present in a negligence case. First, the defendant must have owed a legal duty to the plaintiff. For example, an operator of a motor vehicle has the duty to use reasonable care in the operation of the motor vehicle and to obey all laws dealing with the operation of a motor vehicle. Secondly, there must be a breach of this legal duty. Thirdly, this breach of legal duty must cause the plaintiff to suffer an injury or suffer damage. Finally, there must be proof that the defendant’s breach of legal duty was a direct cause of the plaintiff’s injury or damage.

What is Considered an Injury?

The injury component is a major part of proving negligence, so what exactly is considered an injury or damage? Bodily harm is a common outcome of negligence, but it is not the only thing that may be considered in a case. Even if you are not physically harmed, emotional harm might be taken into consideration if it was intentionally caused. In addition to bodily harm, property damage and economic damages such as loss of income will also constitute damages compensable by law.

If you believe that you or a loved one have been a victim of negligence, contact the law offices of Kelly & West to find out more.

Do I Need a Lawyer for a DWI Charge in North Carolina?

Written by kwmlaw on August 26, 2021. Posted in Kelly & West News.

If you’ve been charged with a DWI in the state of North Carolina, you’re probably anxious to learn the next steps. You have the right to represent yourself in court but the truth is, the penalties for a DWI charge are pretty harsh. To put it simply, yes, you should always speak to a lawyer when charged with a DWI. Let’s go over the reasons why you’ll need an attorney for a DWI charge and how we can help you make the process go smoothly.

Should I Speak to an Attorney?

It’s always worth speaking to a lawyer to help you understand your charges and the penalties you are facing. Your attorney can help find possible defenses whereby you may not be found guilty, and/or lessen your penalties. Meaning, even if you are found guilty, your lawyer can present mitigatory factors to get you the lowest sentencing level possible.

A DWI conviction, even your first one will result in the suspension of your drivers’ license. Your attorney will present the documentation required to obtain a liberal limited driving privilege, and guide you through that process.

How Much Will it Cost?

Attorneys’ pricing varies from practice to practice and by region, and you can usually find one that will offer you a free consultation or one that involves only a small fee. Paying for your attorney may result in a not guilty verdict or a lesser charge conviction and should give you peace of mind. If you aren’t certain that you’ll be able to afford an attorney for your DWI, many practices offer payment plans where you are able to pay it off over time. Speak to your attorney about pricing and payment options during the consultation.

What Happens?

As we mentioned earlier, consequences for your DWI will be different depending on if it’s your first offense, where you live, and who you hire as your attorney. Hiring an attorney that is experienced in DWIs in your state is your best bet at getting lower-level penalties for your charge. But even with a top-notch attorney, you could still face harsh consequences. In North Carolina, DWI misdemeanor charges range from Level V to Level I, with Level I being the harshest. A Level I DWI can be punishable with a fine of up to $4000 and a minimum jail sentence of 30 days and a maximum of 2 years. For those with 3 prior DWI convictions in the past 7 years, a new one results in a more severe felony.

If you’ve been charged with a DWI in North Carolina, speak to our team of experienced lawyers at Kelly & West. We are here to help you through this tough process.

How Do I Get Workers’ Compensation?

Written by kwmlaw on August 12, 2021. Posted in Kelly & West News.

Being injured on the job can cause pain beyond physical harm. You are out of work, losing money, and have medical bills piling up. So what do you do? You may want to consider filing a claim for workers’ compensation. If you qualify, you may receive compensation for lost wages and any related medical bills. Here are a few things you need to know about these benefits.

What is Workers’ Compensation?

Workers’ compensation, or workers’ comp, is an insurance program that provides compensation for employees who are injured by accident while doing the tasks required of them by their employer. It is a no-fault remedy, meaning the employee is not required to prove fault to receive benefits. Workers’ compensation covers almost any injury caused by doing your job. However, it is important to keep in mind that workers’ compensation does not cover pre-existing injuries unless the injury was aggravated or made worse due to the employment.

Do I Qualify?

To be eligible for workers’ compensation, you must be an employee. Contractors are not eligible. You must also work for an employer that has workers’ compensation insurance. Not all employers are required to carry insurance. Finally, your injury/disease must be work-related.

Injuries covered under workers’ compensation include:

Physical injury on the job, including exposure to toxins and repetitive-motion injuries such as carpal tunnel
Pre-existing injuries that are made worse by work-related activities
Injuries caused while on break, on work-sponsored trips, or at work-sponsored events
Injuries from mental or physical stress brought on by work duties

Injuries not covered under workers’ compensation:

Self-inflicted injuries
Injuries encountered while violating company policy
Injuries encountered while violating the law
Injuries encountered while not on the job

How do I Get Workers’ Compensation?

To qualify, your on-the-job injury must have occured while you were carrying on the company’s business. If you are injured or sick at work, get medical attention immediately and inform your employer of your situation. To file a claim, you will want to gather information including what caused the injury, where it happened (if applicable), any witnesses (if applicable), and your doctor’s information. After informing your employer, he or she should give you a claim form to fill out or you can find the form and instructions by clicking here. You will then submit the form to your employer, and file it with the North Carolina Industrial Commission, as indicated on the form. Your employer (and their insurance company) then has 30 days to admit or deny your claim and should send you a written notice of this admission or denial.

What Benefits Am I Entitled To?

The policy pays for medical bills related to your injury and compensation for your lost wages up to a certain amount. You may also receive payment for permanent injuries (disability) and payment for rehabilitation services, if applicable.

When To Contact an Attorney

While many employers will not dispute your injury, if you are hurt at work, contact an attorney as soon as possible. He or she can help make sure your claim is submitted correctly and will prepare in case your employer wants to deny the application.

If you would like to talk with an experienced and caring workers’ compensation attorney, please contact us.

How Do I Pay Medical Expenses During a Personal Injury Case?

Written by kwmlaw on July 22, 2021. Posted in Kelly & West News.

If you’ve been involved in an accident that was not your fault, you are a strong candidate to file a personal injury case to receive proper compensation. Personal injury lawyers not only help people with workers’ compensation claims but insurance claims as well. And making a simple mistake could cost you time and money that you don’t necessarily have.

Personal injury cases can take months, and sometimes years. Your first concern might be how you can pay your medical bills until your case is resolved. Fortunately, you have options.

Insurance

For those of you with insurance, some policies offer medical payment coverage that may apply to you. However, every insurance policy is different so it is important to investigate thoroughly. As personal injury attorneys, it’s our job to guide you through this process and determine if your insurance policy offers the coverage you need.

Should I File a Claim?

Generally, it is a good idea to file for Medical Payments Coverage, especially since this is a coverage that you or someone else pays to have. However, it has become increasingly difficult to file for medical payments coverage and the insurance companies often require very specific documentation. Also, often insurance companies want to pay your medical expenses versus paying the money to you. Having an experienced attorney can help with this process and help ensure that you collect as much of the money as you can.

How Should I Pay for Medical Expenses?

Of course, the reasoning for filing a personal injury claim is to receive compensation for injury and medical bills. In an ideal world, you’ll be able to pay for your bills until you receive compensation. But we know that isn’t the case for everyone and often medical providers don’t get paid until you get paid. Even so, one option for payment is to file your health insurance and then let the health insurance company pay for those expenses; however, doing this may decrease the value of your claim so it is important that you consult an experienced attorney to discuss your options.

If you think you may need to file a personal injury claim, talk to us. Our experienced attorneys are here to guide you in the process and help you through every step of the way.

Fireworks: What’s Legal In North Carolina

Written by kwmlaw on July 8, 2021. Posted in Kelly & West News.

Summertime in North Carolina means cookouts, swimming, and fireworks. Watching the bursts of color in the night sky is a family favorite, but not everyone is clear on what is and isn’t legal. People travel to visit loved ones from near and far, sometimes crossing state borders. With so many fireworks on sale near those borders, it’s important to know what’s legal here in North Carolina before lighting a fuse.

North Carolina’s Fireworks Rules

Illegal: Firecrackers, ground spinners, bottle rockets, Roman candles, and aerial fireworks (as a rule of thumb, any firework that explodes or physically leaves the ground)

Legal: Wire sparklers, snake and glow worms, smoke devices consisting of a tube or sphere that produce white or colored smoke, and trick noisemakers (including party poppers, string poppers, and snappers)

Age Restrictions: You must be 16 years of age or older to buy or use fireworks in North Carolina.

Penalties: Illegally using fireworks can be punishable by up to a $500 fine and up to six months of imprisonment.

Border States

The fireworks that are illegal in North Carolina are legal to use in both Georgia and South Carolina. But it is important to note that if you buy the fireworks in another state where they are legal and bring them into North Carolina, the fireworks are still illegal and you will face punishment for their use.

Legal Action

Many fireworks injuries are caused by negligence. If you are injured by fireworks while watching a display put on by an organization, get medical attention first, then contact a personal injury lawyer. We also recommend contacting a lawyer if you are injured by fireworks you are using at home or while working. If the fireworks are illegal and you are hurt, you might still be entitled to help.

Safety First

Even fireworks deemed legal in North Carolina can cause injuries, so take care. In 2019, almost 150 people went to the emergency room for firework-related injuries. Twenty percent of those injuries were caused by firecrackers – legal fireworks in the state.

Remember never to attempt to relight a “dud” firework. Wait 20 minutes and then soak it in a bucket of water to prevent it from going off unexpectedly. You can find more information on this, and other firework safety tips here.

Finally, don’t forget about your pets. Pets aren’t as usually excited about fireworks as humans and about a local fireworks display. Learn more about keeping your furry friends safe and happy.

Motorcycle and Car Accidents: How Are They Different?

Written by kwmlaw on June 24, 2021. Posted in Kelly & West News.

All drivers on the road, whether on a motorcycle or in a car, are required to follow the same traffic laws. However, the legal outcomes of an accident can differ depending on the vehicle.

If you were in a motorcycle accident, you may think that your case would be handled the same way as if it were a car, but there are significant differences that mean you may deserve more than what you think. For example, the driver of the car may be at least partially liable because cars have more safety advantages over motorcycles.

Here are other differences between motorcycle accidents and car accidents that many jurors and insurance agents will not know. A good motorcycle accident attorney will help educate and advocate for you.

Many people who do not own or ride motorcycles may perceive those who do as daredevils or dangerous. An experienced attorney will inform the jury of your actions, as a rider, to take precautions and drive safely.
An attorney can also educate the jury about actions you took during an accident that may look wrong to a car driver, such as laying the motorcycle down.
Motorcycles are more difficult to see because they are significantly smaller than a car. Because of this, a driver of a car may not see a motorcyclist when turning or merging into another lane.
There are hazards on the road that are more dangerous for motorcyclists. For example, potholes, slick roads, and debris can mean life or death for someone on a motorcycle, but may not have as much effect in a car.
Fender benders are common among car accidents, but even a “tap” can seriously injure a motorcyclist if hit from behind. In fact, cars take longer to stop than motorcycles do, so if someone is driving too close to the back of a motorcyclist, then that could mean negligence on the car driver’s part.
There are fewer safety precautions for a motorcycle than cars. Because of this, injuries from a motorcycle accident can be more serious, take longer to heal and keep you out of work longer than a car accident. Read these safety tips to cover how you can stay safe on the road.

Having an attorney familiar with laws regarding motorcycle accidents means that you can rely on someone that is familiar with what applies and how these accidents are different from car accidents.

Our firm has more than 35 years of experience. If you were in a motorcycle accident, contact us. We can help you understand your options and make sure you receive the compensation you deserve.

Everything You Should Know About Real Estate Contracts

Written by kwmlaw on June 10, 2021. Posted in Kelly & West News.

Contracts are essential in big purchases, especially real estate. It will be one of, if not the most expensive purchase you’ll ever make, and the transaction must be legally binding in the form of contracts. When talking about real estate, there are several kinds of contracts including purchase agreements, lease agreements, contracts for deeds, and rent-to-own. Let’s review them to find out why they’re necessary when you decide to lease, purchase, or sell a home.

First, you should note that both the buyer and seller of the home must sign all contracts to complete the deal. Real estate contracts typically cover the financial terms of the deal, the obligations of both buyer and seller, including rights to home inspection, closing date details, and outline the sale of the home. They’re legally binding and necessary for all real estate transactions.

Purchase Agreements

Let’s start with the most common contract, the purchase agreement. This contract is binding between the buyer and seller of the property and outlines all the details of a home sale transaction. These details can include:

Buyer and seller info
Property details
Pricing and Financing
Closing dates and costs
Termination conditions
Contingencies
Rights to Inspect

Note that not every purchase agreement will outline the same items. In an average transaction, the buyer will present the purchase agreement to the seller, and there will likely be some back and forth until everything is settled and both parties are satisfied. Once the purchase agreement has been signed, you’re now “under contract.”

Lease Agreements

Lease agreements are used for those of us who opt to rent instead of buy and landlords who are renting out their property. The lease agreement should outline:

Monthly price of rent
Length of rental and due date of monthly rent
Obligations of landlord and tenant

Lease agreements can be a bit confusing for those new to real estate, and we always recommend reviewing the agreement with an attorney to be sure you know what you are agreeing to.

Contracts for Deed

A contract for deed is a bit different than a purchase agreement. It’s a legally binding agreement that allows the buyer of the property to take possession of the home and start making payments to the seller; however, the seller still technically owns the title of the property until all payments are made. This kind of contract is appropriate in situations where the buyer cannot qualify for a mortgage due to poor credit history, etc. You are highly advised to speak to a real estate attorney before signing a contract for deed as these kinds of agreements can be tricky and NC laws require specific language and recordation.

Rent-To-Own

Lastly, let’s review rent-to-own contracts. These contracts allow a person to rent a property for a specified amount of time, with the option of purchasing the property before the lease is up. This is a great option for those unsure if they’ll like the area or the property specifically without making a huge commitment.

Have any more questions about real estate contracts? Contact the Kelly & West team today.

Look for These Five Traits When Choosing a Lawyer

Written by kwmlaw on May 27, 2021. Posted in Kelly & West News.

Whether it’s a minor traffic violation, real estate transaction, a will, or something more serious, there will likely be a time in your life when you will need to hire a lawyer. Having a great lawyer on your side is crucial to your case because they will be the ones primarily talking to the judge and persuading him or her to favor your side of the case as much as possible. Here are some qualities you should look for in a lawyer to best represent your case:

Strong Speaker

Your lawyer’s main objective is to communicate your case to the judge, jury, and your opposition clearly and favorably. To do this, he or she must communicate with you before the hearing to get the most relevant information about your case and the possible approaches to use, and how much will be required of you in the hearing. Lawyers must know how to articulate well and become comfortable talking in a hearing to prevent the court from believing there are any lapses or inconsistencies in your case.

Great Listener

A great speaker can only be so great if they don’t know how to listen well. Communication is “the imparting or interchange of thoughts, opinions or information.” To speak well, your lawyer must know exactly what to communicate. Good listening helps your lawyer understand your side of the case that he represents, answer any question the judge might have during a hearing, and possibly find faults in your opposition that could strengthen your case. When you’re interviewing lawyers for representation, there are a few indicators you can watch for: the attorney is responding and engaging with you during your conversation, they aren’t lost in their notes or distracted by their phone, and they are asking probing questions to get more information.

Relevant Experience

Because legal issues cover almost any subject where two or more parties exist, some lawyers might not be versed in your certain situation and may not be very helpful to you. Research to see if the lawyer you are considering has covered cases in the past that are similar to yours because their experience could greatly help you as they enter a familiar field with you and will relate to your case more. Like with any business, read reviews from past clients or rely on recommendations from people you trust when seeking a lawyer.

Good Judgement

It is very likely that your case will have something unexpected come up no matter how much you and your lawyer prepared. Court dates are moved, new evidence is found, and other instabilities happen all the time in the justice system. It is times like these that you should trust your lawyer to have good judgment on what to do when long-term preparation is no longer an option. Your lawyer might even change their approach entirely in a very short period of time and very little preparation when circumstances change.

Dedication

The legal process can take a considerable amount of time to run its course; you want a lawyer that will represent you to the best of their abilities every step of the way. Depending on the severity, you and your lawyer might have to create an elaborate case for your side. Such circumstances require both you and the lawyer to be extremely dedicated to building the best case you can. Your lawyer should work to get as much information as possible to form a strong case for his or her client: you.

In the market for a dedicated lawyer to assist in your case? Contact the Kelly & West team today.

What’s the Difference Between a DWI and a DUI?

Written by kwmlaw on May 13, 2021. Posted in Kelly & West News.

A person arrested on charges of a DUI or DWI will face severe legal reciprocations. While the two terms look similar, their meanings are slightly different:

DWI: Driving while intoxicated.

DUI: Driving under the influence.

Some states also use two terms to differentiate between alcohol-impaired or drug-impaired driving. In these areas, a DUI refers specifically to a person under the influence of drugs.

North Carolina residents no longer have to worry about recognizing the difference between the two; the North Carolina Safe Roads Act of 1983 removed the previous drug- and alcohol-specific driving laws and grouped them all into the single offense of driving while impaired, or DWI.

Under North Carolina legislation, any blood alcohol concentration (BAC) over 0.08 percent is considered unfit to drive. For drivers under age 21, any alcohol concentration is deemed illegal.

Driving while impaired isn’t the only alcohol-related offense; transporting alcohol can cause a violation, too. According to the North Carolina General Assembly, state law also prohibits:

Having an open container in the vehicle if the driver is or has been consuming alcohol.
Having an open or closed container in the passenger area of a commercial motor vehicle.
Helping someone younger than 21 years old obtain alcohol. This includes buying or giving them alcohol or lending an ID so they can buy alcohol.

The penalties for a DWI or other alcohol-related offenses can include fines, community service, higher car insurance rates, license suspension/revocation, or even jail time.

How to Avoid a DUI/DWI

By making smart choices, it’s easy to avoid receiving a DWI. By being a smart driver, you’ll help ensure that you, your passengers, and other drivers on the road safely arrive at your destinations.

If you know you’ll be drinking at an upcoming event or destination, be sure to plan a safe ride home in advance. This could be via a “designated driver” (a friend who is responsible for remaining sober to drive the group home), a taxi, or another transit choice. If you have the option, you can also choose to stay in the same location overnight and avoid driving at all!

If you do plan to drink and drive, make sure you know your body’s limits and stick to them. To better understand how your body processes alcohol, you can use a BAC level chart or BAC calculator. While these resources are helpful tools to understand the effects of alcohol on your body, they are only estimates and should not be considered accurate. Only you can know how your body reacts to alcohol consumption, and how many drinks you can consume safely. However, in any situation, it is best to allow a non-drinking driver to take the wheel.

If you have further questions regarding a DUI or DWI, the Kelly & West team is happy to assist you.

Do I Need a Police Report if I’m in an Accident in North Carolina?

Written by kwmlaw on April 29, 2021. Posted in Kelly & West News.

Whether you are at fault or not, being in a car accident can cause a lot of anxiety, especially if you don’t know what you need to do next. Car accidents are not uncommon, and every driver will likely experience some kind of collision in their lifetime. In fact, nearly 3 million Americans are injured in car crashes every year and 72% of those accidents result in property damages. While your first call may be to your insurance company, do you also need to report the accident to the police? Let’s break it down.

According to the Law

Requirements vary from state to state, but in North Carolina, the law does not require you to file a police report for accidents without bodily injury or property damage. A North Carolina driver is, however, required to file a police report if the accident resulted in significant injury or death, or property damage of over $1000.

So while a police report may not be required in the state of North Carolina, it’s’ better to be safe than sorry. Even if the damage doesn’t appear to be severe, use your judgment. If the other driver decides to turn the story around after the fact and you don’t call the police, you likely won’t have the documentation you’ll need to build a solid case.

A Note About Insurance

Let’s talk about insurance. If you are planning to file an insurance claim, a police report is typically needed in instances where you are seeking compensation for damages.

Our best advice is when in doubt, file a police report, especially if you don’t know the other driver personally, and/or if the damage is severe enough that it would be a financial burden if you had to pay out of pocket.

Have any more questions for us? Contact the Kelly & West team.

6 Legal Questions to Ask Before Buying a Home

Written by kwmlaw on April 15, 2021. Posted in Kelly & West News.

It is easy to fall in love with a home and forget about all those important legal questions you should ask before making an offer. It is important that you have these questions ready for your attorney and the seller’s attorney before moving forward with your purchase. The answer may not always be what you want to hear, but it will save you time, money, and many headaches in the future.

You are wise to be doing some research before making your purchase. Here are some questions that we feel are important to ask, because real estate agents may not always tell you upfront.

1) Do I need a real estate attorney to create a contract and to close on the house?

The law varies from state to state. In North Carolina, the majority of these sales contracts are presented to the home seller by the real estate agent. The agents usually use a standard form by the North Carolina Association of Realtors. However, a real estate attorney can complete the contract for you if it makes you feel more comfortable.

2) Are there any liens or claims on the property?

An attorney will do title searches and acquire title insurance for the home buyer after you have entered into a written purchase contract. This means we will examine any public records of present and previous owners to find any liens or claims on the property. And for a good reason; only after a title search will you learn that something may be wrong with the title to the land. The previous owner may not own the land, or the property may have claims that must be paid in full upon closing.

3) What should I look for in the property deed?

A real estate attorney will make sure that the property is transferred to the buyer without any defects shown in the public records. The property deed is the document that says the home buyer legally has ownership of the home or property. Also, make sure to ask if there are any deed restrictions that may prohibit certain construction on the property or use of the property. The deed needs to be notarized and then recorded in the county’s Register of Deeds office.

4) Are there any problems with the house?

Make sure you ask questions about the roofing, foundation, insulation, and any appliances or air systems that have been repaired or replaced. In NC, the seller is legally required to complete a “Residential Disclosure Statement” as a part of the “offer to purchase” whereby the seller is required to answer numerous questions about the conditions of the house. Also, make sure you ask to see the paperwork. Without any documentation, it is hard to be absolutely sure that the seller really replaced that AC system.

*Caveat Emptor, or Buyer Beware, puts the responsibility on the buyer to learn about any defects or problems with the home. If you wait until after closing, it will be too late. There is an Implied Warranty of Fitness, which means the seller should ensure that the property is habitable, but it can be hard to enforce and prove this in court.

5) What if something goes wrong after putting down a deposit on the home?

There are instances where you may put a deposit down, but then the house doesn’t pass inspection, or your mortgage isn’t approved. These contingencies should have been addressed in the Offer to Purchase Contract. In addition to Ernest Money, the buyer can pay a non-refundable “due-diligence fee” which allows the buyer to get its Ernest Money if the buyer cancels during the due diligence period which is the time period set for the buyer to inspect the property. The seller’s agent or attorney will hold the deposit. To get your deposit back, you may have to put up a fight. The seller’s agent/attorney will not be able to release your deposit unless they have consent from the seller. Make sure everything is in writing and pay close attention to the detail and dates in the contract. Your real estate agent is of great advantage to you in this case.

6) Is a short sale possible?

A short sale is when the seller owes more money on the property than the price that they are asking. Although it sounds like it may give you the upper hand in the bid, it is actually better that the seller has a good amount of equity in the property. If they do owe more than they are asking, it is unlikely that the seller will pay for closing costs or any repairs. The main complication is that the bank holding the debt has to agree to accept less than what is owed to it.

Keep in mind that the real estate market is always changing. Depending on when you are looking to purchase a home, the market may be more influential for the buyer or the seller. Don’t procrastinate on finding the answers to these questions because you may miss the chance to buy the home that you absolutely love.

Contact us today if you have more questions about buying a home and would like to consult with a professional real estate attorney at Kelly & West.

Cycling and the Law: More Bicyclists Lead to Higher Injury Rates

Written by kwmlaw on March 25, 2021. Posted in Kelly & West News.

While bicycling is a great way to get fit and save money on gas, it does not come without risk. IIHS states that bicycle accidents have increased 36 percent since reaching their lowest point in 2010. This rise in biking accidents is most likely due to the fact that more American adults are now bicycling, as indicated in this bicycle trend research by John Pucher.

In a comparison of data from years 1998 and 1999 to 2012 and 2013, the U.S. Consumer Product Safety Commission found that bike injuries occurring in people over the age of 45 increased from 23% to 42%. Hospitalizations of this age group caused by bike injuries increased from 39% to 65%. The study also found that a majority of these injuries were sustained by men.

As a bicyclist, obeying these traffic laws may protect you from an accident:

A helmet must be worn by bicyclists under the age of 16.
Cyclists must travel in the right lane, except when preparing for a left turn or passing another vehicle.
Bikes are considered vehicles; therefore, you may not bicycle under the influence of drugs or alcohol.
You must yield to traffic in the intersection.
You must signal an intention to turn.
If the lane is wide enough to share with another vehicle, ride 3 feet to the right of traffic; if the lane is not wide enough to share, you may “take the lane” by riding in the middle.

In the event of an accident, a bicyclist’s claim for personal injuries may raise questions about who was actually at fault. Considerations include:

Who had the right-of-way?
Was the bicyclist making a proper turn?
What were the weather and lighting conditions like on the day of the accident?
Were the vehicle’s headlights on?
How fast was the vehicle traveling?

If you or your child are injured in a bicycle accident, an experienced Kelly & West attorney can assist you in pursuing your claim for any injuries or losses, including medical bills, lost wages, emotional and physical pain and suffering, and permanent injury. It’s critical that you speak to your attorney first, before communicating with the other party.

We will address these injuries and handle your case or your child’s case in a professional and aggressive manner keeping you informed of progress along the way to reach a result in which you are satisfied. In order to protect your claim, you should seek immediate medical attention after the accident and always speak to an attorney before giving any recorded or written statements.

To discuss your bicycle accident personal injury claim call us at 910-893-8183 or fill out our online contact form to schedule a consultation.

Personal Injury vs. Property Damage: What You Need to Know

Written by kwmlaw on March 11, 2021. Posted in Kelly & West News.

After an accident, there are a lot of questions to answer to ensure that you, and your property, are both cared for and protected properly. The best person to answer those questions is your attorney. But what if you reach out and they tell you they don’t handle property damage claims? Or will only handle them in conjunction with a personal injury claim?

Here is what you need to know about both claim types to be prepared to ask the right questions.

Property Damage

A property damage claim typically involves physical damage to tangible property – something that can be touched or felt. This could be something as small as a computer monitor, or as large as a car or building. Property damage claims can also involve financial injury – not to be confused with personal injury – to the person making the claim. This is an additional loss incurred as a result of the damage done to the property.

Property damage claims are designed to cover the cost of the damage to your property. Damages – or compensation – typically sought include: car repair or replacement, towing expenses, rental car expenses, damage to personal items inside the car, and damage to other property caused by the accident.

Personal Injury

Personal injury is the term for injury to a person – although it is not limited to bodily injury. Personal injury lawsuits typically cover three key problems that can appear following an accident:

Actual bodily harm
Pain and suffering
Emotional distress

While bodily harm is a fairly easy concept to understand, the others can get a bit tricky. Attorneys tend to recommend their clients work with mental health professionals to document pain and suffering or emotional distress following an accident. These claims can also cover a wide range of circumstances outside of an accident – for example, defamation or threats of harm.

In these cases, your attorney may seek damages for your current and future medical expenses, lost wages, and permanent injuries (to name a few).

When in doubt about the type of claim you have, and what damages you may be entitled to, contact your neighborhood personal injury professionals at Kelly & West. We offer free consultations and can help get you back on track after any kind of accident.

5 Things the Workers’ Compensation Insurance Company Doesn’t Want You to Know

Written by kwmlaw on January 26, 2021. Posted in Kelly & West News.

If you’ve been injured on the job, you may be filing a workers’ compensation claim. But, insurance companies won’t give you all of the facts upfront. Before you file your claim, there are some important things to make note of. Here are 5 things the workers’ compensation insurance company doesn’t want you to know.

Once you notify the workers’ compensation insurance company in writing of your accident by filing your Notice of Accident (Form 18), the insurance company has 30 days to accept the claim, deny the claim, or request more time to investigate.

Immediately following an accident at work, you should file your Notice of Accident (Form 18). Do so within 30 days.

construction worker carrying pipe — Photo by Yury Kim from Pexels

Next, the insurance company should notify you in writing of their decision as to whether to accept your claim. They will do this by filing one of these forms:

Employer’s Admission of Employee’s Right to Compensation – Form 60
Denial of Workers’ Compensation Claim — Form 61
Notice to Employee of Payment of Compensation without Prejudice or Payment of Medical Compensation without Prejudice – Form 63.

If 30 days pass from your written notification and your Notice of Accident’s filing, and you have not received a response from the insurance company, contact an experienced attorney. An experienced attorney can protect you and get you the help you deserve.

You have the right to an Independent Medical Examination (I.M.E.) at any point.

The law says the insurance company has a right to direct your medical treatment. This means they decide who your doctor will be. However, suppose you are not satisfied with what their doctor is telling you and your treatment course. In that case, you have the right to request an I.M.E. To get this I.M.E., you should request a doctor in writing from the insurance company adjuster or defense attorney.

If you and the adjuster agree, you will be allowed to see the doctor you choose. If the insurance company does not agree with your choice, then the adjuster may suggest other doctors. Suppose you and the insurance company cannot agree about a particular doctor. In that case, the Court may force the insurance company to provide the I.M.E. with the doctor of your choosing, or the Court may choose a different doctor for you to see.

The insurance company and your employer must provide you with your wage information to verify you are receiving the correct disability pay.

If you continue to meet your burden of proving that you are disabled because of your work injuries, the insurance company will issue you a check each week. Once the insurance company accepts your claim as compensable and begins paying this check, it should be two-thirds (2/3) of your “average weekly wage,” which is an average of what you made each week while working for the past 52 weeks before your injury.

The formula assumes you worked for your employer for 52 weeks (one year) before the date you were injured. If you worked for the company for less than 52 weeks, then the calculation is more complicated, and you should seek legal advice.

Your employer is required to fill out a Wage Chart (Form 22) that indicates the number of days you worked each month and the total monthly pay. By using this chart, you can verify that you receive the correct amount each week and that the insurance company is not short-changing you.

Your employer cannot legally fire you because you have filed a workers’ compensation claim.

Termination is retaliatory discrimination, and some laws protect you against this. However, this is very difficult to prove because North Carolina’s laws provide that any employee is an employee at will and can usually be hired or fired by an employer “at-will” and with or without cause. Therefore, if you suspect you will be fired because you are unable to work due to your work injury, you should consult an experienced attorney who can protect you and advise you of your rights.

Hiring an attorney could cost the insurance company thousands of dollars.

Workers’ Compensation laws are very complex and are written to favor your employer and the insurance company. Of course, the insurance company doesn’t want you to hire a lawyer because you are ignorant of the benefits without one. For example, you have the right to mileage reimbursement for doctor’s appointments.

Knowing the laws that protect you is crucial, especially if your injury is permanent and you cannot return to work. An experienced attorney can help you get the help you and your family deserve and make sure you don’t miss any benefits that will provide for you during your disability and beyond.

Don’t give up your rights when it comes to workers’ compensation. Contact us today for a free consultation.

Merry Christmas from the Kelly & West Team!

Written by kwmlaw on December 22, 2020. Posted in Kelly & West News.

Wishing you happiness, goodness, and a beautiful year ahead.

Skip the Speeding Ticket: 9 Tips for Safe Driving and 9 Tips for Driving in Winter Weather

Written by kwmlaw on December 10, 2020. Posted in Kelly & West News.

Driving seems like second nature sometimes. Mindlessly driving the same route every day can be dangerous, and when we get too comfortable, accidents can happen. Over time, we forget about the rules and tips we learned back in driver’s education and let memory and habit take over.

Avoid speeding tickets, DWIs, and other traffic violations. Resolve to be a more attentive driver and follow these tips to get where you’re going safely.

Everyday Driving Tips:

ALWAYS WEAR YOUR SEATBELT.
Follow speed limits and signs. They are there for a reason.
Keep your eyes moving by checking your mirrors and surrounding every 6-8 seconds. Moving your eyes can keep you attentive and aware of your surroundings.
Always use your turn signal.
Keep at least 4 seconds between you and other vehicles to allow enough space for stopping.
When you increase your speed, also remember to increase your braking distance. When your speed increases, so does the needed length for safe braking.
Always have your headlights on when the windshield wipers are on. It’s a law in North Carolina.
Keep an emergency kit (first aid, seatbelt cutter, glass breaker, blanket, poncho, etc.) in the car at all times.
Never drive under the influence of alcohol for your safety and the safety of those around you.

Winter Weather Driving Tips:

Never warm up your car in a garage or enclosed area.
Keep your gas tank at least half full in case of freezing.
Do not use the cruise control on slippery surfaces (rain, snow, ice).
Try to avoid using your parking brake in the cold, rain, or snow.
If snowing, increase your distance between cars to 8-10 seconds.
Make sure your windshield wiper reservoir is full. Use high quality “no-freeze” fluid.
Clear snow and ice off your car completely before driving.
Reduce your speed when driving in snow or ice. Speed limits are meant for dry roads, so alter according to the condition of the road.
Accelerate slowly to reduce the risk of hydroplaning.

Following these driving tips can help ensure your safety when getting from point A to point B. It is essential to keep the winter weather driving tips in mind as snow and ice season approaches in North Carolina. On behalf of the attorneys at Kelly & West, we hope you have a safe winter season!

Your Top 10 Real Estate Questions Answered

Written by kwmlaw on November 20, 2020. Posted in Kelly & West News.

Buying a home or property is more complicated than ever. We receive a lot of questions about the particulars of buying and selling real estate. Here, we share the top 10 questions and their answers.

1. What steps are involved with closing on a property?

In North Carolina, any agreement to buy or sell real estate must be in writing to be enforceable. Standard “Offer to Purchase and Contract” forms approved by the North Carolina Bar Association and the North Carolina Association of Realtors are the usual and suggested form to be used. These standard forms are detailed, but they help make sure the buyer and seller cover their rights and responsibilities for the sale/purchase. The standard form mentioned is complicated, and you usually need to seek advice from your attorney to be sure that you fully understand the document. You work out the contract and sign the papers. The buyer will then employ a real estate attorney to perform a title search and work with the buyer’s lender to close the loan. The seller may wish to hire his/her own attorney or may consent to the buyer’s attorney preparing the seller’s deed and other documents. The attorney and the lender and real estate agent will coordinate the closing process and transactions, creating a simplified experience for the buyer and seller.

2. Can I place a bid on a property that has a pending offer?

A backup offer is an option when finding a property that you really like. It is a fully executed contract that will become primary should the current deal fall through.

3. Can I back out from a purchase contract?

Your right as a buyer or seller to terminate an agreement is set out in the contract itself. The buyer may pay a “due diligence fee” with the initial contract and, if so, have an absolute right to terminate the contract for a certain period. Most agreements limit the damages to the earnest money. The seller would have to refund the earnest money if in default and be subject to damages suffered by the buyer due to the seller’s default.

4. Can I add another person to a deed after closing on a property?

If a loan is involved, the Deed of Trust restricts a change in ownership of the property and could trigger the due on sale clause, and the lender could require the loan to be paid off immediately. You would need to consult with your attorney before making any such change.

5. How can I remove someone from my mortgage?

You must apply for a loan to refinance your mortgage under your name only. You must consult the lender and follow its requirements.

6. Can I transfer my ownership of the property to someone else?

To transfer ownership of property, there must be a property deed. These legal documents will transfer the ownership to another party. The deed must be notarized and recorded at your county’s Register of Deeds office.

7. Can I transfer land that I own from my personal name to my business?

You can do so, but there may be tax consequences. It is best to consult a real estate attorney and CPA.

8. How can I check to see if there are any claims against the property?

Title searches are used to inform the buyer of any liens or claims held against the property. These searches should be done by an experienced attorney to find title problems and any adverse claims.

9. Who is responsible for mortgage payments if someone dies without a will?

North Carolina’s intestacy law determines who inherits property when an individual passes away without a will. Whoever inherits the real estate takes the real estate subject to the existing mortgage and will have to make the payments, sell the property, or allow the property to be foreclosed upon.

10. How can we divide the land amongst multiple persons who inherited it?

You need to file a “petition to partition” that will enable the clerk of court to decide how to divide or sell the property. Real estate attorneys are here to help guide you through these necessary arrangements.

It is always a good idea to get an opinion from a professional to ensure quality decisions based on real estate. Our attorneys here at Kelly & West are trained to handle these situations. Don’t face these difficulties alone; let us protect you. Contact us today.

5 Things You Need to Know About Workers’ Compensation

Written by kwmlaw on November 10, 2020. Posted in Kelly & West News.

Accidents happen every day. Do you know the proper steps to take when it happens in your workplace?

Some jobs pose no immediate hazards, but accidents can happen in any environment. From emergency personnel to work in a candy store, if you are injured or fall ill from a covered illness at your workplace due to work-related activities, you may be eligible for workers’ compensation. Workers’ compensation is insurance that employers buy to cover medical bills. It can even reimburse you for missed days of work.

Worst-case scenario: You end up in the hospital, and your bills start to pile up. You can’t afford to make your payments on time, and you are unable to work. What do you do?

Here are a few tips to consider if you experience an accident in the workplace.

1) Each state has different regulations that they have to follow regarding worker’s compensation. It is imperative that you research how your state regulates workers’ compensation. The following covers North Carolina laws:

You are eligible for workers’ compensation if you are injured or fall ill from a covered illness during your employment.
A physician must take you out of work for you to receive lost wages.
You must incur the first seven days out of work on your own, without payment from the workers’ compensation insurance company; however, if you miss more than 21 days, the insurance company should reimburse you for the first seven days.
You must fill out forms within 30 days of the accident, stating that you had an accident or a covered illness and that you are claiming workers’ compensation benefits. This form is known as Form 18 and is available online at www.ic.nc.gov.

2) You must report the accident immediately. Your employer should have a trained HR department that handles these situations. Communicating the accident immediately to the appropriate supervisors can increase your chances of receiving workers’ compensation benefits. Paperwork needs to be filed, and procedures need to occur, so do not waste your time. Also, communicate with your doctor about the incident. Doing so will help you receive the benefits you deserve.

3) Will your accident Qualify? You may be questioning whether or not your accident qualifies for workers’ compensation. Here are a few examples of eligible injuries that may surprise you:

Pre-existing conditions worsened by work-related activity
Hearing loss from working in loud environments
Illnesses from various chemicals
Disfigurement and scarring due to burns or cuts

4) There is usually drug screening performed by your employer if you are trying to receive workers’ compensation benefits. If you fail these tests, you will be responsible for all of your medical bills and will not receive any benefits. Hurting yourself on the job while being impaired will forfeit your ability to be eligible.

5) Attorneys can help! Invest in an attorney, and they can help you get the benefits you deserve. Attorneys are trained to handle these kinds of situations, so their clients don’t have to. Insurance companies are not going to want to pay more than they have to. Let attorneys of law help you get back on your feet and live your life again.

More questions? Contact our attorneys to schedule a FREE, no-obligation consultation.

9 Reasons Why You Should Speak to a Personal Injury Attorney First

Written by kwmlaw on October 27, 2020. Posted in Kelly & West News.

Speaking to an attorney after an injury is crucial. We can help you deal with insurance companies, workers’ compensation, and filing claims against someone who injured you. Don’t put yourself in a situation where you are losing credibility in your case. Making the simplest of mistakes could hurt you in the long run.

Here are nine reasons why you should speak to a personal injury attorney before taking action:

1) Personal injury attorneys are experienced with all sorts of cases. We can save you time and money by letting you know whether you have a legitimate claim.

2) With the number of laws and regulations around the subject matter, you may hurt your case by saying or doing something wrong without even realizing it.

3) Paperwork, legal procedures, and bills can be too confusing — especially after being injured. We will simplify the process, so you don’t have to worry about making any mistakes.

4) You may be entitled to more benefits than you know. We will make sure that you know about any benefits for which you are eligible.

5) Insurance companies are not looking to give free handouts; they’re looking for evidence to prove that they don’t owe you anything. It is becoming more common for insurance companies to deny or reduce medical bills and therefore reduce the overall value of the case. We can take steps to help prevent this from happening.

6) Injuries that are not physical are more challenging to prove. Our attorneys will help you in your case if you have suffered from psychiatric or emotional injury.

7) Let us handle the other attorneys and adjusters involved. The defense attorney or adjuster will take any mistakes you have made and use them to weaken your credibility, and your case.

8) You may accidentally give out more information than required, which could harm your case.

9) An attorney may also record any statements you make and make sure the insurance company treats you fairly and asks proper questions if they do have questions for you. This can prevent you from being misquoted later, especially should your case proceed to trial.

Having an attorney on your side will provide you with confidence during your case and leave you with less worry during a time of vulnerability. Contact the Kelly & West team today to schedule a consultation.

How To Handle A Personal Injury Claim

Written by kwmlaw on October 20, 2020. Posted in Kelly & West News.

You are injured, and someone else is at fault. What do you do? What steps do you need to take? Suppose you want to file a claim against someone for your injury. In that case, you may need to file a civil complaint or lawsuit against the person(s) responsible — or even the insurance company if they will not voluntarily pay you.

Filing a lawsuit may feel scary, especially when you’re dealing with the stress of being injured. Let’s make it a bit easier with these answers to some frequently asked questions.

What is a personal injury case?

A personal injury case is a legal claim in which one person (the plaintiff) suffers from an accident or injury due to another party (the defendant). Personal injury cases require knowledge of the facts and the law and range from dog bites to wrongful death.

Do I have a case?

To know if you have a case or not, ask yourself the following questions:

Have I suffered an injury?
Was the damage caused by someone else?

Each personal injury case is different. The differing facts in each case make applying the law a challenge. Also, proving that the accident is entirely someone else’s fault can be challenging because in North Carolina, if you are even 1 percent at fault, then you may not recover anything under the doctrine known as “contributory negligence.” North Carolina is one of only a handful

of states with this law, but it can make your case difficult, especially if you do not have an experienced attorney helping you with the matter.

Do I need to file a claim? Do I need to hire a lawyer?

You should file a claim for your injuries, especially if you were seriously hurt. It is best to get the advice of an experienced attorney anytime you are injured but especially if you receive medical treatment or are out of work because of the injuries. Insurance companies have experienced attorneys working for them that know the law, so you should discuss your case with a Lillington personal injury attorney to avoid any pitfalls.

Will my case go to court?

Not necessarily. Your case will only go to court if you and the other party cannot agree out of court. Once you file a lawsuit, you must meet the deadlines imposed by the court. Failure to do so could cause your case to be dismissed.

Before filing a lawsuit in your case, be sure you know what to expect. For example, there’s no guarantee you will win. And the process may take months.

Once the lawsuit is filed, you may not be able to un-file the lawsuit or delay the case without losing your rights, so be sure that you have the help of an experienced attorney throughout this process. Also, you, as the injured party, have the burden of proving your case in court. You may only get one shot at this, so you must know how to proceed. An experienced attorney will be able to assist you and is vital to a successful outcome.

Whatever you do, don’t wait.

If you are injured in Harnett County, talk to an attorney within a few days. The longer you wait, the more challenging your case will be for both you and an attorney. Plus, time will erode evidence, such as skid marks, visible injuries to yourself, and witness testimonies.

Additionally, the statute of limitations creates a time frame in which you can file a lawsuit. North Carolina has a statute of limitations of three years from the date you are injured. It may seem like you have plenty of time, but you will want to make sure to document all evidence possible before the lawsuit is filed to be sure that you present the best case possible in court.

So what’s the first step?

Get information about your case and document your case. Act as soon as you can, so your attorney can contact witnesses and record their testimonies while fresh in their minds.

If you need help with your personal injury case, do not hesitate to contact our experienced team of attorneys.

Is Now a Good Time to Sell Your Home? What to Know About Home Sales During COVID

Written by kwmlaw on August 11, 2020. Posted in Kelly & West News.

You might be wondering if now is a good time to sell your home. COVID-19 is changing the way we communicate and conduct business, and real estate is no exception.

Virtual house showings and online video meetings are the new norms, and you may be wondering if it’ll help or hurt you as you put your house on the market. Selling your home can happen fast, so it is essential to know the obstacles you’ll face.

The Housing Market

This area has long been in demand, and COVID-19 hasn’t changed that. Not many people are selling in our part of North Carolina right now, but people are still buying. That means now is a great time to sell, because the lower supply has led to increased prices. Sellers are often receiving multiple offers within a day or two of posting their house. However, if you’re also

trying to find a new home in the area, you might struggle.

What You Can Expect When Selling

Social distancing has given us more virtual meetings, and house showings have transitioned from in-person to Zoom and FaceTime. Online showings might sound like a hurdle, but this approach isn’t necessarily a bad one. Virtual showings can be a real time-saver for both the buyer and the seller. You’ll gauge who is serious about buying the home before they step foot inside. This way, only serious buyers will need an in-person showing.

However, you’ll want to prepare your real estate agent with as much information as possible. Buyers won’t fully appreciate certain aspects of the home that they otherwise would in person. Be sure that your Real Estate Agent is thorough in describing details. Inform them of any hidden features of the house an online viewer wouldn’t immediately notice. Fully describing the home’s assets will encourage a potential buyer.

Potential buyers will almost always want to see the home in person before making an official offer. Although you can offer virtual tours, your home should always be ready for viewing.

Homeowners who are living in the house can require people to wear masks during showings. It’s a good idea to have cleaning supplies ready; when you return, you can wipe down the doorknobs and any surfaces people are likely to touch when looking through a house.

The Closing

Eventually, selling a house requires in-person contact. Under typical circumstances, the seller and buyer are present for the closing, although not in the same room. While some closings are now occurring virtually, a lot of documents require a “wet signature” — meaning one you sign in ink in front of witnesses. Almost all of the buyer’s lender documents requ

keys in a door to a home — Photo by PhotoMIX Company from Pexels

ire a “wet signature” and many have to be notarized. Your lender will inform you which items need a wet signature and which can be scanned or signed electronically. These days, it’s best to be prepared to sign documents both ways.

We recommend your Real Estate Attorney is present for both in-person and virtual meetings; his or her job is to be your advocate and make sure you know what you are signing.

Contact Kelly & West for Help

Selling your home isn’t an easy process, and a global pandemic only adds to the challenge. We are here to make it easier for you.

Why Should You Work With a Personal Injury Lawyer?

Written by kwmlaw on July 15, 2020. Posted in Kelly & West News.

Did you know that 700,000 personal injury cases are filed per year? If you have been involved in an accident at the hands of another, you might be wondering what you should do — and whether you can or should get help from a Lillington lawyer.

The first step is to determine if the accident falls into the personal injury category. In most personal injury cases, a physical injury has occurred, but not all. You can still file a personal injury claim if you have suffered a non-physical loss.

Let’s go over some of the common incidents where you might need a personal injury lawyer.

How Can We Help?

Generally, we can assist with personal injury cases that include accidents involving alcohol, as well as bicycle, automobile, or truck accidents. We help people with dog bites, head injuries, hit and runs, medical malpractice, negligence, nursing home injuries, pedestrian accidents, slip, trip, and fall accidents, and under/uninsured motorist claims. You can read about the types of accidents we cover at Kelly & West here.

motorcycle — Photo by Kelly Lacy from Pexels

So, Why Should I Hire a Personal Injury Lawyer?

Many people feel weird about filing a lawsuit after an accident. But rest assured, 98% of cases settle out of court without a lawsuit having to be filed. Also, most accidents cost you money. Those costs might be medical bills, even if you have insurance. The accident might mean paying higher premiums or missing work hours, shorting your paycheck. If the accident is someone else’s fault, it makes sense that he or she or his or her insurance company should pay those costs, not you.

You might think you can work it out on your own. But your case might be more complicated than you think. A personal injury claim can be overwhelming, and we are here to break everything down and inform you about every step. We take pride in making sure you are kept informed and updating you on the status of your case.

Benefits of Hiring a Personal Injury Lawyer

Fair Compensation – The insurance company’s compensation might not be as fair as you think. A personal injury lawyer can break down the case and offer expertise. Your personal injury lawyer will know what your claim is worth and will be able to advocate for fair compensation in your case.
Time/Energy Saver – When you hire a personal injury lawyer, they are responsible for keeping up with all of the documents involved, including medical records and reports. Organization is of high importance at Kelly & West, and we will be sure to keep everything in order. We will also communicate with adjusters, so you don’t have to.
Representation in Court – If it’s necessary to file a lawsuit to resolve the case, a personal injury lawyer will represent you in court and take care of all legal proceedings.
They can communicate updates and explain what is taking place inside the courtroom. We work diligently to offer frequent updates and do anything we can to make this process easier.

Our attorneys at Kelly & West are motivated to help our clients. It is our priority to make this process as smooth as possible. If you have been involved in an accident at the fault of another, please contact us today for a free consultation.

6 Things to Consider When Buying a Property to Build a House

Written by kwmlaw on June 19, 2020. Posted in Kelly & West News.

House hunting is something many adults undergo at some point in life. Though the statistics on homeownership vary, generally, around 65 percent of Americans own a house.

Some people prefer not to buy a house, but to buy some land on which they can build a house. Buying property and then building your own house has its advantages. After all, you can choose where you want to be, you might be able to get a bigger lot, and you can customize the house to your needs.

Buying land can be challenging, though, so here are a few things to keep in mind if you’re pursuing your land-buying dream.

Written offer to purchase and contract – Vacant lot/land. In N.C. No agreement to purchase or sell real estate is enforceable unless in writing and signed by the parties. Therefore, you should generally not invest in a survey or even a title search until you have a signed contract. The standard Offer to Purchase includes language about inspections, access, survey, etc. and gives you a due diligence period in which to do those things and allows you to cancel if not satisfied. You should consider having an attorney to advise you to make sure your contract gives you the protections you need.
Do a survey. You need to address whether the seller has a current survey and if not, who will pay for one. You should also conduct an informal survey yourself. Walk the entire property to get a sense of it. You’ll want to look for hills that may need grading, trees you want to keep or not. You might discover someone’s been illegally dumping trash or environmental hazards on the land. Only a current survey will show current encroachments, overlaps, etc.
Use your Due Diligence for your inspections. The seller may fill out a disclosure form with the Offer to Purchase, but he or she might also put “no representation” for some of the answers. Or, he or she doesn’t know all the information. Check with the following:
a. Planning Department – You’ll need to know any zoning restrictions. Often vacant land is empty because people haven’t been able to use it.
b. Preservation Office – Is the property part of a preservation district or historic district? That may restrict your building materials and size.
c. Title Search – Have your attorney perform a title search to certify record title to verify ownership and any record liens or other encumbrances of record. Have your attorney or real estate agent provide a copy of any restrictive covenants governing use of the property.
Do the math. Buying a property and then building the house generally costs more than buying an existing house and land together. Factor in the cost for someone to prepare the land for your home build, which can cost thousands. Experts say the land purchase and preparation should not be more than one-quarter of your home construction budget. Land loans are different than a typical mortgage, and banks often require a higher down payment.
Consider hookups. If you’re seeking a country home, consider whether the county or nearby municipality offers any power, phone, cable, or water hookups. You may need a well or a septic tank. If you’ve lived in the country before, you know all this, but if you grew up in a city or suburb, that might be something new to consider.
Expect a long timeline. Buying land, getting it ready, getting the loans, and then building a house will take time — a lot of it. Such projects can take a year or more. If you’re in a hurry, you’ll be frustrated.

If you need help researching a piece of property, contact our Harnett County real estate attorney team. We can search the records to make sure you’re getting what you want.

What to Know About Motorcycle Insurance

Written by kwmlaw on May 29, 2020. Posted in Kelly & West News.

Motorcycles can bring you a sense of freedom and adventure, riding around the roads of Harnett County. This is the time of year when motorcycle riders are out and about more often, thanks to good weather.

We meet a lot of drivers who don’t realize their motorcycle insurance coverage isn’t adequate. Insurance is confusing anyway, and people tend to choose the cheapest coverages and options. While that might be OK in some cases, motorcycle riders usually get seriously injured during an accident. Here are some things to know about your motorcycle insurance coverage.

Motorcycle Insurance Minimum Required Coverages

First, each state has its own minimum insurance coverage required for your liability in an accident. In North Carolina, those are:

$30,000 bodily injury liability per person
$60,000 bodily injury liability per accident
$25,000 property damage liability per accident
$30,000 uninsured motorist coverage per person
$60,000 uninsured motorist coverage per accident
$25,000 uninsured motorist property damage coverage per accident

However, you should consider buying additional liability beyond these minimums. If you’re sued after an accident, these may not cover all the costs and fees. Creditors may later seek your assets to pay for damages. Also, ask your agent if the bodily injury liability insurance covers your passengers.

Medical Coverage

The next thing to know is your medical payments coverage. Medical payments coverage is for any medical bills, regardless of fault. As mentioned, motorcycle accidents typically result in severe, even life-threatening injuries. Surgeries and a stay at the hospital can cost more than $100,000. While your health insurance may cover some parts of your medical care, it might not cover all of it. Plus, today’s high-deductible health plans might mean you’re paying more by using your health insurance.

Uninsured/Underinsured Motorist Coverage

Finally, your uninsured/underinsured motorist coverage should definitely be higher than the minimum amount. About one in every seven drivers is uninsured. This part of your policy will also help if the other driver doesn’t have any insurance or doesn’t have enough insurance and it’s not enough to cover the damages.

Learn more in our video about motorcycle accidents or insurance coverage. Or ask us about your insurance levels.

Accident? Don’t Delay Medical Treatment Due to COVID Fears

Written by kwmlaw on May 12, 2020. Posted in Kelly & West News.

If you’re in a car accident and hurt, you generally know you should go to the doctor. Obviously, if you’re seriously injured, you know you’ll need care or even an ambulance. But if you’re not seriously hurt, you might think it’s OK to skip the doctor’s visit.

It’s not.

Coronavirus, or COVID-19, has changed many things about our world. But one of those changes has doctors concerned: people avoiding healthcare because they don’t want to catch Coronavirus the waiting room. Doctors report that people are coming in later for problems such as chest pain or appendix trouble.

We don’t have statistics about those who may be avoiding the doctor after a car accident or work injury or falling in the parking lot. But aside from the medical care you need for a concussion or other invisible health problem, there’s another good reason to go: protecting your right to compensation.

Your insurance company may not pay for your medical care if you delay it. We’ve talked to many people who felt OK after an accident but then later felt that the needed treatment because of the accident. They sought medical care sometimes only a few days later. In that situation, the insurance company may not consider this care as part of your case. The other problem is they may not consider any treatment after that date as related to your case either. So, it is vital that you seek medical attention very soon after an accident.

What to Do After An Accident

After an accident, first, make sure you’re OK. If you’re not, call 911. If you are, you can check on other people. Do not talk about fault or who caused the accident or what happened.

If you’re able, take photos of the accident, including some wide shots to show your location and the location of the vehicles. Take photos of the car damage and your injuries. Write down the contact and insurance information of other people. If a police officer is there, get his or her information so you can access the accident report.

Report the accident to your insurance company within 24 hours. You don’t have to give them all the details, but they need to know it occurred to get the file started.

Seek medical care that same day, even if you feel fine. Talk to your doctor about what happened and ask about obtaining medical records in case you’ll need them later.

Contact us as soon as you can, so we know what’s happening and can offer advice about your next steps. Please don’t avoid medical care you may need. Doctor’s offices and healthcare providers are taking steps to keep people safe inside their facilities.

Questions about an accident or other legal issues? Contact us for help.

How do Workers’ Comp and Settlement Cases work in N.C.?

Written by kwmlaw on April 29, 2020. Posted in Kelly & West News.

Have you been injured and need to know more about Workers’ Compensation or settlement cases? Every state does things differently, so we have compiled of what you should know specific to North Carolina.

Workers’ Compensation 101

Workers’ Compensation is a statutory remedy for employees who are injured by accident while in the course of their employment. It is a no-fault remedy where the employee is not required to prove fault to receive benefits, and the employer is not allowed to deny liability.

After being injured, you have 30 days to file an injury claim with your employer.
File a Workers’ Compensation claim with the N.C. Industrial Commission.
Throughout the process, additional papers will need to be reviewed and submitted.
The employer or insurance will either accept the claim and begin payments or deny the claim.
If the claim is denied, you, as an injured employee, have the right to request a hearing.

N.C. Laws

In North Carolina, Workers’ Comp may cover vocational rehabilitation services, wage replacement compensation, and medical treatment. Here are some important N.C. laws involving Workers’ Compensation.

There are no requirements for an injured employee to accept a settlement. Although it is an option, they can still take the employer to court event if a settlement is offered.
Any company that employs 3+ part or full-time employees are required to provide Workers’ Comp.
There are strict fines for a company that does not comply with these laws.

Settlement Cases

In a Workers’ Compensation case, settlements occur when a business owner’s insurance company and their attorney will offer you a specific payment in order to settle the case before going to court. If your company goes through with this, it is important for you to consult with a lawyer to ensure the settlement is worth it. Some people prefer to settle because it means you get cash immediately to pay medical bills or other expenses. However, in some cases, the amount offered in a settlement is far less than you would get by going to court.

If your employer’s insurance company offers you a settlement, you have the option to take it or not take it.
Prior to your decision, consult your attorney to determine what option is best for your case.
If you choose to accept the settlement, you waive your right to make any further claims against your employer.

Circumstances for Filing a Claim

In North Carolina, there are three main circumstances under which you are eligible to file a claim.

Injury by Accident – When your regular work routine was disrupted by an unusual circumstance that resulted in your injury.
Occupational Disease – If you are exposed to a disease or a disease development increased due to the workplace.

At Kelly & West, we know that dealing with injuries is a tough situation. If you are someone you love has been injured, let us help you through the process. Contact us today to learn about the next steps you need to take.

Should You Refinance Your Home this Spring Due to Lower Interest Rates?

Written by kwmlaw on April 15, 2020. Posted in Kelly & West News.

Buying a new house is usually exciting, and spring is a typical time for people to shop for them. This year, COVID-19 has changed the feel of home buying, and most people who can wait will probably do so.

However, with COVID-19 has come a drop in interest rates, something current homeowners may want to think about. When interest rates are low, you’ve probably read about many people refinancing their homes. Indeed, it’s a good time to consider whether refinancing will work for your home and give you a lower monthly mortgage. But just because interest rates are low doesn’t mean it’s going to benefit everyone.

What is refinancing?

Refinancing means you’re paying off your existing mortgage and replacing it with a new one. It’s a new agreement. People refinance to change the terms of the agreement. They might do this to:

get a lower interest rate
consolidate debt
shorten the term (length) of the mortgage
convert from adjustable-rate mortgage (ARM) to fixed-rate (or vice versa)
access home equity for a project or financial emergency

Should You Refinance?

Financial experts often say the rule is to refinance if you can lower your interest rate by at least 2 percent. If your refinancing goal is to lower your interest rate, you should at least take a look at the rate you’re paying now and what rates you might get. Even if the federal rate is zero percent, that’s not the interest rate you’d pay on a mortgage.

You also need to consider the cost of changing your mortgage. You’ll still need to pay for an appraisal, title search, application fees, a lawyer, and more. You can use a refinancing calculator to see whether refinancing will save you money over time.

Refinancing for Home Equity

In tough economic times, you’re more apt to consider refinancing if you need some extra cash. This “cash-out” approach can give you a chunk of money to cover your bills while unemployed. However, there are downsides to this, too. Again, you’re still paying the extra closing costs of your new mortgage.

Calculate the break-even point to determine how long it will take you to actually save. For example, if your new mortgage saves you $185 per month, but your closing costs are $3,000, you won’t break even for more than 16 months. ($3,000/$185) If you’re planning to sell before that time, refinancing is not a good idea.

Also, it will take at least a month to get your mortgage refinanced, especially now, with so many people applying to do so. Finally, your home’s value may not be what it was even a few months ago. Overestimating the value of the home, and therefore your equity is one of the big mistakes people make when refinancing.

If you’re debating whether to refinance, we’re happy to consult with you about it. Please contact us for more information.

3 Surprising Things You Might Be Doing to Break the Law While Driving

Written by kwmlaw on March 25, 2020. Posted in Kelly & West News.

Did you know that you have broken the law before? You might not even be aware of a particular law because just about everyone also breaks it.

Because it is so easy not to know all the laws, we are here to help. Here is a list of three laws that you might be breaking and why you should be more aware of them.

Stop at Crosswalks

While some crosswalks have signs posts that indicate pedestrians have the right of way, this is not the case at every crosswalk. For pedestrians, the only rule is that they do not run in front of cars without giving that car time to stop. Both pedestrians and drivers need to play their part, but drivers should yield to people in crosswalks.

According to WatchForMeNC, “pedestrians hit at 40 mph have an 85 percent chance of dying.”

You can preserve life by keeping an eye out for pedestrians. Wouldn’t you want drivers to do the same for you when you are in the pedestrian’s role?

Eating and Driving

Each year, Americans get busier, and multitasking becomes second nature. Although you have probably never known anyone to get a ticket for eating and driving, it is technically against the law. Eating and driving is one type of distracted driving that could lead to a police officer issuing a citation.

The North Carolina Department of Motor Vehicles determined that “distracted drivers are the second most common cause of car crashes in the state.”

As you are operating a motor vehicle, it is your responsibility to keep your hands on the wheel and your eyes on the road. Take the extra 10 minutes to stop and eat your food or wait until you arrive at your destination.

Not Using Your Turn Signal

We all know someone who is not fond of using their blinker, turn signal, tinker-tonker, or however else you refer to it. It is important to note that this tool is not there for decoration, but it is a tool to communicate with other drivers on the road. All vehicles are required to have a working signal device to be used when turning and changing lanes.

According to Traffic School, “over 25% of drivers failed to properly use turn signals when turning.”

Be a responsible driver and use the resources that are provided for you in your vehicle. Using the communication device takes very little time and can reduce the number of accidents that occur in turning and lane-changing situations.

Now that you are aware of these three surprising laws, you can help to support them. By sharing this knowledge with others, we can all do our part to help make North Carolina a safer place.

If you have been involved in a traffic accident or have other questions, contact us today.

Dog Bites: How to Prevent Them and Steps to Take if You get One

Written by kwmlaw on March 10, 2020. Posted in Kelly & West News.

Spring is on its way! This means warmer weather and people spend more time outside going on walks, heading to parks and riding bikes. Everyone seems to be out and about, often bringing their kids and dogs with them. One drawback of this situation is the number of dog bites that occur each year, especially around springtime.

According to the Centers for Disease and Control, “Approximately 4.7 million dog bites occur in the United States each year, and 800,000 of those bites result in medical care.”

We have compiled some information about what to do after being bitten by a dog and prevention methods for the future.

Steps to Take After Being Bitten by a Dog

Talk with the Owner – Immediately after an incident, discuss with the owner as to whether they have homeowner’s insurance or animal liability insurance. This information is important to start a case. Any information the owner can give you about the dog’s medical records or history will be helpful.
Document the Situation – Take photos of the setting, the dog and the actual bite prior to leaving the scene. Write down all information valid to the dog bite situation, possibly consulting others who were there during the incident. This is very helpful if you are to pursue a case.
Medical Assistance – Even if the bite seems minor, it is best to visit a healthcare provider after an incident. You may not be aware of possible diseases contracted from a dog. A healthcare provider will be able to fully clean the wound and give other treatments if necessary.

How to Prevent a Dog Bite

Ask Permission – It can be easy to see and dog and immediately want to run up and pet it. Prior to interacting with any dog, ask permission from the owner for the safety of everyone.

Do Not Disturb – If a dog is in the middle of another activity, refrain from interacting with the dog. Some dogs do not like to be disturbed while they are eating, drinking or sleeping.

Keep Moving – Often, dogs are tied up and left unattended while their owner is in a shop or restaurant. It is best to not interact with them, no matter how kind the dog seems.

Although every situation is not 100% preventable, following these methods will decrease your likelihood of getting bit by man’s best friend.

Two Truths and a Lie:

✘ Pitbulls and German Shepherds are the only dogs that are involved in dog bite accidents. This is a myth.

✔ All dogs are capable of biting, even well-trained dogs.

✔ Dog bites can be dangerous, seek medical assistance after an incident.

We hope these questions and answers gave you a better idea of what you should do after being bitten by a dog. As you spend more time outside in the spring, keep these preventative methods in mind in order to be able to fully enjoy the season.

Examples of When You Need A Good Real Estate Lawyer

Written by kwmlaw on February 27, 2020. Posted in Kelly & West News.

Buying real estate is often one of the biggest investments you will make, and usually a fun and exciting one. Obviously, you want the process to go smoothly.

You probably know that hiring a good real estate agent is important, but it’s easy to have your real estate agent recommend someone with whom they often work. While that might be OK, you might also consider searching out your own real estate lawyer, someone you trust, because it’s such a monumental purchase for you.

Some states even require a real estate lawyer during the closing on your purchase, but if they do not, you should consider hiring one. In North Carolina, your home purchase is required to be processed by a law firm.

What Does a Real Estate Lawyer Do?

A real estate lawyer is in charge of preparing all of the legal documents and ensuring that you have done your part as the buyer. They also work with zoning, estate planning, titles and more. If you are dealing with a foreclosure or other issue, a real estate lawyer needs to be involved with that.

You may think that when buying your house — if it has no title issues or other problems — a real estate lawyer isn’t as critical. But here are some specific examples of when they come in handy!

Closings

Anyone who has bought a house knows the amount of paperwork that comes with it! Most of this paperwork contains a lot of legal jargon. A real estate lawyer is there to help you through the legal terms and explain the contracts in plain language. You want to ensure that your real estate lawyer is knowledgeable in this area to confirm that you fully understand the documents you are signing.

Although going through contracts can seem tedious, you will be thankful that you went through them if a problem was to arise in the future.

Property Deeds

There are many different types of deeds, but essentially, all deeds transfer the ownership of a property from one owner to another. During this transfer, deeds need to be notarized and submitted to the county’s Register of Deeds office.

A good real estate lawyer helps you through this process, making sure that every step is completed. If any difficulties were to arise, the lawyer will step in and be able to handle the situation with your best interests in mind.

Title Searches

Title searches are very important when it comes to buying a new property. They are the process of sifting through records and determining who the owner is, as well as any possible claims against the property. Searches can even involve discovering the historical documents connected to a property. Having a good real estate lawyer to search for these records is important because as a potential purchaser, you should have all of the available information before you may make your final decision.

At Kelly & West, our real estate lawyers will make sure that your rights as a home buyer or home seller are protected while ensuring all necessary legal documents are in order.

We hope this gives you a better idea of when you need a good real estate lawyer, whether you are dealing with closings, property deeds or title searches. Remember, it is best to be informed before making an important decision such as purchasing a property.

Should You Sue After Falling, Slipping, or Tripping?

Written by kwmlaw on February 13, 2020. Posted in Kelly & West News.

Tripping, falling or slipping at a grocery store or in a parking lot is very common. More than one million Americans suffer a slip, trip, and fall injury each year, according to the Centers for Disease Control and Prevention (CDC).

After tripping, falling, or slipping, many people automatically question whether or not they should file a lawsuit. In some cases, you realize you probably needed to be watching your step. But in other situations, something caused you to fall that was out of your control.

Here are some things to keep in mind after a fall, slip, or trip to determine whether or not you should file a lawsuit to get help with your medical expenses.

Why are you suing?

There are many reasons that people tend to file a lawsuit. Did someone fail to do their job, and it resulted in your injury? Were you significantly injured? Will the injury decrease your quality of life? Could your injury occur again to someone else?

Assessing the situation and determining your main reason behind suing will help you gain a better idea of whether or not it is worth it to go through the lawsuit process.

Was a warning given before the accident?

Property owners, specifically businesses, are aware of the possible liabilities relative to their office or parking lot. Many companies take precautions by using signs such as “caution wet floor” and making sure that the area is free from hazards.

Before filing a lawsuit with any property owner, ensure that there were no prior precautions taken to give you a warning. Signage and other forms of notice protect the property owner and can lead to a lost lawsuit.

Can you prove your loss?

When dealing with a lawsuit, there must be valid evidence for your case to gain the best possible outcome. Do you have proof that the situation negatively impacted you? Is the loss significant enough that it is going to matter to you in a couple of months?

Think about how much you were truly impacted. Did you break your leg and have surgery, or did you get a few scratches? By doing this, you will know if you can indeed prove your loss.

Do you have the funds to support you?

While assessing the physical damage of the incident, it is also essential to determine the financial burden associated with a lawsuit. Although you may gain compensation if you win, there are still a lot of expenses that you will have to pay.

If the compensation amount is small, it may not make sense to file a lawsuit.

At Kelly & West, we help with many areas, including personal injury. Learn more about personal injury.

We hope these questions and answers gave you a better idea of what you should be thinking about when deciding whether or not you should file a lawsuit after a slip, trip, or fall. Remember, it is crucial to fully assess the situation and give it some time before filing a lawsuit.

Victim of a Hit and Run? Here’s What To Do.

Written by kwmlaw on February 11, 2020. Posted in DWI & Traffic Lawyer and Legal Services, Kelly & West News.

In the state of North Carolina, drivers have a duty to stop and exchange information in the event of a crash. A hit and run is when another person causes damage to your vehicle and then immediately flees the scene, leaving you to care for any damage on your own. Being a victim of a hit and run can be a very costly and stressful situation. If it happens to you, follow these steps to handle the situation the best way possible.

Call for Help

The first thing you should do after getting into a collision is to call 911 if you are injured or call the police to the scene to investigate if you are not injured. Even if the damage isn’t severe, you’ll want to file a police report. It is possible that they might be able to catch the person that hit you if you give them enough information, and the quicker you report the accident the more likely it is that the authorities can track down the other party.

Collect as Much Information as Possible

Being involved in a collision is stressful, and can be disorienting. So, be alert as possible to your surroundings after you have been hit. The more information you can gather, the more the authorities can help you and potentially find the person that hit you.

Information to Collect

License plate number
Make, model, color, and approximate year of the car
Description of the driver
Time and location of the collision

You’ll want to note the context in which the accident took place and take pictures of any injuries or damage to your car for reference. Witnesses are a great resource, so if you see anyone near you, get their contact information.

Stay at the Location

Remaining at the scene gives first responders and emergency vehicles the best context for what happened. Only move your car if it is causing danger to you or others or if it is blocking an intersection or road. The damage caused by a collision might be more severe than it looks, so moving your car might damage your car more or even harm you. If you decide that it is best to move your car, move it to the side of the road as close to the scene of the collision as possible.

Contact Your Insurance Company

It is important to contact your insurance company as soon as possible to report the claim. Insurance claims can take a long time to process so you want to get the process started. Insurance companies also want the most accurate information, so updating them quickly after is best. Your insurance company will want just as much information, if not more, than the emergency services. Be prepared to send pictures of the damage to make sure your needs are cared for completely.

Be prepared for a car accident by downloading our free car accident response guide (pdf).

Your Top Questions About Hiring a Lawyer

Written by kwmlaw on January 24, 2020. Posted in Kelly & West News.

Hiring a lawyer may feel intimidating. Whether you’ve been in an accident or need to create a Will, most people have to hire a lawyer at some point. As you look for one, you’ll have questions.

We have compiled a list of your top questions about hiring a lawyer to make it as smooth as possible.

What type of lawyer do I need?

Why you are hiring a lawyer determines what type of lawyer you will need for your case. While some lawyers specialize in a specific case type, others are more versatile and cover a range of cases.

Here is a list of some of the different types of lawyers:

Divorce Lawyers
Criminal Lawyers
Civil Rights Lawyers
DUI and DWI Attorneys
Estate Law Attorneys
Legal Malpractice Lawyers
Government Lawyers
Personal Injury Lawyers
Real Estate Lawyers

At Kelly & West, we help with many areas, including personal injury (if you’re in an accident or hurt on the job) and estate planning, as well as traffic, DWI, and more. Check out our list of services.

How much is a lawyer going to cost?

The cost to hire a lawyer varies by location, the service, and the law firm. Different lawyers use different billing structures; some may charge by the hour while others ask for a flat fee. Remember that cheaper is not always better when looking to hire a lawyer. For personal injury cases, many attorneys won’t charge anything unless you win. It’s best to research a few law firms and ask about pricing for the service you need.

What information do I need to provide a lawyer?

When dealing with any legal issue, the more information you can provide your attorney, the better. Your lawyer is on your side. Do not hesitate to ask questions. When you call to make a consultation appointment with a lawyer, the front desk staff should tell you what information you might need to provide during your meeting. But you can prepare by gathering any documentation you know will be relevant, such as an accident report, photos, or estate planning documents.

How often do I need to meet with my lawyer?

How often you meet depends. The first meeting will be longer due to the amount of information that needs to be collected, but future meetings will most likely be shorter. Sometimes, your situation might require only one meeting. However, if you would like to meet with your lawyer more often for peace of mind, that’s OK too!

How can I help the lawyer do their best work?

Lawyers want to do their best work for you. To do that, you need to give him or her as much information as possible. You can contribute to a lawyer doing their best work by letting them do their work and get everything done for you. Overall, being available to answer questions really helps your lawyer do his or her best for you.

We hope these questions and answers gave you a better idea of what you should be thinking about when hiring a lawyer. Remember, it is important to know as much information as you can upfront to determine the lawyer that will best suit your needs.

5 Legal-Related Items to Organize in the New Year

Written by kwmlaw on January 14, 2020. Posted in Kelly & West News.

Lawyers aren’t at the top of most people’s list of New Year’s resolutions. Instead, you’re making plans to do better, be better, or make a change. However, some of those changes may actually relate to our work for you — especially if your goal is to “get organized.” To help you get started, here is a list of 5 legal related-items to help you start the year off right.

1. Update your Will.

Chances are, something has changed since you last updated your Will. It might be your job, your family, your house or car. Many things change from year to year, and it’s critical to keep your Will updated. Having the latest information makes the probate process much easier for your family. As part of this process, you can also check on your power of attorney and healthcare directives in case your preferences have changed. Maybe you need to change the person listed as your executor or as your agent under your Power of Attorney. Contact us to get the latest information on file.

2. Update your passwords — and prepare in case you pass away suddenly.

Organizing your digital life is challenging. There are so many websites with logins and passwords! Most people have an average of 130 online accounts associated with their email address. And while it’s not secure, many people still reuse the same password across multiple websites. Whether it’s your bank account or your social media page, the new year is a perfect time to change your password. Plus, one big thing many people never think about: what happens to all those accounts when you pass away?

Try a password management tool such as Lastpass or something similar. Such tools can:

Help you track all your passwords, so you don’t have to remember them.
Help you generate secure passwords, unique to each site.
Enable you to share passwords with a trusted person. You decide whether he or she can see the password or only access the account.
Enable you to set up your partner, spouse, or loved one as an emergency person who can access your passwords if you pass away.

3. Update your asset list.

Do you have a list of everything you own in case of burglary, fire, or water damage? Most people don’t. Even if you’ve created a Will with a list of assets and how they should be distributed, that isn’t the same as having a full list for your insurance company. The easiest way to set this up is to take photos or videos of everything. We recommend Evernote, an app that lets you store photos. You can quickly take pictures and sort them in Evernote by room.

4. Get a safe deposit box for your vital documents.

A fireproof safe isn’t necessarily fireproof! We’ve heard from many people who thought their important papers were protected. But during a fire, the documents inside your safe might still suffer from heat damage. They become unreadable and, therefore, worthless. Safe deposit boxes at a bank are not expensive. They will give you a secure place to store passports, birth and death certificates, your marriage license, your Will, other estate planning documents, your Social Security card, and more. Don’t risk having to replace those items.

5. Check your insurance coverage.

Speaking of insurance now is also an excellent time to check on your insurance coverage for your home, car, or other property. Make sure you have enough coverage and that you understand what is covered and what isn’t. For example, if your aging tree falls on your neighbor’s car, is that covered?

If you’re not sure about one of these legal-related items, or you need help updating your Will or organizing other legal documents, contact us today.

Merry Christmas from Kelly & West

Written by kwmlaw on December 23, 2019. Posted in Kelly & West News.

When and How Often Should I Update My Will?

Written by kwmlaw on November 18, 2019. Posted in Kelly & West News.

A Will is a legal document that spells out what you want to happen to your property and possessions after you die. Many people set up a Will at some point during adulthood but then stash it away — in a lockbox, safe deposit box, or buried in a closet bin believing they will never have to update it.

Estate planning attorneys such as our team here at Kelly & West will also file a copy at the courthouse so that you’re all set. However, there’s one step you might be forgetting: updating your Will.

In general, review your Will every three to five years to make sure everything is still accurate. There are also a few situations in life during which you need to tell your lawyers to make changes to this legal document.

Marriage/Divorce – In North Carolina, you cannot disinherit a spouse and if you are recently married you probably will want to include your spouse in your Will so you will want an update. Divorce may not invalidate your Will but you will probably want to update to whom your assets are transferred following your death if it’s no longer your spouse. And if you remarry, consider updating your Will again, of course.

Moving to Another State – The Will you create in North Carolina may be valid, but if you permanently relocate, you’ll want an attorney licensed in the new state to review your Will and he or she may even suggest making a new one, as many state laws differ. Probate laws vary by state also. Having your Will updated will make it far easier for your heirs to figure things out after you die.

New Children or Grandchildren – Typically, when creating a Will, parents appoint a legal guardian to care for their children in case the worst happens. Children are also usually listed as secondary beneficiaries after the spouse. As you add children to your family, be sure to update your Will to list them and ensure that they are included. Then, if you have grandchildren and wish to include them in your Will, you will want to let your attorney know as generally grandchildren are not included automatically by law in North Carolina unless your children die.

Significant Changes in Assets – When you buy a new property, boat, motor coach, or something else large, let your estate planning attorney know about it. That way, you can add it to your Will and reassess how your assets are to be distributed.

Severe Health Problems – If you have a heart attack, stroke, cancer, or other severe health crisis, you undoubtedly have a lot on your mind. However, it’s critical to sit down with your attorney to confirm everything is how it should be with your Will and especially in your Power of Attorney. A Power of Attorney is so important in protecting you as it can allow your agent to do things for you privately, without court involvement and/or supervision.

These are just some of the occasions in life when you need to update your Will. Contact us today if you have any other questions about your Will or estate.

5 Common Mistakes to Avoid if You’re in an Accident

Written by kwmlaw on November 13, 2019. Posted in Kelly & West News.

If you’re in an accident, bitten by a dog, slip and fall at the store, or get hurt in some other way, that’s what lawyers call a personal injury. After this happens, your first thought is (of course), “Am I OK?” After all, you’re hurt, and you may even need medical attention.

But if at all possible, there are a few other things to keep in mind for later — especially if your accident is caused by someone else. Personal injury cases are challenging for Harnett County residents because most of the time, you don’t want to be rude or make a fuss. But if someone else caused your accident and you need expensive medical care, we can help.

However, there are some things to keep in mind that can drastically change the outcome of your case. Avoid these common mistakes in personal injury cases:

Mistake No. 1: Failing to Document the Scene
Documenting the scene isn’t your first thought after an accident — and we don’t blame you! Most of us think about taking photos after a car accident, sure, but after any injury, take pictures. This evidence is critical because it will show the time, date, location, and circumstances. Take photos close up of injuries and where you are and stand back from the scene (if it’s safe) to take pictures from other angles. Photos of tire marks, location of vehicles, vehicle damage weather conditions, and even the lighting (or lack thereof) can help. If you slipped on the floor of a business, for example, you’d need photos showing lack of signage, the water or substance, and more.

Mistake No. 2: Saying Too Much
When you’re mad, it’s easy to want to tell everyone. But venting about the incident and saying too much can cause problems later, especially if you’re talking to the other person’s lawyer or insurance company. You might also say the wrong thing to the other people involved, family members, neighbors, or others who are nearby. These days, we’ve seen problems arise after people post on social media about their accident. Resist that urge to post! You may not realize at the time, but a skilled lawyer could use your words against you and flip the trajectory of your case.

Mistake No. 3: Skipping Medical Treatment Right After the Accident

Even if you believe your injuries don’t require a doctor’s care, you should immediately seek a medical evaluation by an orthopedic doctor and/or ER doctors — who are better suited to treat trauma than a family doctor. A doctor’s report connecting your injuries to the accident at hand is of the utmost importance in verifying the root cause of your injuries; their proper documentation can be used for your benefit in court.

Mistake No. 4: Admitting Fault

Generally speaking, it’s rarely a good idea to admit fault. Especially since, as a part of contributory negligence law in North Carolina, if a person is even slightly or 1 percent at fault in causing their own injuries, they are restricted from getting any recovery (money, in most cases). This is why you should speak with a lawyer immediately after an accident and avoid talking with others about the accident until you speak with a lawyer.

Mistake No. 5: Not Calling the Police

After an accident, especially on a busy road, people don’t always want to call the police. They don’t want to add drama to their lives; they are in a hurry to be somewhere. But stop for a moment and call the police so you can get an official report for your personal injury case. The other person may first admit guilt but later claim it wasn’t his fault. (This happens all the time.) The police report will include details your lawyer can use about how the accident occurred and sometimes this information is critical in proving your case.

These are just a few common mistakes we see with personal injury cases. If you, or loved ones, are involved in an accident that is not your fault, don’t hesitate to call on the professionals at Kelly and West to assist you with your specific case.

K&W Celebrates 37 Years in October

Written by kwmlaw on October 21, 2019. Posted in Kelly & West News.

When Reggie Kelly and Thomas West opened their Lillington law practice in 1982, neither guessed they’d be in business so long.

We love helping people get through tricky situations, and we’re flattered to have been in business this long. It means we’re doing something right. This year we’ve seen some growth in our staff.

Thank you to our incredible friends for your support and business throughout the years. We look forward to many more to come!

The Complicated Process of Estate Administration

Written by kwmlaw on October 8, 2019. Posted in Kelly & West News.

Estate administration is not easy. The days following the death of a loved one are an emotional and challenging time for the family of the deceased. The last thing they want to have on their plate is the process of claiming their loved one’s assets.

Most people assume someone’s belongings go directly to the family without any hiccups; however, probate — or the process of transferring legal ownership — can be challenging. Here are a few of the things you should know if you’re handling a decedent’s estate.

Do I really need to do this?

Many Harnett County residents assume they don’t need to go through probate. People often think that if you’re not rich and don’t have much, there’s no need to manage an estate. But that’s not true. If you have a house, car, or bank account, your family or someone may have to go through the probate process as any form of personal property that is titled, such as a car, will have to be transferred by the court. Even if your loved one had a Will, someone may still have to administer the estate.

How long does probate take?

Even when families are proactive and establish a Will, estate administration can take up to 12 months or longer.

Assets in Multiple Locations

If your loved one lived in one state, but also owned property in other states, you may need to go through probate in each state.

Meanwhile …

Your family member may be leaving you his or her money, car, or house. Even though you won’t yet have possession of those items, you may still have to make payments on a car or house and must pay property taxes, too, thus incurring a burden without the benefit during the time the assets are tied up in probate.

Public Records

Wills are public documents, meaning anyone can access them through the courthouse. If you are forced to enter probate, you will be required to register lots of information that you may prefer not to be public knowledge. That includes asset information about the deceased, personal information regarding the beneficiaries, and many other details. Administering an estate also requires you to fill out a lot of paperwork and provide documentation such as:

Bank statements;
Bank signature cards; and
Car titles and DMV records.

How much will estate administration cost?

Many people dive into estate administration, thinking it might not be so bad. After all, you may not want to pay a lawyer to manage it. However, if you go about the process on your own and make a mistake, it will likely cost more to hire a lawyer to fix it — and that is IF it can be fixed. While, yes, there is a cost to have someone handle the estate, it will go much faster when you hire an attorney, and it means a lot less work for you!

We recommend Harnett County residents set up a Trust in advance so their families can avoid this process. You can learn more about that here. Or, contact us if you need help with your loved one’s estate.

What to Know about Truck Accidents

Written by kwmlaw on September 25, 2019. Posted in Kelly & West News.

Semi-truck accidents, or accidents involved an 18-wheeler, are more common than you might guess. After all, millions of trucks drive our highways and Interstates each day, hauling food and goods across the country, including through North Carolina.

According to the Federal Motor Carrier Safety Administration, 4,657 large trucks were involved in fatal crashes in 2017 (the most recent year available).

The number of accidents involving trucks is going up. According to the most recent report:

The number of large trucks involved in fatal crashes increased 10 percent from 2016 to 2017, from 4,251 to 4,657.
The large truck involvement rate (large trucks involved in fatal crashes per 100 million miles traveled by large trucks) increased 6 percent, from 1.48 to 1.56.
The number of large trucks involved in injury crashes increased by 5 percent, from 102,000 to 107,000.
The number of large trucks involved in property damage only crashes increased by 3 percent, from 351,000 to 363,000.

Truck accidents tend to cause a lot more damage due to the size of the vehicle. Often those hurt or killed are passengers or drivers in other vehicles, again due to the truck’s enormity. Furthermore, there are usually more people involved, including the driver, the trucking company, and the drivers of other cars.

Common causes of these accidents include:

Loss of control, which may be caused by speeding or inattention
Rear-end collisions, sometimes caused by the driver of another vehicle stopping short in front of a truck
Running out of lane space
Overtired drivers and distracted drivers

Not all trucking companies and drivers are doing things wrong. But many cases over the years have shown that poorly maintained vehicles, overloaded trucks, and overtired drivers contribute to these accidents. Plus, today, it’s common for drivers to be distracted by phones and screens.

Some small car accidents may not require an attorney, but if you are involved in a truck accident, it’s critical to get legal help. The differences in these accidents, those involved, and the insurance tends to be more complicated — and the damages tend to be severe.

You can learn more about semi-truck accidents with our free download. Click the red bar on the right side of this page for the free info sheet. Or, contact us as soon as possible after an accident involving a semi-truck so we can gather essential evidence.

Your Legal Needs Through the Years

Written by kwmlaw on September 9, 2019. Posted in Kelly & West News.

Hiring a lawyer isn’t something most people do every day, so the process can feel intimidating. Often people think they may not need a lawyer at all, unless they are hurt in an accident. But there are plenty of times in life when it’s useful to turn to an attorney for guidance. We’ve created a fun infographic to show some of the stages of life when you should call Kelly & West to help, from traffic tickets to planning your estate.

Learn more about each of these stages.

16+ – Traffic Ticket

18 – Health Care Proxy and Power of Attorney

31+ – Real Estate/Buying a Home

30-35 – Will and Estate Planning

39 – Workers’ Compensation or Personal Injury

45 – Update Your Will

55 – Elder Law/Nursing Home Abuse (for your parents)

65 – Estate Admin/Probate (for your parents)

Update Your Will/Continue Estate Planning for Yourself

How Can I Help My Personal Injury Case Succeed?

Written by kwmlaw on August 22, 2019. Posted in Kelly & West News.

No matter the measures we take to avoid physical or emotional harm to our reputation or our bodies, the misfortune of personal injury is sometimes unavoidable.

If you’re concerned about whether you’re going to be fairly compensated for your injuries in a personal injury claim, make sure you pay attention to a few Do’s and Don’ts for the success of your case.

Do – Gather as much evidence as possible. Take pictures of your injuries and the accident scene and be sure to get contact information for any witnesses or anyone else who came on the scene.

Don’t – Wait until later to seek critical information. The fresher and more recent the evidence you gather about your injury, the better. It will be challenging to go back and recall what happened after the fact. If you or a family member can’t get a police report and immediate photos of the incident, do so as soon as physically possible.

Do – Understand negligence. In many personal injury cases, one person can be at more fault than the other; it’s important you’re aware of the degree to which you may be responsible for your own injuries. The results of your case could depend on the laws of negligence and on contributory vs. comparative negligence, so make sure you understand the difference.

Don’t – Talk with the insurance company or give a statement until you seek legal advice. Also, don’t assume the right to compensation based on being “less at fault.” Sometimes personal injury isn’t so straightforward. In some cases, being at all at fault can deny you any compensation. The more you understand about fault and how you may be at fault, the better equipped you are to deal with these issues in your case, before you talk with the insurance company.

Do – Research the full value of your claim. There are multiple types of damages you can sue for, and you should be aware of all of them. Your case doesn’t have to only revolve around one or two types of damages.

Don’t – Accept the first offer. The first offer is rarely ever the largest amount that the other party is willing to pay.

Do – Listen to your doctor. Answer all questions honestly and adhere to the rules and recommendations given by your doctor following an accident.

Don’t – Steer away from your instructed treatment, as this could be used to suggest that your injuries are less severe or perhaps non-existent.

Do – Cooperate with your lawyer. As with your doctor, you must answer all of your lawyer’s questions truthfully as well.

Don’t – Hide information from your lawyer. You must fully disclose former injuries, medical history, criminal background, and other factors that could come up in your case.

Consider having Kelly & West on your side to maximize your claim with decades of experience and extensive knowledge in personal injury specifically. The sooner you contact us, the more effective we can be. As stated above, it’s best not to wait. You can use live chat on our website or call us at 910-893-8183.

Kelly & West Welcomes New Team Members

Written by kwmlaw on August 8, 2019. Posted in Kelly & West News.

The Kelly & West team has changed quite a bit in the past several months. We recently updated our Meet the Team page so you can learn more about the faces you see when you stop by our office.

We hired three new team members in the past year:

Ashely Martin is our new legal assistant. Ashley graduated from Campbell University Magna Cum Laude with degrees in both history and political science. She joined our team this March. Ashley has become a very valuable team member. She is very bright and has learned her job quickly and is an overall joy to work with.

Ruth Nieto also joined us not long ago. Ruth is a Billing and Coding Specialist and has specialized training as a Medical Office Assistant, making her an asset to our personal injury department. With her training, she has been able to help us gather and process medical records and review medical bills, which have become increasingly difficult to interpret in light of complicated billing codes, laws, and billing adjustments. Ruth also speaks fluent Spanish.

Teri Lecesse joined our team a Personal Injury Paralegal after years of working in the insurance industry. Teri is a people person and loves to help people. She understands and values hard work, is very dependable, loves helping our clients, and is an overall asset to the team.

Special thanks, also, to Darlene Currin, who celebrated 30 years with us this year! Darlene model employee and an invaluable asset. Although her job title may officially read bookkeeper and human resource officer, she is much more than that. She wears so many hats in our organization and helps keep the company running.

Learn more about our team or our lawyers. Or, contact us to get help with your legal needs!

Car Accident: What is Contributory vs. Comparative Negligence?

Written by kwmlaw on July 30, 2019. Posted in Areas of Experience, Kelly & West News.

If you get into a car accident, you, of course, want to make sure the at-fault driver’s insurance pays for damage and medical bills. At the outset of your case, you may hear about contributory negligence versus comparative negligence. What do those terms mean, and why does it matter in your case?

First, negligence itself refers to who is at fault. Sometimes, figuring out who is at fault is not easy. For example, let’s say a person while visiting a store, slips and falls on something dark spilled on a white tile floor in the store. The person did not see the spill, but if she had looked, she could have seen it as it was clearly visible. Who is at fault? Most of us would assume that the store is more at fault in causing the accident as they should have cleaned up the spill so that any guests visiting the store would not slip. But an argument could also be made that the person could have seen it had she looked since it was clearly visible.

If you are involved in a negligence claim, you will want to get a better understanding of the differences between contributory and comparative negligence.

Contributory Negligence

North Carolina is one of four states (and the District of Columbia) that still recognize contributory negligence in personal injury law. This law prevents a person from recovering money in a personal injury lawsuit if he or she had even the slightest bit of responsibility for his or her injuries.

So, in our slip and fall example above, while the store might clearly be negligent for not properly cleaning up the spill, it is likely that the person who fell is also at least 1% at fault — she could have seen the spill had she looked, and she had a duty to look at where she was going. Thus, in N.C., the person who fell in the store is likely to recover nothing in N.C.

This is not so in other states.

Comparative Negligence

Comparative negligence allows the fault to be distributed between both parties — depending on who is more or less responsible for the injury. However, there are different versions of comparative negligence. Some states have “pure comparative negligence.” This means that if the plaintiff (the person who was injured) was found to be at fault by some percentage, say 25% for example, then the plaintiff would only recover 75% of his or her damages (100% less the 25% for the plaintiff’s fault).

So, in our slip and fall example in a state that practices pure comparative negligence, if the person who fell is awarded $10,000 in damages but is determined to be 25% at fault, then that person would recover $7,500 or 75% of her damages.

More commonly, states use “modified comparative negligence,” which means that the plaintiff will only recover if he or she is not more than 50% at fault.

So, in our slip and fall example, if it is determined that the person who fell is 25% at fault, that person would recover 75% of her damages, same as above. However, if the person is determined to be 51% at fault for some reason, say maybe she was running in flip flops after an employee had alerted her of the spill, then in a state that practices modified comparative negligence, that person would recover nothing because she is more than 50% at fault.

What This Means in North Carolina

Your North Carolina case may be affected by contributory negligence, as North Carolina law does not allow for comparative negligence. This means you may not recover anything if you are even just 1% at fault in North Carolina. In most personal injury cases, it’s best to contact an attorney who can help you sort out your approach before you talk with anyone about how the accident occurred.

Nursing Home Guidelines for Care: Is it Negligence?

Written by kwmlaw on July 9, 2019. Posted in Kelly & West News.

Nursing homes are hitting the news this year, including a case of abuse here in Lillington. As people read about this and as our population ages, more people are asking about long-term care facilities. According to the CDC, more than 4 million Americans are admitted to or reside in nursing homes and skilled nursing facilities each year. Nearly one million people live in assisted living facilities.

Questions often lead to more questions: after all, what is a nursing home compared to another type of facility? We’ve talked about the signs of nursing home abuse and also what you can do about it. But if you’re caring for your parents or loved ones, you should also know more about the laws for nursing homes versus other types of care facilities.

What is a Nursing Home?

There are many types of long-term care facilities. Here are some definitions, according to the National Institutes of Health.

● Board and Care Homes – Also called residential care facilities or group homes, these are small private facilities. Most have 20 or fewer residents, who receive personal care and meals, but no medical or nursing care.
● Assisted Living – This type of home is for those who need a bit more help, but not full care. Many offer different levels of care. Residents here usually live in their own apartments or rooms. Assisted living homes offer meals, assistance with personal care, help with medications, housekeeping, and laundry. They also offer supervision and social and recreational activities.
● Nursing Homes – A nursing home or skilled nursing facility provides a broad range of health and care services, with a strong focus on medical care. They may also offer physical or occupational rehabilitation or speech therapy. Some people live in a nursing home for a time after a hospitalization, getting extra care, but then go home. Other residents are permanent, requiring daily help and supervision.
● Continuing Care Retirement Communities – You might hear these called life care communities. These homes are a type of assisted living, with independent apartments for most residents, social activities, and some help when needed. Most CCRCs have a nursing home on site for those who need to move later in life.

Nursing Home Care — Photo by Matthias Zomer from Pexels

Some Nursing Home Guidelines

One thing to know about nursing homes, in particular, is that they are not allowed to discharge people except in limited circumstances. Nursing homes are also expected to maintain a standard of health care. Breaching these care guidelines can be considered negligence — something you can take legal action against if it occurs.

If you suspect abuse at a Lillington nursing home or Harnett County nursing home, contact us for help.

Dear New Dad: Time to Set Up Your Will

Written by kwmlaw on June 12, 2019. Posted in Kelly & West News.

Happy Father’s Day this month to dads old and new! If you’re a new dad in North Carolina, you may not have a Will set up. Why would you? For most people in their 20s or early 30s, a Will seems unnecessary. If you’re single or don’t own property, you might not think you need to put in place any legal processes.

Once you become a parent, “create a Will” should definitely go on your to-do list! Here’s why:

Why New Parents Should Set Up a Will

By setting up a Will, you get to decide who gets your money and possessions. You may not have much, but what you have you probably want to be given to your spouse and/or child.
Without a Will, your assets may be left hanging for a year or more while the process works itself out in the court.
Meanwhile, your bank accounts, assets, and family information are listed in the public record.
If you don’t have a Will, a member of your family will have to figure all this out without you. He or she may not direct your assets as you would wish.
As you create a Will, you can also determine who will care for your child if you die before he/she turns 18.
While you could handwrite a Will, there’s no guarantee someone will find it and submit it to court, and it could be lost or destroyed over the years and may not even be a valid Will.
Setting up a Will does not take long, and it’s often not expensive.

Questions about creating a Will in North Carolina? Read more. Or contact us to get started on creating a Will in Harnett County.

Other Estate Planning Resources

The Kelly and West team have been helping people set up Wills, Trusts, and Living Wills for decades. We’ve compiled a lot of helpful information on this topic. Here are some of those resources:

8 Things You Probably Didn’t Think about When Planning Your Estate Until You Had to Deal with It
What’s the Difference Between an Executor and a Beneficiary and Can They Be the Same?
Top 10 reasons you need a Will
8 Questions (and Answers) about Creating a Will in North Carolina
It’s best not to use software or an online service to create a Will. Here’s why.

Mistakes that Hurt Your Workers’ Compensation Case

Written by kwmlaw on May 29, 2019. Posted in Kelly & West News.

Worker’s compensation is there when you get hurt at work. But applying for this payment is not the easiest process. A lot of people get hurt or sick due to work and later ask about workers’ compensation only to find out they don’t qualify — but only because of the timing or some other error.

Most companies are required to carry workers’ compensation insurance. According to the NC Industrial Commission, a company must carry a policy if they employ three or more employees, including those operating as corporations, sole proprietorships, limited liability companies, and partnerships.

If you work in a risky setting, read up on workers’ compensation so you can avoid these mistakes that might cost you later.

Mistakes that Hurt Your Workers’ Compensation Case

Not getting medical attention. After you are hurt or get sick because of your work, seek medical attention. Let your doctor know this happened at work and ask him/her about documentation.
Not reporting the problem to your employer. If you are badly hurt, obviously you must first get medical care. But you need to let your employer know you were hurt or injured on the job.
Not speaking to a lawyer. While you may choose not to hire anyone to help you, most people find it beneficial to at least consult with an attorney. That way you know what to do and when! If nothing else, the fact that you spoke with a lawyer will help you feel more confident. If your company offers a settlement, definitely ask a workers’ compensation lawyer to review it before you agree.
Photo credit: Connor Tarter on Visual Hunt / CC BY-SA
Waiting too long to file your claim. In North Carolina, you must file a Form 18 Notice of Accident to Employer and Claim of Employee, Representative or Dependent within 30 days of the accident. (Watch our video on how to file a workers’ compensation claim.)
Assuming your health insurance will cover your medical costs. While the insurance may cover it, you might also find out too late that you have extra bills as the health insurance may refuse to pay the bill if the health insurance company discovers that you filed a workers’ compensation claim.
Failing to keep good records. Once you are injured or sick, write down times, dates, and details about the incident and any discussions you have with the company or their insurance. Take photos of your injury as soon as you can.
Not following the doctor’s orders. If you try to get back to work too soon or back to sports or other physical activity, you may injure yourself further. But in some workers’ compensation cases, things get ugly. If you’re posting on social media about your fun with your baseball team, your company’s lawyer may argue you don’t need money or time off.

Get our free workers’ compensation information sheet on this page (the red bar in the right-hand side). Or, contact a Lillington workers’ compensation lawyer today for help.

5 Misconceptions about Lawyers and the Law — and the Truth about Lillington Lawyers

Written by kwmlaw on May 15, 2019. Posted in Kelly & West News.

Most Harnett County residents will need a lawyer at some point during their lives. While of course, many people won’t need a criminal defense attorney, we all need help with real estate, Wills, Trusts, and end-of-life planning.

Some people associate lawyers with being “money hungry,” the law as “corrupt,” and working with a lawyer as “helping the guilty.” We know it’s easy to blame lawyers for things, but most attorneys are committed to helping their clients navigate a complex system. Have you heard any of these misconceptions about lawyers and the legal profession?

Misconception: Lawyers take advantage of clients by charging high prices in times of need.
Truth: People sometimes believe that lawyers charge exorbitant prices because they know people are desperate and will pay either way. However, Lillington, NC lawyers contribute hours of energy, research, and time into a case. Most lawyers work more than 40 hours per week. The fees lawyers charge vary by location and type of attorney. While the cheapest isn’t always best, you can, of course, meet with multiple lawyers and discuss pricing before making a decision. There are more expensive and less expensive lawyers, and it’s up to you to decide what you need.

The Harnett County Courthouse. Photo by North Carolina Judicial Branch.
Misconception: Lawyers sometimes lie to win a case.
Truth: When lawyers are sworn in, they agree to high ethical standards. When you’re in court, you swear to speak nothing but the truth. Lying in court or on records can put a lawyer in trouble the same way it can for anyone testifying.
Misconception: Big companies always win against “the little guy.”
Truth: If you’re involved in a workers’ compensation case or personal injury case, you might feel intimidated by corporations and their legal teams. However, that doesn’t mean you should not speak to an attorney about your situation and consider suing for your rights.
Misconception: You don’t need a lawyer for a real estate closing, to create a Will, or in many other non-court situations.
Truth: Life is full of situations that require legal documents or a legal process, even if you don’t need to appear in court. For example, in a car accident, your attorney can help you gather evidence to help get your insurance settlement. When planning out your Will and estate, a lawyer will make sure the legal documents are set up properly, so your family doesn’t have to manage it later. A lawyer is your advocate, the person making sure all that confusing legal jargon is working for you — not against! So even for “just” a real estate closing, it’s critical to have someone checking on your behalf.
Misconception: Lawyers know how to argue.
Truth: While presenting an argument is part of being a lawyer, often the most essential part of our work is research, reading, and writing. We spend hours poring over documents, legal texts, keeping up with changes, and more — all to stay on top of our work.

If you have questions about hiring a Lillington, NC lawyer, please reach out to us to learn more.

When is a Pedestrian at Fault in a Car Accident?

Written by kwmlaw on April 23, 2019. Posted in Kelly & West News.

Typically, when we think about accidents between a vehicle and a pedestrian, we assume the driver is probably at fault. However, from a legal standpoint, that is not always the case. There are times when the pedestrian is at fault or assumes at least partial responsibility in a vehicle-pedestrian accident.

As the weather warms up, more people are out walking around Lillington and Harnett County for exercise, or to get places — far more pleasant now that the weather isn’t miserable! Here is what you need to know whether you are the pedestrian or the driver if you are involved in an accident.

Determining Fault in a Vehicle-Pedestrian Accident

Pedestrians refer to any person on foot, walking, jogging, running, hiking, pushing a stroller, sitting, lying down, or otherwise hanging about a road or highway. Pedestrians also include children playing alongside or in the middle of a street.

Distracted driving, driving too fast, and drunk while under the influence are the most common causes of severe or fatal accidents involving pedestrians. However, pedestrians are also distracted because of cell phones or other street stimuli. Pedestrians jaywalk, and they also walk on roadways while intoxicated. Pedestrians who dart and dash into the road or fail to yield put themselves at risk.

In 2017 in North Carolina, 8.9% of all pedestrians involved in a motor vehicle crash were killed. In 2017, 5,977 pedestrians were killed in traffic accidents across the country. That accounted for 16 percent of all traffic fatalities and a 1.7-percent increase in pedestrian fatalities from 2016. Each year, more than 3,000 pedestrians are hit by vehicles in North Carolina, making North Carolina one of the least safe states in the U.S. for walking. On average, about 160 pedestrians are killed each year in our state.

The duty of assigning fault in a legal claim arising from a traffic accident may be simple depending on the evidence available. Maybe there are numerous witnesses, a camera that caught the entire incident, the accounts of both the driver and pedestrian, the applicable laws like speed limits, the findings in the police report, and sometimes even expert testimony. Jurors or an insurance adjuster takes all these different pieces into account to determine who was at fault in the accident.

Reasons a Pedestrian May Be At Fault

If the pedestrian is found at fault for the accident, most likely the walker will not be able to recover compensation for injuries. Conversely, the pedestrian may be sued to compensate the driver for any harm caused to their car or themselves.

Here are a few instances when a pedestrian may be found wholly or partially at fault:

Crossing against the traffic signal, meaning the hand says, “Stop,” but you go instead.
Crossing in the middle of the street.
Crossing outside of a crosswalk.
Crossing a street or entering a road while intoxicated.
Failing to look before crossing the street and running into the path of oncoming vehicles.
Walking anywhere where pedestrian access is prohibited, e.g., bridges, highways, causeways, etc.

Shared Fault in Pedestrian Accident Cases

Usually, even when a pedestrian bears partial blame for causing an accident, chances are the driver is also partially at fault. For example, a walker may have disobeyed the traffic signal, looked both ways and crossed the street, but a driver speeding through the intersection quickly made a right on red, hitting the pedestrian. Drivers are obligated to be free from distraction and traveling at a safe and posted speed. Likely there is shared responsibility in an accident of that kind.

Contributory Negligence for Vehicle-Pedestrian Accident Claims

North Carolina is one of the few states that has contributory negligence. This means if you are involved in an accident in North Carolina, and it is determined that you were partially at fault for the crash, even 1%, you cannot recover against the other party for any damages you received in the accident.

Most states follow a comparative negligence rule, which means a pedestrian’s compensation will have a percentage deducted to account for their contribution to the accident. In short, if the driver can prove some negligence on the part of the pedestrian, the pedestrian’s compensation will be reduced accordingly. For example, if a pedestrian is found to be 30% to blame for the accident, they will only receive 70% of the compensation they would have been entitled to if the accident had been entirely the driver’s fault.

In Conclusion

From a legal standpoint, both pedestrians and drivers have to exercise reasonable care on the roads and highways. The responsibility lies with all people using the roadways. A driver or pedestrian who fails to exercise such care will be considered negligent if his or her action causes an accident. Have you been involved in an accident? Whether you were the pedestrian or a driver, call us for a consult. 910-893-8183

What to Do If You’re in a Motorcycle Accident in North Carolina

Written by kwmlaw on April 11, 2019. Posted in Kelly & West News.

Warm weather is finally here; it’s the season to dust off your bike and ride through the town. You may hear people speaking about how dangerous and scary riding is and what could happen to you. As a rider, you know those risks. As one motorcycle riding teacher put it, “It’s not a question of if you’ll get into an accident, but when.” What you might not know is what comes next — what to do if you’re in a motorcycle accident. So let’s look at a few aspects of motorcycle accidents and what to expect.

Safety

First things first, you must have your motorcycle license to ride one in North Carolina. You should not and cannot drive without the proper tests. However, you can skip the DMV exam by taking this safety course.

Always be wary on the roads; do not get overconfident. Remember, cars are bigger than you. Practice, practice, practice! It’s beneficial to practice with passengers or a load on your motorcycle, but be knowledgeable on how to adjust accordingly. Before every ride, check the tire pressure, tread depth, brakes, headlights, signals, fluids, and for leaks. Inform the passenger on the proper way to ride. Most importantly, wear the appropriate safety gear.

How Accidents Occur

According to North Carolina’s DMV, 151 motorcyclists were killed and 3,162 motorcyclists were injured in accidents in 2016. These accidents typically result from speeding, distracted driving, alcohol, and lane departure. Many accidents happen when cars are making left hand turns; they do not see motorcyclists. Drivers are more frequently distracted due to phone use, so it’s crucial to stay cautious at all times.

Motorcycle accidents are different from car accidents in many ways, as we discussed in this blog post. One thing to note: in motorcycle crashes, the law of “negligence” applies. A driver is liable for injuring the biker if they are found to be negligent, or reckless, and if the rider is not negligent. A person in a car is often more likely to be liable for an accident for not seeing the biker, but in some cases, the biker may be found negligent. Careless driving, speeding, unnecessary passing, and swerving can all be the fault of the biker. If the biker is at fault for the accident, then it will normally prevent monetary recovery.

What to Do if You’re in a Motorcycle Accident

If you find yourself in a motorcycle accident and are injured, go to the hospital and get the necessary medical treatment and take photos of your injuries as soon as possible. It is best not to discuss how the accident occurred with the insurance adjuster. Contact us to see if you have a valid claim and to discuss what we can do to help you with your medical treatment and the handling of your injury claim.

If you find yourself in a motorcycle accident, contact Kelly & West for help.

What’s the Difference Between a Suspended and Revoked License?

Written by kwmlaw on February 26, 2019. Posted in Kelly & West News.

Drivers who get a few tickets or experience a car accident will soon learn about the North Carolina “points” system for a driver’s license. If you have multiple driving violations, you will begin to hear about either a license suspension or revocation. Both of these punishments occur due to reckless or irresponsible driving. But what’s the difference?

A suspended license means your driving privilege is temporarily withdrawn for a specific period. You may be able to get your license back after meeting certain terms.

A revoked license means your driving privilege is terminated. You can only get it back if you meet eligibility requirements and any conditions or terms set forth in a hearing with the N.C. Division of Motor Vehicles.

The primary difference between these situations is that a suspended license is temporary, and a revoked license is indefinite or even permanent. That’s why a revoked license is a more pressing punishment than a suspension.

Types of Suspensions

There are two types of suspensions: indefinite and definite. A definite suspension has a set end date, while an indefinite suspension includes a list of actions one must pursue to obtain driving privileges again.

Here is the breakdown of the two:

Suspended License

The act of suspension derives from incautious driving and each offense generates points onto one’s license. North Carolina applies points to a driver’s license with the following guideline:

First suspension: 60 days
Second suspension: six months
Third suspension: one year

If a driver’s points accrue to 12 points in three years, then a suspension may be followed. The following are examples of violations and the number of points added:

Passing a stopped school bus – five points
Not stopping for a siren – three points
Driving on the wrong side of the road – four points
Not stopping at a stop sign – three points
Driving through a red light – three points

What to Know about a Revoked License

If you keep up the behaviors that lead to a license suspension, you have a good chance at getting your license revoked. You might also get your license revoked if you are convicted of multiple DUI’s and numerous acts of drag racing or reckless driving.

If you are notified that your license will be revoked, talk to a traffic ticket lawyer about your options. Going to court and speaking to a judge may give you a chance to drive again — eventually. You may face charges, assigned courses, and specific demands. Please note: If a person with a revoked license drives, he or she can face jail time or hefty fines.

Are you facing a suspension or revocation of your license? Contact our team for advice and help.

Uninsured Motorist Policy: Why It Pays To Have One

Written by kwmlaw on February 13, 2019. Posted in Kelly & West News.

If you’re in a crash caused by an uninsured driver or you’re involved in a hit-and-run crash, it pays to have an uninsured motorist policy. Uninsured motorist coverage, or UM, helps you pay for damages, including injuries you or your passengers suffer, caused by a driver who doesn’t have car insurance.

Americans are driving more and more. Meanwhile, the percentage of uninsured drivers is crawling upward. Did you know 1 in 8 or about 13 percent of drivers are uninsured? Crashes, injuries, and fatalities all saw at least a 4 percent increase in North Carolina from previous years.

The possibility of being hit by an uninsured motorist is a very real concern. While collision coverage will likely pay for damage to your car if an uninsured driver hits it, your claim check will likely be reduced by the amount of your collision deductible. Health insurance will also pay for medical treatment after a car wreck, but again, it depends on your policy. It’s unwise to wait for an accident or emergency to worry about who and how everything will be paid for.

Cost of a Car Accident
Wondering how much a car accident will cost? Of course, it depends on the damage, but here are some averages that may help:

A windshield replacement ranges from $200 to $900.
A damaged bumper ranges from repair to replacement and will cost anywhere from $400 to $1,500.
Typical dents and dings cost about $50 and $150, but accident damage will likely be thousands of dollars.
Labor costs range between $75 and $150 per hour, which means labor alone can significantly inflate the cost of auto body repair.
The average auto liability claim for property damage was $3,231.
The average auto liability claim for bodily injury was $15,443.
Americans spend more than 1 million days in the hospital each year from crash injuries.
On average, each crash-related emergency department visit costs an individual about $3,300.
ER visits that lead to hospitalization cost about $57,000 over a person’s lifetime.

Uninsured Motorist Policy Requirements in North Carolina

North Carolina requires drivers to have uninsured motorist bodily injury coverage (UMBI) as well as uninsured motorist property damage (UMPD). While this may seem like an inconvenience, it’s actually a proactive way to protect yourself, your passengers, and your property. These are relatively minor costs compared with the extensive repair or medical bills from the result of a crash. Anywhere from 20-50 million people are injured or disabled as a result of car accidents each year.

Opting into an uninsured motorist policy doesn’t drastically increase your overall bill and think about it: if an uninsured driver isn’t paying for insurance, do you think he or she will be able to cover damages after an accident? Probably not. NerdWallet analyzed car insurance rates in several states for 30-year-old motorists with clean driving records. They found that California had the highest rate increase after adding these coverage options, roughly $9 per month and Illinois had the cheapest, at around $3 extra per month.

If you think you’re a great driver and an accident will never happen to you, think again. There are a host of reasons why automobile accidents happen every day. Most accidents are caused by distracted, intoxicated, and hurried drivers. Just because you are a great driver does not mean you are able to avoid the 250,000+ accidents that happen in our state each year alone. You actually have a likelihood of being involved in four car accidents over the course of your life.

Main Causes of North Carolina Crashes

Consuming alcohol or drugs
Reckless driving
Improperly changing lanes
Lane departures
Overcorrecting
Crossing the centerline
Distracted driving
Tailgating
Improper turns
Failing to yield the right of way
Disregarding traffic signs

Most Recent North Carolina Traffic Crash Statistics

1,441 persons killed per year
130,137 persons injured per year
267,494 traffic crashes reported per year
Out-of-state drivers were involved in 6.6 percent of all reported crashes

Uninsured motorist coverage is mandatory in North Carolina for limits of $30,000. There is hardly a week that goes by that we do not have clients that do not have a desperate need for uninsured motorist coverage and/or underinsured motorist coverage. We recommend to all our clients that they purchase $1 million of combined uninsured motorist coverage and underinsured motorist coverage. The cost of the premium is very reasonable for $1 million of coverage. That way you are protected whether the responsible driver has no insurance or simply does not have enough insurance. Either way, you and your family would then be protected up to $1 million for your injuries, death, or damages. Being involved in an automobile accident is stressful enough. Before the inevitable happens, make sure you’re properly covered.

What to Do if You’re Hit by a Drunk Driver

Written by kwmlaw on January 11, 2019. Posted in Kelly & West News.

Alcohol reduces the function of the brain. It impairs one’s thinking, decision making, and muscle coordination. Safely operating a vehicle requires quick thinking, sound reasoning, and solid decision making. It’s unwise to drive while under the influence, but what if you are sober and a drunk driver injures you? Thankfully, there is recourse in the form of a personal injury lawsuit.

Accidents involving alcohol often result in higher compensation for innocent victims. To have a valid personal injury claim, you must have suffered an injury to your body. The damage must also be someone else’s fault. However, it’s not always necessary to have a physical injury to bring a personal injury lawsuit. Lawsuits may be based on a variety of nonphysical losses and harms as well. Here’s what to do if you find yourself in an accident with someone who appears to be intoxicated.

First Steps To Take If You Were Hit By A Drunk Driver

Call the police and have the accident properly documented. The documentation is crucial for filing an insurance claim and lawsuit against the person who caused the crash. It is your civic duty to call the police so that the intoxicated person doesn’t get back behind the wheel. A police accident report is also a critical piece of evidence when it comes to seeking compensation for the damages and injuries that were sustained in the accident.

Collect as much information as possible from the scene of the accident. Take photographs of the accident scene, collect the at-fault driver’s insurance information and contact information, record potential witness accounts, and photograph any visible injuries you and your passengers have suffered.

Cooperate with police questioning; they will want to know exactly what happened and how the accident took place. It is of the utmost importance to provide an accurate account of what happened. Do not exaggerate, elaborate, or lie about what took place. Leave out any speculation and only offer facts to questions that you are asked. Lastly, if the police asked if you are injured, do not say no. You may be experiencing shock and adrenaline, which momentarily dulls your pain. It is okay to tell the police that you are unsure whether you are hurt or not.

Seek medical treatment immediately after leaving the scene of the accident or at the scene itself. Never refuse medical treatment because some injuries take hours or days to present themselves. Just because you do not immediately feel pain does not mean you are unharmed. A medical professional will be able to diagnose any injuries and treat them before they turn into a chronic pain condition. Seeking medical treatment is also another piece of critical evidence. A medical expert will be able to accurately document your status, which will make it easier to obtain the maximum amount of compensation during the settlement process.

Call Kelly & West for legal advice to seek the maximum amount of compensation for any injuries and damages that were caused as a result of the accident. Hiring a lawyer that only takes personal injury cases is crucial to get you the compensation you deserve. Your attorney at Kelly & West will conduct a thorough investigation using all the evidence available to be successful in your settlement case.

Fast Facts

BAC is measured with a breathalyzer, a device that measures the amount of alcohol in a driver’s breath, or by a blood test.
29 people in the United States die in alcohol-impaired vehicle crashes every single day.
Drunk-driving crashes claim more than 10,000 lives per year.
28% of all traffic-related deaths in the United States are a result of drunk drivers.
In 2010, the most recent year for which cost data is available, drunk-driving deaths and damages contributed to a cost of $44B per year.
In 2016, more than 1 million drivers were arrested for driving under the influence of alcohol or narcotics.

What to Know: The Effects of Alcohol

Alcohol is absorbed directly through the walls of one’s stomach and small intestine. From there, it passes into the bloodstream where it accumulates until the liver metabolizes it. Alcohol wreaks havoc on the central nervous system resulting in poor decision making and delayed reactions.

Alcohol is measured by weight in relation to the volume of blood, known as Blood Alchohol Concentration, or BAC. While the illegal BAC is .08 grams of alcohol per deciliter of blood, even a small amount can severely affect one’s driving. In fact, according to the Nation Highway Traffic Safety Administration in 2016 alone, there were 2,017 people killed in alcohol-related crashes where drivers had lower alcohol levels ranging from .01 to .07 g/dL.

As one’s BAC increases, so does impairment. With a couple of drinks, a drunk driver will experience a decline in visual function and the ability to multitask. With another drink, reduced coordination, ability to track moving objects, and the ability to respond to emergency situations also occur. With yet another drink, concentration strays, memory loss occurs, speed control is reduced and the ability to maintain lane position and brake appropriately occur. The compounding effects of alcohol result in the complete inability to operate a vehicle responsibly.

Consequences For Impaired Drivers

Enforcement of driving while impaired has been a significant factor in reducing alcohol-impaired-driving deaths since the 1980s. If caught, drunk drivers may be charged with anything from a misdemeanor to a felony. If you are involved in an accident with an intoxicated driver, no matter how minor, it is important to report it. You are fulfilling your duty as a member of society by ensuring intoxicated drivers are penalized and removed from the road which hopefully results in fewer accidents in the future.

Possible Benefits Awarded For A Personal Injury Settlement

Hiring a personal injury lawyer helps ensure you get the maximum benefits of a personal injury settlement. Compensation for personal injury may include compensation for the following:

Medical expenses
Lost wages
Pain and suffering
Death benefits

If you have been involved in an accident involving an intoxicated driver, you need experienced legal representation. At Kelly & West, we have over 30 years of experience representing clients in personal injury lawsuits and traffic accidents that involve drivers who are under the influence. You deserve to be compensated for your injuries, contact us.

Merry Christmas from Kelly & West!

Written by kwmlaw on December 11, 2018. Posted in Kelly & West News.

What’s the Difference Between an Executor and a Beneficiary and Can They Be the Same?

Written by kwmlaw on November 20, 2018. Posted in Kelly & West News.

Executors and beneficiaries have a unique relationship under the law. An executor manages a deceased person’s estate and a beneficiary is an individual who will inherit that property. While the executor and beneficiary can be the same person, you should give it some thought when drawing up your Will.

The Executor’s Role

An executor is an individual who is in charge of managing a deceased person’s estate. An executor’s duties include gathering assets, notifying creditors, paying valid claims, and distributing assets to beneficiaries.

An executor has a fiduciary duty, which means an obligation of utmost loyalty; he or she must not take actions that would benefit him or herself or other beneficiaries at the expense of the other beneficiaries. The executor must ensure the deceased’s assets are accounted for, debts paid, and estate taxes filed, if necessary. The executor is also responsible for ensuring there are as much of the deceased’s assets to distribute to the beneficiaries as possible.

Even if a person is named as the executor, he or she does not have to accept that position. He or she may decline the appointment immediately or during the process if unable to complete the executor’s responsibilities. An executor is also able to consult with attorneys, accountants, and other professionals to ensure the estate is being properly managed.

A Beneficiary’s Rights

A beneficiary is the individual or individuals named in a will that will inherit property from the deceased. Anyone can be a beneficiary, a spouse, children, other relatives, friends, and even charities.

Beneficiaries have rights that entitle them to information about the estate from the executor. Beneficiaries may ask what assets are included in the estate, how much debt the estate must pay, and which assets will be used to settle the said debt. Asking for ongoing reports from an executor is perfectly normal.

Can the same person be the executor and beneficiary?

Yes, the executor and beneficiary can be named as the same person in the Will. It’s perfectly normal and legal. It’s actually a common approach because the executor should be someone you know and trust and it’s common sense that your beneficiaries fall into that column.

Conversely, an executor may be someone you know that is not a beneficiary. Maybe you want your four children to inherit everything, but instead of putting one of them in charge, you name your sister or best friend to act as an independent executor.

Downsides

The beneficiary is the one who benefits from the executor’s work, so if you have a number of beneficiaries, it may be easier to separate those roles in order to simplify relations among all parties.

The executor has an equal responsibility to each beneficiary to ensure the property that the deceased wanted them to have, gets passed on. If one of the beneficiaries is also the executor, this process can become difficult, especially if assets must be sold to pay debts. Closing an estate and dividing assets can become increasingly difficult if there are multiple beneficiaries with one of them acting as executor.

Making the Choice

Choosing your executor is important. You want to be confident that whomever you choose will be able to carry out the role of finalizing your estate and doing so fairly. Remember, being an executor may involve calculating the value of your estate, calculating any taxes owed, selling or transferring property or investments to pay off debt, and that’s all before the duty of distributing your estate to your beneficiaries.

Because of the work involved, and the fact that an executor can be found personally liable if anything goes awry, choose carefully and ask their permission first. Whichever route you go, it is vital that the executor and all beneficiaries have a clear understanding of their rights in regards to an estate in order for things to go as smoothly as possible.

If you have any questions about your estate or need help choosing the appropriate executor, please contact us.

The Top 5 Personal Injury Claims

Written by kwmlaw on November 13, 2018. Posted in Kelly & West News.

Personal injury is a fancy way of saying you got hurt — and it’s something someone else caused or could have prevented. Accidents happen every single day, but if you get hurt in one, you may feel concerned or worried about paying for your medical bills or time you missed from work. That’s why people may choose to file a personal injury claim, a way of seeking monetary benefits for an injury caused by another person or company.

In 2017 alone, Nationwide insurance company paid $18.7 billion in claims to its members. Here are the top personal injury claims that affect most people:

Car Accidents

Yearly, there is estimated to be more than 6 million vehicle-related accidents in the United States. While this number is only increasing, drivers, pedestrians and bicyclists are in danger. Distractions such as smartphones, navigation systems or car-related functions might be the reason. Regardless, if you have been injured in an accident that was not your fault, you may be eligible for compensation. Make it a priority always to always visit a doctor after an accident, even if you feel fine. There are many cases where victims did not suffer physical injuries but sustained many internal injuries.

Slip and Fall

Slip and fall claims are a common personal injury claim. A slip and fall can occur anywhere, at work, home, in a restaurant. Elderly people are more likely to sustain a severe injury after a fall. Damage to the hip, head, back, and neck are very common. It may be difficult to prove a slip and fall claim. Contacting a lawyer after a slip and fall incident is crucial.

Product Liability

There is an average of 20,000 product liability claims that are filed in the United States each year alone. Many cases of product liability claims are defective toys, dangerous pet products, unsafe medical devices. Product liability typically has one of the highest average compensation values.

Workplace-Related Injuries

Have you fallen on the job? Work-related injuries are very common and can happen to anyone. Work-related injuries are often unreported due to fear of termination, but that means someone else may get hurt later in the same way. If you have been injured at work, report it immediately and contact a lawyer.

Medical Negligence

Medical negligence is another very commontype of personal injury claim. Medical negligence occurs when a healthcare provider doesn’t meet an adequate level of standard care required for a patient. This malpractice causes injury or harm as a result. There are many ways to prove medical negligence has occurred. Some examples are, failing to tell a patient of known risks, failure to diagnose, doctors negligence caused the injury and improper treatment was administered. Medical negligence is among one of the hardest and complex claims to prove and win; it requires many witnesses that must be willing to testify. However, that shouldn’t scare you off if you feel something wasn’t right with your medical care.

If you have questions about a personal injury, contact us for a free consultation.

10 Frequently Asked Questions concerning Workers’ Compensation Claims and Benefits in North Carolina

Written by kwmlaw on October 24, 2018. Posted in Kelly & West News.

Getting injured on the job is stressful enough. What are the first steps for securing workers’ compensation? Where do you seek treatment and how do you get paid? Below are the answers to all those questions and more. Whatever happens, stay calm, file an injury report, and get treatment. Or call Kelly & West if you have a serious injury and are unlikely to return to work.

Q. Under what circumstances can I file a claim for Workers’ Compensation Benefits?

A. In North Carolina there are three main circumstances under which you are eligible:

The most common is Injury By Accident. This means your regular work routine was disrupted by an unusual circumstance that resulted in your injury. Even if you think the accident was your fault, you may still be able to request benefits.

The second type of circumstance is Specific Traumatic Injury, in this case, you can get compensation if you performed a normal task in which you sustained an injury to your back even if there was no specific accident, so long as you experienced a sudden onset of pain.

Lastly, Occupational Disease. This is when a worker is exposed to a disease or the disease’s development increased because of the workplace.

Q. What should I do first if I am injured at work?

A. First, notify your employer of the details of your accident and your injury. It is best to do so in person and in writing to ensure you do not lose any legal rights you may have for workers’ compensation benefits. You will also want to formally file a claim by completing a Form 18, Notice of Accident to Employer and Claim of Employee, Representative or Dependent for N.C. Workers’ Compensation Benefits, with the North Carolina Industrial Commission, as instructed below.

Second, if you require immediate medical assistance, ask your supervisor for instruction. Your employer may have a health care provider on your work site. If that is not the case, your employer may ask you to visit a designated healthcare office.

If your employer is not onsight and you are unable to ask about a designated off-site health care provider, seek medical care appropriate to your needs. Depending on your injuries, care may be obtained from emergency services or your regular family doctor.

If your injury was an emergency and you were not able to alert your employer, as soon as possible after the accident, and within thirty days, you must give written notice to your employer. This can be a simple written statement giving the date of the accident and a brief description of the injury. If you cannot write the letter, have a family member write it for you and send it to the employer. Keep a copy of the letter for your records.

Q. Why can’t I see my own doctor?

A. Under North Carolina state law, the employer or its insurance company is required to provide and direct medical treatment. You may petition to change physicians however payment by the employer isn’t guaranteed unless written permission to change physicians is obtained from the insurance company or the North Carolina Industrial Commision prior to the change.

Q. How soon after the accident do I have to file a workers’ compensation claim?

A. In North Carolina, you have thirty days to report a workers’ compensation claim to your employer. We recommend you file your claim in writing immediately or as soon as possible. You must also file Form 18, a Notice of Accident to Employer and Claim of Employee, Representative or Dependent for N.C. Workers’ Compensation Benefits, with the North Carolina Industrial Commission and provide a copy to your employer and/or its insurance carrier. Timeliness in these matters is extremely important.

Q. How much will I be paid?

A. This depends on the status of your injury and your ability to work. If you experience Temporary Total Disability (TTD) and you are unable to work in any capacity, but the disability is not expected to be permanent, after a waiting period of seven days you can expect to be paid weekly benefits equal to two-thirds of your average weekly wage. If your disability continues for more than 21 days, you are also entitled to receive two-thirds pay for the first seven days.

If you experience Temporary Partial Disability (TPD) and are earning less than you were previously due to the injury, you are also entitled to compensation equal to two-thirds of the difference between the pre-injury and post-injury weekly wages for a period extending up to 500 weeks.

If you experience Permanent Partial Disability (PPD) and have sustained a permanent disability to a particular body part, the loss will be calculated by the treating physician on a percentage basis. This is referred to as a PPD rating and you will be entitled to compensation equal to two-thirds the average weekly wage for that particular rating and for a period of time that is calculated by the North Carolina Industrial Commission. For example, if a worker loses complete use of an arm, he or she can receive benefits for 200 weeks. If the worker loses 50% use of an arm, he or she can receive benefits for 100 weeks.

If on the job injuries render you unable to work for the rest of your lifetime, Total and Permanent Disability benefits may be entitled to you. In this case, a worker would receive weekly benefits and medical compensation for life.

Q. Can my employer fire me if I am unable to work?

A. In short, yes, your employer may fire you if you cannot work. Legally any employer may fire an employee for any reason at all, as employees are “at will” employees in North Carolina, as a general rule. However, if you are fired solely because you a worker’s compensation claim, this is not legal and you will want to seek legal advice to determine the best way to proceed.

Q. Can I collect monies for my pain and suffering?

A. In North Carolina, no you cannot. The workers’ compensation laws were designed to avoid collecting punitive damages and money for pain and suffering as part of the legislative tradeoff for not having to prove the accident was caused by or the fault of your employer

Q. Do I have to pay taxes on my workers’ compensation benefits?

A. No. In North Carolina, workers’ compensation settlements should be fully tax-exempt if paid under the Workers’ Compensation Act but you will want to verify this with your C.P.A. to be sure.

Q. Will I have to go to trial?

A. That depends. You may have to go to a hearing. Hearings usually take place when there is an area of dispute in the case. The hearing may take place over the phone or in front of the North Carolina Industrial Commission. If a hearing is involved, it’s very important to attend. This shows the insurance company and your employer that you are confident about your case and are invested in the outcome.

Q. Do I have to pay an attorney up front to represent me?

A. At Kelly & West, we do not charge a fee for our first consultation with you. We continuously strive to keep our fees as fair and reasonable as possible and it is our practice to discuss fees with you at the initial interview and to confirm these fee discussions in writing.

If you or a loved one are injured on the job, contact the law offices of Kelly & West for guidance and assistance.

3 Reasons to Hire an Attorney if You Get a Speeding Ticket

Written by kwmlaw on October 6, 2018. Posted in Kelly & West News.

Rushing to work? Not paying attention to the speed limit? Late to pick up the kids from school? Whatever the reason may be, the consequence is a dreadful speeding ticket that is going to cost you a good deal of money, time, and hassle. Many people think that getting a ticket isn’t a big deal. You might think, “I’ll just pay for it and be on my way.” But there are consequences other than an extra bill to pay. Here are some reasons you should hire an attorney to help you deal with your speeding ticket!

Save money.
While paying the $200-$400 ticket may at first seem like the cheaper option, your insurance costs are likely to increase for at least three years, up to more than $1,000 per year. A Harnett County traffic ticket attorney can help you fight the ticket or negotiate a plea to a lesser charge AND keep your insurance premiums the same or at a minimum.
Experienced attorneys can save you time and give you peace of mind.
On most charges, an attorney can appear on your behalf by written waiver of appearance. The attorney knows the judges, the assistant district attorneys that handle your case, and the officers involved. This knowledge and the attorney’s understanding of the system gives you the peace of mind that your ticket will be disposed of in your best interests.
Get a better outcome.
There are many technicalities that require an experienced attorney’s knowledge. A skilled attorney knows what to do to get your charge dismissed or knows what to reduce your charge to so you get no insurance points. Also, the attorney knows, based on your driving record, the best plea to save your driver’s license points and to keep your license from being suspended.

Don’t go through the ticketing process alone. Contact us if you have questions about your recent speeding ticket.

What is an Ethical Will and How Can You Create One?

Written by kwmlaw on September 18, 2018. Posted in Kelly & West News.

As you may know, a Will is a legal document in which you express your wishes about your property after death. The document helps you pass on your physical belongings and money.

But you might find yourself wanting to hand down something else after you’re gone: wisdom. In that case, consider writing an Ethical Will.

An Ethical Will is a way of passing down values or lessons learned. Passing on wisdom and life values to the world and our loved ones is important. Death can cause huge burdens and stress on loved ones, but having an Ethical Will can offer your family slight peace of mind. Ethical Wills may help connect generations, providing more insight to grandchildren about your life.

Ethical Wills date back more than 3,500 years, traditionally used by Jewish people to hand down values. Although they are not legally binding, more people are adding Ethical Wills as a way to pass on their legacy. Today, people are using technology to create Ethical Wills using photos, PowerPoint presentations, or even video, creating a powerful, personal message for family and friends.

How do you begin writing an Ethical Will?
This is a personal document, so there is no right or wrong way to create it. Some themes to include:

* Life lessons, whether that be in your professional career, love life, travels, hardships, and relationships.
* Your deep thoughts and feelings toward your family and friends.
* Your favorite people, experiences, memories, foods, places, objects, etc.
* Your regrets: What would you choose to do differently?
* Your best and worst moments, how they defined you and what you learned from those situations.
* People you want to forgive, or from whom you’d like to ask forgiveness.

Most people do not know when their time is up; death does not escape anyone. You can write an Ethical Will anytime. A woman might write to her unborn child during her pregnancy. A man might write to his grandchildren.

Like with your legally binding Will, consider updating this document or adding to it throughout the years. If you have questions about an Ethical Will, contact us for more information.

Link in the post to:
Top 10 Reasons You Need a Will: https://w5x5f3.p3cdn1.secureserver.net/wp-content/uploads/2014/04/KW-Top-10-Reasons-You-Need-A-Will.pdf

What Happens if You Die Without a Will in North Carolina?
https://www.kelly-west.com/happens-die-without-will-north-carolina/

Important Medical Documents for Your Young Adult Child

Written by kwmlaw on August 15, 2018. Posted in Kelly & West News.

As your child graduates from high school, you are both thinking about the exciting future. But whether your child is off to college or some other venture, there are a few legal decisions you should make in case of an emergency. Imagine if your child ended up in a hospital and could not make decisions for himself. Of course, you’d want to step in to help. But if your child is a legal adult, age 18 or older, you will not be able to do so. In fact, you wouldn’t even be told any specifics about his condition due to HIPAA regulations.

To prevent this problem, you and your child should fill out paperwork that will enable you to help him or her in case of an emergency. There are documents you need:

A durable power of attorney;
A health care power of attorney; and
A HIPAA release.

These papers are often used in elder law, by adults caring for their parents. They signify that the agent has been given the power by the signee to preside over financial and medical decisions and grant access to their medical records.

In each document, your child can decide who they would like to deem responsible as their agent. This may be you. However, if your child is uncomfortable with having you in this position, he or she may choose someone else.

Durable Power of Attorney: This document designates someone as an agent to preside over financial and legal matters on your child’s behalf. These forms can vary from state to state. Durable Power of Attorney grants agent a lot of power. For this reason, some people may be hesitant about signing it. Talk to your attorney about the best approach, but this one is especially useful if your child is traveling abroad.
Health Care Power of Attorney: This document gives an agent authority to make medical decisions on your child’s behalf. It is a good idea for your child to nominate more than one agent, in case the first is unable to serve.
HIPAA Release: This document designates less power to the agent but allows medical staff to share your child’s medical status or condition with agents.

While you want to help your child, he or she is considered an adult at age 18. Without these legal documents, you may have no way to help. Of course, you and your child should discuss these issues and decide what is best. If you have any questions, contact us for help.

What You Can Do about Nursing Home Abuse

Written by kwmlaw on July 24, 2018. Posted in Kelly & West News.

More than 7 million people over the age of 65 required long-term care in 2014. In 2015, almost 1.4 million of these people were in a nursing home. A nursing home offers the most extensive care a person can get outside of a hospital.

While most nursing homes offer excellent care, some residents suffer abuse or neglect while living there. Abuse is intentional infliction of injury, physically or mentally, while neglect refers to a failure to provide a person with the care and services necessary to ensure freedom from harm or pain. This problem hit the news in Raleigh earlier this year, when someone put a camera in her father’s room, catching the staff treating her father poorly. Another case of mistreatment at a facility owned by the same group was just reported here in Lillington, NC.

If you feel uneasy about your loved one’s care, here are some signs of abuse or neglect at a nursing home.

Outward signs of physical or emotional abuse. Examine your loved one for outward signs of physical abuse. Check for bruises, pressure ulcers, and cuts on the skin, especially in places that aren’t readily visible. Emotional symptoms of neglect and abuse can be a bit more difficult to detect. Watch for changes in behavior. Your loved one may become withdrawn or less apt to speak. Watch for sudden changes in appetite or sleep. These could all be a result of being spoken to in a condescending way.
Lacking in personal hygiene. A big part of nursing home care is daily hygiene, brushing teeth, brushing hair, bathing, clipping nails, and more. If care facilities are understaffed, these things can go undone. Some nursing home residents cannot manage these tasks on their own. Lack of hygiene is a form of neglect.
Dirty living spaces. Cleanliness is imperative to avoid diseases and sickness. Check if their sheets and room are clean. Check to make sure their clothes smell fresh. If any of these things are lacking, your loved one could be suffering from neglect. These unsanitary conditions could be detrimental to their health.
Staff. Although most of the time you should check your loved one for any issues, sometimes the answer lies among the staff. Monitor the people caring for your loved one. If they seem unhappy or if things are always chaotic, you may have a reason to worry. Also, watch for constant staff turnover and make sure staff know who your loved one is. If your loved one says that they don’t want to be cared for by a certain provider, you may want to look into why.

What You Can Do if You Suspect Nursing Home Abuse

Drop by unannounced. If you suspect problems, stop by to see your loved one at spontaneous times, and assess how the care compares each time. If you’re there more often, you can get a better feel for the type of care your loved one is receiving.
Ask questions. If the staff doesn’t answer you or deflects the question, it may be a sign that neglect or abuse could be happening. When staff aren’t around, ask your loved one questions about the care and how they feel.

A Note About Cameras

It may be illegal in North Carolina to use a camera to spy on staff. Speak to your lawyer about this issue if you have questions.

Steps to Report Nursing Home Abuse

If you don’t feel your loved one is in imminent danger, talk first with the person administering hands-on care. If things don’t change, speak with the floor supervisor, and then the home administrator.

However, if things still aren’t getting better, contact the North Carolina ombudsman. The ombudsman office handles customer complaints for government-regulated agencies. You can also file a complaint with the NC Division of Health Service Regulation. You may also file a complaint with your local Department of Social Services. DSS will do an investigation and can fine the nursing home if they find they are not compliant with the laws and regulations.

State Long-Term Care Ombudsman in North Carolina: (919) 733-8395
NC Department of Health Service Regulation: (919) 855-4500
Office on Aging: (919) 733-3983
Medicaid Fraud Control Unit: (919) 881-2320 (for Medicaid fraud)

Keep open communication with both your loved one and the staff at his/her nursing home. Feel free to contact us for questions and help with elder law and nursing home abuse.

5 Things a Newspaper Column Got Wrong about Wills in NC

Written by kwmlaw on July 12, 2018. Posted in Kelly & West News.

While we enjoy reading the newspaper and support our local organization, we were distressed recently while reading a column about creating a Will. While the intentions were probably right, a lot of the facts were incorrect. The column was no doubt published in multiple newspapers across the U.S., and the laws surrounding Wills are different in each state. Here are some of the statements we found along with accurate information for our North Carolina friends.

The Right and Wrong about Wills in North Carolina

Statement: Assets go first to a spouse, then your children, then your siblings, and so on.

Fact: In North Carolina, assets are typically shared by the spouse and the children, and if one dies married without children, the assets may be shared by the spouse and the deceased person’s parents.

Statement: Creating a Will with a do-it-yourself software program may be acceptable in some cases.

Fact: We know it seems self-serving, but creating a Will with a do-it-yourself software program is never acceptable and may not even be legal in North Carolina. First, you may not say what you meant to say, and you won’t be around to explain it. Also, fill-in-the-blank Wills may not be accepted by North Carolina courts, so you may spend quite a bit of time drafting something that your family can’t use.

Statement: Quicken WillMaker Plus software valid in all states except Louisiana.

Fact: Again, DIY software can create documents that you pay for but then can’t use. Even the article author recommends having an attorney to review the Will to be sure it complies with state law.

Statement: Costs vary, but you can expect to pay $200 to $1,500.

Fact: The average cost of a Will with a lawyer’s help is $200. A basic Will won’t break the bank.

Statement: The best place to keep your Will is in a fireproof safe or file cabinet at home or safe deposit box at the bank.

Fact: In North Carolina, if you lose your Will or it is destroyed, you are presumed to die without one. That’s why it’s critical to store it in a safe place. We recommend that you put your Will on file with the Clerk of Court. This is a free service offered by most counties, including Harnett County, and this ensures that your Will is kept safe. When it’s stored with the Clerk, only you can retrieve it before your death; no other family member can access it before you die. Plus, the Clerk of Court’s office is where the Will should end up after you die as part of the probate process, so it will already be in the right place when you pass.

What the Column Got Right about Wills

Statement: Be sure to update if circumstances change or you move. — Yes! This is especially critical if you move to a new state, because Wills and power of attorneys are state-specific documents. What is acceptable in one state may not be valid in another state.
Statement: The National Academy of Elder Law Attorneys (NAELA) and American College of Trust and Estate Counsel (ACTEC) are good resources when searching for lawyers who can help plan your estate. — Yes! Our team member Elizabeth Murphy is a member of the NAELA.

If you have questions about creating your Will in North Carolina, contact us to learn more.

How Long-Term Care Affects Your Property Deeds in North Carolina

Written by kwmlaw on June 26, 2018. Posted in Kelly & West News.

Growing old is inevitable, so set up for your future now. From age 65 and up, there is a 75 percent chance you or your loved one will require long-term care. According to a CareScout survey from 2017, living in a semi-private room in a nursing home can cost more than $80,000 a year. Many people can’t afford this, so luckily, Medicaid can step in and pay if you qualify. This sounds great, right? Unfortunately, this can cause problems after you pass away.

What is long-term care? It’s good to define long-term care because it is an umbrella term that means a multitude of things.

Assisted living. You live in a facility that allows you to live somewhat on your own, but you can still request assistance with any tasks that you need. These facilities typically provide transportation, meals, and help with things around the house as needed. Such residences are focused on people who don’t need much medical assistance.
Home Care. Instead of you moving somewhere for assistance, the assistance comes to you and helps you every day with whatever is needed.
Nursing home. Nursing homes are typically more focused on those who need medical attention around the clock. They offer everything offered in assisted living, for the most part, but also have nurses employed to help with your medical needs. Most of the time these facilities also provide speech, occupational, and physical therapies to help with rehabilitation.

Paying for Long-Term Care

People often assume they will qualify for Medicaid, which may cover long-term care if your income and assets meet the requirements. However, if you have property in your name, once you die, the government can file a claim against this estate, forcing you to sell the property to pay them back. This process is called Medicaid “Estate Recovery.”

As we talked about recently, with care contracts, there are ways we can help make sure your assets aren’t entirely used to pay for your long-term care. One common way to do this in North Carolina is by using an “enhanced life estate deed” that will make the property “non-countable.” Your property will not be entered into probate and therefore will not be subject to “Estate Recovery” upon death.

The process is tricky, but if you have a friend or family member willing to help you with the process, talk to your estate attorney about it. This area of the law is complex; find an excellent attorney who understands Harnett County laws and the requirements to protect your assets. Once something is done “wrong,” it is usually impossible to undo.

At Kelly & West we want you to feel confident about your estate, so call us or send us a message on our 24-hour live chat to get started.

How Care Contracts Can Save You Thousands of Dollars

Written by kwmlaw on May 24, 2018. Posted in Kelly & West News.

About 70 percent of people who are now turning 65 will require long-term care at some point during their lifetime. Many of those people will spend at least a year in a nursing facility, at an average cost of $6,300 per month.

Help with Long-Term Care Costs
Most people cannot afford to cover these costs on their own, and many assume that Medicaid or Medicare will pay for it. But how you set up your estate and long-term care plan make the difference between getting that coverage and paying tens of thousands of dollars.

In this case, we’re talking about Long-Term Care Medicaid. The program is set up to be the “last resort.” That means you don’t qualify for this coverage unless you have no other way of paying for care. The problem is, many people can’t afford to pay for care, but then don’t qualify for long-term care, either. So what can you do?

Determining Assets
The program identifies whether you can pay based on what is called “countable assets.” What we can do is help you take countable assets and make them non-countable. One way people try to do this is by gifting money. For example, you might give your son $1,000 per month for helping you around the house, driving you to appointments, and caring for you. But if you do that, you receive a time penalty; you won’t be able to apply for Long-Term Medicaid for 1.9 months. This is based on the formula of nursing home costs: $12,000 divided by the monthly cost of $6,300.

How Care Contracts Work
A care contract (also called a personal care contract or caregiver contract) is an agreement between a family member(s) and their loved one that outlines their terms of elder care.

If you created a care contract before you gave your son the money, that money isn’t a gift. Now, it’s payment. And if you apply for Long-Term Medicaid, the government shouldn’t penalize you for it.

Care Contracts look a lot like any other agreement, outlining what one person will do as part of his or her work in exchange for the money. These agreements list out responsibilities such as nutrition, cleaning, outdoor maintenance, and housekeeping.

Other Benefits
Aside from the health insurance benefits, there are other reasons to create a care contract. The value of uncompensated care provided by family or friends is estimated at $450 billion annually.

Caring for an aging parent or older loved one can be time-consuming and costly. Often, the caretaker still has other family members or children to look after; he/she may also have a job or other personal requirements which make caring for an older family member difficult.

A care agreement details exactly what the caretaker(s) is responsible for, and can even work out a system of compensation between the two parties. This can be especially important if the caretaker has sacrificed employment to care for his/her elder. The contract also outlines exactly who will be receiving compensation and the responsibility of caring for the elderly, to avoid misunderstandings and arguments between family members later on. While a contract between loved ones sounds odd to some, the document often smooths the way for a good relationship.

Our attorneys can help you create an agreement so that you don’t lose time or money later. To get help starting your care contract, contact us.

Legal Question: What is Negligence?

Written by kwmlaw on May 9, 2018. Posted in Kelly & West News.

When faced with a situation where you believe that you or a loved one has been a victim of negligence, you might be left with a lot of questions. Maybe it is unclear if the outcome was caused by chance or negligence. You might wonder what exactly the term “negligence” means and what specific behaviors might constitute grounds for a lawsuit. If you feel that negligence could have resulted in a negative, life-altering result for you or a loved one, we have answers to some of the questions you might have about filing a lawsuit.

What is Negligence?

Negligence refers to a person’s failure to follow a duty of conduct imposed by law. Every person is under a duty to use ordinary care to protect himself and others from injury. Ordinary care means that degree of care which a reasonable and prudent person would use under the same or similar circumstances to protect himself and others from injury. A person’s failure to use ordinary care is negligence.

What Constitutes Negligence?

There are four elements that must be present in a negligence case. First, the defendant must have owed a legal duty to the plaintiff. For example, an operator of a motor vehicle has the duty to use reasonable care in the operation of the motor vehicle and to obey all laws dealing with the operation of a motor vehicle. Thirdly, this breach of legal duty must cause the plaintiff to suffer an injury or suffer a damage. Finally, there must be proof that the defendant’s breach of legal duty was a direct cause of the plaintiff’s injury or damage.

What is Considered an Injury?

The injury component is a major part of proving negligence, so what exactly is considered an injury or damage? Obviously, bodily harm is a common outcome of negligence, but it is not the only thing that may be considered in a case. Even if you are not physically harmed, emotional harm might be taken into consideration if it was intentionally caused. In addition to bodily harm, property damage and economic damages such as loss of income will also constitute damages compensable by law.

If you believe that you or a loved one have been a victim of negligence, contact the law offices of Kelly & West to find out more.

8 Things You Probably Didn’t Think about When Planning Your Estate Until You Had to Deal with It

Written by kwmlaw on April 19, 2018. Posted in Kelly & West News.

Estate Planning is making sure things are in order before your death or if you are incapacitated. Usually, when you hear those words, you might think about who will inherit your car, or what money will be allocated to your children when you pass away. However, estate planning covers a lot more information than many people assume; in fact, it can be a little disorienting to work out all of the necessary details. Luckily, the attorneys at Kelly & West are happy to help you through the process and ensure that all of your plans are thorough and well-organized.

If you’ve already met with a Kelly & West attorney to discuss your estate planning, you probably encountered many topics that you hadn’t previously considered. If you haven’t completed your estate planning yet, here are eight things you may not think about until you have to deal with them!

1. Your Starting Point: It’s never too early to start the estate planning process! Of course, we all hope and expect to live until we are “old,” but it’s better to get started early in adulthood. While it can be an uncomfortable topic to consider, estate planning can be especially critical for the well-being of your family, friends, and of course, you!

2. A Living Will: This is also called A Desire for Natural Death or an advance directive. This document lets a person state his or her wishes for end-of-life medical care, such as life-support and feeding through tubes, in case they become unable to communicate their decisions for themselves. A living will has no power after death. Take some time to think about your wishes regarding life support before meeting with your attorney.

3. Digital Footprints: In this day and age, it’s essential to consider who you would like to have access to your digital belongings. This could include online banking, blogs, photo storage files, social media logins, and more. Make sure to put a plan in place for someone to access these things after you’re gone. Some password programs give you the option of choosing an emergency contact, such as a partner or spouse, for this reason.

4. Insurance Policies: One step in the estate planning process is determining what your assets are, which includes insurance policies. Auto, health, life, and homeowners’ policies should be reviewed to make sure that those assets pass to whom you would like to receive them after death. Most people don’t know it, but they actually are not controlled by the will but by beneficiary designation.

5. Identifying Assets: In addition to your insurance policies, you’ll need to define the rest of your assets. From real estate to valuable baseball card collections, make a list of these items.

6. Will, Trust, & Deed: A will, trust, and deed determine where those assets will go after their owner’s death. Each document has a slightly different purpose; a will determines inheritance allocation, a trust determines how and when that inheritance will be distributed, and a deed can determine who will receive real property.

7. Raising the Kids: While it can be a hard topic to talk about, estate planning helps parents prepare for worst-case scenarios. Your documents will include instructions regarding who will inherit guardianship of your children, should events require such a transition.

8. Edits: Life changes; your will should change, too. If time passes and you determine that you would like to disinherit an ex-spouse from your will, update your documents to include new assets, or change your Power of Attorney plans, edits can be made, and this is encouraged!

Estate planning allows you to relax knowing that your family, friends, and belongings will all be taken care of, even after you can’t be there to do it personally. To begin your estate planning process, talk to us.

3 Steps to Take After a Dog Attack

Written by kwmlaw on April 10, 2018. Posted in Kelly & West News.

While many dog owners view their dog as “man’s best friend,” sometimes these animals can turn on others. Dog attack injuries can place a significant emotional and financial burden on the victim. In the state of North Carolina, you can take legal action to lessen the impact after a dog bite. If you are a victim of a dog attack, here are the steps you should take to ensure the best outcome:

Identify the owner.

Identification of the dog’s owner will be necessary information in the event that you decide to sue. In addition, this information is helpful to your medical provider; it allows them to determine if the dog suffered from rabies or any other disease that might be transferable to you.

Document your injuries.

It will be helpful to document any injuries and torn or bloodied clothing resulting from the attack. If you decide to pursue compensation for your medical costs, this documentation can be helpful in your case. Take photos of the evidence for future reference. If there were any witnesses, be sure to identify them and obtain their contact information.

Report the incident.

If you seek medical attention as a result of your dog bite, North Carolina law requires that you report this incident to the local health director. Following that report, the animal must be confined for a 10-day observation period. An owner who refuses this observation can face a Class 2 misdemeanor.

If you decide to file a lawsuit, the statute of limitations in North Carolina is three years after the incident occurred.

One Bite Free

In North Carolina, dog bite law can affect the outcome of a case. North Carolina is considered a “one-free-bite” state, meaning that if this is the first incident of the dog biting someone, the owner essentially receives a free pass. There are exceptions to this rule, such as the dog’s age and if they are intentionally let loose at nighttime.

If the dog has bitten other people, it may be qualified for labeling as “potentially dangerous” by animal control. If this is the case, the victim usually has a better chance of receiving compensation for their medical expenses related to the bite. A dog may be considered potentially dangerous if the dog has terrorized someone off the owner’s property, seriously injured another animal while not on the owner’s property, or attacked an individual to the point of broken bones or injuries resulting in the need for hospitalization, disfiguring lacerations or plastic surgery.

If you qualify for compensation as a result of your attack, you may be able to sue for the following expenses:

Medical costs
Lost income
Pain and suffering
Property damage
Loss of consortium

If you have been a victim of a dog attack and feel that your circumstances qualify for compensation, contact us. We will work to ensure the best possible outcome for your case.

8 Tips for Choosing a Good Harnett County Lawyer

Written by kwmlaw on March 13, 2018. Posted in Kelly & West News.

If you’ve been in an accident, want to file a lawsuit, or need court representation, you’ll have to pick a lawyer. However, with so many options, how do you know which one to choose? Here are 10 tips for selecting a lawyer that’s right for you

1. Check the grapevine.
Chances are, someone in your social circle has already found and contracted a great local lawyer. If your comfortable doing so, try describing your needs in a Facebook post and asking friends for their recommendations. You’ll discover the people’s first choice, and maybe the people’s last option, too.

2. Search your state or local bar association referrals.
Because lawyers are required to register with their State Bar, you can find a complete list of those near you online. These sites will also denote which lawyers have practiced unethically or incorrectly, so you’ll know whom to avoid.

3. Examine their expertise.
The American Bar Association recommends making sure the lawyer you are considering has a solid background and experience in whichever service you are requesting.

4. Keep track of costs.
When having a consultation with a potential lawyer, make sure to ask about any extra costs or fees. An ideal lawyer will present them all to you up front.

5. And billing.
What is the billing structure for your chosen law firm? Know how often you’ll be required to make payments.

6. Keep an eye on communication, too.
Does your potential lawyer reply to you promptly? Does he or she answer your questions directly, or give you a long-winded response? If your lawyer-to-be is hard to reach, or too overwhelmed with other cases, you’re better off hiring someone else.

7. Don’t be afraid to ask questions.
A timeless piece of advice — don’t forego your questions! Whether you want to know more about fees or the person’s experience, or even clarification on a legal term, ask away.

8. Make sure you mesh.
You wouldn’t visit a mean doctor, or hire a rude employee, so why would you choose a lawyer who makes you uncomfortable? Keep in mind that you’ll need to share case information with your attorney, and this feels personal for many people.

If you’re looking for a lawyer who strongly values their clients, contact the team at Kelly & West. Having served the Lillington community for over 30 years, we are confident that our attorneys can offer you the best legal assistance. For more information, set up a consultation.

A Living Will: The Missing Piece of Your Estate Plan

Written by kwmlaw on January 19, 2018. Posted in Kelly & West News.

When the time comes to arrange the details of your estate, most people think of their final Will and whom will inherit. Another critical and often overlooked factor is your Living Will. Also known as an advance directive, a Living Will allows an individual to officially declare his or her wishes in the event of a medical emergency where one cannot make medical decisions for himself or herself.

According to a study in 2017, only about one in three U.S. adults creates a version of this document. People are often unsure about this document, so here are answers to the most frequently asked questions.

Why should I have a Living Will?

A Living Will allows you to be in control of decisions made regarding your health when you are unable to verbalize these instructions. This includes the use of feeding tubes and life support if your condition requires such action. If you are suffering from a chronic disease, you may opt to receive palliative care in order to alleviate any pain and discomfort, but maybe you don’t want extraordinary measures to be taken. A Living Will offers guidance on these issues for both family members and medical professionals. That way, what happens to you is due to your wishes rather than the emotions of your family members or the duties of medical professionals.

What happens if I don’t have a Living Will?

In the absence of a Living Will, medical personnel will rely on the decision of your health care agent under a Health Care Power of Attorney, if you have one. If you don’t have a Health Care Power of Attorney, generally your doctors will communicate with someone, often your next-of-kin. This can put your loved ones in an extremely difficult position if they are unsure of where you stand on the matter. In some cases, a family member’s choice has caused legal disputes later.

How do I create a Living Will?

A Living Will, referred to as a Desire for Natural Death in the state of North Carolina, is a legally binding document that takes effect as soon as it is signed, yet can be revoked by you at any point. Living Wills are different in each state, so it’s important to talk to a lawyer where you live while managing this part of your estate planning.

If you or a loved one is interested in creating a Living Will, the law offices of Kelly & West have the experience and expertise to assist in any and all stages of the estate planning process.

Workers’ Compensation Terms You Should Know

Written by kwmlaw on December 19, 2017. Posted in Kelly & West News.

Workers’ compensation is a form of insurance for employees. This coverage provides wage replacement and medical benefits to employees injured in the course of employment in exchange for the employee’s right to sue their employer for negligence. When involved in a case dealing with workers’ compensation, there are many confusing terms. Here are just a few to know if you are dealing with a workers’ compensation claim.

A

Arising out of and in the course of employment (AOE/COE): Two necessary conditions that must be met to establish a work-connected accidental injury; an injury that “arises out of” is one that results from a hazard of the employment, while an injury “in the course of employment” is one that occurred at a time, place and under circumstances related to the employment.

Average Weekly Wage: The average wage of an employee, according to the worker’s compensation laws.

B

Beneficiary: An injured worker’s spouse, domestic partner, child, or dependent entitled to receive payments, in the event of death of the injured worker.

C

Claim: A written request by the worker, or on the worker’s behalf, for compensation.
Cumulative injury: An injury caused by repeated events or repeated exposures at work.

D

Deferred claim: A claim not yet accepted or denied by the insurance company or self-insured employer.

Deputy Commissioner: An employee of the Industrial Commission who makes decisions about workers’ compensation disputes and approves settlements.

E

Ergonomics: The study of how to improve the fit between the physical demands of the workplace and the employees who perform the work.

F

Family and Medical Leave Act (FMLA): A federal law that provides certain employees with serious health problems or who need to care for a child or other family member with up to 12 weeks of unpaid, job-protected leave per year.

H

HIPAA (Health Insurance Portability and Accountability Act): A federal law that ensures the privacy and security of protected health information and patients’ access to their health-care records.

N

Non-disabling claim: A worker’s compensation claim that does not result in time-loss or permanent disability, but requires only medical treatment.

O

Occupational disease: A disease or infection, arising out of and occurring in the course and scope of employment.

Occupational Safety and Health Administration (OSHA): The federal agency that oversees workplace safety and health in federal offices and in states without state OSHA programs.

R

Regular work: The job the worker held at the time of injury or a substantially similar job.

S

Settlement: An agreement between a worker and the insurance company about workers’ compensation payments and future medical care.

Suspension of benefits: An interruption of payment of benefits to an injured worker.

T

Temporary Total Disability: The amount of weekly compensation payments paid to a worker who cannot work because of a work-related injury.

W

Worksite modification: The changes made to an injured worker’s job, tools, tasks, or worksite to accommodate the worker’s injury-caused limitations.

How to Keep your Home Safe During the Holiday Season

Written by kwmlaw on December 7, 2017. Posted in Kelly & West News.

Did you know Thanksgiving is considered the most dangerous holiday? That’s mostly due to the number of cars on the road. Christmas is in the top five list for the same reason, with the added risk of inclement weather.

The holiday season is here, and accidents on the road and inside the house tend to increase this time of year. Keep your season joyful inside the house and out with these safety tips.

Indoor Tips

Fire is one of the most common hazards in December.

You should carefully inspect holiday light strings each year and discard any with frayed cords, cracked lamp holders, or loose connections. When replacing bulbs, unplug the light string and be sure to match voltage and wattage to the original bulb. Also always turn off holiday lights when you leave the house unattended or when going to bed.
Purchase a freshly cut tree; they are more resistant to fire. Keep your Christmas tree watered and away from open candles.
Never connect more than one extension cord; instead use a single cord that is long enough to reach the outlet without stretching, but not so long that it can get easily tangled.
Do not use your gas fireplace if the glass panel is removed, cracked, or broken, and only allow a qualified service person to replace fireplace parts.
Test your smoke alarms monthly to make sure they work; be sure to install smoke and carbon monoxide alarms on every level of your home — especially near sleeping areas.

Outdoor Tips

Do not store combustible materials such as gasoline, propane, paper, chemicals, paint, rags, and cleaning products near your gas furnace. Gasoline or propane cylinders should be stored outside the home.
Use an outdoor timer certified by CSA International to switch lights on and off. Lights should be turned on after 7 p.m. to avoid the electricity rush hour.
When hanging outdoor lights, keep electrical connectors off the ground and away from metal rain gutters. Use insulated tape or plastic clips instead of metal nails or tacks to hold them in place.
If you’re going to use a ladder to put up lights, you should choose the correct ladder for the job and double check for a certification mark to ensure your portable ladder complies with applicable standards.

We hope you and your family have a safe and happy Christmas and New Year! If you need help after an accident or other problem, contact us.

What Happens if You Die Without a Will in North Carolina?

Written by kwmlaw on November 27, 2017. Posted in Kelly & West News.

Have you decided to create a will? A will allows you to choose how you want to distribute your estate once you have passed. Having a will means you decide who gets your property and money.

Wills can:

Explain how to distribute your assets.
Name an executor to collect and distribute funds with court supervision,
Name guardians for your children,
Forgive your debts.

Dying Intestate

If you die without a will in the state of North Carolina, you die intestate, which means the court will decide how to divide your estate without your input. Once your expenses have been paid, the remaining assets in your estate are divided according to North Carolina’s intestate succession laws. Your property will be divided among your closest relatives, usually your spouse and children. If you are not married and don’t have children, then your property is distributed to your parents, if they are alive. If not, your property will be distributed to your siblings, and possibly also to your nieces and nephews.

Instead of having a friend or family member designated by your will to decide the fate of your assets, an unknown court-appointed administrator will be appointed. Also, North Carolina law decides the fate of your children! In other words, they will decide who takes your children and manages your money for them and this may not be who you want to appoint! Thus, it is vital that you speak for yourself and that you use a will to name a guardian if you have children.

No Family

If you have no living family members, your estate may go to the State of North Carolina, to be held in a fund that may be able to be claimed by a distant family member in the future, if they are aware of the fund and make a claim. While deciding how to administer your estate, the court will also appoint an administrator, similar to an executor, who will pay debts and any funeral or court expenses.

12 Estate Planning Terms You May Not Know

Written by kwmlaw on October 26, 2017. Posted in Kelly & West News.

Estate planning is making sure things are in order before your death or in the event that you are incapacitated. When working with an attorney to plan your estate, you may hear some new terms. We want to make sure everything is clear while you are making these important decisions, so here is your personal estate planning glossary.

Beneficiaries – The persons and/or organizations who receive or benefit from the trust assets after the death of the trust grantor.
Disinherit – To prevent someone from inheriting from you. You cannot disinherit a spouse in North Carolina without his or her consent.
Estate – A fictitious legal entity set up for the purpose of collecting assets and paying debts after the death of an individual.
Joint Ownership – A form of ownership in which two or more persons own the same asset together. There are two types of joint ownership. Joint ownership with right of survivorship and joint ownership without right of survivorship. Joint ownership with right of survivorship allows the surviving owner(s) to take the deceased person’s’ interest after death, automatically, usually by operation of law. Joint ownership without right of survivorship means that the deceased person’s interest generally passes pursuant to the deceased person’s Will or pursuant to North Carolina law if the deceased person did not have a Will.
Living Will – This is also called A Desire for Natural Death or an advance directive. This document lets a person state his or her wishes for end-of-life medical care, such as life-support and feeding through tubes, in case they become unable to communicate their decisions for themselves. A living will have no power after death.
Personal Property – Movable property such as furniture, automobiles, equipment, cash, and stocks. This is unlike real property, like land, which is permanent.
Power of Attorney – The authority to act for another person in specified, financial, or all legal matters. A power of attorney has no power after death.
Revocable Living Trust – A written agreement that appoints a trustee to manage and administer the property of the creator. Unlike a will, a trust does not die with you. Assets can stay in your trust until the beneficiaries reach the age you want them to inherit.
Uniform Transfer to Minors Act (UTMA) – A law enacted in many states that allows you to leave assets to minors by appointing a custodian. Most often, the minor will receive the assets at age 18.
Will – A legal document by which a person, decides how to distribute his property at the time of his death. One or more persons will be named the executor to manage the estate until it is distributed.

You have the choice to let the courts handle your business or handle it by your family — but the latter means taking care of some things now. Contact us to have a say in your family’s future by starting your estate plan.

Kelly & West Law Firm Celebrates 35 Years

Written by kwmlaw on October 4, 2017. Posted in Kelly & West News.

Partners Reggie Kelly and Thomas West Started Family Company in 1982

LILLINGTON, N.C. — When Thomas West and Reggie Kelly opened their law firm doors in October 1982, they conducted most of their business in person, by phone, and by mail.

Thirty-five years later, not much has changed — at least in their attitudes. The law firm, which offers help with personal injury, traffic, estate planning, and more in Lee and Harnett counties, still relies on that personal touch, which has earned them a positive reputation among clients and community members.

The firm celebrates its 35th anniversary in October. The milestone isn’t something the partners were considering when they began.

“We were just getting started, just hoping to be here and make the business grow,” said Thomas West. “We weren’t focused on the years down the road, just on providing a good service to people.”

The law firm has grown to include Thomas West’s daughter, Elizabeth Murphy, and a team of 12 staff. While the law firm has a website with a chat function now, the partners say their “old-fashioned” efforts to communicate personally with clients is what sets them apart.

Reggie Kelly, left, and Thomas West, right, shake hands on the day they opened their practice and again Monday in celebration of 35 years.

Things may not have changed with Kelly and West themselves, but the pair has seen drastic differences in 35 years in the profession. When they graduated law school, advertising was considered unethical. Technology, of course, has changed things, but in most cases has made it easier for them to work. But the law has changed, too, West said.

Kelly and West now work fewer hours per week but aren’t ready for retirement just yet. The pair says what’s truly amazing is that they’ve stayed a team for 35 years, a milestone many firms don’t achieve. They attribute their success, in part, to their complementary skill sets.

About Kelly & West
Kelly & West is a law firm in Lillington, N.C. The team has handled more than 20,000 cases, helping people in the areas of personal injury, workers’ compensation, real estate, estate planning, elder law, DWI, and traffic. The family law firm focuses on putting the client first — and putting their experience to work. Learn more at kelly-west.com.

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Do You Need Extended Care Insurance?

Written by kwmlaw on September 28, 2017. Posted in Kelly & West News.

Planning for the future isn’t something you often think about. No one wants to consider that once old, you may need physical help or assisted living. But this is a reality for many.

An estimated 12 million Americans needed long-term care in 2007. Most but not all persons in need of long-term care are elderly. About 63 percent are 65 and older (6.3 million), but it may surprise you to learn that the rest are 64 years of age and younger (3.7 million).

The Cost of Assisted Care

As you probably can guess, long-term care isn’t cheap. The annual median rate for nursing-home care is $73,000 and in some states it can reach a high of $162,425. Even if you’re a resident of an assisted living facility, the average rate is still $41,000 and Medicaid only covers about 49 percent of this cost.

What is Extended Care Insurance?

Because of these high costs, you might consider buying extended care insurance. Extended care insurance (sometimes called long-term care insurance) is an insurance product, sold in the United States, United Kingdom and Canada, that helps you pay for those high costs later in life. Extended care insurance covers things generally not covered by health insurance, Medicare, or Medicaid. Unlike traditional health insurance, long-term care insurance is designed to cover long-term services and supports, including personal and custodial care in a variety of settings such as your home, a community organization, or other facility.

When you retire, you probably plan on your Social Security check and Medicare for financial support, plus perhaps the sale of your home to pay for care. But consider this: If you sell your home for $400,000 and nursing care costs $6,000 per month, your money will run out in 66 months. Therefore, you only have five and a half years to stay in that nursing home. With people living longer, that might not be enough.

Extended care insurance policies reimburse policyholders a daily amount for services to assist them with activities of daily living such as bathing, dressing, and/or eating. You can select a range of care options and benefits that allow you to get the services you need, where you need them.

The cost of insurance is fairly inexpensive if you purchase a plan while young. For a 25 year-old, a policy that provides for $164,000 in total benefits over time before it runs out, with the option to increase coverage in the future, costs roughly $635 annually, or about $53 a month. However, that cost will increase to as much as $4,824, which is $402 a month, if you wait to buy it after you retire.

Retirement is difficult to plan for with saving money, planning, and just living life. With medical bills, housing bills, and private bills all increasing, it is hard for retirees to remain financially stable with a steady source of income. Extended care insurance is there to

be a financial safety blanket and give relief to those individuals who are retired or who are about to retire.

If you have any questions about extended care insurance, elder care, or estate planning, please contact us for help.

Elder Care: How to Manage Care for Your Parent

Written by kwmlaw on September 13, 2017. Posted in Kelly & West News.

Are your parents or an elderly loved one refusing personal care and assisted living? Is it hard for your family to give them the help they need? Here is some advice on how to put an unwilling parent or relative at ease.

Before pushing your parent or relative to give up their independence, you must understand what you’re asking of them. In their eyes, they can still handle anything! And remember, you are their child. Now you’re asking them to reverse roles and let you take care of them.

Here are some tips for managing this process:

Get ahead of the crisis. Start having conversations about caregivers and assisted living before health problems occur. Ask your parent how they would feel about a driver or a housekeeper. Ask about his/her plans for assisted living and other help should the need arise.
Be patient and ask deep questions. When asking questions, give him/her time to respond. The process may take many conversations to get any answers; do not get frustrated. Fully try to understand why your loved one is refusing care.
Provide options. Keep your loved one in the loop. You might include him or her in interviews for the housekeeper or let him/her choose when the home aid comes each week. Show your loved one that he/she still has some freedom and that you respect him/her.
Accept your limits and pick your battles. You cannot watch over your loved one all the time. If they are still safe do not discourage their behavior, even if it is irritating to you. Treat them like the adult they are. Dealing with a stubborn child is not the same as dealing with a stubborn parent.
Find an outside outlet for your feelings. If you are angry, sad, or frustrated that your parents won’t listen to you, vent to someone outside of the situation, not your parents.

As you try to take care of your loved one, be sure to take care of yourself. Do not let your frustration out on your elder family member. It is hard to change roles from child to parent, and it will take time for your elder to realize the change in roles, but be patient. Giving up one’s freedom is never easy, so try your best to understand their feelings.

Whether it is preparing a will, estate planning, or care agreements, Kelly and West can prepare the right documents. Allow the experienced attorneys at Kelly and West help you understand the ever-changing elder law.

What is TRID and How Can an Attorney Help You?

Written by kwmlaw on July 25, 2017. Posted in Kelly & West News.

Buying a home is an exciting and important step in your life, but there is much more to it than picking out the ideal home. There are dozens of forms to read and sign, terms to negotiate, and meetings to attend. One way the government has tried to uncomplicate this procedure is by revising previous laws and enacting the TRID rule for most closed-end mortgages.

What is TRID?

TRID was enacted in 2015 and is the combination of two Acts: the Real Estate Settlement Procedures Act (RESPA) and the Truth In Lending Act (TILA). TRID may be more commonly known as the “Know Before You Owe” rule.

Two Documents

TRID means you’ll see two extra documents:

The Loan Estimate: A three-page form that the buyer receives after applying for a mortgage. The estimate includes the estimated interest rate of the loan, monthly payment, total costs, and more.
The Closing Disclosure: A five-page form that provides the final details about the selected mortgage. The information contained in the Closing Disclosure is similar to the Loan Estimate, but the totals are the final, thus guaranteed, amounts by the lender.

What is A TRID-Certified Lawyer?

A TRID-certified lawyer will know all the details of TRID so you don’t need to stress about the details. Reggie Kelly, one of our own experienced attorneys, is TRID certified and can give you the guidance you need so you don’t miss any important dates or fine print that may work against you.

What Does TRID Outline?

Timing – With TRID in place, there are now strict timing guidelines in place that must be followed. The Loan Estimate must be provided to buyers no later than three business days after the lender receives the application and another copy no later than seven business days before consummation. The Closing Disclosure must be received no later than three business days before consummation. This matters to buyers because missing a timeline can mean missing out on that home you wanted.

0% Tolerances Category – This applies to the section in the Loan Estimate that details out loan fees and other fees. Fees paid to the lender, mortgage broker, or an affiliate must be written so that buyers cannot be swindled. You can also see exactly what you are paying for besides the cost of the property.
Written List of Providers – The lender must detail out a written list of settlement providers for which the buyer may shop for and the lender must provide sufficient information for those providers to be contacted and must state that the buyer may select a different provider for that service if desired. This helps you as a homebuyer to have access to providers, but know that you are not obligated in any way to use one of the lender’s providers. You always have the option to choose for yourself.

What Loans Are NOT Affected?

Home Equity Lines of Credit (HELOCs)
Reverse mortgages
Mortgages secured by a mobile home or dwelling not attached to real property

An Attorney Can Help

TRID was created to create fairness so consumers will understand what is happening in the home-buying process. But that doesn’t mean the game is always fair. Sometimes lenders can lead buyers to think something is required of them that is not. Even real estate agents may not be as trustworthy as you’d like. On the contrary, an attorney acts as your representative and only has your best interests in mind.

Navigating through the detailed process of home-buying can be daunting if you don’t have anyone representing you. An experienced attorney knows what TRID entails and can ensure that you’re given a fair deal and treated right.

Kelly & West have over 30 years of experience. Contact us to see how we can help you through the process of making your dream home a reality.

Why You Should Use a Lawyer Instead of an Online Site for Your Will

Written by kwmlaw on May 19, 2017. Posted in Kelly & West News.

We know you’ve seen or heard about websites that offer do-it-yourself legal services. Maybe you’ve met someone who can set you up with a Will for a low cost. You’ve weighed your options: pay for a lawyer or complete a much cheaper online template? We’ll admit it can be tempting, but with those savings comes a bit of a headache. Here’s why we suggest choosing a lawyer over an online service for your North Carolina Will.

False Sense of Security

You often don’t know if there are errors in your legal documents until too late. Errors in a Will are often only revealed after death. Similarly, problems in a contract are not normally identified until the parties are already engaged in a fight and looking at the contract to provide legal backing for their side.

One of the biggest issues that people have encountered when using do-it-yourself document preparation sites is that consumers are left with a false sense of security after completing these documents by themselves. Online legal documents can be out of date, inaccurate, or just flat out wrong, which may get your documents thrown out of court. Some of these websites do not use the standard state forms, which means a county clerk may reject it. Also, fill-in-the-blank Will forms are not always valid under North Carolina laws.

Small errors can have significant consequences. When the stakes are high, the last thing you want is errors in your legal documents. In one recent case, a missing comma cost a company millions of dollars.

May Not Provide the Counsel You Need

Planning for the future of your family or estate rarely is as simple as an online template would lead you to believe. Every situation is unique and should be treated as such as such.

Unfortunately, the disclaimer of online legal sites that their services are clearly not a substitute for the advice of an attorney, a lot of people use these websites with the mindset that by purchasing these services they can completely dodge hiring a lawyer, and therefore do not double check that their documents are executable.

Even with their guarantee of legal professionals on-hand to help, an online service is not a law firm. When you’re filling out these forms online, the company is not permitted to review any of your answers for legal sufficiency, draw legal conclusions, provide legal advice or apply the law to the facts of your particular situation.

If you are thinking of drafting up legal documents whether that be a Will, contract, or power of attorney, please contact Kelly & West Attorneys. We will walk you through the process of setting up these documents with excellent customer service and over 30 years of experience. Let us help you prepare for the future.

Figure Out Estate Planning During a Free Seminar on Living Trusts

Written by kwmlaw on May 15, 2017. Posted in Kelly & West News.

Life is unpredictable; it is never too early to prepare for the future. Have you considered what may happen to your assets once you or someone you love pass away? Some people may assume that having a Will is all you need, but sometimes it isn’t enough to protect your estate. You may want to consider creating a Living Trust.

Do you have questions about Living Trusts and estate planning? Kelly & West will be hosting a free Living Trust Seminar May 23 and May 24.

To register, call 1-800-849-0213.

Seminars are an excellent way to learn more from the experts. Enjoy a professional, comfortable, and open environment where you can get answers about what is best for you and your family in the estate planning process. Participants will receive a continental breakfast and are entitled to a free consultation after completing the seminar.

During the seminar, you will learn:

The benefits of a Living Trust
How to avoid probate and how to minimize federal estate taxes
How to safeguard small children and children with disabilities
How to avoid court-appointed guardians if you become incapacitated

The estate attorneys at Kelly & West know how to give the best advice. We have helped many North Carolina families plan their estate, and we have been doing so for more than 30 years. Join us at one of the two events:

Tuesday, May 23
10:00-11:30 a.m.
Lillington Sports Zone
320 E. Cornelius Harnett Blvd. Lillington, NC
(Located next to Microtel Inn & Suites)

Wednesday, May 24
10:00-11:30 a.m.
Lillington Sports Zone
320 E. Cornelius Harnett Blvd. Lillington, NC
(Located next to Microtel Inn & Suites)

To register, call 1-800-849-0213.

*Space is limited, so please register to secure your spot.

7 Common Legal Terms Explained

Written by kwmlaw on April 27, 2017. Posted in Kelly & West News.

Ask anyone around you and they’re sure to say that lawyers have their own language. Often we forget that while we use this type of language every day, our clients are oftentimes unfamiliar with these terms and are hearing these words for the first time. If you have a court case, here are some terms you may hear.

Plaintiff – A Plaintiff is the person who files a lawsuit. Another way to think about it is a plaintiff is the person who was wronged and seeks to recover damages from the defendant.
Defendant – The Defendant is the person who is being sued. Although defendants can bring their own claims against the person suing in the same case, called counterclaims, we generally think of a defendant as the person who is being accused of wrongdoing and must defend themselves.
Statute of Limitations – The term Statute of Limitations refers to the amount of time a plaintiff can legally file a lawsuit. These statutes can vary by case type as well as by state.
Liability – Liability refers to the defendant’s responsibility for damages. To put it differently, during a lawsuit you are trying to prove that one party is liable for the injuries and damages suffered by the other.
Damages – Damages typically refers to the amount of money that a client recovers in a lawsuit. However, there are several ways to categorize damages, such as financial damages (e.g. lost wages, lost profit, out of pocket costs, etc.) and non-financial damages (like physical injuries, emotional distress, pain and suffering, permanent disability, etc.). Therefore, you should think of damages as the loss suffered and what could be recovered financially in a lawsuit.
Credibility – Credibility is simply another way of saying that you are believable — that you appear honest and trustworthy when telling your side of the story. This concept of credibility is a central point to almost every kind of lawsuit imaginable. This is particularly true when you have two sides that are telling two very different stories and a judge must choose which version to believe.
Structured Settlements – Structured settlements are used to resolve personal injury claims. They work by taking the money that would otherwise be paid in a lump sum to the plaintiff and investing it so there is a consistent stream of payments over a set period of time. A structured settlement can also be used to settle non-personal injury claims as well.

If you need help filing a lawsuit or require legal counsel of some sort, give Kelly and West Attorneys a call. With over 30 years of experience, our team of highly knowledgeable attorneys has the tools you need to win!

Why It’s Time to Talk About Creating an Advanced Driving Directive

Written by kwmlaw on March 28, 2017. Posted in Kelly & West News.

According to a study by AAA, accidents increase after the age of 65, and fatal accidents, in
particular, are more likely to occur after 75. For the sake of both the aging driver and others on the road, it is paramount that you sit down now and discuss what to do if and when it’s time for a member of the family to put down the keys, and who will be in charge of leading that talk.

When to give up the keys is a tough conversation. Family members struggle to determine whose “place” it is to say something. But in the same way that you would plan for your estate, it’s also a good idea to plan for this type of situation.

Advanced Driving Directive
To help your family figure out a plan, you can use an advance driving directive. The purpose of this document is for the driver to name the person that he/she wants to initiate the discussion about whether to continue driving or not when the time is right.

This document may sound like a medical power of attorney, which transfers the actual decision-making powers. But an advance driving directive document does not appoint anyone to make the final “cease-driving” decision for the driver. Instead, this paper names someone whom the driver would like to have broach this touchy subject.

Whom to Choose
For some that could be a spouse, sibling, adult child or a long-time friend. While it’s important to note that an advance driving directive has no actual legal significance, and isn’t likely to be enforceable in court, it can be extremely useful and makes an awkward conversation that much easier.

What to Include
Before anyone starts handing over car keys, it’s important that an advanced driving directive spells out clearly all the driver’s wishes so loved ones can do their best to help. Here are a few things to consider including:

Ask that all other available options are explored before taking your keys.
Make it clear you want to maintain your mobility once you can no longer drive.
Should you have problems coping with your loss of mobility ask your loved ones for help in finding a qualified therapist to help you deal with your pain.
Most importantly, be sure they know whom you want to address these issues with you, when and if the time comes.

At Kelly and West, we pride ourselves on protecting you and what you hold dear. Helping you plan for driving in your advanced years is part of that mission. Use this helpful Advanced Driving Directive template to prepare, or contact us for more help.

When Should You Begin Estate Planning?

Written by kwmlaw on February 12, 2017. Posted in Kelly & West News.

Estate planning may seem like one of those things you can do “later.” But in truth, it’s never too early to begin thinking about your estate. Life happens, and anything could happen to you or a loved one sooner than expected. The sooner you can sort out your affairs for your surviving family members the better.

What is Estate Planning?

Estate planning is the process of determining what happens when you die or are incapacitated. It can be a tough, sometimes uncomfortable thing to think about, especially when you are in good health, but unfortunately many people overlook this process and when tragedy strikes it is that much harder for their loved ones to manage everything. Generally speaking, the estate planning process involves creating a will and designating a power of attorney and a medical power of attorney. In some cases, estate planning can also include a trust and funeral planning requests.

How to Begin Estate Planning

Assets — The first step in the process is to take stock of all of your assets. These include any investments, your retirement accounts, insurance policies, real estate, business interests and other financially or emotionally valuable items. This would include things such as jewelry, cars, baseball card collections — basically anything that might hold deep personal significance to you.

Will — The next step involves creating a will, which will indicate what you want to happen with those assets after you’ve passed and who should inherit them. This part of the process also involves setting up a fund for any long-term care you might need in an assisted-living facility or nursing home, appointing guardians for your children, or setting up a trust for a child with a disability. You should re-evaluate and update your will often to reflect any changing circumstances in your life such as a new marriage, divorce, or new children and you should consider review your plan at least once every 3-5 years, even without a change in your circumstances to make sure your plan is up to date.

Business & Personal Affairs — During this time, you also want to carefully consider who you would want to handle your business affairs and medical care in the event that you become incapacitated. These individuals would have power of attorney and medical power of attorney if anything were to happen to you. Thus, it is very important that you choose individuals whom you trust and know will respect your wishes.

Next Steps

After making your individual bequests, it is important to sit down and discuss your plans with loved ones. The sooner you clearly outline your intentions to your family and friends, the less likely there will be disagreements that arise after you’ve gone.

Remember that every estate plan is unique. If you would like to begin the process of estate planning, contact us so you can start planning for your future immediately.

8 Questions about Creating a Will in North Carolina

Written by kwmlaw on January 4, 2017. Posted in Kelly & West News.

Creating a Will is something many people put off. We don’t want to think about what happens after we die, and we always think we have more time to get our Will done.

This New Year’s, it’s time to make a resolution: get your Will done as soon as possible. Creating a Will with your attorney is easier and probably less expensive than you think. We often hear questions about the process, so here are some of the most frequent questions along with answers:

How much does it cost to create a Will?

An attorney can help you through the process and ensure professional aid when drafting your Will. Prices can start as low as $200.00 to get the Will done, so it’s very economical, even when you get an attorney to help you.

While there are services online that help with Wills, some of these do not create valid documents. Please ask us about a particular service you are considering.

How long does it take to create a Will?

Creating a Will may be done quickly or take weeks to complete. This all depends on your situation. If you have few assets, not a lot of property, and one or two beneficiaries, creating a Will can be as quick as a few days. Wills take longer if your estate is more complicated.

Do I need an attorney? Can I hand write my Will?

This all depends on your situation and finances. Of course, having a qualified expert on your side will aid you tremendously since attorneys know the rules of the game and how to benefit you the most in the end. You are not only paying for the Will, but also to ensure that proper measures are taken for all your assets.

North Carolina considers holographic (handwritten) Wills legal if found after death in place intended for safekeeping. However, there is no guarantee this Will may be found or entered into the record, so it’s best to at least make someone aware of its existence if you do not want to create an official document with an attorney.

Should my spouse and I have a joint Will or separate Wills?

We do not recommend a joint Will because you cannot probate them separately, thus this makes it very difficult to probate the Will and administer the estate of the second spouse to die. Also, the surviving spouse needs to have the ability to make changes to his or her Will, which is very difficult to do with a joint Will.

What happens if I die without a Will?

If you die without a Will in North Carolina, then your estate is distributed according to intestacy laws. Your property will be divided amongst your closest relatives – your spouse and children. If you are not married and don’t have children, then your property is distributed to your parents, if living, or to your aunts, uncles, nieces and nephews, if your parents are not living upon your death. If not survived by any family members, your estate may escheat to the State of North Carolina, to be held in a fund that may be able to be claimed by some distant family member in the future, if that family member is aware of the existence of the fund and makes a claim.

Where should I keep my Will?

You need to store your Will in a place that is safe from water, fire, and smoke damage. You also need a place that is safe from theft. We recommend that you allow the Clerk of Court in the county in which you reside to deposit your Will for safekeeping.

Some people prefer to store their Will in a safe deposit box at the bank or in their home. If you do choose to use a safe deposit box, make sure your executor and beneficiaries know where it is and how to open it. Also, grant your executor the legal ability to take possession of your Will upon your death by making sure they can open your safe deposit box after you die.

Whom should I name as executor?

Your executor should be someone that you trust and have known for a very long time. This person will have complete access to your Will, and the obligation to make any financial decisions needed upon your death. Consider immediate family members and your spouse before anyone else.

How often should I update my Will?

We suggest that you look at your Will every couple of years. Changes need to be made due to certain circumstances. Consider the list below.

Changes in the law
Change in finances (successes and failures)
Change in your health
Change in committed relationships
Becoming a parent or grandparent
Losing a spouse or children

If you find yourself in any of these situations, update your will as soon as possible so that your assets can be divided exactly as you plan. Otherwise, you may leave your family with a state or court-ordered decision.

If you have any more questions about what is best for you and your family’s future, don’t hesitate to contact us. Call us today for a free consultation and let Kelly and West protect you and the ones who matter the most.

Tips For A Safe And Happy Holiday Season

Written by kwmlaw on December 13, 2016. Posted in Kelly & West News.

The holiday season is full of joyous traditions and celebrations. It’s a time to be surrounded by loved ones and give thanks for everything we have. The attorneys at Kelly & West want to wish everyone a very happy holiday season, but we also want you to be safe. Unfortunately, the season’s tidings also bring safety hazards, including personal injury, property damage, and traffic violations.

We wanted to take some time to reach out to our great clients and give you all some holiday safety tips.

Decrease the Chances of Personal Injury in Your Home
Holiday shopping, stringing lights, and decorating your home marks the beginning of the holiday season for many people. These wonderful traditions can also pose certain risks leading to injury. Make sure you look for potential hazards in order to keep your family and friends safe from injury when visiting your home.

Keep all of your holiday shopping apparel organized in one area with the least amount of foot traffic. This will decrease the chances of someone tripping and falling.
When decorating, make sure you use all of the appropriate equipment necessary. Use proper ladders and other tools to make sure all decorating plans operate smoothly and don’t end in someone falling or getting hurt.
The holiday decorations themselves can pose as threats. Make sure your decorations are sturdy and free of potential injury. Think about the placement of your decorations as well. Don’t leave hazardous decorations in reach of small children or family pets.
Photo credit: State Farm via Visual hunt / CC BY

Fire Hazards and Property Damage
Every year, we hear of families falling victim to house fires. The extra decorations, including candles and lights, increase the chances of this happening.

Use regulation approved outside lighting for exterior decorating.
Purchase fresh trees. You can tell trees are fresh when the needles do not fall off easily and the trunk is sticky with resin. Old, dry trees are much more likely to catch fire. If you are using an artificial tree, make sure it is fire resistant. Also, keep your tree away from the fireplace or any other source of heat.
When using candles, they should never be placed near the tree, wrapping paper, or other decorations that may set fire.
Make sure you turn off and unplug all decorations when you go to sleep or leave your home.
*Also, please note that it is very important to do routine checks of your smoke/fire alarm. Make sure the batteries are not running low and press the test button to make sure your alarm is working properly.

Holiday Traffic Causes Accidents
Ah, dreadful holiday traffic. With so many people traveling and finishing their holiday shopping, you must practice defensive driving so you don’t end up in an accident.

Wear your seat belt at all times.
Pay attention to the road and try to minimize all distractions.
Keep a safe distance between your car and the cars around you.
Follow the speed limit, even if you are late to your annual holiday party.
Choose a designated driver if you plan on drinking alcohol.

If you have any questions about holiday safety or find yourself in a situation where you need some legal advice, just give us a call. We hope you and your family have a safe and happy holiday season!

Avoid These 5 Common Mistakes When Creating Power of Attorney

Written by kwmlaw on October 25, 2016. Posted in Kelly & West News.

A power of attorney (POA) document authorizes another party (the attorney-in-fact) to make certain financial, legal, and business decisions on your behalf if you are unable to do so. If you decide that you need someone to help you with these affairs, it is important to have an accurate, well-detailed POA so that nothing is left for question. We compiled a list of common mistakes we see in our practice and hopefully we provide you with some insight so that you don’t run into any complications along the way.

1) Not Making a Power of Attorney

Many people think you only need a power of attorney when you are older or hospitalized, but that isn’t true. Military personnel should create one while they are deployed, in case they become unable to handle their affairs. You may need one if you are traveling overseas, and need someone to pay your bills, especially if you are single. Consult with an attorney if you are unsure whether or not a POA is right for you.

2) Not Creating the Correct POA

There are different kinds of POA documents that are needed in certain situations. Make sure you create the right one. Do you need someone to make general financial decisions on your behalf? A General POA is probably right for you. But what if you don’t want the attorney-in-fact to have too much power? Consider a Limited POA. When will it become effective? Research Durable or Springing POA to help you make your decision. Do you need someone to handle your health care affairs? There’s one for that too.

3) No Flexibility in POA Structure

Powers of Attorney need to be drafted with as much flexibility as possible to allow for “crisis planning.” If you have to enter a nursing home unexpectedly and don’t have long-term health care or a sufficient monthly income, you will need a flexible POA so that the attorney-in-fact can handle your financial decisions. This is very important, especially because nursing home care can start at $6,300 per month. The key to a well-drafted POA is to make sure it is broad enough to avoid a guardianship if you have to qualify for government assistance to pay the nursing home bill. Otherwise, you may still need a guardianship anyway, which makes the whole process of qualifying for government benefits much more difficult.

4) Not Updating Your POA

There are a number of instances where you will need to update your POA. You will need to rewrite your POA if you move to a different state so that it complies with state laws, and if you want to change any details or give your attorney-in-fact a different set of powers. You may need to revoke your current POA and create a new one if you wish to establish a new attorney-in-fact, which happens quite often. Make sure you notify all accompanied parties of any of these changes so it will prevent possible hiccups. Companies that delegate your affairs need to be notified.

5) Giving Up Too Much Control

You must review your choice of attorney-in-fact carefully. Whomever you appoint to this position can end up with a lot of power regarding your financial and business affairs. Your Power of Attorney choice will need to be someone you trust, who can handle making tough decisions when you are unable. Make sure you give him or her the right amount of power. Don’t give someone any more information than what he or she needs to make your POA secure.

Get a free information sheet with everything you need to know about Power of Attorney. Just fill out the form on the right tab of this page: /power-attorney/.

Consequences Of Passing A Stopped School Bus

Written by kwmlaw on September 6, 2016. Posted in Kelly & West News.

It’s that time of year again – kids are going back to school and roads are becoming more congested. School buses are on the road, picking up and dropping off students. Passing a stopped school bus is against the law in North Carolina. Do you know when to stop for a stopped school bus and when it’s OK to keep driving?

We sometimes forget how serious this issue is in our busy lives, but you should not take stopped school buses lightly. Driving safely is always important, but never more so than when children are involved.

Did you know? Passing a stopped school bus has greater consequences than passing a stop sign or running a red light.

Be Aware
It is imperative that you recognize when a school bus is going to stop. Of course you can watch out for the swing-out blinking stop sign, but there are other ways to determine whether or not a school bus will stop. First, pay attention to your area, and note any neighborhoods or subdivisions along your route. Also, look for any possibilities of the school bus having to make a stop due to traffic, weather, or other causes.

When to Stop for a School Bus
Whether you are following the school bus, or driving in the opposite direction, you must bring your vehicle to a complete stop when a school bus is receiving or discharging passengers. You do this when you are:

Driving on a two-lane roadway
Driving on a two-lane roadway with a center turning lane
Driving on a four-lane roadway without a median

You may be allowed to continue driving if you are going in the opposing direction of the school bus, but if — and only if — you are:

Driving on a divided highway of four lanes or more, with a median separation
Driving on a roadway of four lanes or more, with a center turning lane

What will happen if you break the stopped school bus law?
If you are found guilty of passing a stopped school bus, the minimum fine is $500 and you will receive 5 points on your driver’s license.

More importantly, if you strike a child, you are guilty of a Class I felony, with a fine of $1,250 and a driver’s license suspension for two years. If the child dies, you are guilty of a Class H felony, with a minimum $2,500 fine and license suspension of three years.

If you accumulate enough points on your driver’s license, you may:

Be required to take a improvement or defensive driving course
Receive a driver’s license suspension, revocation, or cancellation
Receive a driver’s license restriction
Owe fees and fines to North Carolina DMV

What about running a red light or stop sign?
Passing a stopped school bus is more serious than either of these two. If you are found guilty of running a red light or stop sign, you will be issued a fine of $100 (typically) and receive 3 points on your driver’s license.

Please drive safely.
In order to protect all drivers and pedestrians in our community, remember to be safe. Always keep 10 feet between your vehicle and any school bus. Make sure you stay alert and pay attention to the signs of a stopping school bus. Children can be unpredictable, and you will have to deal with serious consequences if found guilty.

If you have questions about the subject or need legal advice, don’t hesitate to contact us at 910-893-8183.

Peter Karmanos And His Living Trust. What Went Wrong?

Written by kwmlaw on July 6, 2016. Posted in Kelly & West News.

The owner of the Carolina Hurricanes, Peter Karmanos, is being sued by his three sons for borrowing more than $100 million out of their trust fund. If you have been following the Carolina NHL franchise, you may have noticed that the numbers (fiscal and physical) have been down since the Stanley Cup win in 2006. Peter Karmanos has allegedly been using the money in various forms of supporting the franchise.

You may be asking yourself: If it is his money in the trust, what’s the big deal? Well you must understand how trusts work and you better read all of the fine print before signing one — even if you are a multi-millionaire.

The truth is that there are many different kinds of trusts. The two broad categories of trusts include testamentary and living trust. The testamentary trust is set up with a will and is only established after the grantor’s death. Living trusts are established through the grantor’s lifetime and are separate from a will. We are going to focus on living trusts for now. *Please contact us if you would like more information on testamentary trusts.

Like a will, the living trust is a document that describes your wishes regarding your assets, dependents, and heirs upon your death. But, the living trust allows you to bypass the probate process — the lengthy, court supervised process of administering an estate. The details of the trust mean everything. When creating a living trust, you (the grantor) must decide whether you want to establish a revocable or irrevocable trust.

Revocable Trust – Allows the creator to retain power over the assets. Under these conditions, the grantor is able to change or revoke the terms of the trust at anytime and transfer assets in and out of the trust as the grantor desires.

Irrevocable Trust – The assets no longer belong to the grantor, but to a separate entity and are no longer accessible by the grantor. The grantor is no longer able to make changes to the trust, in most cases.

Choosing between the two really depends on the goals and objectives of the grantor; however, most people opt for a revocable trust, unless they need an irrevocable one to accomplish a specific goal or objective. Most trusts actually allow borrowing, as long as it is in best interest of the beneficiaries. It all depends on the type of trust, and how it is set up. The actual borrowing of the money wasn’t the big issue for Peter Karmanos. You may be eligible to borrow money from a trust fund but annual payments of principal and interest are due. It is reported that Peter Karmanos has failed to make these payments that were due in 2014 and 2015. It is because of this that his sons called in the lawsuit.

Each trust is specific, unique, and set up accordingly for the grantor and the beneficiaries. Some trust terms may even waive the duty of the trustee having to pay the money borrowed back. An estate attorney can be a huge problem solver when dealing with the complications associated with setting up a trust. You must pay attention to all the details regarding your trust. Be knowledgeable about what you’re signing and know what you can and cannot do. We would love to meet with you and discuss your possibilities. Contact us for a free consultation to learn more about what type of trust may be right for you and your family.

How to Protect Your Assets When You Go Into a Nursing Home

Written by kwmlaw on June 7, 2016. Posted in Kelly & West News.

If you have to move into a nursing home or another type of assisted living facility, who will pay the high costs for care? Will you be able to keep any of your money to leave to your family? Or will the government take everything you have?

These questions and many others are often asked by clients who are concerned about their future. The average cost of nursing home care is approximately $6,300 per month. That means even if you have assets, you might be spending through them very quickly — especially if you end up staying in the facility much longer than expected — so proper planning is crucial.

Why Protect Your Assets

In North Carolina, generally speaking Medicaid will pay for nursing home care if you “spend down” your assets so that your “countable assets” do not exceed a house, car and $2,000 in the bank. Once you have met the threshold test, Medicaid will pay the difference between your income and the facility rate for care.

At Kelly & West, we work with clients to design a plan to protect your assets. By making your “countable assets” “non-countable assets” we can work to make sure what you own is not counted by Medicaid and that you qualify for government assistance. For example, you may be allowed to have up to $40,000 in government bonds and these bonds be considered “non-countable assets” or you can use your money to prepay for your funeral arrangements, as long as you have a plan that complies with Medicaid’s rules and regulations.

Photo credit: LendingMemo via Visualhunt / CC BY

Who Will Qualify?

Not everyone will be able to qualify for Medicaid. People with IRAs, stocks, bonds, and other money might not be able to spend down or move it all to a non-countable form in order to qualify.

Also, some people might qualify, but might not want to do this. Many people prefer not to rely on the government for their care, especially since they may receive better care by privately paying for it.

Those who have paid for long-term health care insurance also may not want to obtain government assistance. If insurance is covering the cost of your care, this may leave your assets intact and available to pass to your family. But be careful, not all long-term care insurance contracts provide enough to cover the costs of care. Or, if you have a “traditional” long-term care policy, this could just mean that you are only saving the government money as this would just be considered income to you and may not help you as much as you think.

Make a Plan Now

A lot of people thinking about a nursing home are in their mid-60s and are likely still too young to want that type of care just yet. However, buying long-term care insurance at that age means paying a much higher premium. That’s why many people come to us and discuss these options early. We can develop a plan of action now for when the time comes later. We are happy to talk to you to discuss your options as this can be a great relief to you and you can end up saving your family quite a bit of money, time and headache in the future if you have a plan in place.

Estate Administration: Save Your Family From Years Of Court Problems With A Revocable Living Trust

Written by kwmlaw on May 23, 2016. Posted in Kelly & West News.

Most people assume that after creating a Will, their family will be all set. Everyone will get what they are supposed to get based on what instructions they leave in their Will.

Unfortunately, the process of dealing with an estate after someone dies is not that simple. Your family can spend months or even years finalizing everything — even when you have a Will in place. Here’s why: the Will goes through several steps in court before the Executor can distribute your assets to whomever you direct. So yes, your instructions will be carried out, but it may take a while.

Revocable Living Trust

Your family can avoid this annoying estate process if you create a Revocable Living Trust. A Trust is considered a separate “person” or separate legal entity in the eyes of the law. Title (your ownership) is transferred to this separate “person” called the Trust. That way when you (the Grantor), die, the Trust still exists. And because you didn’t own anything — the Trust does — there is nothing to go through court, making the process much simpler and faster — and your family won’t have to ask for the court’s permission.

Another benefit: a trust is private. Wills are filed with the Court and therefore become public documents but the trust document (called the Trust Agreement) is a private document and is not filed in any court or put on public record. Also, what most people don’t know is that when a Will is probated with the court, the court requires quite a bit of information before probating the Will such as the deceased person’s name, social security number, family information, bank account information, real estate information and other information about whether the deceased person has assets, such as life insurance, that will be paid outside the estate. A trust avoids having to provide the court with this information.

Costs

Creating a Revocable Living Trust is more expensive. A Will costs about $300 to $750 to prepare; however the probate process runs about $1,500 to $15,000, depending on the size of the estate, making the total about $1,800 to $15,750.

A trust costs between $2,000 and $7,500. This means in a larger estate, having a trust can actually be less expensive. Those with smaller estates might consider the higher cost, worth it for the privacy and the ease of administration as discussed above.

Whichever route you choose is up to you based on your personal feelings on the matter, your budget, as well as the size of your estate. Regardless of which option you choose, it’s important to have some documentation in place so your family knows what to do when you pass. The gift of a well-drafted estate plan is one of the best gifts you can give your family. We’re happy to answer any questions you have about setting up a Will or a Trust. Give us a call for a free consultation.

Clearing Up Confusion About Auto Insurance

Written by kwmlaw on April 19, 2016. Posted in Kelly & West News.

Auto insurance is required in North Carolina, but are you aware of the minimum requirements? What your options are or how it works?

Choosing auto insurance — or even knowing what to choose! — is a difficult process, but at Kelly and West we want to make it easy for you. We’ve seen what happens to good people who think they have coverage, but find out after a car accident they don’t have everything they need. Here is what you should know:

Minimum Insurance
In North Carolina there are a few types of auto insurance required for everyone who owns a car:

● Minimum of $30,000 injury liability per person per accident

● Minimum of $60,000 injury liability total per accident

● Minimum of $25,000 property damage per accident

● Uninsured motorist coverage of $30,000

North Carolina does not require you to have collision and comprehensive coverage, but if you are paying off a loan or leasing your car, the finance company or bank WILL require collision and comprehensive coverage.

Photo credit: orangesky3 via VisualHunt / CC BY

How Insurance Works
While it is mandatory to buy liability coverage in North Carolina, extra coverage is also available. A lot of people skip the extra coverage to save money, even though for a few extra dollars the extra coverage could help pay for medical bills, pain and suffering, repairs to the vehicle, rental cars, and loss of income due to the accident.

Extra coverage could include:
● Comprehensive Coverage – No collision. Anything that could happen to your car that is not directly involved in a collision with another moving vehicle. Some examples are a broken windshield or vandalism.

● Uninsured or Underinsured Coverage – The other person involved in the accident does not have insurance or does not have enough insurance to cover the bills associated with the accident or the total value of your claim. North Carolina’s minimum requirement is often not enough to cover all expenses after an accident.

● Medical Payments Coverage – Medical payments coverage is not required, but should be considered. This coverage provides reimbursement to you for medical expenses following an accident no matter who is at fault. The only requirement is that you personally have or you are in a car of a person who has medical payments coverage. This coverage is normally reasonably priced and can prove beneficial because it provides money while recovering from an accident.

How Much to Buy
It is easy to choose the minimum coverage amounts required by law, but those amounts are not recommended. At Kelly and West we recommend:

● $1 million per person combined uninsured/underinsured motorist coverage

● At least $50,000 per person injury liability

● $100,000 per accident liability

● $25,000 medical coverage (It is better to go higher if you can afford because medical bills tend to cost much more than this.)

● Add collision with a $500 deductible

● Comprehensive with a $0 deductible

We have found that once you buy some insurance, you can normally increase the amount or your coverage to those shown above for a very little increase in your premiums. These recommended amounts are higher than the minimum law in North Carolina, but we feel that the extra protection is definitely worth the cost. If you have questions about your insurance after an accident or would like to speak with an experienced attorney, contact Kelly and West today.

If you don’t take action to protect yourself and your family, then you are putting yourself and your family at great risk of being injured or killed by someone who has no insurance or by someone without adequate insurance to fully compensate you for your injury, your medical bills and your loss of income.

Motorcycle Injury: Important Tips To Follow If It Happens To You

Written by kwmlaw on March 30, 2016. Posted in Kelly & West News.

The sun is bright, flowers are blooming, birds are singing, and you’re hopping on your motorcycle. There is no better feeling than the new spring air rolling across your face as you cruise down the road. If you have a motorcycle, then it is no surprise that having a bike can be a lot of fun. This is true, but a harsh reality lies behind biking, concerning your personal safety and legal rights.

Click here to Download our Free Accident Response Guide

Personal injury cases involving motorcycles need to have special attention. Unfortunately, juries tend to have a bias against motorcyclists.The defensive lawyer may try to say that you were:

Not wearing proper clothing
Speeding
Riding in the wrong part of the lane
Being reckless

It is important to recognize who was at fault in the accident. You may be liable under “contributory negligence” if you contributed in the accident in anyway. In this case, insurance companies will not want to compensate you for your injuries. Your case can turn messy, so it is always a good idea to have someone fighting for you.

Photo credit: Alan Vernon. via Visualhunt.com / CC BY-NC-SA

Having a personal injury attorney experienced in motorcycle accidents can help you win your case. The defense will constantly shift blame towards you as a motorcyclist. Car and truck drivers receive sympathy because motorcycles are small in comparison to more common, larger vehicles.

And of course, be safe:

Always wear a helmet and proper safety gear. The reality is that riders without a helmet are 40% more likely to have a fatal head injury due to an accident. Eye wear, gloves, padded clothing, long pants, and ankle-covering shoes are essential. These materials will help protect you from wind, debris, and injury. Wearing bright colors will also help you to be more noticeable to cars and trucks.
Always be aware of your surroundings on the road. You have to be a defensive driver. At a time of excessive GPS, mp3, and phone use: car and truck drivers have a tendency to keep their eyes OFF the road. It is more important than ever for bikers to always check his/her surroundings for traffic.
Know your vehicle. Do a general walk-around before riding your motorcycle. Check your brakes, tires, chains, and belts. Catching a problem before you ride could save your life.

Motorcycle accidents call for special considerations; protect your rights and make sure you are compensated for your injuries. We hope you have an enjoyable riding season!

An Overview of the Law Schools in North Carolina

Written by kwmlaw on March 14, 2016. Posted in Kelly & West News.

An Overview of the Law Schools in North Carolina

Thinking about being a lawyer and are looking at schools in North Carolina? If so, you are in the right place. North Carolina has five main law schools ranked in the top 200 law schools, based on smart rank. Smart rank is calculated by combining traditional law school rankings with other statistical data, such as, admission selectivity, employment rate, and bar exam performance. The five schools include, North Carolina Central University (NCCU), Campbell University, Wake Forest University, University of North Carolina – Chapel Hill (UNC), and Duke University. The attorney team at Kelly and West attended Campbell University in Raleigh, NC.

Photo credit: cjnew via VisualHunt.com / CC BY-NC-ND

Duke University

The law school at Duke University is located in Durham, NC. Based on the smart rank calculations, Duke is ranked number 5 and according to US News & World Report law school rankings Duke is tied at #8 with UC-Berkeley and UVA. Duke has an acceptance rate of 23.3%, and average LSAT score of 169 and average undergraduate GPA of 3.76. The average cost per year for a full time student attending Duke is $55,588.

University of North Carolina – Chapel Hill

The University of North Carolina is located in Chapel Hill, NC. Using the smart rank system, Chapel Hill is ranked #28 with an acceptance rate of 44.6%, an average LSAT score of 161, and average undergraduate GPA of 3.49. UNC is currently tied at #34 with five other schools across the U.S. based on the 2016 rankings from US News & World Report. For an in-state student tuition runs around $22,560 per year and for an out-of-state student the tuition is about $39,191 per year.

Wake Forest University

Wake Forest University is located in Winston-Salem, NC. According to the 2016 rankings from US News & World Report, Wake Forest is tied at #47 with University of Florida (Levin) and University of Maryland (Carey). Based on the smart rank system, UNC is ranked #52 with a 55.6% acceptance rate, an average LSAT score of 161, and an average undergraduate GPA of 3.60. Wake Forest is a private university with tuition running around $42,276 per year for a full-time student regardless of residence.

Campbell University

The law school at Campbell University is located in Raleigh, N.C. The tuition for a full-time student is around $38,645 per year. Using the smart rank, Campbell in ranked #105 with an acceptance rate of 62%, an average LSAT score of 152, and undergraduate GPA of 3.24.

North Carolina Central University

North Carolina Central is located in Durham, NC. NCCU is ranked #167 with an acceptance rate of 47.2%, an average LSAT score of 145, and an undergraduate GPA of 3.24, based on the smart ranking system. Tuition runs around $12,655 per year (in-state, full time) and $27,696 per year (out-of-state, full time).

While Duke, UNC, Wake Forest, Campbell, and NC Central are the main law schools in North Carolina based on ranking, they are not the only ones. There are two other notable law schools in North Carolina, UNC Charlotte and Elon University. UNC Charlotte is located in Charlotte, NC and was founded in 2005. For a full time student attending UNC Charlotte the average cost per year is about $41,348. Elon University is located in Greensboro, NC and is considered a private university. The average cost of attending Elon School of Law full time per year is $37,924.

The Ultimate Checklist to Plan Your Estate

Written by kwmlaw on February 23, 2016. Posted in Kelly & West News.

Estate planning is not something most of us want to do. Planning what will happen after we are gone reminds us that we will not be around forever. But it’s important to make these decisions now so that your family is prepared. Start your estate planning as soon as possible so you can protect your family from any obstacles that may be encountered along the way.

While many people assume estate planning is complicated, it does not have to be an onerous process. Use this handy checklist to help you and your family know what documents you may want to consider. Not everyone will need all of these items, but this list is a great place to start when discussing your estate with your Kelly & West attorney.

The policies and documents you may need include the following:

Will

Who is going to inherit your property? Who will be named guardian of young children? How will your estate be divided among family members? A Will states your answers for all of these questions and more.

Trust

Trust can help you make decisions that go into effect before your death and avoid administering your estate with the court after you die. It explains in detail, how and when assets pass from the trustee to the beneficiaries. It simplifies the process for your family and provides extra protection for you and your loved ones.

General (Financial) Power of Attorney

This document gives an agent the power to act on your behalf, either now or when you become incompetent. This document can be durable and last through incompetency or it can spring into effect only if you become incompetent.

Health Care Power of Attorney

This document grants your agent the power to make medical decisions on your behalf. Who your doctor will be, what treatments you will receive, and what hospital you will use, are just a few examples of the powers your health care attorney can have.

Living Will

A living will has no power after your death. It does, however, state your wishes regarding life support and feeding through tubes should you have no chance of recovery. Living wills are especially important for cases where you become unable to communicate your wishes.

Limited Power of Attorney

A document providing specific powers that an attorney may have. Selling property, collecting debts, and other financial transactions are some of the common uses of a Limited Power of Attorney.

Make sure you keep all of these documents and policies organized so you will be prepared for anything. Start planning today so your family members have a better tomorrow.

9 Reasons Why You Should Speak to a Personal Injury Attorney First

Written by kwmlaw on December 18, 2015. Posted in Kelly & West News.

Speaking to an attorney after an injury is crucial. We can help you deal with insurance companies, worker’s compensation, and filing claims against someone who hurt you. Don’t put yourself in a situation where you are losing credibility in your case. Making the simplest of mistakes could hurt you in the long run.

Here are 9 reasons why you should speak to a personal injury attorney before taking action:

1) Personal injury attorneys are experienced with all sorts of cases. We can save you time and money by letting you know whether or not you have a legitimate case.
2) With the number of laws and regulations around the subject matter, you may hurt your case by saying or doing something wrong without even realizing it.
3) Paperwork, legal procedures, and bills can be extremely confusing to someone especially after being injured. We will simplify the process for you so you don’t have to worry about making any mistakes.
4) You may be entitled to more benefits than you know. We will make sure that you are informed of any rewards for which you are eligible.
5) Insurance companies are not looking to give free handouts; they’re looking for evidence to prove that they don’t owe you anything. It is becoming more common for insurance companies to deny or reduce medical payments.
6) Injuries that are not physical are more difficult to prove. Our attorneys will help you in your case if you have suffered from psychiatric or emotional injury.
7) Let us handle the other attorneys involved. When looking for a claim, the defense attorney will take any mistakes that you have made and use them against you to weaken your credibility.
8) You may accidentally give out more information than what is required. This could have a negative impact on your case.
9) An attorney may also act as a witness to your statements. This can prevent your statement from being misquoted.

Know your rights. You are permitted by law to have an attorney on your side. Don’t be left to fend for yourself. We will work to protect you from confusing tactics and procedures while having your best interest in mind. Having an attorney on your side will provide you with confidence during your case and leave you with less worry during a time of vulnerability.

Strange North Carolina Laws That Will Have You Scratching Your Head

Written by kwmlaw on December 3, 2015. Posted in Kelly & West News.

Many laws have been made throughout history in order to keep us safe. The intentions are usually good, but some make you wonder: Is this law really necessary? The strange thing about these written laws is that these acts must have been committed multiple times to prompt legislative action. Here are some of the North Carolina laws that leave us scratching our heads:

· In the state of North Carolina, it is illegal to serve alcohol during a game of bingo. Keeping their participants safe from injury is one of the key factors of this law being in place. But it’s hard to picture a bunch of bingo players getting out of control.

· Elephants may not be used to plow cotton fields in the state of North Carolina. The species is endangered and not indigenous to the area, so how on earth did this become an issue? Still, someone must have tried it, right?

· Southern Shores, NC: No rollerblading on any highway. Whomever believed that this mode of highway transportation was a good idea must not have been thinking right.

· Zebulon, NC: It is illegal to walk on top of the city water tank. Standing on top of the water tank probably offers an amazing view. We’re guessing plenty of teenagers gave it a try. But the dangers of climbing the city water tower are obvious, and so the law was passed.

· Kill Devil Hills, NC: It is illegal to ride your bike without using both hands. The expression, “Look Ma! No Hands!” has been a part of every childhood memory. This town in North Carolina doesn’t want to take the risk and has made the law in order to keep its bike riders safe.

· Dunn, NC: It is illegal to throw rocks in a city street. This makes sense, of course. We just wonder how many times it happened before someone decided it had to be a law.

· Dunn, NC: It is illegal to drive on sidewalks. Maybe someone drove a motorcycle on the sidewalk? It’s difficult to picture a large car barreling down the sidewalk in Dunn.

What You May Not Know About Courtroom Etiquette

Written by kwmlaw on November 9, 2015. Posted in Kelly & West News.

As attorneys at law, our position consists of providing the facts pertaining to each individual case. But knowing facts and law is only the beginning to becoming a good attorney. There are certain procedures that attorneys have to abide by in the courtroom. Having proper etiquette within the courtroom can determine whether or not the judge decides to rule in your favor. Talk, dress, presentation, behavior, and organization are all major factors that need to be considered when in preparation for a case.

Preparation is key to the way you deliver your case in the courtroom.

1. Your appearance says more than you know.

The first impression is extremely important. The judge will notice your appearance before anything else.
Dress in professional attire: men in a suit and tie, and women in a suit or dress.
Grooming is also important to your appearance. Men should be clean-shaven or have trimmed and neat facial hair.

2. Being early is better than being late.

Always arrive early to your case with your appearance slips.
Allow for flexibility in your schedule. Prepare for the unexpected; traffic and weather are important to take into account.
Late arrival is disrespectful and will reflect poorly upon your performance.

3. Be ready.

Know your facts and develop a strategy.
Have your supplies and papers in order, and ready to turn in.
Be alert and close by for the call of your case.

The presentation of your case means everything.

1. Be organized.

Negligence of preparation is frowned upon in the courtroom and considered to be insulting.
A judge may rule unfavorably to your case if you appear to be disconnected and disorderly.

2. Act appropriately.

Be quiet upon entering the courtroom.
Act ethically and responsibly for the duration of your attendance.
Do not use your cell phone.
Do not eat food or chew gum.

3. The judge represents the law.

Stand immediately when the judge enters or leaves the courtroom.
Bow to the judge and do not take your seat until the judge does so.
Refer to the judge as “Your Honor” or “The Court.”
Always ask to approach the bench and never speak over the judge.
Present your arguments to the judge but do not ever argue with the judge.
The judge is the ultimate authority in the courtroom.

We know that there are a lot of different rules and procedures to abide by when in the courtroom. Our attorneys have been trained to follow proper etiquette. You can rest, assured that the attorneys at Kelly & West will represent you with the utmost professionalism.

Why Lawyers Aren’t as Bad as You Think

Written by kwmlaw on November 3, 2015. Posted in Kelly & West News.

How many lawyers does it take to screw in a light bulb?
None. They’d prefer to keep their clients in the dark.

We’ve all heard the lawyer jokes. Lawyers were even listed as one of the least trusted types of professionals in this Gallup Survey. But lawyers aren’t actually so bad.

The truth is we’re here for you. We’re here to protect you and help you. We truly care about our clients, and we promise not to keep you in the dark.

Until you’ve been through an entanglement with the law, you may not realize how scary it can be. Whether you’ve been hurt, mistreated, or just need help with law documents, having a good, caring lawyer makes all the difference!

We didn’t create this tricky law system, but we’re doing our best to help our clients through it. We’ve spent numerous hours studying individual cases and working directly with clients to resolve their problems. We’ve spent time working with lawmakers and judges and to fight for your rights. We are here to help you through times of crisis and make sure you’re not taken advantage of by other people, by the insurance companies, or by law enforcement officers.

So don’t be afraid to give a lawyer a call. We’re not as bad as everyone thinks. If you’re ever in a situation where you need legal advice, you may find yourself very glad to have our help!

Workers’ Compensation: Your 4 Most Common Questions Answered

Written by kwmlaw on August 17, 2015. Posted in Kelly & West News.

1. What is workers’ compensation?
Workers’ compensation is a form of insurance required by law to cover accidents, injuries, or illnesses that occurs among employees while at work, provided that certain conditions are met.

2. How do I know if I am covered?
There are certain elements that must be met before you will receive workers’ compensation benefits. However, despite having to prove certain things, you are not required to prove that the accident was not your fault. Workers’ compensation provides coverage to an employee no matter who is at fault. It is also provides coverage for certain work-related illnesses. However, there are a few restrictions to be aware of. If you are found to have been under the influence of any type of drug during the time of the accident, you will likely not receive workers’ compensation. In addition, if you received an injury as a result of doing your job in the normal and customary way, you may not be covered. Regarding illnesses, only certain work-related illnesses, called occupational diseases, are covered, so if you have suffered an illness related to work it is important that you check with an experienced attorney to see if you may be entitled to benefits.

work injury — Photo by quietlyurban.com.

3. What types of bills does workers’ compensation cover?
In most cases, workers’ compensation covers any bills such as prescriptions, hospital stays and doctor visits that are directly related to the injury sustained or work-related sickness developed. Workers’ compensation may also reimburse you for travel expenses, should you have to travel longer distances away from your home for treatment. In addition workers’ compensation pays you if you are out of work, at a rate of two-thirds (2/3) of your average weekly wage. In more serious cases, workers’ compensation may provide compensation for employees who have become permanently disabled as a result of an accident while on the job as well as compensation to families who have lost a loved one due to a work-related accident.

4. Do I need a workers’ compensation attorney? Why?
If you have been injured at work, chances are your relationships with your bosses and employers are in flux. In the midst of attempting to recover, communicating with your employer and your employer’s insurance company can be overwhelming and complex. Without the help of an attorney, you are at great risk for not receiving the full compensation you may be entitled to. In many cases employers and their representatives lead you into putting comments on the record and answering questions that leave you with less support and less monetary compensation without you realizing it. Hire an attorney to protect your rights. In order to focus on your recovery and receive that to which you are entitled, you need a seasoned attorney on your side.

What You Say in a Recorded Statement Could Cost You Thousands

Written by kwmlaw on August 3, 2015. Posted in Kelly & West News.

Unfortunately automobile accidents are all too common in our world today. If you or a loved one has recently been in an accident, you will likely be asked to give a statement to an insurance claims adjuster regarding details of the accident. However did you know that what you say could end up costing you thousands of dollars? Before giving your statement, we recommend reviewing the below tips and speaking with an experienced attorney at Kelly & West for guidance.

car accident — Photo by Morgan. Courtesy Flickr Creative Commons.

Your recorded statement will help an insurance company learn the facts of your case which will play a significant role in whether they accept or deny the case. While your best bet for saying exactly what you intend comes from first speaking with an attorney. As a guideline, we at Kelly & West generally recommend avoiding all time, speed, and distance-related questions. For example, if an insurance representative asks a question such as, “How fast were you going?” or “How much time was there between the car hitting you and.” you should only answer if your eyes were on your speedometer or your watch at the exact moment. Chances are you only have estimates to offer the insurance claims adjuster. Therefore, for the most effective strategy in dealing with an insurance company turn to the attorneys with over 30 years of experience.

Call the attorneys at Kelly & West today to schedule a FREE, no-obligation consultation. We want to help equip you, protect you and fight for the best possible outcome in your case. If you have been in an auto accident, call us today. Don’t wait!

Top 3 Reasons You Need a Living Will

Written by kwmlaw on June 22, 2015. Posted in Kelly & West News.

Our daily lives are filled with big and small decisions. Is it time to buy a new house? Should you really eat that second piece of cake? It’s very easy to become overwhelmed by your options and even to put off the decision making. One item you should decide on early is estate planning documents. Such records help everyone around you with major decisions about not only how your estate should be handled, but also how you should receive care. Among these documents is a living will. Basically, a living will supports your decisions on how you do or don’t want to be kept alive should you become unable to communicate. It enables you to share what life-prolonging treatments should be used.

Living Wills — Photo courtesy of Jérôme Dessommes / CC0

1. Make a hard time easier on those closest to you. If you’re unable to communicate to a healthcare professional, they will turn to someone in your life for guidance on how you should be treated. Will he/she know what you want done? Will he/she agree on the treatment you desire? Whether or not you’ve had a discussion about your medical care, a living will may relieve some of the pressure on your loved one. Having your wishes written out in a legal document means those close to you won’t be asked to make serious decisions during a difficult time.

2. Squash contention before it spirals out of control. It’s unlikely that your family members agree on every medical treatment option. However, it is possible that they may argue about what care you should or should not receive. Even though your loved ones will want what is best for you, their feelings about what that may be could differ enough to cause serious conflict. You don’t want concern for doing the right thing becoming a financially-draining melodrama that drags on in court. A living will can set the record straight and limit emotional quarreling.

3. Get the care you want; refuse the care you don’t. A living will addresses several life-prolonging treatments and allows you to decide whether or not you want them. Will you want artificial feeding? Is having a do not resuscitate (DNR) order important to you? Would you accept blood transfusions? It’s unlikely that your family members would remember, or maybe even know, all of the answers during an emergency. The best way to ensure your doctor knows what you want is to include a living will in your estate planning.

Some people hold off creating a living will because they don’t want to entertain the idea of a distressing situation where they are in a vegetative state. Others don’t bother with it because they believe their family members are on the same page and know what should be done. It’s best not to assume that everything will go smoothly during a crisis. We can help you plan ahead. With more than 30 years of experience related to living wills, we can walk you through each step, discuss your options, and help you make the best decision for you. Contact us through our website or call us at 910-893-8183 (Lillington, NC) or 919-901-3125 (Raleigh, NC).

3 Reasons To Get A Property Survey When Buying Real Estate

Written by kwmlaw on June 8, 2015. Posted in Kelly & West News.

When you are purchasing real estate, there are a lot of decisions to be made, information to be obtained, and documents to be signed. It may be tempting to skip having a property survey completed, but you should give some serious consideration as to whether that is best. A property survey can do more than just define the boundaries of the real estate you are acquiring. It can alert you to issues that may cause you headaches, or even jeopardize your ownership, down the road. Here are three top reasons you should consider having a property survey done before you close:

Solve property disputes quickly. The seller may not be aware of any encroachments. If there is an encroachment on the real estate property you are purchasing, you need to know about it as soon as possible. Without addressing the encroachment, you could lose that part of the property. You also want to be aware of any encroachment of the seller on your future neighbors’ properties. For example, if the seller built a fence that encroached on another’s property, there will be costs associated in moving the fence. It’s best to handle such an issue before you make your purchase, either by establishing an agreement about the encroachment or having the structure moved.
Become aware of any restrictions. If the property you are buying is subject to certain zoning and/or building restrictions, you’d want to know ahead of time. If a homeowner association has restrictive covenants for a home, you’d want to understand what they will expect. Having a property survey completed will alert you if there are existing violations and make you aware of future limitations on your use and improvement of the real estate property. Depending on what the restrictions cover and how you expect to use the real estate, they may be a deal breaker.
Understand the rights of others in regard to the real estate. In some cases, a property survey may help you understand what easements or rights of way exist for the real estate you are purchasing. If there is an easement, you’d want to know who can use your property and for what purpose. You’d also want to be aware of any rights of way where others may need to pass through the property. Understanding how others can legally use your property will help you figure out how their use will affect you.

Addressing these topics before you purchase real estate will provide you with peace of mind and help prevent arguments with your neighbors or homeowner association after your purchase. Not every real estate transaction needs a property survey, though. If you’re unsure whether you should get a property survey, or you need a closing attorney, schedule an appointment with us to discuss your situation. We have more than 30 years of experience guiding clients through their real estate transactions. Our firm can help make the process less confusing.

What are Driver’s License Points & How Do I Avoid Them?

Written by kwmlaw on June 5, 2015. Posted in Kelly & West News.

We’ve all been there. You’re cruising down the highway and suddenly the blue lights show up in your rearview mirror – uh-oh, a speeding ticket.

Depending on the charge, your first instinct may be to pay off the ticket and forget about it. However, did you know that hiring an attorney can actually save you money in the long run by saving your driving record? In many cases, having an experienced attorney defend you in court can minimize your charge and negotiate terms such as traffic school to prevent your record from racking up driver’s license points.

What are driver’s license points?
Driver’s license points are points added to your driving record by the North Carolina DMV to represent different driving offenses you have been convicted of. There are specific point values assigned to specific convictions. For example, speeding in excess of 55 mph will cost you 3 points, reckless driving is 4 points, and passing a stopped school bus is 5 points. For more information on points, see the North Carolina DMV Handbook.

Why are they harmful?
Accumulating 12 points within 3 years can result in a suspended license and other major consequences. After that 3 years if you get another 8 points added to your license you are at risk for suspension a second time. Even more importantly certain combinations of convictions, such as two convictions of exceeding 55 miles per hour in twelve months, will suspend your license. Also, one conviction of speeding over 55 miles per hour and more than 15 miles per hour over can suspend your license. So, not only do you need to be concerned about points but also these types of suspensions.

What do the attorneys at Kelly & West recommend?
If you’ve gotten a speeding ticket, call the experienced attorneys at Kelly & West for a free, no-obligation consultation about your ticket. With over 30 years of experience, Kelly & West can help you reach your desired outcome and fight to minimize the number of points added to your driving record.

Join Us for a FREE Living Trust Seminar

Written by kwmlaw on May 18, 2015. Posted in Kelly & West News.

Is your family’s estate protected by a living trust? If you have a home or assets worth at least $100,000 we recommend joining us at one of our upcoming Living Trust Seminars:

We want to help you and your family plan, so you can save time and money down the road. Creating a living trust can help protect your assets, avoid probate, minimize your estate taxes, and manage your estate as you see fit – not a court appointed guardian. With more than 30 years of experience, the attorneys at Kelly & West want to help you and your loved ones be prepared. By attending one of our living trust seminars, you’ll be entitled to a FREE consultation (worth $250) to learn more about how a living trust can benefit you!

Seating is limited! Will you join us? Call us today to reserve your spot on our 24-hour Seminar Reservation Line 1-800-536-1259.

4 Reasons You Need a Will

Written by kwmlaw on May 18, 2015. Posted in Kelly & West News.

We maintain a variety records in our day-to-day lives. We keep receipts, collect statements, and even post on social media. These records mostly detail what we have done or are currently doing, but we also need to think ahead. Wills are forward-thinking records that will make life easier on your loved ones after you are gone. If you don’t lay out your wishes before you pass, it will be up the state of North Carolina to decide what to do next. Here are the top reasons for having a Will drafted now:

1. You get to decide who will handle your affairs. Defining who will do what is key to ensuring that your estate is handled the way you want. You can’t predict what disagreements and feelings may come up between the surviving members of your family so it’s best to lay it out ahead of time.

2. Limit questions about your mental capacity. Don’t wait until things start to go south. Have your Will drafted while you’re healthy and able to handle your own personal business. It’s less likely that anyone will be able to successfully challenge your Will if you have it completed while you are evidently competent.

3. You can make modifications later if you change your mind or your circumstances are altered. It’s better to have a Will in place and have codicils drafted later to amend sections than to have nothing at all. You can also opt to have a new Will drafted later if you need a complete overhaul. Just don’t delay for years waiting for life transformations to happen.

4. To make sure you cover your bases. You might think that telling your family how you want your affairs to be handled is all that you have to do, but don’t dismiss the benefit of having a competent attorney’s guidance. Your attorney will know more about how to ensure your Will addresses your needs and that it will hold up in court.

Our attorneys have the experience to help you prepare your Will and other estate planning documents. Contact us today to get started!

Ouch! That Dog Bit Me… But What Can I Do?

Written by kwmlaw on April 13, 2015. Posted in Kelly & West News.

Have you or a loved one experienced a severe dog bite injury? According to North Carolina Law, as a Dog Bite victim you may have the right to be compensated by the dog’s owner for any damages caused from the attack.

The first step is to ask the dog’s owner if he/she has homeowner’s insurance. If the owner will not tell you whether or not they have insurance, then you made need assistance of an attorney or do additional research to find out. We suggest you do this first because if there is no insurance coverage available, it may be difficult to find an attorney to pursue your case. Even if there is homeowner’s insurance available, there may be language in the policy that prevents them from paying for dog bite claims.

In addition to contacting an experienced animal attack attorney, you should be careful to document several aspects of the attack including:

Taking photos of your injury and of the scene where the dog bite happened
With permission from the owner, having the dog evaluated so that its behavior characteristics can be shown to the court
With permission from the owner, taking pictures and videos of the dog to demonstrate its size, weight, and mannerisms
Consulting neighbors, Neighborhood Watch, etc. to get an understanding of the dog’s history
Consulting the dog’s veterinarian to review its medical records and see if any past aggressive behavior was documented
If possible, speaking with the owner to understand whether or not the dog was trained, licensed, etc.

Collecting this information can play an important role in determining whether the dog’s owner truly is liable for the attack. Don’t wait to contact an attorney. Not only can you be provided with compensation, but you can help prevent future attacks as well. If you would like to talk with an experienced and caring dog bite attorney please contact the law offices of Kelly & West today.

Do You Know the Difference Between a Living Will & A Do Not Resuscitate Order?

Written by kwmlaw on March 16, 2015. Posted in Kelly & West News.

A Living Will, formally known as A Desire for Natural Death in North Carolina, and also called a “health care directive,” an “advance directive”, or a “physician’s directive,” is a legal document we at Kelly & West can create with you to spell out your wishes for life prolonging medical treatments and all related decisions. Why is a Living Will important? In the event you become incapacitated or are in a position where you are no longer able to voice your concerns and opinions regarding your health care, this document will give family and doctors instructions about how to proceed with any needed treatment. A Living Will is crucial for guiding your loved ones through your treatment preferences in the case of a terminal illness or other medical issue that leaves you unable to communicate. A Living Will allows you to specify in detail what medical treatments you will allow and those you reject. Whether maintaining a natural death is important to you or utilizing any and all forms of artificial life support is what you want, we at Kelly & West can ensure that your wishes and desires are clearly spelled out for those you love and for your doctors by drafting a Living Will for you.

In contrast, a Do Not Resuscitate Order commonly known as a “DNR,” is issued not by an attorney but by a doctor to an elderly or terminally ill patient. A DNR is issued after consulting with a patient and their family where a decision is reached that the patient should not be resuscitated if their heart or breathing begins to fail.

The attorneys at Kelly & West want you to be prepared. Contact us today for a free consultation.

Top 5 Reasons to Practice Law In a Small Town

Written by kwmlaw on January 27, 2015. Posted in Kelly & West News.

At Kelly & West we are proud to serve the small town of Lillington, NC and surrounding areas. We believe there are many advantages to practicing law in a small town, the best being that we really get to know the people and the local community. Here are some other big reasons we love to practice in our local community:

1. We get to see the people we represent in the community and not just at the office. We often see our clients at the grocery store, at church, and at other places; this allows us to get to know them on a personal as well as a professional level, which adds value to our representation.

2. Practicing in a small town also offers opportunities to maintain a smaller, friendlier staff than often found in firms who practice in larger cities. Each employee at Kelly & West knows a little bit about the job of every other employee and can therefore fill in for each other during the busy times, allowing our clients to get the answers they need when they need them. Having a smaller firm means we maintain a family-like atmosphere built on effective communication and trust throughout the practice.

3. We love the small town practice because it makes us easy to find. Google maps hardly ever leads clients astray and the client doesn’t have to pay to park. Plus, since we serve lots of injured and elderly clients, it’s great that our clients don’t have to park in a large parking deck and then walk a long ways to get into the building and meet with the attorney.

4. Small town means big networking! Becoming established has provided us opportunity to build relationships with judges who we see often in court, the clerks and courthouse staff who help us do our job well, police officers and local first-responders, and many others.

5. Most importantly, practicing in a small town and having a smaller staff allows us to best meet the needs of the clients we serve. Each attorney can spend time getting to know the client and his or her individual needs. We are so thankful for our clients who have supported us through the years and we are proud to be part of such a great community. We look forward to continuing to help our clients and serve them the best we can for many years to come.

Office Party for Kelly & West

Written by kwmlaw on December 24, 2014. Posted in Kelly & West News.

We had our annual office party here at Kelly & West Attorneys, celebrating the holidays together with all our team members! We would also like to extend our seasons greetings to all of you this year. We hope you all enjoy your holidays as well.

Christmas Party at Kelly & West

Written by kwmlaw on December 23, 2014. Posted in Kelly & West News.

We took our team to Angus Barn this year for our annual Christmas Party. We are so appreciative of our hardworking staff. Thank you to everyone who makes our firm great. Happy Holidays!

Getting Older and Unable to Drive — Now What?

Written by kwmlaw on November 17, 2014. Posted in Kelly & West News.

They say with age comes wisdom, but getting older also comes the inability to do the things we used to do. Unfortunately, if we’re lucky enough to make it to an advanced age, this is bound to happen to all of us, so we all need to consider what we want done when it happens.

Elder Law Attorneys Harnett County — Photo by Steven Depolo.

Before you hang up your car keys for good, be sure that you spell out exactly what you want so that your loved ones know your wishes. For example:

Be sure they know that you want them to explore all available options before taking your keys.
Make it clear you want to maintain your mobility, perhaps through the use of public transportation, once you can no longer drive.
Ask family for help to find a qualified therapist to help you deal with your loss of mobility and your inability to care for yourself the same way you used to, should you have trouble coping.
Perhaps most importantly, be sure they know who you want to address these issues with you, when and if the time comes. These details can be included in an Advanced Driving Directive signed by you and your loved ones. While this document has no legal significance and is probably not enforceable in any court of law, it is extremely useful to you and your family during the difficult times, the times when you cannot speak for yourself.

Whether it is through a Will, Power of Attorney, or Advanced Driving Directive, take the time to give yourself the small gift of advanced preparation. Your future self and your loved ones will thank you.

Don’t Wait Until Too Late: Make End-of-Life Decisions Now

Written by kwmlaw on November 6, 2014. Posted in Kelly & West News.

We all live in the “rat race,” rushing around trying to check off our to-do lists. It’s tough to think what would happen if we weren’t competent to manage our affairs and to do the things we do. Who would care for us? Who would take care of our personal and financial business?

The best time to plan your affairs and plan what happens after you die is when you are unlikely to be sick or die in the near future. Pre-planning is easier and allows you to calmly detail the steps you would like taken in the event you are incompetent or die suddenly. Make a plan to get your affairs in order by the end of the year.

Documents You Need
Power of Attorney — This is the most important document you need. A Power of Attorney appoints someone else to make decisions for you in the event you become incompetent or unable to make your own decisions.
There are two types of Powers of Attorney in North Carolina: a General (or Financial) Power of Attorney and a Health Care Power of Attorney. The first appoints someone else to make financial and business decisions for you if you become incompetent or incapacitated (i.e. bedridden). The second names someone to make medical decisions for you if necessary.

If you do not have a Power of Attorney and you become incompetent, you may have to go to court, be declared incompetent and have a guardian appointed for you – a very timely and fairly expensive process. Additionally, your guardian will have to account to the court each year for how your money is spent; it can only be spent in accordance with the law. Given this inflexible process, we recommend you avoid this by setting up your Power of Attorneys documents now.

Living Will — Another very important document is a Living Will (formally called a Desire for Natural Death in North Carolina). This document details your wishes concerning life support and feeding through tubes, should you find yourself in a hopeless circumstance where death is imminent. This can be a great gift to family members who are trying to make decisions because it offers your specific instructions on the use of ventilators, respirators, feeding tubes, saline IVs, and more. Living Wills are inexpensive and save countless hours of anxiety for family members.

Trust — We often are asked, “What can I do today to make it as easy on my loved ones as possible when I die?” The short answer: a Trust. A Trust is a legal document that allows you to avoid probate, maintain your privacy, protects you in the event that you are incompetent or incapacitated, and may even allow you to avoid certain taxes.

While a Will is good, Trusts enable you to avoid “probate” (i.e. opening an estate with the court when you die) because legal title is no longer held by you, but is transferred to you or someone else as Trustee. A Trust can be set up to manage money or property for the lifetime of the beneficiary, to provide for education of a beneficiary, to protect a spouse, or to accomplish countless other goals, thereby making it very flexible alternative to a Will and a great option.

A Trust costs more up front, but it saves time and money in the long run. If you have a properly drafted and funded Trust, your family is often able to settle your estate in only a day or two!

Will — A Will is necessary for anyone who doesn’t want the state to decide who will take their stuff. Most Wills are relatively simple and name a person to administer the estate after death (called the “Executor”). They often provide for a spouse or a loved one, but if you only have a Will without a Trust, chances are your family will still have to go through probate and open an estate with the court when you die. This process can take a year or more to accomplish and the title for many assets will often be held by the Executor during this time. Therefore, we encourage all clients to consider a Trust to avoid the costs and delays attendant to probate and the estate administration process.

If you have questions regarding a Will, Trust, or Power of Attorney, please don’t hesitate to contact us.

Kelly & West Attorneys Celebrates 32 Years

Written by kwmlaw on October 20, 2014. Posted in Kelly & West News.

Thomas West and Reggie Kelly form Kelly & West.

Kelly & West celebrated its 32nd anniversary on October 1, 2014. Founding partners Reggie Kelly (left) and Thomas West (right) joined forces in 1982.

Originally located just next door at 826 South Main Street in Lillington, the original staff was very small. Soon thereafter, the firm met much success and quickly outgrew their smaller office space, tearing down an old service station at 900 South Main Street and building the building.

Now, after 26 years of continued success in the newly constructed building, the firm employs three attorneys and a 10-member support staff. With state-of-the-art technology, including advanced case management and digital imaging software, Kelly & West has effectively transitioned into the 21st century and looks forward to serving the local community for many years to come.

DWI Charge Spurs Resignation of Cumberland County Deputy

Written by kwmlaw on September 27, 2014. Posted in Kelly & West News.

31-year-old Rickey Caldwell, a Cumberland County Sheriff’s Deputy, was charged with DWI after an accident involving his personal car.

The sheriff’s office statement detailed how Rickey Caldwell was driving on Alderman and School roads at 2:45 am when he lost control, flew off the road int a ditch, and flipped his vehicle into a tree.

According to records, Caldwell was arrested by the N.C. Highway Patrol and taken to the Cumberland County Detention Center where his blood-alcohol level registered a .14-nearly twice the legal limit.

Immediately after the blood-alcohol testing, Rickey Caldwell submitted his resignation from the Cumberland County Sheriff’s Department. He has been released from jail on bond will be facing court in October.

Have you or a loved one been injured by someone Driving While Impaired? If so, set up a no obligation consultation with the Kelly & West DWI Lawyers to learn about your rights and options. We are here to help you.

* Please Note, Kelly & West Attorneys do not represent Rickey Caldwell or anyone associated with this case.

Source: http://www.wral.com/nc-sheriff-s-deputy-resigns-after-dwi-charge/13918720/

3 Things You Should Know to Handle Your Own Property Damage Claim

Written by kwmlaw on September 22, 2014. Posted in Kelly & West News.

If you are injured in an accident that is someone else’s fault, you have two different claims: a claim for your injury, called a bodily injury or personal injury claim, and a separate property damage claim. These claims can be settled separately, at different times, as long as the release you sign for property damages is a “Release for Property Damages Only” and not a “General Release” that releases all claims. If you are unsure, always get an attorney to review before you settle and before you sign anything.

If you are injured in an accident that is someone else’s fault and you need medical treatment, it is important to speak with an attorney who can advise you about your bodily injury claim. However, because you know more about your vehicle than anyone else and because property damage claims are fairly simple and straightforward, you should be able to handle the property damage claim on your own, without paying an attorney to help you.

Here are a few easy steps to guide you through handling your own property damage claim when the accident is not your fault:

1. Report the claim. Don’t wait for the responsible driver to do it because he or she may not do so. To report the claim, call the insurance company of the responsible driver and advise them that you need to report a claim. They will gather information from you and then assign an adjuster for your property damage claim, which is usually a separate adjuster from the adjuster for the bodily injury claim.

You should only talk to the property damage adjuster about your car and not about your injuries or how the accident occurred. The property damage adjuster normally inspects and photographs the damage to your car and will either “total loss” your car or estimate the damage to your car.

If your car is drivable, you should get an estimate of the costs of repairs from your own body shop. You are allowed to use your own body shop to repair your car. If the amount the insurance offers to pay to have your car repaired is less than what your body shop estimated, then have your body shop contact the adjuster and work it out with the adjuster on your behalf.

Once the body shop and the adjuster go over the damaged areas and agree what needs to be repaired, they almost always agree on the price. What you want is for your car to be repaired properly at no cost to you and for the insurance company to provide you with a rental car or pay you for “loss of use” of your car while it is being repaired.

2. The value of your car is the actual value, not what you owe on your car or what it costs to replace it. It is often up to you to prove the value of your car and you can do this by using tax values, Kelley Blue Book value, NADA value, or an appraisal if you have one.

If your car is a “total loss,” then you are entitled to the value of the car, plus sales tax and the cost of getting your tags transferred to your replacement car. You are also entitled to the loss of value of your car (called diminution of value) because you now have a car that has been wrecked and it is worth less than the same car that has not been wrecked. The insurance company is required by law to “total loss” your car in the event that the damage is 75 percent of the value or more.

3. Regardless of whether your car is a “total loss” you are entitled to a rental car or to “loss of use” of your car from the responsible driver’s insurance company. If you choose, the responsible driver’s insurance company can provide you with a rental car for a reasonable period (usually 7-14 days) while your car is being repaired. Alternatively, if you have another vehicle to drive while your car is being repaired, you are entitled to “loss of use” of your car, which is usually calculated as $20-$30 a day for a reasonable period (usually 7-14 days) while your car is being repaired or until they agree to pay for your total loss.

Tip: Keep in mind that in order not to be without a car for an extended period of time and to avoid extensive costs and delay involved in the litigation of a property damage claim, it is often better to accept a little less than you may legally be entitled to and settle the property damage claim promptly. This is especially true if you are seriously injured and may not be in a position to settle the injury claim for quite some time.

North Carolina Father Charged With DWI in Deadly Crash

Written by kwmlaw on September 10, 2014. Posted in Kelly & West News.

Richard Altman, 45 years old, was excessively speeding on August 30, 2014 when he flipped his vehicle on Route 218 about 11 miles north of Edenton. At the time of the crash, Richard Altman had both of his sons in the truck.

9-year-old Briar James Altman died from crash injuries from getting thrown out of the truck. Briar’s 14 year-old brother spent time in the hospital for non-life-threatening injuries caused during the crash. The 14 year old son is now safely at home recuperating from his injuries and receiving grief counseling to cope with his brother’s death.

Richard Altman was flown from the scene to Sentara Norfold General Hospital for emergency care from the crash. Due to evidence taken at the crash, Altman was charged with DWI. North Carolina Department of Public Safety official, Patty McQuillan, confirmed the DWI charge and stated other charges are pending further investigation.

If you are facing DWI charges, or have been injured by someone accused of a DWI, contact Kelly & West Professional Injury Professionals to learn more about your rights. We are happy to offer a private, no obligation consultation to review your case details and options.

*Please Note, Kelly & West Attorneys Do Not Represent Mr. Richard Altman or Any Party Associated With This Case.

Source: http://wavy.com/2014/09/02/father-charged-with-dwi-in-deadly-crash/

http://www.witn.com/home/headlines/Father-Charged-For-DWI-Crash-That-Killed-9-Year-Old-Son.html

Resolve to Be Honest as a Campbell Lawyer – Why Honesty is Crucial in Law

Written by kwmlaw on August 26, 2014. Posted in Kelly & West News.

“…resolve to be honest at all events; and if in your own judgment you cannot be an honest lawyer, resolve to be honest without being a lawyer. Choose some other occupation, rather than one in the choosing of which you do, in advance, consent to be a knave.” ~Abraham Lincoln

The practice of law has changed a lot since Abraham Lincoln’s day. We all live the “rat race” and are rushing to meet deadlines, to satisfy clients, and to hurry home to our family, just to get up and do it all again the next day. Quite frankly, it’s easier now than ever before to succumb to the pressure of the practice.

Maybe that’s why the public has the false impression that to be a lawyer means you have to be a liar, or that you must twist words or misstate facts or mislead the judge or jury to win the case. This is simply not true.

Lincoln’s words coined a phrase at Campbell University Norman Adrian Wiggins School of Law: “Honest as a Campbell Lawyer.” Here at Kelly & West, we’ve adhered to that phrase for over 30 years.

Honesty Pays Off
Mr. Kelly’s honest approach pays off in traffic and DWI court. Often he works with the District Attorney and the judge to resolve a claim favorably for a client and often it is the facts that win the case for him. He does not lie, but uses the truth as a persuasive tool to help his client.

In the practice of personal injury law, it’s all about proving the truth of the facts of the case. In fact, Mr. West sometimes evaluates cases differently based on the credibility of the client, especially if the client’s testimony is the only evidence we have to present at court on a particular fact or element of a claim. His honesty has even allowed him to negotiate a higher recovery in some cases because the adjuster, defense attorney or judge know him to be honest and credible.

In workers’ compensation cases, a client’s case is accepted or denied based on the client’s statement and whether the adjuster believes it. Honesty often means Mrs. Murphy’s clients get paid a weekly check at the outset of the case rather than several months later after the case is presented in court. She, too, has earned the respect of the adjusters, defense attorneys, and judges and has been able to negotiate settlements because she has been straightforward and candid about the facts and circumstances.

While an attorney who does lies might win on occasion, often it’s a short-lived and hollow victory, for a victory based on a lie is a moral failure and usually comes back to haunt the attorney in the end — everyone knows he or she cannot be trusted.

Being honest is therefore crucial to any case and the credibility and moral character of the attorney should weigh into a client’s decision about which attorney to hire.

Call us today to talk to an honest and caring attorney about your case. We look forward to helping you.

I Ain’t Drunk, I’ve Just Been Drinking – Get the Facts About Driving While Impaired (DWI)

Written by kwmlaw on August 6, 2014. Posted in Kelly & West News.

Under North Carolina DWI law, you do not have to be physically or mentally “drunk” to be convicted of a DWI. You can be convicted of DWI simply by the fact of a .08 blood alcohol concentration on a blood test or an intoxilyzer.

Some drivers with a .08 show no physical impairment. Others, particularly people who do not drink often, will be physically and/or mentally impaired. Therefore, you can’t go by how you “feel” or even your own physical performance to determine whether you’ve had too much to drink. While the intoxilyzer is a notoriously inaccurate machine, courts give it great weight and usually accept its results as the Gospel.

If you do drink and drive, but are not physically impaired, you may be able to win your case because of lack of a reasonable articulable suspicion for the initial stop or lack of physical performance tests or other evidence to develop probable cause to arrest.

Basically there are four different prongs on which you may be convicted of a DWI:

1.A blood test that indicates a .08 or more blood alcohol concentration;
2.Results of a chemical analysis (such as an intoxilyzer) that is deemed sufficient to prove a blood alcohol concentration of .08 or more;
3.A blood test that shows the presence of any amount of certain illegal drugs; and
4.Physical and/or mental impairment;

However, in all cases the State must prove that you were driving, that a reasonable articulable suspicion existed for the stop, that probable cause for the arrest was present and that the blood test/intoxilyzer/other tests were given at a relevant time after driving.

We’re happy to answer any questions and review the facts of your case. Give us a call for a free consultation to determine whether the State has a viable DWI case against you.

Girl Killed By Falling Tombstone

Written by kwmlaw on July 25, 2014. Posted in Kelly & West News.

On Friday July 4, 2014, four-year-old Peyton Elizabeth Townsend was killed when a cross from a tombstone fell on her. Peyton and her 6-year-old sister, Lilly Grace Townsend, were both struck as the 5 foot, 1,000 lb cross fell. Lilly had a non life threatening leg injury; however, Peyton was struck in the head and crushed beneath it.

The accident occurred at 6:20 p.m. at Mount Paran Baptist Church located on Wildcat Road in Deep Gap, NC, after a Vacation Bible School class concluded and camp children played in the grassy cemetery area around the cemetery head stones.

Pastor Rick Cornejo stated his brother-in-law and his 16-year-old grandson were able to lift away the toppled headstone before rescue teams arrived, allowing rescue workers the ability to immediately start life support.

Peyton and her sister were with both of their parents at the time of the accident. The mother, Sarah Townsend, is a nurse and the father, Randall Townsend, is a state trooper and paramedic. Both worked to save Peyton until the rescue teams from the Deep Gap Volunteer Fire Department, Watauga County Sheriff’s Office and the North Carolina Highway Patrol arrived to take over.

Wings Air Rescue helicopter was able to land and airlift Peyton to the Johnson City Medical Center in Tennessee. All attempts to revive Peyton were unsuccessful, and she was declared dead after arriving at the hospital.

Counseling and grief support for the family, friends and other estimated 20 children present were provided by the rescue respond team. All affected by the fatal accident were given support and access to grief counselors from Parkway School later during the day Friday, as well as the Saturday afternoon following Peyton’s death.

Funeral arrangements were held at 6 p.m. at First Baptist Church of Blowing Rock on Monday July 7, 2014. Online condolences may be sent to the Townsend family at www.austinandbarnesfuneralhome.com.

Have you had a loved one hurt or killed in an accident? Let the expert law offices of Kelly & West personal injury lawyers ease your pain and take way some of your burden. Our personal injury lawyers are here to make a difference for you and your loved ones during a time of deep pain and sorrow. Let us help you by contacting us for a FREE consultation to discuss your personal injury claim.

Source: http://www.wcnc.com/news/local/Tombstone-falls-on-girl-158319095.html

Please NOTE: Kelly & West Attorneys, P.A. is not representing any parties involved in this case.

NC Halts Product Liability Legislation Limiting Wrongful Death Suits Against Drug Companies

Written by kwmlaw on July 11, 2014. Posted in Kelly & West News.

North Carolina legislature voted to halt the product-liability bill after attempting for three years to pass it in its current form.

The legislation would have drastically restricted a consumer’s ability to file personal injury or wrongful death lawsuits against pharmaceutical drug manufacturing companies.

In the hopes of protecting local manufactures from crippling financial damages that out of control lawsuits can cause, the product-liability bill was created. While not meant to shelter the pharmaceutical industry, it was intended to limit just how much a person could file lawsuit for so that local pharmaceutical jobs could still survive paying damage amounts.

NC is home to many drug making companies, such as the large GlaxoSmithKline complex in Raleigh, NC that employs hundreds of people.

Opponents of the bill have maintained that the product-liability bill, if passed, would have made North Carolina have the most restrictive provisions in the nation, thus preventing North Carolina citizens from receiving compensation for damages or harm caused by medications they took.

Supporters of the bill have maintained that some kind of protection for the companies is needed after the U.S. Supreme Court ruled that an FDA approval of a medicine does not protect a drug maker from liability for harm done by that company’s particular drug under state law. The U.S. Supreme Court ruling affirmed consumer rights to hold companies liable for harm from their products and upheld consumer rights to file suit in state courts.

As of now, only Michigan has passed a law that gives immunity from lawsuits to drug companies so long as the drug in question has been approved by the FDA.

Even though the product-liability bill has floundered, there is hope that the bill could be revised to a standard that is more appealing to all committee members.

Republican committee member, Tamara Barringer, stated that “I’m concerned about anything that will limit rights of consumers or anybody to recover for homer done to them. The original bill would have severely limited the ability to recover if someone were injured by a manufacturer defect, a design defect, or a failure to warn-any product liability suit. The language was too broad.”

Concern for unintended consequences of the bill’s language was front and center for many of the committee members on both sides. The committee did pass language to provide some protection to drug makers, given that consumers were properly notified or warned of risk and danger and the pharmaceutical company complied with all FDA requirements and standards. Consumers would have to prove the drug maker did not act accordingly before filing suit.

If you or a loved one have been affected by personal injury or wrongful death due to the negligence of a large pharmaceutical company, you can trust in the assistance of Kelly & West professional personal injury and wrongful death lawyers serving the North Carolina region.

Source: http://blogs.wsj.com/pharmalot/2014/06/13/north-carolina-shelves-product-liability-legislation/

Please NOTE: Kelly & West Attorneys, P.A. is not representing any parties involved in this case.

Reggie Welcomes Grandchild

Written by kwmlaw on July 7, 2014. Posted in Kelly & West News.

Kelly and West member Reggie West recently welcomed a new grandchild into his family. He now has five grandchildren ages 7 weeks, 20 months, 22 months, 3 years, and 15 years. Congratulations, Reggie!

Lawsuit Challenges NC Medical Examiners Accountability

Written by kwmlaw on June 30, 2014. Posted in Kelly & West News.

Dr. John Butts, a retired 23 year head medical examiner in NC, has been summoned to testify this week as part of a ground breaking lawsuit against the NC Medical Examiner practice.

The Personal Injury Lawsuit is challenging to hold NC Medical Examiners accountable for their work and mistakes.

Dr. Butts reveled to the Observer that during his tenure, he personally saw numerous medical examiners on his staff close cases without even viewing the body.

He also stated there were many cases he knew of where mistakes were made due to carelessness and lack of concern. He stated that because the medical examiners were not actual state employees, but rather contracted out at $100 per body examined, there was no power in his position to fire, demote, fine, or reprimand any medical examiners he found to be neglecting to fulfill their duties.

NC Medical Examiners have not been held accountable for their determination and findings, even when those findings have been blatantly wrong due to negligence.

In 2001, an investigation done by Observer reports found NC Medical Examiners had failed to detect five homicides over a five-year time period. errors and oversights in medical reports directly influenced and jeopardized hundreds of other cases. Observer reports also found that as many as 4,400 apparent drownings, suicides and fire deaths had not been actually autopsied.

Recently, a Charlotte, NC case was settled stating a medical examiner could not be held accountable for a wrongful cause of death because the medical examiner had not direct obligation to the family to perform services to a certain standard.

The suit is being brought forth by four families, one of which had a loved one’s body declared dead and a death report written up, without the body even being viewed. The young man was instead merely unconscious and in need of medical help. The man was zipped into a body bag and stored for numerous hours before the mistake was discovered.

Medical Examiners testimony and legal findings influence the results to all suspicious death cases, suicides, murders, and shootings and a negligent or completely inaccurate report can directly impact how a case is handled and what decision a jury makes.

Do you have a personal injury case? Do you need legal advice? expert North Carolina personal injury lawyers, Kelly & West Attorneys are here to win you the justice you deserve.

Source:

http://www.charlotteobserver.com/2013/04/28/4008087/suits-challengenc-medicalexaminers.html#.U6lftNJdVWQ

Please NOTE: Kelly & West Attorneys, P.A. is not representing any parties involved in this case.

Diane Burgess Coleman Benefit fundraiser

Written by kwmlaw on June 25, 2014. Posted in Kelly & West News.

The Diane Burgess Coleman Benefit fundraiser is set for Saturday, June 28th, from 11:00am to 2pm at Boone Trail Elementary School. Pork BBQ plates are $8 each and tickets can be purchased in advance from James Currin {910-890-3311 or 910-893-5346} and Joan Taylor {910-279-6136 }.

Please join us as we support Diane who has ALS. ALS, often referred to as “Lou Gehrig’s Disease,” is a progressive disease of the nerve cells in the brain and the spinal cord. To learn more about ALS, and those like Diane who are fighting this terrible disease, please visit http://www.alsa.org

John Edwards States Vidant Medical Settlement Reaches 13 Million

Written by kwmlaw on June 24, 2014. Posted in Kelly & West News.

John Edward’s first return to the court room as a personal injury lawyer since his time as a scandalized presidential hopeful ended in a mistrial and hefty settlement agreement.

John Edward’s was the personal injury lawyer for the Gaymon family, of Virginia, who accused a Pitt County emergency room doctor of negligence when choices made resulted in brain damage and other problems for their 4 year old son, Kaiden. The boy’s surgery took place in 2009 at the now renamed Vidant Medical Center.

In early 2009, Kaiden Gaymon was taken to Vidant Medical Center and diagnosed with a respiratory virus. Unfortunately, the oxygen respirator and breathing tube used on Kaiden was not working properly, nor properly monitored, and the boy endured several minutes without adequate oxygen, which resulted in brain damage and other problems.

The Pitt County jury was deadlocked in deciding if the doctor should be held completely responsible for the emergency room results that left the 4 year old boy irreversibly brain damaged.

Along with suing the emergency room doctor, the Gaymon family also sued Vidant Medical Center. Though the Pitt County jury trial resulted in a deadlock, Vidant Medical Center did agree to a $13 Million settlement for Kaiden’s family, which will help the family greatly to get Kaiden all the health care he now will need the rest of his life.

John Edwards plans to call for a retrial on behalf of Kaiden’s family against the doctor accused.

Do you need help getting justice for personal injury done to you or one of your family members? Did medical negligence lead to lifetime complications and higher, continuing, medical bills to correct or maintain? Don’t face this alone; team with the Kelly & West Attorneys, your expert North Carolina Personal Injury Lawyers.

Please NOTE: Kelly & West Attorneys, P.A. is not representing any parties involved in this case.

Sources:

http://www.witn.com/home/headlines/John-Edwards-Says-Vidant-Reached-13-Million-Settlement-In-Pitt-County-Case-259517411.html

http://www.wral.com/john-edwards-wraps-up-1st-case-since-2012-trial/13650142/

Lawsuit Alleges Negligence by NC Medical Examiner

Written by kwmlaw on June 23, 2014. Posted in Kelly & West News.

Gretchen Propst of Charlotte, NC, lost her appeals court lawsuit against Dr. Bruce Flitt, Gaston County, NC medical examiner, on June 3, 2014.

Ms. Gretchen Propst had submitted a suit against Dr. Flitt after discovering Dr. Flitt had failed to accurately examine her dead son’s body for cause of death. Dr. Flitt signed an inaccurate medical examiner’s report in 2005, stating he had examined the body.

Ms. Propst alleged that the extreme discrepancies from her son’s actual body and the signed report proved Dr. Flitt and his medical assistants never actually examined her son’s body for cause of death. Her suit claimed that their lack of action and wrongful signatures were in direct violation of their duties as County medical examiners.

Due to the ongoing deliberations, The Charlotte Observer performed an investigative series into medical examiner’s practices and discovered that medical examiners fail to examine one body out of every nine they are supposed to.

On June 3, 2014, the North Carolina appeals court decided unanimously to rule that Gretchen Prospst can’t sue Dr. Bruce Flitt or his assistants for negligence because she can’t show the doctor had any actual duty to her.

Have you been injured as a result of another persons’ negligence? Don’t allow someone’s lack of integrity and care to affect you and the ones you love. If you need a lawyer, please contact Kelly & West Attorneys to learn your rights, options, and legal avenues to ensure the wrong doing done to you is never repeated.

To learn more, contact a North Carolina personal injury lawyer at Kelly & West today. We represent individuals in Raleigh and throughout North Carolina to fight for your rights against:

Negligence
Medical Malpractice
Wrongful Death

When fighting against personal injury, make sure you have teamed with the best law firm in North Carolina, Kelly & West Attorneys, your personal injury professionals for over 30 years!

Sources:

http://charlotte.cbslocal.com/2014/06/04/nc-court-mom-cant-sue-death-examiner-on-findings/

Please NOTE: Kelly & West Attorneys, P.A. is not representing any parties involved in this case.

NC Limo Driver Sentenced to 12 Years for Double Fatality In DWI Case

Written by kwmlaw on June 9, 2014. Posted in Kelly & West News.

Rodney Koon, 46 years old, was sentenced to 12 years in prison for two counts of felony death by vehicle, involuntary manslaughter of an unborn child and driving while impaired.

On Aug. 11, Koon, an Asheville NC limousine driver, was driving while impaired and caused a crash that killed 26 year old Will Reid and his 25 year old wife pregnant wife, Jamie. Their unborn child was killed after Jamie succumbed to her injuries caused in the crash.

Emergency responders reported Jamie died in the crash, and their unborn child with her. Will Reid was conscious when crews arrived on the scene; however, he did not realize his wife and unborn child had already died, so he pleaded for responders to save her.

Will later succumbed to his injuries after arriving at the hospital.

The couple had traveled to Asheville to attend a friend’s wedding, and had hired Koon’s limousine service to drive them to the Asheville Regional Airport for their return flight home. It was on the drive to the Asheville Regional Airport that Koon lost control of the limo, ran off the highway, and hit a tree at 55 miles per hour.

The young family had been siting in the backseat of Koon’s limousine when the crash occurred.

During his court hearing on June 2, 2014 in Asheville, NC, Rodney Koon pleaded guilty to all counts. According to the Asheville Citizen-Times, it was noted by Investigators in a search warrant application that Koon’s actions “directly contributed to the collision”.

Tragedies such as this shouldn’t go unpunished. If you or someone you love have been a victim of a driver driving under the influence, don’t face the pain alone. It is your right to take action against them by utilizing a professional personal injury lawyer. To learn more, contact a North Carolina personal injury lawyer at Kelly & West today. We represent individuals in Raleigh and throughout the state.

Sources: http://www.nydailynews.com/news/national/husband-asked-rescuers-save-pregnant-wife-article-1.1427062

http://www.newsobserver.com/2014/06/03/3907757/nc-limo-driver-gets-12-years-in.html?sp=/99/102/110/

Join us for the Keith Rex “Tater” Thomas Golf Classic

Written by kwmlaw on May 5, 2014. Posted in Kelly & West News.

Reggie Kelly and several other friends of Keith Rex Thomas have joined together to remember Keith in a very special way, a way Keith would have loved, playing golf! The Keith Rex “Tater” Thomas Classic golf tournament will be held on Wednesday, May 7th at 1 p.m. at Pine Burr Golf Course in Lillington, NC.

This event is in memory of Keith, a dear friend of Reggie Kelly and Thomas West, as well as a very respected, well-liked member of the local community and a loving, husband, father, and grandfather. Keith’s daughter, Shannon Thomas Howell, works at Kelly & West and drew the logo for the tournament. Registration is still open. If you would like to register a team or make a donation, please contact Reggie Kelly at 910-893-8183 or Peggy at Pine Burr Golf Course at 910-893-5788.

The event includes a light lunch starting at 11:30 a.m. and a full meal catered by Ron’s Barn after the tournament. The tournament is a “FUNraiser,” not a FUNDraiser and any proceeds not used for costs and prizes will be donated to a charity in Keith’s memory. The cost is $60/player. We look forward to seeing you there!

Plane Crash Severs Lawn Mower Operator’s Hand

Written by kwmlaw on April 29, 2014. Posted in Kelly & West News.

A single-engine plane crashed into a man operating a lawnmower at a small North Carolina airport, severing his hand.

The New York Daily News reports that 74-year-old John Rufty was operating a riding lawnmower along a grass landing strip when the accident occurred. A single-engine plane, piloted by 84-year-old Edward Sisson, was flying into the landing strip when the plane collided with the lawnmower and the propeller blades of the aircraft completely severed Rufty’s left hand.

Sisson, an experienced pilot, had been flying into the small Taylorsville Airport from Crossville, Tennessee, to visit family in Taylorsville. The airport does not have an air traffic controller, and Rufty apparently couldn’t hear the incoming plane over the sound of the lawnmower, reports the Daily News.

The aircraft and the lawnmower both flipped over during the collision. Rufty was airlifted to the Baptist Medical Center in Winston-Salem where he was listed in critical condition. The plane’s pilot, Sisson, was not injured in the crash.

Sisson told officials that he didn’t see Rufty or the lawnmower until it was too late, reports ABC Local News. The conditions at the airport were explained by County emergency director Russell Greene, who said in an interview with ABC, “It’s my understanding there is no radio communications here for landing at this airport. This is a simple, grass strip, small planes only. Typically pilots circle the field. Make sure it’s clear and then come in for a landing.”

The accident is currently under investigation by the National Transportation Safety Board (NTSB) and the Federal Aviation Administration (FAA). No charges are currently pending against Sisson.

If you or someone you love is injured in a plane accident, our dedicated Raleigh personal injury attorneys may be able to help you. Contact Kelly & West today to discuss the details of your case with us.

NOTE: We are not handling a lawsuit for the airplane accident mentioned in this news report.

High-Profile Lawsuit Filed over N.C. State Fair Ride Malfunction

Written by kwmlaw on April 28, 2014. Posted in Kelly & West News.

Four members of a North Carolina family who were injured in a horrific amusement ride accident filed a lawsuit against several defendants, including two individuals and two companies.

The Charlotte News & Observer reports that the Gorham family is seeking $150 million in damages, largely punitive. The four family members, who were injured six months ago at the North Carolina State Fair when the Vortex ride malfunctioned and sent passengers flying through the air as they attempted to exit the ride, are husband and wife Anthony and Kisha Gorman, Kisha’s 14-year-old son Justen Hunter and the couple’s niece, Shykema Dempsey.

Anthony Gorman sustained the most serious injuries. According to the News & Observer, Gorman was hospitalized for four months with permanent damage to his brain, neck and spinal cord. The family’s attorney says Gorman is unable to make his own legal decisions and that he underwent another brain operation less than two days prior to the suit being filed.

Defendants named in the lawsuit include Joshua Macaroni, owner of the ride, and Timothy Dwayne Tutterrow who was operating the ride at the time of the accident. Tutterrow has been accused of tampering with the safety systems on the Vortex and was arrested shortly after the accident.

Additionally, two midway companies have been named as defendants: Powers Great American Midways (also known as Amusements of Rochester Inc.) and the Georgia-based Family Attractions Amusement. Powers is the long-time managing midway company for the N.C. State Fair and Family Attractions is considered by Georgia state officials to be the owner and operator of the Vortex ride, as well as a sub-contractor for Powers.

According to reports, specific charges in the lawsuit against Macaroni and Tutterrow allege they “negligently altered, jimmy-rigged, and re-wired circuitry controls” in order to increase the profits of the ride by getting passengers on and off faster than the safety systems would allow.

The Raleigh personal injury attorneys at Kelly & West are experienced with handling cases that involve various types of personal injury. If you or someone you love is considering a personal injury lawsuit, contact us to discuss the details of your case today.

NOTE: Kelly & West is not representing the family mentioned in this news report.

N.C. Firefighter Seriously Injured in Multi-Vehicle Accident

Written by kwmlaw on April 18, 2014. Posted in Kelly & West News.

Following a traffic accident at the scene of a woods fire, a North Carolina firefighter was seriously injured and suffered the loss of his left leg.

Courier-Tribune reports that 43-year-old Earl Harrington of Candor was part of a team of volunteer firefighters on the scene at 1906 Cole Road, near Brewer Road in Montgomery County. Smoke from the woods fire caused low visibility conditions that contributed to the accident, in which Harrington was pinned between a fire truck and a vehicle that struck it.

The fire department unit arrived on the scene at 2:14 p.m. and several firefighters were at the rear of the fire truck placing cones and getting out hoses when a Jeep traveling eastbound on the two-lane rural road struck the emergency vehicle, pinning Harrington between them. Shortly after, a second vehicle struck the Jeep.

Biscoe resident Clifton Donald Maness, 63, was driving the 2010 Jeep, which was the first vehicle to hit Harrington. Maness was taken to Moore Regional Hospital for evaluation, and damage to his Jeep was estimated at $23,000. The second vehicle, a 2012 Toyota car, was driven by 28-year-old Brittany Hancox Parsons, also of Biscoe, who was uninjured in the accident, reports the Courier-Tribune.

Both Maness and Parsons were charged with exceeding a safe speed under the poor visibility caused by smoky conditions.

According to reports, Harrington was airlifted from a landing zone near the fire to the medical facility at Chapel Hill where he was listed in serious condition. He underwent at least two surgeries to amputate his left leg and repair damage to his right leg. He is now reported to be in stable condition.

If you or a loved one is injured in an accident, you may be able to file a personal injury lawsuit and receive recompense for medical bills as well as pain and suffering. Our Raleigh personal injury lawyers are here to help you. Contact Kelly & West today to discuss the details of your personal injury claim.

NC Troopers Sue State for Pay Raises

Written by kwmlaw on April 18, 2014. Posted in Kelly & West News.

A recent lawsuit filed against the state of North Carolina alleges state troopers were promised pay raises that never materialized. According to the suit, the troopers now face severe financial hardships as a result of the empty promises.

Times-News reports that the suit was filed on behalf of several North Carolina State Highway Patrol troopers who say they were promised “graduated or step pay raises” as an enticement to join the Highway Patrol and that the promised raises were “contractual, and not discretionary.” However, they say, their wages have remained the same.

According to the lawsuit, “Since 2009, the state of North Carolina has failed to honor its promises to plaintiffs and has failed to grant them the pay raises to which they are entitled.” According to the suit, the troopers were supposed to receive four 5 percent increases between the ranks of senior and master trooper, with the first to take effect after two years. These step raises have not been granted, the suit alleges.

The difference in wages is substantial, reports Times-News, with beginning troopers earning around $34,000 annually and master troopers’ salaries starting at around $57,000. The state’s struggle to balance its budget may have played a role in failing to give raises to North Carolina troopers.

According to reports, some of the troopers are on public assistance and facing foreclosure. The lawsuit alleges that the raises would help the troopers get back on financial track and off of public assistance.

The plaintiffs in the lawsuit, who have worked as Highway Patrol troopers since 2009, are seeking back pay that could total around $10 million.

If you or someone you love is facing unfair working conditions and considering a lawsuit, our dedicated Raleigh attorneys may be able to help you. Contact Kelly & West today to discuss the possibility of a business lawsuit with us.

NOTE: Kelly & West is not handling the lawsuit mentioned in this news report.

Lawsuit Filed in Deadly Hazing of N.C. College Student

Written by kwmlaw on April 18, 2014. Posted in Kelly & West News.

The family of a North Carolina fraternity pledge who allegedly died as a result of a hazing ritual filed a lawsuit against the university and several individuals they believe were involved in the death.

The Daily News reports that 22-year-old Robert Eugene Tipton Jr., who pledged the Delta Sigma Phi fraternity at High Point University, was found not breathing on March 26 at an off-campus apartment belonging to a fraternity member. An autopsy found the official cause of death to be a drug overdose from painkillers, but noted abrasions to Tipton’s head, neck and torso.

In the lawsuit, the family says the 22-year-old was “violently assaulted and battered” during a hazing ritual, which was led by the son of the University’s president.

Michale Qubein, whose father Dr. Nido R. Qubein, is president of High Point, is named as a defendant in the lawsuit, reports the Daily News. Also named are fraternity member Marshall Jefferson and High Point director of security Jeffery A. Karpovich. Among the charges listed are wrongful death, assault and battery, negligence and civil conspiracy.

The lawsuit accuses Jefferson directly, stating he “violently assaulted and battered Tipton” at his off-campus apartment.

Additionally, the Greensboro News & Record reports that the lawsuit indicates the younger Qubein’s responsibility, contending that Tipton was “hazed viciously by members of Delta Sig at the direction of Qubein,” and that under him as pledge master and director of education, “Delta Sig ran wild on and near campus.”

Pertaining to Karpovich, the lawsuit claims “security workers were instructed by officers, managers and directors…to use the lowest level of enforcement possible — particularly with anything involving Qubein and his fraternity,” according to the News & Record.

Tipton’s family is seeking in excess of $10,000 in damages for wrongful death.

If you or someone you love is considering a wrongful death or personal injury lawsuit, our dedicated Raleigh attorneys may be able to help you. Contact Kelly & West today to discuss the details of your case.

NOTE: Kelly & West is not representing the family mentioned in this news report.

Police Seek Driver at Fault in Deadly N.C. Collision

Written by kwmlaw on April 18, 2014. Posted in Kelly & West News.

The North Carolina Highway Patrol is seeking a driver who is responsible for causing a four-car collision on N.C. 43 that killed one person and injured another.

Rocky Mount Telegram reports that 51-year-old veteran Tony Leon Leonard, of Rocky Mount, was killed in the crash when the Disabled American Veterans (DAV) transport van in which he was a passenger collided with an SUV and then overturned in a ditch. The driver of the van, 63-year-old Yattie Williams, was injured and treated at Vidant Medical Center. Williams is a DAV volunteer, who was transporting Leonard home from a clinic appointment.

According to reports, the accident began when a black vehicle entered the southbound lane on a cresting hill to pass northbound traffic in a no-passing zone. A Ford Expedition in the southbound lane braked for the oncoming black vehicle causing a Dodge Dakota following the Ford to hit the SUV from behind, spinning it into the northbound lane and the DAV van. The impact caused the van to overturn and the Ford then struck a Honda car that had been behind the van.

The at-fault driver fled the scene before police and emergency personnel could respond. Sgt. Gary Weaver, speaking to the Telegram, stated the unknown black vehicle was possibly a Honda Accord or a Nissan Maxima.

While the driver of the black vehicle remains at large, the driver of the Dodge, 30-year-old Jamie Warren, has been charged with misdemeanor death by motor vehicle. It was determined that Warren was following the Ford too closely to avoid hitting the vehicle when it braked.

When negligent and/or reckless driving leads to fatal injuries, the responsible parties can be held accountable. The Raleigh personal injury lawyers of Kelly & West represent individuals and families affected by such negligence. To speak with an attorney at our firm about a possible auto accident case, please contact us today.

NOTE: Kelly & West is not representing anyone mentioned in this news report.

N.C. Firefighter Seriously Injured in Multi-Vehicle Accident

Written by kwmlaw on April 8, 2014. Posted in Kelly & West News.

Following a traffic accident at the scene of a woods fire, a North Carolina firefighter was seriously injured and suffered the loss of his left leg.

Both Maness and Parsons were charged with exceeding a safe speed under the poor visibility caused by smoky conditions.

NC Troopers Sue State for Pay Raises

Written by kwmlaw on April 1, 2014. Posted in Kelly & West News.

The plaintiffs in the lawsuit, who have worked as Highway Patrol troopers since 2009, are seeking back pay that could total around $10 million.

NOTE: Kelly & West is not handling the lawsuit mentioned in this news report.

Lawsuit Filed in Deadly Hazing of N.C. College Student

Written by kwmlaw on March 31, 2014. Posted in Kelly & West News.

In the lawsuit, the family says the 22-year-old was “violently assaulted and battered” during a hazing ritual, which was led by the son of the University’s president.

The lawsuit accuses Jefferson directly, stating he “violently assaulted and battered Tipton” at his off-campus apartment.

Pertaining to Karpovich, the lawsuit claims “security workers were instructed by officers, managers and directorsâ€¦to use the lowest level of enforcement possible — particularly with anything involving Qubein and his fraternity,” according to the News & Record.

Tipton’s family is seeking in excess of $10,000 in damages for wrongful death.

NOTE: Kelly & West is not representing the family mentioned in this news report.

Police Seek Driver at Fault in Deadly N.C. Collision

Written by kwmlaw on March 20, 2014. Posted in Kelly & West News.

The North Carolina Highway Patrol is seeking a driver who is responsible for causing a four-car collision on N.C. 43 that killed one person and injured another.

NOTE: Kelly & West is not representing anyone mentioned in this news report.

N.C. Family Sues Whirlpool Over Deadly Fridge Fire

Written by kwmlaw on March 17, 2014. Posted in Kelly & West News.

The family of a North Carolina man who was killed when his refrigerator caught fire filed a lawsuit against Whirlpool Corporation, the manufacturer of the appliance.

WSJM News Radio reports that Ashley Alvin Walker’s surviving family is suing Whirlpool over a 2012 incident that caused the man’s death. Walker noticed smoke coming from his refrigerator and opened the freezer door to investigate. The appliance had overheated more than 1,000 degrees Fahrenheit and opening the door caused a backdraft that introduced a rush of oxygen, producing a fireball that launched at Walker.

According to Courthouse News Service, the family said in the complaint that the fireball damaged Walker’s lungs and burned his face and body. The lawsuit states, “In what must have been extreme agony, decedent managed to pull himself from his kitchen to the front door. Eventually, he was rushed to the hospital by emergency personnel, but unfortunately, it was too late. He died later that day from his injuries. His death certificate lists the cause of death as ‘acute thermal injury’.”

The resulting fire also burned much of Walker’s home and his belongings, reports WSJM.

In the lawsuit, the family claims that the appliance had a defective heating element pin in the icemaker which caused it to overheat. Walker bought the refrigerator in March of 2002, but it had been repaired under warranty at the time of the accident, according to Courthouse News Services. The suit also states that 150,000 house fires are caused by major appliances each year.

Among the allegations listed in the lawsuit are failure to warn, negligence, negligent repair and breach of warranty. Walker’s family seeks both compensatory and punitive damages in this lawsuit.

If you are considering a wrongful death or personal injury lawsuit, our dedicated Raleigh attorneys may be able to help you. Contact Kelly & West today to discuss the details of your case.

NOTE: Kelly & West is not representing the family mentioned in this case.

North Carolina DWI Penalties – What You Should Know

Written by kwmlaw on March 12, 2014. Posted in Kelly & West News.

Driving while intoxicated (DWI) in North Carolina is a very serious offense with serious punishments. You could face large fines, mandatory jail time, and loss of your driving privileges. If you are a repeat offender, these penalties increase and additional punishments are added such as an ignition interlock device for our car.

Additionally, if there are other aggravating factors attached to the DWI arrest, the penalties can severely increase and jail time often becomes mandatory. There are also has aggravating and mitigating factors the judge may consider when handing out sentencing for a DWI. If you meet two or more of these factors, your fines and punishment can be increased.

A Brief Look At DWI Punishments

First Time Offenders with no other circumstances attached to the arrest:

â€¢ $200 fine
â€¢ Up to 24 hours in jail
â€¢ 1 year license suspension

These fines increase with second and third convictions.

Grossly Aggravating Factors

Any of these issues that can be attached to your DWI arrest will increase your fines and may also require longer periods of mandatory jail time. These factors include:

â€¢ Prior DWI conviction in the last 7 years
â€¢ Driving with a suspended license from a previous DWI
â€¢ Injury or accident occurring due to driving while intoxicated
â€¢ Having a person under the age of 16 in the car while driving under the influence

Additional factors:

â€¢ Blood alcohol level in excess of 0.15 percent
â€¢ Eluding police from being stopped for DWI
â€¢ Driving in excess of 30miles over the speed limit
â€¢ Illegally passing a school bus
â€¢ Having a revoked license

Each of these factors can significantly increase your fines and mandatory jail time. North Carolina law also requires that anyone convicted of a DWI must carry SR 22 car insurance. This type of insurance is in addition to your regular policy and is meant specifically to deal with drinking and driving related incidents. This is a very expensive policy and you will be required to carry it for an extended period of time.

As you can see, being arrested and charged with a DWI in North Carolina is very serious and can have a lasting impact on your life. If you have been charged with a DWI, it is important to seek legal representation from an experienced DWI defense attorney.

Lowes Sued Over Dog Attack Inside Store

Written by kwmlaw on March 6, 2014. Posted in Kelly & West News.

Lowes Home Improvement, the North Carolina-based mega-chain, is facing a lawsuit filed by the family of a child who was bitten by a dog inside one of its stores.

The Press Enterprise reports that the Zubaidi family of Murrieta filed the suit regarding an incident that occurred last year, when their then-3-year-old son was bitten in the face while inside the store with his father and grandmother. The dog, Chester, a purebred Akita, was on a leash and being walked by the owner through the stores garden department. Injuries the boy sustained in the attack required around 50 stitches.

Also named in the lawsuit is Robert Steven Kahn, the dogs owner. Kahn was arrested and charged with felony negligence in January of this year. He is pleading not guilty to the charges, reports the Press Enterprise.

The lawsuit alleges that Lowes was responsible for the incident because the store failed to forbid Kahn from bringing his dog inside the store. According to reports, a spokeswoman for Lowes, Karen Cobb, had previously stated that the home improvement store chain does not permit non-service animals inside any stores nationwide for “safety and sanitary reasons.”

Additionally, the lawsuit states that store employees on duty at the time of the attack did not call 911 in the aftermath.

Investigators determined that the dog had been involved in previous incidents with young children, including scratching a childs finger and biting another childs arm. However, Chester was not euthanized after animal control officials determined that Kahn was “irresponsible” as an owner. Eventually, Chester was placed in an Akita rescue shelter.

The Zubaidi family seeks damages in excess of $25,000 in the lawsuit.

The Raleigh personal injury attorneys at Kelly & West are experienced with handling cases that involve various types of personal injury, including dog bite lawsuits. If you or a loved one are considering a personal injury lawsuit, contact us to discuss the details of your case today.

N.C. Doctor Settles in Chronic Sexual Harassment Lawsuit

Written by kwmlaw on March 4, 2014. Posted in Kelly & West News.

A Charlotte, North Carolina doctor agreed to a settlement for a sexual harassment lawsuit filed against him by three former employees.

Charlotte Observer reports that Dr. Hans Hansen settled the lawsuit for an undisclosed amount in a confidential agreement just days before the trial was scheduled to start. Hansen operates Pain Relief Center clinics in several cities around North Carolina, including Conover and Statesville.

The plaintiffs were three female former employees — Deana Lingle, Robin Perun and Leslie Treadway who worked primarily at the Conover clinic and occasionally helped out at the Salisbury and Statesville locations.

At first, they filed a complaint with the N.C. Equal Employment Opportunity Commission in 2010, alleging that Hansen subjected them to months of sexual propositions and inappropriate physical contact, including kissing and fondling, according to the Observer. The following year, the three filed a federal lawsuit. Among the allegations cited were intentional infliction of emotional distress; assault and battery; and negligent hiring, supervision and retention.

In response, Hansen and his attorneys said that the women had banded together to file “trumped-up claims” against the doctor. The defendants alleged that the former employees did not follow set company procedures for filling claims of harassment, and that they had changed their stories. Further, they argued that the case should have been considered in part a workers’ compensation claim.

However, the argument for treating the case as worker’s comp was dismissed. One week before the early January trial was to begin, Hansen reached a sealed settlement offer with attorneys for the plaintiffs.

The employees had originally asked for more than $100,000 in damages and to be reinstated to their jobs with corrective measures in place to protect them. All three were either terminated or had left the company prior to the lawsuit.

If you or a loved one is experiencing problems in your workplace such as discrimination or trouble with a workers’ compensation claim, contact Kelly & West for help.

NOTE: Kelly & West is not representing the plaintiffs in this case.

3 Questions to Ask When Choosing a Personal Injury Lawyer

Written by kwmlaw on February 28, 2014. Posted in Kelly & West News.

When looking for a personal injury lawyer, there are three major questions that should be asked. Without asking these questions, itâ€™s almost impossible to know if the lawyer will be helpful.

Anyone who is looking for a lawyer needs someone who can actually help them win their case, so itâ€™s crucial to ask the right questions and carefully select someone who is qualified for the case.

Do They Have The Resources?

Itâ€™s no secret that there are thousands of different lawyers to choose from. However, many of these lawyers advertise their service, but once hired, they end up not having enough resources to handle the case.

Despite what anyone says, personal injury cases can be quite complex, and without enough resources, they can be very hard to win. Some lawyers want nothing more than to help their clients win a case, but this desire becomes so strong that they take on cases and donâ€™t have the resources to follow through.

Do They Have The Experience?

Here is another important question to ask. A lot of lawyers have read every single line of every personal injury law in existence. However, experience will almost always trump theory.

Some lawyers will have all of the technical credentials that youâ€™re looking for, but if they have very little experience in the field, then theyâ€™re probably not as valuable as they would have you believe. To win a personal injury case, adequate experience is crucial.

Do They Have A Good Track Record?

A good track record is just as important as experience. Even if a lawyer has plenty of experience, it doesnâ€™t mean anything if he or she has lost most of their personal injury cases.

A good track record isnâ€™t even about how many cases the lawyer has won or lost. What really matters is how many clients the lawyer has been able to produce favorable results for.

A good track record will show that the lawyer has produced favorable results for most of the clients theyâ€™ve worked with. By asking these three simple questions, youâ€™ll greatly increase the probability that you will find the lawyer who is perfect for your case.

If you are the victim of a personal injury do to the fault of others, contact Kelly & West Attorneys today for a free consultation.

Channel 9 Uncovers Neglect at North Carolina’s Nursing Homes

Written by kwmlaw on February 27, 2014. Posted in Kelly & West News.

During an investigation into conditions at the nursing homes that operate as Brian Centers in North Carolina, Channel 9 reports it uncovered complaints of neglect, abuse and poor conditions.

According to Channel 9, some of the families whose loved ones were placed in one of the nearly two dozen Brian Centers in North Carolina have been regretting their decision.

“If I had to do it over, I would not put my mom in the Brian Center,” Kimberly Wyatt told Channel 9.

Wyatt told Channel 9 that her mother, who spent three years at the Brian Center in Hendersonville following a stroke, that the staff didn’t take care of her mother as they should have.

According to Wyatt, she found her mother’s call button out of reach on more than one occasion, preventing her mother from calling for help if she needed it. She said she found it on the floor after watching the nursing director walk out of her mother’s room. Wyatt told Channel 9 she questions whether the call button was on the floor the night her mother died.

Channel 9 also reports that it found several documents showing a lack of care at the facilities. Inspectors from the Department of Health & Human Services documented improper hygiene and staff’s failure to follow physician’s orders during two separate visits to the Brian Center in Hendersonville.

According to the news report, the station uncovered other reports revealing negligence at the facilities scattered across the state. A former employee of Brian Centers said in an interview that she resigned from her position due to negligent care.

When we place our loved ones in the care of a nursing home, we trust that they will be well taken care of. Discovering that they have been neglected or abused is devastating and should not be tolerated. If you suspect that your loved one has been mistreated while under the care of a North Carolina nursing home, contact the personal injury lawyers at Kelly & West for legal help. You may be eligible to pursue damages.

NC Supreme Court to Consider Wrongful Death Suit Against Wilson County

Written by kwmlaw on February 25, 2014. Posted in Kelly & West News.

A woman filing a wrongful death suit against Wilson County over the death of her husband has been given the go-ahead by the North Carolina Supreme Court.

The Wilson Times reports that the lawsuit filed by Lois Edmonson Bynum will be considered despite Wilson County’s attempt to appeal an earlier decision by a local judge, which was subsequently upheld by the N.C. Court of Appeals, allowing the suit to proceed.

Lois Bynum’s lawsuit alleges Wilson County was responsible for the death of her husband James Earl Bynum. Bynum had gone to the county’s office building on Miller Road on April 15, 2008 to pay his water bill. As he exited the building, he fell facedown on the front steps and suffered debilitating injuries, later leading to his death, reports the Times.

Wilson County initially filed a motion for summary judgment in a local court on the grounds of government immunity. The motion was denied on the basis of Bynum’s reason for entering the county building — to pay his water bill, which is not considered a governmental function. Rather, water service through a municipal corporation is considered a proprietary function, and liability for negligence applies in the same way it would to a privately owned company.

According to the Times, the ruling was upheld again in the N.C. Court of Appeals and most recently by the state Supreme Court.

When the initial incident occurred, Bynum and his wife claimed that the stairs of the county building had given out as he was walking down them, causing him to fall two-thirds of the way down. A metal plate signifying repairs had been placed on one of the steps, but the lawsuit claims that the step Bynum fell from did not have a plate.

Injuries incurred from the fall caused Bynum to become a quadriplegic, leading to a drastically lowered quality of life. He died in January 2011.

Property owners and managers are responsible for maintaining the safety of their properties. When something causes someone to slip and fall and sustain serious injuries, they can be held liable. To learn more on the subject or to speak with an attorney about a possible premise liability lawsuit, contact Kelly & West today.

NOTE: Kelly & West is not handling the case mentioned in this news article.

NC Appeals Court Rules that Fireworks Negligence Lawsuit Can Proceed

Written by kwmlaw on February 24, 2014. Posted in Kelly & West News.

The North Carolina Court of Appeals will allow negligence lawsuits filed on behalf of four workers killed or injured during a 2009 fireworks explosion to continue.

WCNC News reports that the court ruled in favor of the estates of three workers who died as a result of the explosion and one who was injured. Representatives for the workers filed the lawsuits in a lower court against Melrose South Pyrotechnics, the company who had been hired to put on the Fourth of July display that turned deadly.

The 2009 incident occurred on Ocracoke Island, a North Carolina barrier island. According to WRAL News, a crew of four men and one woman was working on or near a truck carrying fireworks when an explosion occurred just after 9 a.m. Witnesses reported homes and businesses shaking and said the resulting plume of smoke could be seen for miles.

One worker was killed instantly. The other four were airlifted to Pitt Memorial Hospital in Greenville and the North Carolina Jaycees Burn Center at UNC Hospitals. One of the injured, who suffered burns over 95 percent of his body, died at UNC Hospitals that afternoon, and two others died later due to injuries suffered in the explosion, reported WRAL.

WCNC reports that investigators determined a small explosion, which involved igniters for the fireworks, triggered the larger, devastating explosion.

Representatives for three of the deceased as well as the injured survivor filed negligence lawsuits against Melrose South Pyrotechnics, alleging that the workers had not received any training in pyrotechnics. The company, which had already paid a settlement of $42,000 to the North Carolina Department of Labor, requested that the lawsuits be dismissed due to insufficient evidence.

However, a three-judge panel for the appeals court unanimously upheld a previous ruling by the lower court to side with the plaintiffs and allow the litigation to continue.

If you or a loved one are considering a wrongful death or personal injury lawsuit, our Raleigh personal injury attorneys may be able to help you. Contact Kelly & West today to discuss the details of your case.

NOTE: Kelly & West is not representing the plaintiffs mentioned in this news report.

Fatal Head-On Crash is 4th Wrong Way Collision on U.S. Highway 1

Written by kwmlaw on January 30, 2014. Posted in Kelly & West News.

A North Carolina accident that killed two drivers is the fourth fatal crash in six years that has involved vehicles headed the wrong way on U.S. Highway 1, between Southern Pines and Sanford.

WRAL News reports that 36-year-old Terrell Abbott of Austin, Texas, and 20-year-old Jasmine Wicker of Sanford, North Carolina, were killed when their vehicles collided head-on. Abbott was headed south in the northbound lane of the highway in a Toyota SUV and crashed into Wicker’s Toyota sedan at about 10:45 p.m., near the Hylands Hills Golf Course.

According to the North Carolina State Highway Patrol, both vehicles burst into flames following the impact. Troopers kept the highway closed for three hours in both directions after the crash.

There have been three previous wrong-way collisions between 2008 and 2011 on U.S. Highway 1 near Sanford that have resulted in fatalities. Another wrong-way accident occurred in November, when a Vass police officer used his car to stop a vehicle that was headed north in the southbound lane â€” just a few miles from the site of the most recent collision. The officer and the other driver both survived the crash, and investigators believe the driver had a medical condition, reports WRAL.

Traffic engineers have examined this stretch of highway after each fatal crash, looking to see whether more guardrails, better signage or other safety improvements should be implemented. There are “Wrong Way” and “Do Not Enter” signs currently posted along the highway near the site of the wreck involving Wicker and Abbott.

Wicker’s family says she was driving home from work when she was killed, according to WRAL. Troopers are uncertain where Abbott entered the highway, or why he was driving in the wrong direction. “As far as alcohol use or anything else, we don’t know yet,” First Sgt. Eric Ritter told WRAL.

If you or a loved one is injured, or you lose a loved one in a car accident, you may be able to file a personal injury lawsuit and receive compensation for expenses, as well as pain and suffering. Our Raleigh personal injury lawyers are here to help you. Contact Kelly & West today to discuss the details of your personal injury claim.

New Documents Shed Light on Ride Accident at NC County Fair

Written by kwmlaw on January 27, 2014. Posted in Kelly & West News.

Hundreds of document pages were recently released pertaining to the disastrous ride accident last October at the North Carolina State Fair.

ABC11 Raleigh reported some of the information gleaned from the documents, which show the reasoning that led investigators to arrest both the owner and the operator of the Vortex ride that malfunctioned on Oct. 24, 2013.

The incident occurred when the ride stopped and then suddenly started again as passengers were climbing off. Some of the riders dropped 20 feet onto the metal platform. Among the critically injured were the Gorham family of North Carolina, including Kisha (39), Anthony (29) and an unidentified 14-year-old, reported Fox News in October.

The documents reviewed by ABC11 included images of the blood-stained Vortex ride platform following the accident as well as maintenance records that indicate red flags for the ride’s operation as early as Oct. 21. In the report, a problem was noted with a sticking solenoid cylinder that caused a fault signal in the ride’s lap bar operation.

Additionally according to ABC11, the documents show that children under the age of 16 are not supposed to ride the Vortex, and that the ride requires a minimum of four operators at all times. The youngest injured in the accident was 14 and the ride had only a single operator — Timothy Tutterrow (46), who was arrested along with ride owner Joshua Macaroni (32).

Inspectors believe that despite three daily inspection checks signed by Tutterrow, the operator and owner bypassed safety systems to allow the ride to continue working when the safety harnesses weren’t locked. Photos released with the documents show the wiring and electrical box that could have allowed them to override safety protocols, reports ABC11.

One victim is still hospitalized months after the accident. Both Macaroni and Tutterrow face three counts of assault with a deadly weapon inflicting serious bodily injury.

If you or someone you love is injured in an accident, our Raleigh personal injury attorneys may be able to help you. Contact Kelly & West today to discuss the details of your case with us.

*Note: Kelly & West are not representing the people mentioned in this news article.

Mother of Toddler Burned by Soup Files Lawsuit

Written by kwmlaw on January 22, 2014. Posted in Kelly & West News.

A North Carolina woman is suing a ramen noodle company, alleging that design defects led to the second-degree burns her 1-year-old daughter incurred.

Fox News reports that Kimberly Buffkin filed the lawsuit against Maruchan Inc. and its parent company, Tokyo-based Toyo Suisan Kaisha, in Forsyth Superior Court. The incident referred to in the lawsuit occurred two years ago, when a boiling hot cup of noodles spilled on Buffkin’s daughter and caused severe burns.

The lawsuit alleges Maruchan Instant Lunch, the company’s single-serving instant noodle cups, are designed in a way that makes them more likely to spill. The product is packaged in a tapered Styrofoam cup and preparation involves adding boiling water to the cup and leaving it covered for a few minutes until the noodles are tender.

Buffkin’s daughter was with her father, Jason A. Powell, when the accident happened, reports Fox News. Powell had been preparing the noodles and placed the cup on the kitchen counter to cool. His 1-year-old nephew tipped the cup over and spilled the contents on the daughter, who was standing near the counter.

According to the lawsuit, the toddler incurred second-degree burns to her shoulder, chest, back and groin area. She has undergone skin grafts and cosmetic surgery and, according to Buffkin, she requires more surgeries to repair the damage, including reconstructive surgery.

Studies have investigated potential burn risks for instant soup cups. The lawsuit cites a study claiming that Maruchan Instant Lunch cups represent a high risk for tipping. The suit further states that the cup purchased by Buffkin did not have a warning about “the significant risk of tipping and/or spilling associated with the design of the cup.”

Maruchan, reportedly, denies the allegations of risk and lack of warning and blames the girl’s father, accusing Powell of negligence and inattention. The company also filed a motion to dismiss the suit.

Makers of consumer products have a legal responsibility to provide adequate instructions and safety warnings regarding any potential risks related to their products. They are also responsible for producing products that are safe for use.Â

If you or someone you love is injured by an unsafe product or was injured because the company failed to provide proper safety warnings, our dedicated Raleigh personal injury attorneys may be able to help you seek compensation for any damages that incurred. Contact Kelly & West for more information.

*NOTE: Kelly & West is not representing the clients in this case.

Lawsuit Filed in Fatal NC Police Shooting of Former Football Player

Written by kwmlaw on January 21, 2014. Posted in Kelly & West News.

The family of a former football player for Florida A&M University, who was fatally shot by Charlotte police, filed a wrongful death lawsuit against several parties.

CNN reports that Georgia Ferrell, the mother of the victim, filed the civil suit in connection with her son’s death in September of last year. Defendants named in the lawsuit include the city of Charlotte, Mecklenburg County, Police Chief Rodney Monroe and Officer Randall Kerrick.

Last September, 24-year-old Jonathan Ferrell crashed his car in a residential area at around 2:30 a.m. and had to break through the back windshield in order to exit the vehicle. Ferrell knocked on the door of a nearby home, seeking help. The resident of the home, a woman who was alone with her 1-year-old child, believed that someone was trying to break in and called 911, reports CNN.

After the resident called police and activated her home security system, Ferrell left the home to look for help elsewhere. The lawsuit alleges that responding police, including Kerrick and two other officers, arrived on the scene in 11 minutes and sought out the injured, unarmed Ferrell rather than speaking with the woman who had called 911.

According to CNN, police reported that Ferrell had acted in a threatening manner when they approached, describing the interaction with the victim through words like “charged,” “ran” and “advanced.” At one point, an officer claims to have unsuccessfully attempted to subdue Ferrell using a stun gun.

The lawsuit alleges that Officer Kerrick used “stealth and surprise” to approach Ferrell, and that the injured victim would not have understood the officer’s intentions. It is surmised in the lawsuit that Ferrell’s enthusiastic approach stemmed from relief that assistance had arrived. However, the lawsuit states, “Defendant Kerrick, in direct violation of written CMPD regulations, fires 12 high-velocity bullets at Jonathan, striking him 10 times in the chest and arms.”

Kerrick, who is currently free on $50,000 bond, has been criminally charged with felony voluntary manslaughter, as the Charlotte-Mecklenburg police department has called the shooting “unlawful,” reports CNN. Ferrell’s surviving family seeks unspecified damages of more than $10,000 and hopes the lawsuit “will lead to changes in the way Charlotte-Mecklenburg police are trained.”

If you or a loved one are considering a wrongful death or personal injury lawsuit, our dedicated Raleigh attorneys may be able to help you. Contact Kelly & West today to discuss the details of your case.

NOTE: Kelly & West is not representing the family in this case.

Wrongful Death Lawsuit Alleges Man Was Sent s Dead in Taxi

Written by kwmlaw on December 30, 2013. Posted in Kelly & West News.

A North Carolina mother filed a lawsuit against a hospital security service, alleging that her son was already dead when, after his discharge, security guards placed him in a taxi and sent him home.

United Press International (UPI) reports that Deborah Washington of Fayetteville, North Carolina, is suing AlliedBarton Security Services over the incident, which occurred on Nov. 22, 2011, when her son, A’Darrin Washington (30), was discharged from Cumberland County Hospital.

A’Darrin suffered from non-Hodgkin’s lymphoma and had been going to the hospital on and off for 10 years, receiving treatment for the recurring pneumonia associated with the disease. He had been admitted to the hospital eight days prior, on Nov. 14 and was misdiagnosed with bacterial pneumonia, according to UPI.

After being given the wrong medication, his diagnosis was corrected to fungal pneumonia and the proper medication was administered. However, reports UPI, A’Darrin still felt weak and sick when the hospital told him on Nov. 21 that he was ready to be discharged.

The hospital called a taxi service the next morning, Nov. 22, to take A’Darrin home and AlliedBarton Security guards were called to escort him from his hospital bed to the lobby. According to the lawsuit, a nurse requested the security escort because “Mr. Washington was allegedly ‘uncooperative’ and ‘refusing to talk or move’.”

The complaint further states “Mr. Washington was unresponsive due to the fact that he was dying.”

NewsOne reports that prior to his discharge, A’Darrin was extremely weak and in pain, and had requested not to be discharged, before he became unresponsive and unable to talk or move. Nevertheless, two security guards loaded him into the waiting taxi from his wheelchair, secured him in place with a seat belt and even crossed his legs while he was unresponsive, states his mother, Deborah.

A’Darrin never regained consciousness during the 45-minute ride home. Upon arrival, the lawsuit states he was “unresponsive and cold to the touch.” Washington experienced further severe distress as her son’s body remained in front of the home for four hours while police investigated.

The lawsuit seeks both compensatory and punitive damages for wrongful death, negligence and negligent infliction of emotional distress.

If you or a loved one are considering a wrongful death or personal injury lawsuit, our dedicated Raleigh attorneys may be able to help you. Contact Kelly & West today to discuss the details of your case.

NOTE: Kelly & West is not representing the plaintiffs in this lawsuit.

Two Lawsuits Pending Against Fayetteville, NC Police

Written by kwmlaw on December 11, 2013. Posted in Kelly & West News.

Recently, two lawsuits have been filed against Fayetteville officers relating to separate events that occurred in 2012 and 2011.

The first claimant, Herman Harris Jr., filed a suit against police officer Zachary Pittman over a foot chase in August 2012 that ended when Harris was shot, reports the Fayetteville Observer.

In the lawsuit, Harris alleges that after being shot four times by Pittman, he suffered “numerous physical health problems” that include permanent nerve damage and weight loss. After the first filing, the lawsuit was amended to “clarify the injuries [Harris] suffered.” He seeks a jury trial and unspecified damages.

According to the Observer, the Fayetteville City Council voted in favor of providing for Pittman’s legal defense, a common practice for lawsuits involving city employees who are sued while performing their jobs. Police warrants concerning the arrest state that Pittman, responding to a complaint about a suspicious vehicle, gave chase when Harris ran from him and that Harris aimed a .40-caliber Glock 22 at Pittman before the officer fired on him.

The Council also voted to provide legal defense for two other officers in an unrelated case. The Observer reports that officers James House and Steven Randall are being sued in federal court by a man who alleges police misconduct following his 2011 arrest.

In this case, Connie Jerrod Elliot claims through his lawsuit that while in custody, he was injured, choked and verbally threatened by House and Randall. Elliot also seeks unspecified damages. Yet city officials deny the charges, stating in a court record that Elliot was “non-compliant, combative and verbally abusive” during and after his arrest.

Both Harris and Elliot intend to defend themselves in court.

NC Sheriff Sued Over Death of Inmate

Written by kwmlaw on December 3, 2013. Posted in Kelly & West News.

The family of a Wake County inmate who died of a drug overdose filed a lawsuit against the sheriff, alleging negligence and more.

News & Observer of Raleigh reports that the family of Ralph Madison Stockton IV, who was 19 years old when he died, is suing Sheriff Donnie Harrison for wrongful death along with Wake County and 16 county employees who work at the county jail where Stockton died Nov. 6, 2011.

Stockton was the grandson and namesake of prominent Winston-Salem lawyer Ralph Madison Stockton, Jr. According to the News & Observer, the young Stockton had been brought into the prison the night of Nov. 5, 2011, when a convenience store clerk alerted police to his odd behavior that seemed to indicate impairment. When police pulled Stockton over, the 19-year-old swallowed several pills as the deputy was searching the trunk of the car.

Prison records indicate that Stockton admitted to having a drug problem once he was brought in. According to an internal investigation, several prison staff and law enforcement noticed his erratic behavior and some believed he was on drugs. His mother, Tanya Stockton, also says that she repeatedly contacted the jail to tell them about his drug problem, reports the News & Observer.

According to state regulations, all inmates must be checked at least twice every hour. That requirement increases to four times each hour when there is a suspicion of impairment. However, an investigation by state health officials determined that Stockton, who had been given a mat on the floor of the overcrowded jail to sleep on, was not monitored at even the minimum standard.

According to the lawsuit, other inmates told jail officers that Stockton had admitted to taking drugs before entering the prison and that he seemed to have trouble breathing, but their concerns were dismissed. The lawsuit also indicates that since 2010, there have been several cases at the Wake County jail where inmates were injured or died due to poor monitoring and poor staff training.

Fair Ride in N.C. Injures 5; Owner and Operator Charged with Assault

Written by kwmlaw on November 20, 2013. Posted in Kelly & West News.

Following an accident involving a ride at the North Carolina State Fair that injured five people, both the operator and the ride’s owner have been charged with assault with a deadly weapon.

NBC News reports that police arrested ride operator Timothy Dwayne Tutterrow (46) following an investigation into the incident with the Vortex ride, which according to witnesses restarted as people were getting off the ride. Tutterrow, who was employed by an independent ride operator rather than the Fair itself, is charged with three counts of assault with a deadly weapon.

Also charged in the incident is Joshua Gene Macaroni (32), who is listed as the owner of the Vortex, according to NBC. Macaroni surrendered to authorities upon learning he’d been charged with two counts of assault with a deadly weapon inflicting serious injury and one count of felony assault on a juvenile with a deadly weapon inflicting serious injury.

Macaroni was not present at the time of the accident and his family is questioning why he is being charged with crimes. The attorney for Macaroni, Dan Boyce, said in a statement, “We look forward to working with law enforcement so we can learn their theory on why Josh is somehow partly responsible for this terrible tragedy.”

The investigation into the accident, which flung people into the air as they attempted to exit the pendulum-swing ride, claims to have uncovered tampering. Investigators stated that critical safety equipment which kept the ride from moving unless riders were secured had been bypassed, allegedly after a safety switch malfunction that occurred a few days before the accident had shut down the Vortex for several hours.

Among the critically injured were Kisha Gorham (39), Anthony Gorham (29) and an unnamed 14-year-old who had been hospitalized at WakeMed in Raleigh, according to Fox News.

If you or someone you love is injured in an accident our dedicated Raleigh personal injury attorneys may be able to help you. Contact Kelly & West today to discuss the details of your case with us.

NOTE: Kelly & West is not handling this case.

Family Sues NC Hospital Over Wrongful Death of Teen

Written by kwmlaw on November 19, 2013. Posted in Kelly & West News.

The parents of a teenager who died following a skateboarding accident have filed a lawsuit against Carteret General Hospital in Morehead City, North Carolina, alleging that staff negligence led to the death of their son.

Tideland News reports David and Kimberly Hughes of Emerald Isle filed the charges after their son, Andrew Davis (Drew) Hughes, died earlier this year. According to the suit, he died after being removed from life support, following a series of negligent actions by medical personnel that caused oxygen deprivation and massive brain damage.

The initial accident occurred on June 28, 2013, when Drew fell from the skateboard he was riding near his home and hit his head, according to the news report. The 13-year-old was transported by ambulance to Carteret, where doctors decided to transport him to Vidant Medical Center in Greenville, NC, due to a potential basilar skull fracture. He was intubated and placed on ground transport for the trip to Vidant.

Drew’s troubles began en route to the medical center, according to the lawsuit. The Hughes allege that Drew was not properly sedated or restrained for transport, which resulted in him waking up in the ambulance and pulling out his breathing tube. At this point, the ambulance pulled over and four crew members worked to re-intubate him.

The teen had been given sedatives and paralytics and could not breathe on his own. According to reports, the re-intubation was improperly placed into Drew’s esophagus, instead of his trachea, and he was not receiving any oxygen.

An emergency room doctor contacted regarding the patient’s distress told the ambulance crew that Drew’s symptoms pointed to respiratory arrest. But, the ambulance crew failed to verify the tube placement, according to the report.

The teen’s condition deteriorated, and the ambulance was diverted to Carolina East. Upon arrival, Drew had no pulse and cyanotic color, and the ET tube was not fogging — all characteristic of an improper esophageal intubation. The lawsuit alleges the crew failed to notify doctors at Vidant of the oxygen deprivation when he was moved there from Carolina East. Drew had no brain activity when he arrived and died when he was removed from life support.

According to Tideland News, Drew’s parents filed a wrongful death lawsuit for the death of their son.

When medical negligence leads to the wrongful death of a family member, you have the right to sue the responsible parties. If you believe that the death of your loved one was caused by negligence, you can turn to the experienced medical malpractice lawyers of Kelly & West for help.

$10 Million Lawsuit Filed in NC Infant’s Death

Written by kwmlaw on October 7, 2013. Posted in Kelly & West News.

The parents of a 4-month-old baby who died after suffocating at a day care in Fort Bragg have filed a lawsuit against the United States government for $10 million.

WRAL News reports that Jason and Rachel Degenhard, of Fort Bragg, are alleging wrongful death and negligent infliction of emotional distress in the case of their son, Santino “Sonny” Degenhard. The infant suffocated on March 9, 2012, during “tummy time” at Pope Child Development Center.

The Degenhards elected to file the lawsuit after the U.S. Attorney’s Office made the decision in April of this year not to file criminal charges against the day care worker who had been responsible for supervising Sonny and three other children on the day of the incident.

Surveillance cameras recorded the incident as it unfolded. According to WRAL, Fort Bragg investigators documented that child care worker Vera Grant positioned Sonny on his stomach on a vinyl mat at 7:13 a.m. Three minutes later, Grant placed a blanket under the infant, leaving him lying on his stomach. As she cleaned the classroom and went in and out of the closet and bathroom, Sonny began fussing and trying to lift his head.

At 7:24 a.m., Sonny kicked the blanket, which bunched up near his mouth. He stopped moving. Two staff members entered the room separately, at 7:26 a.m. and 7:30 a.m., and pointed out that Sonny didn’t look right, but no one checked on him. Grant didn’t pick up the infant until 7:32 a.m., at which point she realized he wasn’t breathing.

While Grant performed CPR, another staff member called 911. Sonny was taken to Womack Army Medical Center, and then transferred to Cape Fear Valley Medical Center. There, doctors determined that the infant had suffered a brain injury due to oxygen deprivation.

He was placed on life support, and the Degenhards made the difficult decision to take him off support when they learned Sonny had no brain activity. The child died on March 15, 2012, after life support was removed.

When no criminal charges were filed against Grant, the Degenhards were “heartbroken and disappointed,” reports WRAL. They are pursuing the lawsuit for the sake of justice for Sonny.

If you or a loved one are considering a personal injury or wrongful death lawsuit, our dedicated Raleigh attorneys may be able to help you. Contact Kelly & West today to discuss the details of your case.

Please note: Kelly & West are not representing any parties involved with this case

Appeals Court Reverses Dismissal of Lawsuit Against Duke University

Written by kwmlaw on October 1, 2013. Posted in Kelly & West News.

A former parking attendant at Duke is now allowed to pursue a lawsuit against the university, stemming from a 2008 incident that cost him his job.

The Duke Chronicle reports that Brian Wilkerson is permitted to move forward with the lawsuit against Duke, specifically the Duke University Police Department. The ruling came through the North Carolina Court of Appeals, which reversed the 2012 decision by Superior Court Judge Orlando Hudson to dismiss the original litigation.

Named in the suit is Christopher Day, a former officer with the University police department. In July of 2008, Wilkerson had been stationed outside a hospital parking lot at the university, with instructions to admit University police officers only in the event of an emergency. Day approached him for entrance, and Wilkerson refused to admit him.

It was the start of a physical altercation between the two men.

According to the Chronicle, Wilkerson said in a deposition, “He [Day] pointed at my face and asked me for my information, and then that’s when I asked him nicely not to point at my face. That’s when he pulled me and tried to grab me.”

The lawsuit cites a history of angry behavior, according to Day’s performance evaluations on the job. Wilkerson claims this proves that the University knew about Day’s aggressive tendencies.

Following the fight, Day issued Wilkerson a notice of trespassing that prohibited the parking attendant from being on the campus. Since Wilkerson couldn’t report to work, the notice led to dismissal from his job.

Charges in the lawsuit include assault, battery, false imprisonment, and negligent supervision and retention. Wilkerson abandoned further claims of negligence and public stigmatization when appealing Judge Hudson’s decision on the original lawsuit.

Day seeks an unspecified amount in punitive and compensatory damages.

If you or a loved one is wrongfully fired or experiencing workplace issues, our Raleigh attorneys may be able to help you receive the compensation you deserve. Contact Kelly & West to discuss the details of your case today.

Please Note: Kelly & West is not representing any parties involved in this case

Federal Judge Hears NC Lawsuit Alleging Severe Prison Beatings

Written by kwmlaw on October 1, 2013. Posted in Kelly & West News.

A federal judge has commenced hearings for a lawsuit filed on behalf of eight inmates of Central Prison in Raleigh, who say that prison guards have taken them to areas with security camera blind spots and administered sadistic beatings.

ABC News 11 reports that U.S. District Judge Terrence Boyle has already told state attorneys that the prison must install cameras to cover the blind spots in areas not recorded by current security. In addition, prison officials must save security videos for at least two months, as opposed to the current practice of erasing them after around one month.

Boyle also denied state attorneys’ request to dismiss the lawsuit.

One of the plaintiffs, Jerome Peters, testified before Boyle about an incident in December 2012 that left him confined to a wheelchair for months. According to ABC, Peters entered the courtroom shackled and using a walker for support. He then described a beating that occurred while he was in solitary confinement, which fractured bones in his face and hands, and broke his right hip.

“They were stomping me with their feet and hitting me with their hands,” Peters said to ABC. The 48-year-old is currently serving a 14-year sentence for first-degree burglary.

According to the lawsuit, Peters’ off-camera beating was retaliatory, in response to a complaint he filed against a prison guard who brought him food that didn’t meet his dietary restrictions. However, attorneys for the defendant contend that Peters is a problem prisoner—alleging that he has tossed urine on a guard and tried to spit on another. Peters denies the allegations.

A total of 19 correctional officers are accused of participating in beating shackled and handcuffed inmates, out of view of security cameras. The lawsuit states that guards use “malicious and sadistic force” to beat them. In addition, former prison administrators Kenneth Lassister and Gerald Branker are accused of failing to preserve evident or develop policies to investigate inmate complaints, reports ABC.

The Raleigh personal injury attorneys at Kelly & West are experienced with handling cases that involve various types of personal injury. If you or a loved one are considering a personal injury lawsuit, contact us to discuss the details of your case today.

North Carolina Police Shoot, Kill Unarmed Car Crash Victim Seeking Help

Written by kwmlaw on September 17, 2013. Posted in Kelly & West News.

Officers in Charlotte, North Carolina, shot to death an unarmed 24-year-old man who was running toward them in what they perceived as a threatening manner’a man who was seeking help after having crashed his car.

The Daily Caller reports that Jonathan Ferrell approached officers arriving in response to a breaking and entering call from a home in Charlotte. Ferrell ran toward the officers when they arrived, and one of them fired a stun gun, which was unsuccessful.

Officer Randall Kerrick then shot and killed Ferrell, according to the Daily Caller.

Ferrell, driving a black Toyota Camry, crashed his car into an embankment at around 2 a.m., reports the Charlotte Observer. Investigators were not able to determine whether he was injured, but he apparently climbed through the back window of the mangled car and walked to the nearest house. There was no indication of alcohol use.

The woman who called 911 thought Ferrell was a robber, and asked police to come to her home.

After a stun gun was unsuccessfully fired, Kerrick fired several wounds from his weapon and struck Ferrell multiple times. Ferrell died at the scene. In a statement, the Charlotte police department said, “The investigation showed that the subsequent shooting of Mr. Ferrell was excessive.”

Kerrick has been charged with voluntary manslaughter, reports the Daily Caller. In addition, all three officers have been placed on paid leave, pending an investigation.

A former student and football player at Florida A&M University, Ferrell was engaged to be married. He was the sixth person to be shot by a Charlotte police officer since 2012 in North Carolina, where officers are permitted to use deadly force should they fear for their lives, or someone else’s life.

The Raleigh personal injury attorneys at Kelly & West are experienced with handling cases that involve personal injury and wrongful death. If you or a loved one are considering a wrongful death lawsuit, contact us to discuss the details of your case today.

NC Contracting Company Sued in Crane Collapse

Written by kwmlaw on August 20, 2013. Posted in Kelly & West News.

A Tennessee man has filed a lawsuit against a construction contracting company based in North Carolina, following a crane collapse earlier this year that left him severely injured.

The Wilson Post reports that Carroll Lee Williams, of Wilson County, Tennessee, is suing Mountain States Contractors, LLC, over an incident that occurred on May 21 at a new bridge construction site. A crane being used from a barge for the bridge work collapsed, falling onto Williams’ vehicle. The lawsuit claims that Mountain States Contractors, a North Carolina company, demonstrated “negligence and recklessness” with regard to the incident.

Williams was injured in the crane crash, and his vehicle was also damaged.

According to the Post, this is not the first time Mountain States Contractors has been involved in a serious violation of safety regulations and requirements. Since 2005, four people have been killed in accidents relating to working being done by the company or its affiliates: Britton Bridge, LLC; Jones Bros., Inc., and HMA Contractors Inc.

In December of 2005, Mountain States Contractors and its affiliates were cited by the Tennessee Occupational Safety and Health Administration (TOSHA) in a Nashville accident that resulted in a death. An employee of Mountain States was killed on a Memphis jobsite in November of 2010, and in 2011, a bridge construction project in Knoxville led to the death of two workers.

Following the 2011 fatalities, the Tennessee Department of Transportation suspended Mountain States and Britton Bridge from all state bids. However, the companies submitted safety compliance agreements and were reinstated to bidding privileges.

In the current lawsuit, Williams seeks punitive damages for sustained personal and property damages, including medical bills, in an amount to be determined by the jury.

The Raleigh personal injury attorneys at Kelly & West have extensive experience handling cases that involve negligence leading to injuries. If you or a loved one are considering a personal injury lawsuit, contact us to discuss the details of your case today.

Please note: Kelly & West is not representing the defendants in this case.

Tasered NC Man Files Lawsuit

Written by kwmlaw on August 12, 2013. Posted in Kelly & West News.

A man who was shocked with a Taser at a Gastonia department store is suing the officer involved in what he claims was a racially motivated incident.

According to The Gaston Gazette, 22-year-old Christopher Martin filed the lawsuit against Officer Arthur B. Johns and two loss prevention officers, Amanda Crosby and Jamie Carpenter, employed at the Belk department store where the incident took place. Also named in the lawsuit are the Matthews Belk Co. and the city of Gastonia.

Last summer, Martin had been shopping at the department store with a cousin and two of their friends when mall security accused the cousin of shoplifting. Martin tried to leave the store. However, he was shot with a Taser near the store entrance and fell on his face, causing a cut to his head that required stitches.

Martin was arrested, and charges filed against him at the time of the incident included resisting a public officer and damage to personal property. The damage, reports The Gaston Gazette, was reportedly getting blood on Officer Johns’ boots.

The charges against Martin were dropped. Johns, who had been suspended twice prior to the incident, was fired.

Martin, who is black, claims that the three white defendants in the lawsuit were motivated by race. The suit alleges multiple offenses against the officers, the store, and the city of Gastonia, including defamation and slander, false imprisonment, assault and battery, conspiracy, abuse of process, malicious prosecution, and negligent hiring and training.

Belk is denying responsibility, and the attorney for the city told The Gaston Gazette that they have not yet had time to formulate an official response.

The Raleigh personal injury attorneys at Kelly & West are experienced with handling cases that involve various types of personal injury and negligence. If you or a loved one are considering a personal injury lawsuit, contact us to discuss the details of your case today.

Please NOTE: Kelly & West Attorneys, P.A. is not representing any parties involved in this case.

Injured Amusement Park Performer Fights for Workers’ Compensation Claim

Written by kwmlaw on August 5, 2013. Posted in Kelly & West News.

A stage gunfighter for Ghost Town in the Sky, wounded during a performance, may receive payment under North Carolina’s workers’ compensation laws after initially being informed the insurance company wouldn’t pay.

Robert Bradley was employed to stage mock shootouts with other actors in the fictitious Wild West Town attraction at Ghost Town to entertain guests, reports the Smoky Mountain News. Earlier this summer, during a scene he had taken part in hundreds of times before, an unknown projectile from one of the guns lodged in his right thigh.

There was no foul play, and the incident was officially deemed an accident. However, Bradley incurred serious injury and was taken to the emergency room for profuse bleeding.

At the ER, Bradley refused to take a drug test, which the insurance company who carries the workers’ compensation policy for Ghost Town requires before awarding claims. Bradley stated that he believes insurance companies use drug tests to get out of paying workers’ comp claims.

While drug test stipulations are not uncommon as a prerequisite for workplace injury policies, there is no “hard and fast rule” about them, according to an attorney who spoke to the Smoky Mountain News. Nevertheless, the insurance company denied the claim.

Bradley was recently contacted by a representative for the state workers’ compensation insurance department, who directed him to send his medical bills to them. If he doesn’t receive compensation, Bradley will be eligible to file a complaint with the N.C. Industrial Commission.

Meanwhile, Bradley is no longer employed by Ghost Town. He claims that he was fired, though management at the amusement park reports that he quit. The second gunfighter involved in the incident has been fired, and two others quit in protest over the incident.

Ghost Town is currently under investigation by the N.C. Department of Labor, having received a complaint that there were no on-site medical personnel to attend Bradley after the injury.

If you or a loved one is injured at work and experiencing problems with a workers’ compensation claim, our dedicated Raleigh attorneys may be able to help. Contact Kelly & West today to discuss the details of your case.

NC Lawsuit Charges PWC with Racial Discrimination

Written by kwmlaw on July 19, 2013. Posted in Kelly & West News.

An 11-year employee who was fired from the Public Works Commission (PWC) in Fayetteville last October has filed a lawsuit against the utility, accusing them of racial discrimination.

The Fayetteville Observer reports that 31-year-old Adrian Blackwell filed the suit in U.S. District Court, which accuses the Fayetteville PWC of favoring white employees. Blackwell states that he was discharged because he is black, and that the PWC unfairly treats black employees.

Blackwell was a loss control specialist for PWC at the time he was fired, a job which involved investigating meter fraud. Prior to filing the lawsuit, he and his lawyer attempted to settle with the utility, sending a letter to the company’s general manager, Steve Blanchard, that read in part, “I believe it would be best for all parties to discuss a resolution of this case before it becomes one of public record,” according to the Observer, which obtained a copy of the letter.

A settlement was not reached, and the lawsuit requests a jury trial to seek not only compensation, punitive damage, and other fees, but also a statement from PWC declaring that the company intentionally discriminated against Blackwell due to his race.

The decision to fire Blackwell came from Blanchard, who wrote in a letter defending his decision that Blackwell had made several late payments to PWC for his water and sewer bill and claiming he had tampered with the water meter at his home, which amounts to theft.

The lawsuit denies accusations of theft against Blackwell. It also states that four white employees of PWC were caught falsifying their time sheets, which is theft, but were only given five-day suspensions. Blanchard and the majority of managers and senior-level executives at PWC are white.

If you or a loved one is wrongfully fired or denied worker’s compensation, our Raleigh personal injury attorneys may be able to help you. We are able to represent workers who face discrimination and harassment in the workplace. Contact Kelly & West to discuss the details of your case today.

North Carolina Deck Collapse Injures 21

Written by kwmlaw on July 12, 2013. Posted in Kelly & West News.

Earlier this week, a second-story deck collapsed at a condominium unit on Ocean Isle Beach in North Carolina, sending 21 people to area hospitals with various injuries.

NBC News reports that the deck off the second story of the condo collapsed onto a ground-level concrete patio. At the time of the collapse, there were 25 people on the deck. According to officials speaking with Star News Online regarding the incident, the group was taking a family photo when the deck gave way.

While none of the injuries were considered life-threatening, some of the victims suffered serious injuries, including broken bones. The 21 people were transported to three different hospitals, including Grand Strand Regional Medical Center in Myrtle Beach and Brunswick Novant Medical Center in Supply. One patient was airlifted to New Hanover Regional Medical Center in Wilmington, DE, a Level 2 trauma center, reports NBC News.

The beach home was being rented to the family, and the owner of the oceanfront condominium has been notified of the incident by the authorities.

Speaking with USA Today, Ocean Isle Mayor Debbie Smith stated that she would prefer to have tougher standards in place for homes and structures with oceanfront decks. However, Smith added that local governments aren’t permitted to enact or enforce standards that are higher than those required by the state of North Carolina.

Officials are investigating the cause of the collapse. President of the N.C. Building Inspector’s Association Glenn Batten said that the deck should not have fallen if they were just taking a picture, even if it had sustained wind damage.

The knowledgeable Raleigh personal injury attorneys at Kelly & West are experienced with handling cases that involve negligence leading to injuries. If you or someone you love has suffered injuries in a preventable accident, you may qualify for compensation. To learn more, contact Kelly & West.

Lawsuit Alleges Negligence by NC Medical Center, Leading to Wrongful Death

Written by kwmlaw on July 2, 2013. Posted in Kelly & West News.

Siblings Christopher Utt and Tracy Leonard filed a medical malpractice lawsuit in Davidson County Superior Court alleging that their father was given the wrong medication, which caused him to die.

Davidson County’s The-Dispatch.com reports that the suit was filed on behalf of Terry Wayne Utt, 60, who died on July 5, 2011 at Winston-Salem’s Wake Forest Baptist Medical Center. The lawsuit names the medical center, the North Carolina Baptist Hospital and an anesthesiologist who works at the center as defendants.

Terry Utt was reportedly brought into the emergency room at Wake Forest on June 25, 2011 with a number of medical problems, including renal (kidney) issues. He was treated for hypotension, bacterial pneumonia and possible septic shock. A doctor’s report indicated that he had suffered a gastric perforation.

The perforation required surgery to repair, and by June 27, Terry’s condition had improved and he was cleared for the procedure. There were no surgical complications and the surgeon stated that Terry had tolerated the procedure well.

However, the anesthesiologist, Dr. Ruth Barron Hyde, mistakenly administered two milliliters of Sufentanil in place of the milder Fentanyl, according to attorneys for the Utt siblings.

Sufentanil is a potent post-surgery medication with clear guidelines set forth by the U.S. Food and Drug Administration (FDA). The FDA states that administration of the drug should be individualized according to various factors of the patient, including physical status and underlying conditions, with a warning to use caution for patients with liver or kidney dysfunction.

Terry Utt was admitted and treated for kidney problems.

The attorneys say that Dr. Hyde admitted to the error, but later amended and truncated her surgical notes to leave out the admission. Following the administration of Sufentanil, Dr. Hyde stated that Terry became hypotensive and non-responsive.

The effects of Sufentanil can be reversed with another medication, Narcan. However, The-Dispatch.com reports, Dr. Hyde did not notice the erroneous administration for around 55 minutes, at which point Terry was already non-responsive.

If you or a loved one has been affected by medical malpractice or wrongful death, the Raleigh injury lawyers at Kelly & West may be able to help. Contact us to discuss the details of your case today.

Please note: Kelly & West are not representing the people in this case.

Unsafe NC Railroad Crossing Causes Second Accident in a Week

Written by kwmlaw on June 28, 2013. Posted in Kelly & West News.

On Tuesday, June 25, a freight train crashed into a car at an insufficiently marked railroad crossing and dragged the vehicle, with the driver inside, 200 yards, reports WSOC-TV. The impact occurred in Conover, North Carolina, but the car was dragged into the city limits of neighboring Newton.

The driver of the car, 34-year-old Efren Chavez, was critically injured in the collision. Chavez had been leaving his shift at the Southern Furniture Company plant when a Norfolk Southern train, carrying more than 8,000 pounds of scrubber limestone, struck his vehicle as he pulled unaware into its path.

There are no lights or railroad crossing arms to warn drivers and pedestrians of oncoming trains at this crossing, which run in front of the entrance to the furniture plant.

The collision marks the second accident at the same railroad crossing in less than a week. On Thursday, June 20, a pedestrian was struck by a train while trying to cross the tracks in front of Southern Furniture Company. The man sustained injuries and was taken to Catawba Valley Medical Center following the crash.

Chavez, however, was airlifted to Carolinas Medical Center in Charlotte, NC, after EMS technicians cut open the roof of his vehicle to extract him from the wreckage. He underwent surgery and was placed in the neurological intensive care unit, with his condition listed as critical.

Conover Police Chief Steve Brewer says that people leaving the plant often don’t hear oncoming trains at the crossing, particularly if they’re driving with the windows up and the air conditioning and radio on. Railroad crossing arms with lights and sounds are effective warnings, and are used at most populated railroad crossings.

If you or a loved one is injured in an accident, you may be able to file a personal injury lawsuit and receive recompense for medical bills, as well as pain and suffering. Our Raleigh personal injury lawyers are here to help you. Contact Kelly & West today to discuss the details of your personal injury claim.

NC Workers’ Comp Bill Could Delay Treatments for Injured Workers

Written by kwmlaw on June 19, 2013. Posted in Kelly & West News.

A new bill that is currently being considered by the House of Representatives seeks to change the procedures and treatment for workers injured on the job. If passed, it could cause serious delays in workers’ compensation claims processing and prevent injured employees from receiving prompt treatment.

Called Senate Bill 174, Disapprove Industrial Commission Rules, the bill is backed by at least ten North Carolina organizations, including the Chamber of Commerce. Business owners support the proposed laws because they claim that it will allow them to keep workers’ comp costs in check.

However, opponents of the bill point out that its passage would further delay an already drawn-out process. Senate Bill 174 would eliminate the option to file special medical motions for workers’ comp claims. Instead, claims would require a full hearing in front of the Industrial Commission, with witnesses — a process that could take months.

Several Raleigh attorneys and North Carolina lawyers who represent workers’ compensation claims oppose the bill, citing unfairness to injured workers who typically must remain out of work until their claims are settled. Meanwhile, they suffer with untreated injuries that may worsen without proper medical attention.

As Raleigh workers’ compensation lawyers, the attorneys of Kelly & West are experienced with handling and representing workers’ compensation cases. We understand the considerable stress caused by on-the-job injuries, from costly medical bills to the loss of salary resulting from being unable to work.

If you or someone you love is injured at work and struggling with a workers’ compensation claim, our dedicated Raleigh attorneys can help. Contact Kelly & West today to discuss the possibility of filing a workers’ comp claim with us.

Norovirus Outbreak Linked to Nantucket Grill, 41 Sickened

Written by kwmlaw on June 14, 2013. Posted in Kelly & West News.

The Nantucket Grill in Chapel Hill, North Carolina, has been identified as the source of an outbreak of the norovirus, according to the Legal Examiner. Forty-one people have reported getting sick after they ate at the restaurant or at an event it catered, the article states.

Symptoms of the virus include:

Chills
Diarrhea
Headaches
Lethargy
Low fever
Muscle aches
Nausea
Stomach cramps
Vomiting

The virus can be more serious in young children and older adults. There are no limits to the number of times someone can be infected by the virus. A primary concern for patients who contract the virus is dehydration caused by diarrhea and vomiting.

The virus, which is extremely contagious, can be spread by people who are infected and by contaminated food, water or surfaces. There is no treatment for the illness because viruses are usually untreatable.

The illness causes acute gastroenteritis, or inflammation of the stomach and intestines. It is the most common cause of acute gastroenteritis in the country, leading to nearly 70,000 hospitalizations and affecting about 21 million persons a year.

The virus is the second most common cause of gastroenteritis that kills people, taking the lives of 800 people annually. It is the most common source of food-borne outbreaks of disease in the country.

There are two other Nantucket Grill restaurants, one in Durham and another in Raleigh. No cases have been reported coming from either of these, however.

An investigation into the cause of the outbreak is continuing.

Norovirus is not related to the flu, which is caused by the influenza virus. The best way to prevent the virus from spreading is to practice proper hand washing and general cleanliness.

If you or someone you love was severely sickened by food poisoning, you may have grounds to file a lawsuit to seek compensation for your damages. To speak with a Raleigh personal injury lawyer about a possible case, please contact Kelly & West today.

Apology Laws to Help Ease Medical Mistakes?

Written by kwmlaw on June 10, 2013. Posted in Kelly & West News.

For years doctors have been denying any responsibility for mistakes they’ve made, but a new approach is believed to disarm patients and help reopen the door for patient and doctor communication.

This new approach involves disclosing medical errors promptly after they occur and offering genuine apologies to injured patients and their families, rather than going with the deny and defend approach. Some believe that this approach will allow medical professionals to learn from their mistakes and to move on from the guilt and shame caused by these mistakes. Plus, it might help restore integrity in patient dealings.

Dr. Danielle Ofri discusses her experience in a recent Op Ed column to The New York Times.

“It was probably our eighth or ninth admission that day, but my intern and I had given up counting,” Ofri begins. She goes on to describe how, harried by the burden of other pressing patient cases, she failed to check a new patient’s CT scan, missing an intracranial bleed (bleeding around the brain).

“My body turned to stone,” she writes after being told that the scan she failed to review showed the bleeding. “The patient was now with the neurosurgeons, getting the blood drained from inside the skull.”

The experience, Dr. Ofri says, left her “mortified” by her negligence. “I stumbled through the day, an acrid mix of shame and guilt churning inside me.”

Dr. Ofri’s mistake, luckily, was caught by an attending doctor on the ward who consulted with a radiologist at the hospital who discovered the bleed. A “near miss” had been avoided. “Near miss” is medical slang for a disastrous incident that might have happened but was somehow prevented.

A 2006 report, Dr. Ofri wrote, said that medication errors alone injure about a million and a half patients a year. The doctor laments the few number of doctors who come forward to admit errors or near misses that are held back by shame and guilt.

In a June 5 follow up to her op-ed piece, Dr. Ofri writes that to deal with the shame, and possibly prevent similar mistakes by other physicians, “apology laws” should be enacted, that allow health care providers to talk to patients and families after an unforeseen outcome, without fearing litigation based solely on that conversation.

Since the University of Michigan adopted an apology program, she writes, the resulting improvement in doctor-patient communication has cut litigation costs in half. Thirty-six states have enacted apology laws.

Enhanced communication between doctors and patients has led to lower costs because of malpractice cases, such as at the University of Michigan. Malpractice cases there dropped from 262 in August 2001 to 83 in August 2007. But, injured patients and families still have the right to file medical malpractice claims to seek compensation for medical expenses as well as other financial and emotional damages.

As medical malpractice lawyers, Kelly & West represents patients and families affected by medical mistakes in Raleigh and across the state of North Carolina. To speak with a Raleigh medical malpractice attorney about your circumstances, please contact our office today.

U.S. Investigates Sexual Harassment Charges at UNC

Written by kwmlaw on May 23, 2013. Posted in Kelly & West News.

Students at the University of North Carolina at Chapel Hill play a prominent role in judging sexual misconduct when it is reported. They serve a kind of quasi-judicial function which, in other circumstances, would be handled by workers in the criminal judicial system — police, prosecutors, judges and defense lawyers.

Their handling of sexual harassment complaints have come in for criticism that has led to a federal investigation. The university and students working in its judicial system are blamed for routinely mishandling sexual assault and harassment cases. They also are accused of systemic hostility towards victims of sexual misconduct.

The judicial system at UNC includes two students serving as attorneys general. Each of them is supported by a group of student investigators and prosecutors. Cases usually are heard by a team of student judges running honor courts. Those found guilty can appeal their decisions to student- and faculty-managed courts. Further appeals may then be made to administrators.

A number of current and former students and a former administrator in January filed a 34-page detailed complaint with the U.S. Education Department’s Office of Civil Rights. According to The New York Times, they said they interviewed hundreds of victims. In addition to describing cases of sexual assault and harassment, the group of students and the administrator claim to have proof of:

Hostility towards victims who file complaints
Poor counseling and education for students
Scant training for those who handle and judge the cases

Chancellor of the university Holden Thorp told The New York Times he received a letter March 6 saying the U.S. civil rights office was looking into the complaints.

Former Assistant Dean of Students Melinda Manning, who resigned her job last December, was one of those filing the complaint. She said her bosses had pressed her to report fewer cases of misconduct on campus than there actually were.

Because of complaints about the student-managed system, the university established panels operated by students and administrators. An administrator was appointed to handle the new system. Another administrator was named to look into claims of harassment and assault. Gina Smith, a former prosecutor who has counseled other colleges with these same problems, was hired to advise UNC.

Just recently, another case has focused criticism on the university. A female student who accused her boyfriend of sexual assault in 2012 now faces charges of harassment. The boyfriend was suspended. But eventually he was found guilty simply of verbal harassment and allowed to return to the school.

The personal injury lawyers at Kelly & West represent individuals throughout North Carolina who have been harmed by the wrongdoing of others. If you feel that your case is not being handled properly, you can turn to our attorneys for help.

NC Town Council Member Faces Felony Charges for DWI Hit and Run

Written by kwmlaw on May 15, 2013. Posted in Kelly & West News.

Plymouth Town Council Member Aneka Gibson faces felony charges for hitting a teenage girl and fleeing the scene, reports WBTW 13. Gibson was allegedly under the influence of alcohol at the time of the hit and run.

The accident occurred May 9 at approximately 7:15 p.m., according to troopers. Gibson allegedly fled the scene after hitting a teenage girl who was walking down Main St. Witnesses reported the driver of the hit and run as driving a red dodge truck with chrome wheels. After tracking down the vehicle and realizing the driver was a town council member, the State Highway Patrol was contacted.

According to troopers, Gibson blew an alcohol level of .27, which is three times the legal limit. She has been charged with driving while impaired, felony hit and run and felony injury while being impaired, according to reports.

The teenager is being treated at a nearby hospital for undisclosed injuries. Her condition is unknown.

This tragic story is a good example of why people should not drive while under the influence. As North Carolina personal injury lawyers, Kelly & West represent individuals and families who are injured by negligence such as driving while impaired and hit and runs.

If you or someone you love is injured in a hit and run accident in the Raleigh area, you should contact Kelly & West for help. Our attorneys serve as advocates for injured persons and do whatever they can to make sure the responsible parties are held accountable.

NC Court of Appeals Rules that Worker is Entitled to Workers’ Comp Benefits

Written by kwmlaw on May 8, 2013. Posted in Kelly & West News.

The North Carolina Court of Appeals held that a worker who was allegedly injured on the job was entitled to benefits even though her employer denied her claim.

A women who worked in a the meat department of a grocery store fell while carrying trays of chicken out of a walk-in cooler and injured her right leg. She suffered a severe post-traumatic bone bruise and a tear in her meniscus. The store denied her claim when she filed for workers’ compensation benefits, claiming her injuries were due to an accident that occurred in her home the week before the store accident.

The grocery store worker had injured her left ankle after stepping in a hole in her backyard a week before the accident at her work. After her claim was denied, the North Carolina Court of Appeals held that she was in fact entitled to benefits. The court noted that even if she suffered the injury in a prior accident, her workplace accident would have aggravated the injury, causing even more harm. The court also pointed out that she denied injury to her right leg during her home accident.

The court ruled that her injury was related to the accident at work and said she was entitled to compensation to cover her medical bills, average weekly wages and temporary partial disability for her injuries.

As Raleigh workers’ compensation lawyers, the attorneys of Kelly & West have experience handling similar workers’ compensation claims. Our attorneys understand the stress caused by injuries that keep workers from being able to work and that result in costly medical bills.

If you or someone you love is injured while on the job and is having trouble with your workers’ compensation claim, we may be able to help you. It is also important to note that sometimes others are responsible for workplace injuries, including product manufacturers. To discuss a possible workers’ compensation claim with a Raleigh lawyer, contact Kelly & West today.

Durham Women Struck by Hit-and-Run Driver

Written by kwmlaw on April 16, 2013. Posted in Kelly & West News.

A Durham woman standing on the shoulder of the Durham Freeway near Briggs Avenue was struck by a car that swerved onto the shoulder then drove off on April 12, reports the News Observer.

Zaida Juarez, 26, of Durham, was a passenger in a two-car crash that occurred about 7:30 a.m. in the southbound lanes of the freeway. She stepped out of the car after the crash and was hit while standing on the shoulder. She was taken to the hospital to have her injuries treated. Police spokeswoman Kammie Michael said the injuries did not appear to be life-threatening.

Juarez was hit by a white Camry, which swerved onto the shoulder to avoid hitting cars that had slowed in front of her.

The driver of the Camry, Aurelia Rochelle Mangum, 31, of Durham turned herself in to police in the afternoon. She was charged with felony-hit-and-run, careless and reckless driving and failure to move over for emergency equipment.

As Raleigh personal injury lawyers Kelly & West represents individuals who are seriously injured by negligence such as hit and runs. If you or someone you love is injured in a hit and run accident, or any type of car accident that was caused by another’s negligence, you can seek legal help from the attorneys at Kelly & West by calling 910-893-8183.

Officials Investigate NC Construction Accident that Killed Two Children

Written by kwmlaw on April 8, 2013. Posted in Kelly & West News.

A six and seven-year-old died in Stanley, North Carolina Aug. 7 after being buried by thousands of pounds of dirt at a residential construction site. The children were playing in a 24-foot deep pit when the sides collapsed on them.

The children who died were 6-year-old Chloe Jade Arwood of Gastonia and 7-year-old James Levi Caldwell of Stanley. Neighbors told WBTV that the children were cousins.

The Lincoln County Sheriff’s Office told WBTV News that no building permit had been issued for the construction in the 5800 block of Cedarbrook Court. The pit was 24 feet deep, 24 feet long and 20 feet wide. Rescuers worked throughout the night to try to save the children.

Seventy-five rescuers from four counties rushed to the scene. They used shovels and climbing gear to try to dig out the children. The agitated father of one of the children, who was a construction worker at the site, called 911 when he saw the cave-in.

Investigators who held a press conference at the scene said someone had sent the children down into the hole to recover a pick-axe right before the dirt collapsed. However, the Lincoln County Sheriff’s Office issued a news release saying the children were playing in the pit when the walls caved in.

A prayer vigil was planned for the evening of April 8 at the Adventure in Faith Church at 415 Charlotte Street in Alexis, North Carolina. Officials continue to investigate the accident.

This tragic accident is a reminder that construction sites are dangerous and are not playgrounds. Officials will investigate to determine who is at fault for the accident. As North Carolina personal injury lawyers, the attorneys of Kelly & West represent individuals and families affected by fatal accidents such as this one.

NOTE: This is a news story reported by WBTV. The families are not clients of Kelly & West.

Medicare and Medicaid Fraud Unfolds in North Carolina

Written by kwmlaw on April 1, 2013. Posted in Kelly & West News.

An investigation of Medicare and Medicaid fraud continues to net cheats draining resources from the two government programs. One of the sweeps for fraudsters, which started in December 2011 and is ongoing today, has rounded up dozens of criminals.

Among the more outrageous arrests is that of a Wake County licensed therapist who is said to have charged for 23,000 hours for a year’s worth of therapy with her clients. There are 8,660 hours in a year. The billing records of psychologist Eunice Ngumba-Gatabaki indicated her average work day was 60 hours. The cost to the state of North Carolina was $7.9 million.

Last year the therapist billed for 100 hours per day over a 17-day period. She told WRAL News that some of her bills may have been “billed under my provider number that may be attributable to other licensed providers.”

“Those are dollars that aren’t there to treat older sick people or children,” said Governor Bev Perdue.

The therapist’s name also was tied to more than $676,000 in Medicaid billing by North Carolina Behavioral Health and Counseling. She denied being connected to the agency. North Carolina paid out approximately $10 billion on Medicare claims. North Carolina became the only state in the nation to institute a new IBM investigative mathematics and statistical program to help catch illegal billers.

In its first several months a new crackdown in January 2012 on Medicaid fraud resulted in 20 arrests and 17 convictions. Dozens have been convicted since then and the investigations continue to turn up more cheats.

Those arrested include:

dentists
Physicians
home health care workers
Psychologists
An HIV case manager
Hospice care workers
Rehabilitation employees
People getting kickbacks for medical equipment such as wheelchairs and beds
Nursing home workers
Assisted living caregivers
Ambulance service personnel
Medical coders who under doctors’ or nurses’ orders illegally change billing codes
Long-term care facility workers

The Medical Investigation Division in the State Attorney General’s office nearly doubled in size within the last couple of years, leading to more arrests, convictions, restitution to the state in fines and prison time.

N.C. Trucking Firm to Pay $243,000 for Racial Slurs and Harassment

Written by kwmlaw on April 1, 2013. Posted in Kelly & West News.

Contonius Gill and Robert Floyd, Jr., were awarded more than $243,000 and injunctive relief against A.C. Widenhouse, Inc., a Concord-based North Carolina trucking company for race harassment and retaliation, according to the U.S. Equal Employment Opportunity Commission.

The U.S. Equal Employment Opportunity Commission (EEOC) announced the judgment March 8. The EEOC filed the lawsuit on the men’s behalf.

Among the company’s transgressions were derogatory racial comments and slurs by the general manager, the firm’s dispatcher, a number of mechanics and other truck drivers. All of them are white. The harassment began in May 2007 and continued through at least June 2008, according to the complaint.

The “N” word, “monkey” and “boy” were among the slurs against Gill. He testified that at one point a co-worker came towards him with a noose and said, “This is for you. Do you want to hang from the family tree?”

White employees, Gill testified, asked him if he wanted to be their “coon” in a “coon hunt.” Gill also testified that he was fired because he complained about racial harassment and because he is African-American.

The other plaintiff, Floyd, Jr., was hired in 2005 and became the company’s first African-American worker. He said that the firm’s general manager told him he was the company’s “token black.” He endured racial slurs by the company manager and white employees.

“Don’t find a noose with your name on it,” he testified that the general manager warned him. The manager would talk about his “friends” visiting Floyd in the middle of the night.

Even after complaining to the company’s dispatcher and the general manager, the harassment persisted, according to the suit.

A Winston-Salem jury of eight unanimously voted to find that Gill and Floyd Jr., had been harassed because of their race. They ruled that the EEOC should receive $50,000 on behalf of Floyd. They ruled that Gill should recover $193,509 in compensatory and punitive damages, back pay and pre-judgment interest.

The court ruled that A.C. Widenhouse could not discriminate against anyone on the basis of race or retaliate against an employee for practices deemed against the law under Title VII of the Civil Rights Act of 1964. The law makes it illegal to discriminate on the basis of race, to conduct racial harassment, or to retaliate against an employee who complains about racial harassment.

The EEOC first tried to reach a voluntary settlement with the company. When that failed, the agency filed suit — Equal Employment Opportunity Commission v. A.C, Widenhouse, Inc. 1:11-cv-00498 — in U.S. District Court for the Middle District of North Carolina.

It is illegal for anyone to be harassed in the workplace or discriminated against based on race, sex and/or religious beliefs. If you’ve suffered because of wrongful harassment in the workplace, you may be eligible to file a lawsuit against your employer and those committing the harassment. To learn more, contact a North Carolina personal injury lawyer at Kelly & West today. We represent individuals in Raleigh and throughout the state.

Source: http://www.eeoc.gov/eeoc/newsroom/release/3-8-13.cfm

Investigators Search for Cause of Blast Killing Seven Camp LeJeune Marines

Written by kwmlaw on March 28, 2013. Posted in Kelly & West News.

Investigators are trying to determine who or what was responsible for the Nevada blast that killed seven Camp LeJeune marines and injured eight others on March 18.

The blast occurred when a mortar shell exploded while still in its tube, sending shrapnel into the young men. Hurt or killed in the explosion were men from the Second Marine Expeditionary Force from Camp LeJeune. Among the injured was a Navy corpsman from North Carolina.

The blast occurred at Hawthorne Army Depot in Hawthorne, Nevada.

One of those injured is a Fremont man, a Navy Corpsman, HM3 Ian S. McClanahan. He remains in very serious condition. He graduated from Charles B. Aycock High School in Pikeville in 2009. He also was a volunteer with the Fremont Volunteer Fire Department.

Another North Carolina young man, Lance Cpl. Mason J. Vanderwork, 21, of Hickory, was killed. Most of those injured or killed were in their early twenties. A total of eight men were injured and seven were killed.

U.S. and Marine officials said use of 60 mm mortars has been suspended until the cause of the accident is determined. After the investigation ends, the suspension will most likely be lifted. The suspension will not apply to the war efforts in Afghanistan.

Three to four marines are usually needed to operate the 60 mm mortar. During training exercises it is common for others to observe from nearby.

When the cause of the accident is determined, the relatives of those killed and the injured themselves may decide to sue the responsible party.

The lawyers at Kelly-West are especially well qualified to handle personal injury cases in North Carolina. Since 1982, when the office opened, the personal injury attorneys have assisted in more than 20,000 cases.

For a free telephone conversation about your personal injury situation, call 910-893-8183 to speak with a lawyer. He or she will be able to tell you if you have grounds to file a personal injury or wrongful death lawsuit.

Sources:

NC Trucking Accident Case Highlights Issue of Driver Fatigue

Written by kwmlaw on March 11, 2013. Posted in Kelly & West News.

A recent case involving a fatal trucking accident in North Carolina brings up the issue of truck driver’s and fatigue. The case involves a Wisconsin truck driver who pleaded guilty to crashing his tractor-trailer into a line of stopped traffic on a North Carolina interstate. Five people were killed in the crash.

On Friday, truck driver Roumen Todorov Velkov, 50, reportedly pleaded guilty to five counts of involuntary manslaughter in an accident that occurred in October 2010. The driver was sentenced to anywhere between 48 and 60 months in prison.

According to authorities, Velkov was driving east on I-26 in Henderson County when he crashed his tractor-trailer into a row of cars that were already stopped due to another traffic accident. According to reports, his speedometer showed that he was traveling 70 miles per hour at the time of the accident. A state trooper said the accident was caused by driver fatigue.

Driver fatigue is a big problem among truck drivers. Many times, they are expected to meet unreasonable deadlines, forcing them to drive for extended periods of time without enough rest.

The problem is no secret; driver fatigue is one of the top reasons for trucking accidents in the U.S. In fact, in response to the high volume of trucking accidents, the Obama administration recently approved legislation to further regulate the amount of rest truck drivers are required to get while working.

Truck drivers are required to keep track of their hours and rest breaks in a log, however another recent case revealed that some truck drivers forge their logs to meet their deadlines. Currently truck drivers aren’t allowed to drive more than 82 hours per week, but who’s to say they actually follow this rule. Under the new legislation, the number hours truck driver are allowed to drive will drop to 70 per week.

The legislation also requires truck drivers to take a 30 hour rest every eight hours of driving. While the new legislation is meant to make the roads safer, it has seen some opposition. For example, the American Trucking Association is filing a petition asking the courts to reevaluate the legislation, arguing that there are better ways to eliminate the risk for driver fatigue.

As personal injury lawyers in North Carolina, Kelly & West represents clients who are injured in and families of those killed in collisions with tractor-trailers. The attorneys are highly familiar with the laws governing truck accidents, including those involving driver fatigue. If you or someone you love is injured in a truck accident, contact us for help.

Sources:

Homeowner’s Insurance to Increase by an Average of 7 Percent in NC

Written by kwmlaw on March 6, 2013. Posted in Kelly & West News.

Homeowner’s Insurance to Increase by an Average of 7 Percent in NC

The top state insurance regulator in North Carolina signed an agreement March 5 which will allow companies to raise homeowner’s insurance policies by an average of 7 percent statewide a year beginning in July.

According to reports, Wayne Goodwin agreed to the increase, which is less than the 17.7 percent increase the North Carolina Rate Bureau requested in October.

“Homeowners insurance is a very complex issue. We face a great challenge in making sure that it is not only affordable, but available, to consumers across the state,” Goodwin said in a statement. “I feel this settlement helps strike that balance, and I am pleased that the increase will be significantly smaller than what insurers originally requested.”

The last homeowner’s insurance rate increase that the state saw occurred in 2009. The increase was 4 percent, even though the insurance companies sought a 19.5 statewide average increase.

Homeowner’s along the beach in Brunswick, Carteret, New Hanover, Onslow and Pender counties will be hit the hardest, with premiums possibly reaching as much as 19.8 percent. Beach homes in Currituck, Dare and Hyde counties could experience a 17 percent rate increase. According to Goodwin, the beach areas will be hit with a higher increase because of the risk for hurricane damage.

Other areas throughout the state don’t have it as bad. Insurance rates in Winston-Salem and Greensboro will be allowed to increase as much as 1 percent and rates in Charlotte could increase by 8.4 percent. Raleigh and Durham homeowner’s could be hit with a rate increase of 2.8 percent.

For more information about these rates, contact Kelly & West. Our attorneys have been helping clients in North Carolina with real estate transactions for more than 20 years. We would be happy to answer any questions you may have.

FDA Stops Amgen Clinical Trial in Children after Child Death

Written by kwmlaw on February 28, 2013. Posted in Kelly & West News.

After the death of a young patient participating in a pediatric clinical trial, the U.S. Food and Drug Administration (FDA) shut down the study Feb. 26.

Produced by Amgen, the drug Sensipar was being tested in a new trial to evaluate its safety and efficacy in children. It is approved for use in adults.

The FDA wrote in a Safety Communication that the agency had not concluded that the drug was the cause of the young person’s death. It said that it was “evaluating the information [surrounding the death] and will communicate our final conclusions and recommendations when our review is complete.”

The Associated Press reported the news Feb. 27, 2013. Sensipar is prescribed to treat overactivity of the parathyroid gland. This abnormality can cause brittle bones, kidney stones and abdominal pain. It has been used in adults since 2004 to treat the symptoms of chronic kidney disease and parathyroid cancer.

The drug company Amgen released a statement saying it is “working as rapidly as possible to understand the circumstances of what happened,” reported CBS News.

The New York Times printed an article Jan. 19 about Amgen lobbyists aggressively urging the addition of a paragraph to the “fiscal cliff” bill. The paragraph, buried in Section 632 of the bill, delayed a set of Medicare price restraints on medications in a class that included Sensipar. The language in the bill effectively allows Amgen two additional years to sell Sensipar without having to reduce its prices.

Those who supported this delay, particularly “leaders of the Senate Finance Committee who have long benefitted from Amgen’s political largesse,” said the extra time was needed to enable regulators to prepare for the change in prices.

However, the company already had won a two-year delay, its critics claimed. They said another delay was an “unnecessary giveaway.”

Among these critics were “Congressional aides who were stunned to find the measure in the final bill,” The New York Times wrote. The newspaper article said that the legislative addition to the fiscal cliff bill “shows the enduring power of special interests in Washington.”

The New York Times pointed out that Amgen has profound political and financial ties to the leaders of the Finance Committee, which has power over Medicare payment policy, including Senate Minority Leader Mitch McConnell (Republican from Kentucky), and Senators Max Baucus (Democrat from Montana) and Orrin G. Hatch (Republican of Utah).

The addition to the bill, The New York Times wrote, “runs counter to a five-year effort in Washington to control the enormous expense of dialysis for the Medicare program by reversing incentives to overprescribe medication.”

Sources:

For more information, contact the Raleigh personal injury lawyers of Kelly & West.

N.C. House Committee Considers Tightening Tanning Salon Rules for Teens

Written by kwmlaw on February 19, 2013. Posted in Kelly & West News.

A committee in the State House of Representatives in North Carolina is considering whether to prohibit persons younger than 18 years from using tanning salons. A dermatologist spoke on the topic Tuesday afternoon, Feb. 19, to legislators.

Currently, children younger than 13 in North Carolina need written prescriptions from their doctors to use tanning salon equipment. Between the ages of 14 and 17, children need only have permission from a parent.

The house members were addressed by Dr. Kelly Nelson of Duke University Medical Center. Nelson said that melanoma is increasing in woman younger than age 50 — a time when the number of tanning beds also is increasing. Exposure to higher doses of ultraviolet radiation can break down skin over time, she said.

“Melanoma can be deadly, particularly if it’s not diagnosed early,” Nelson said. “Young people really need protection and that’s what this bill is all about.”

Every year, over 61,000 people are diagnosed with melanoma. Of those, approximately 9,200 die. Melanoma can be an especially aggressive cancer if not caught in its early stages.

The committee had planned to vote this week, but a tanning industry spokesman was given the chance to address the committee before the vote was taken. The spokesman, Joseph Levy, senior vice president of Smart Tan Educational Institute, told the lawmakers that the supporters of the bill were providing wrong information.

Levy told the legislators that tanning beds produce two to three times the radiation that sunlight produces, not 15 times as they had been told by Nelson. The executive director of the American Suntanning Association, Tracie Cunningham, told readers of a news release that “consumers should have the whole picture when evaluating the risks of getting too much or too little UV exposure.” The association membership consists of 14,000 tanning salons around the country.

If the bill were passed, teens would get tan by going to unregulated equipment in homes or illegal operations, Levy said.

The legislation was recommended by the North Carolina Medical Society, the American Cancer Society, the N.C. Pediatric Society and the N.C. Child Fatality Task Force. Rep. Rob Lamme, a representative of the North Carolina Dermatology Association, said the tanning salons’ information is “faux science.” When members of the legislative committee understand the true scientific implications of using the tanning beds, the bill will make progress, he said.

Using tanning equipment is banned in California and Vermont for those younger than 18 years of age. Eight other states currently are considering such legislation.

Source: http://abclocal.go.com/wtvd/story?section=news/local&id=8998887

To speak with a North Carolina personal injury lawyer, contact Kelly & West.

Two Young Children with Special Needs Left Behind on Wake County Buses

Written by kwmlaw on February 8, 2013. Posted in Kelly & West News.

After more than an hour’s wait on an empty school bus, a six-year-old with epilepsy and a sensory disorder was finally discovered on Wednesday, Feb. 6, ABC-11 reported Thursday.

J.D. Baynon’s mother told the news station that after finally returning home he suffered a grand mal seizure, probably because of the stress the incident caused, she speculated. She said the little boy boarded his school bus as usual at the end of the day at Salem Elementary in Apex. But, a substitute bus driver who wasn’t familiar with the route didn’t notice the six-year-old after passing the bus stop near his home where his mother was waiting.

He had never gotten off the bus. The Wake County Public Schools Transportation Office and local police helped her find the boy.

A spokesperson for the school district said it trains and certifies its substitute drivers completely, and added that drivers are taught to check the bus for remaining passengers when they reach the end of their route.

The bus driver for the Salem school and another driver in a similar incident driving a student from A.B. Combs Elementary were suspended pending the completion of an investigation. The child on the Combs bus also had special needs.

“We’re investigating the complaints fully and the drivers will not be back on the road until we’ve resolved those complaints,” said Mike Charbonneau, spokesperson for Wake County Schools.

Although J.D.’sÂ parents don’t want the bus driver to have to leave his job, they do want there to be policies ensuring that drivers know where they are going and require them to check the bus regularly for anyone mistakenly still on board.

Source: http://abclocal.go.com/wtvd/story?section=news/local&id=8984433&pt=print

This type of negligence should not occur and can have emotional effects for these special needs students. At Kelly-West, we help families that are harmed by such negligence. To speak with a North Carolina lawyer about a similar incident where negligence caused harm, contact us today.

*Please note: we are not representing the families in this news article. This was originally reported by ABC-11.Â

Report Shows Surgeons Making Too Many Preventable Mistakes

Written by kwmlaw on January 30, 2013. Posted in Kelly & West News.

Surgical mistakes that doctors should never make because they are preventable happen a minimum of 4,000 times a year, according to Johns Hopkins researchers.

Such events can include forgetting a sponge, towel or other foreign object inside the patient’s body after surgery. This type of mistake was found by the researchers to occur at least 39 times a week by surgeons in the U.S. Doing the wrong surgical procedure happens 20 times weekly in the country and doing surgery on the wrong site in the body also happens 20 times each week, on average.

The report by the Johns Hopkins researchers appeared online in the journal Surgery and was recounted in the Dec. 30, 2112, online issue of Medical News Today.

The scientists said they analyzed national malpractice claims to arrive at their numbers. They called these mistakes “never events” because they should never happen during surgery according to a general consensus among surgeons. Some surgical events, such as infection, are not 100 percent unavoidable, even when best medical practices are followed.

“There are mistakes in health care that are not preventable. Infection rates will likely never get down to zero, even if everyone does everything right, for example,” said lead author of the study, Marty Makary. Dr. Makary, who was quoted in the Medical News Today article, has an M.D. and M.P.H., and is an associate professor of surgery at the Johns Hopkins University School of Medicine.

The study involved a 20-year analysis of the National Practitioner Data Bank (NPDB), which collects information on malpractice claims in the country. The statistics the data bank collects categorize both malpractice judgments and settlements outside of court. The information concerned leaving a foreign object in a patient, operating on the wrong site or doing the wrong procedure, or operating on the wrong patient.

Among their findings, the researchers discovered that over the 20-year-period of their study:

9,744 malpractice judgments and claims were paid
The total of the claims reached $1.3 billion
Death happened in 6.6 percent of patients
Permanent injury occurred in 32.9 percent of patients
Temporary injury affected 59.2 percent of patients

Dr. Makary said he thought all the claims made were legitimate. “A sponge left behind. . . . can be proven by taking an X-ray.”

Legally, hospitals must report to the NPDB those never events ending in a settlement or judgment.

Many medical centers have instituted safety procedures such as operating room personnel being required to ensure that the medical records and surgical plans are those of the patient being prepared for surgery. Those assisting during surgery use other procedures to help avoid mistakes. These include using an indelible ink pen to indicate the surgical site or counting towels, sponges, and surgical instruments used during a procedure.

Other data the researchers collected showed:

The mistakes occurred in patients aged 40 to 49
The surgeons making these mistakes were also 40 to 49
Mistakes made by surgeons older than 60 totaled 14.4 percent
62 percent of the surgeons were mentioned in more than one separate malpractice report
12.4 percent of the surgeons were cited in separate surgical events

Dr. Makary said he thought never events should be published for everyone to see, including patients, to help them choose where to have surgery. This should pressure hospitals, he said, to make a greater effort towards safety during surgery.

Source:

http://www.medicalnewstoday.com/releases/254341.php

If you feel that you have been harmed by a preventable medical mistake, you should talk to an attorney about your right to compensation. The Raleigh, North Carolina medical malpractice attorneys at Kelly & West believe that doctors and other healthcare providers should pay for their mistakes. To schedule a consultation with a qualified attorney from the firm, contact Kelly & West today.

Driver Who Hit Cyclist in Durham Turns Himself In

Written by kwmlaw on January 18, 2013. Posted in Kelly & West News.

Charged with felony hit and run with injury, a Durham driver turned himself in to police after initially fleeing the scene of the accident Jan 14.

Kirk Brown, of Ridge Road in Durham, told ABC11 he didn’t know he had hit anyone.

The injured was Steve Saltzman, a bicyclist who was riding about 7 a.m., when the mirror on the right side of Brown’s car struck him near the intersection of Pickett and Structure House roads Monday.

Saltzman told the news station he was hugging the right side of the road when Brown’s car hit him because he was driving his car too closely to the cyclist.

As a result of the accident, Saltzman suffered a concussion and a sprained shoulder. A Duke doctor who was driving by the scene stopped to assist the victim.

ABC11 talked to Brown when he was leaving the Durham County jail. He received a $2,500 unsecured bond.

This bicycle accident brings up the issue of negligent driving. Even when cyclists do everything they can to protect themselves and their families while riding, negligent drivers can cause serious accidents and injuries.

Bicycle accidents involving motor vehicles can result in serious injuries such as broken bones, traumatic brain injuries, spinal cord injuries, amputation injuries and more. These accidents can also result in broken equipment and other property damage.

If you are hit by a negligent driver while riding your bike, you should try and use your cell phone to record as much of the scene as possible. Take pictures and video if possible and get the names and contact information from any witnesses to the accident. If the vehicle flees the scene, try to write down as much detail about the car and driver as possible.

Bicycle riders are no match for heavy vehicles. If you are injured by a car while riding your bike, you should talk to an attorney as soon as possible to find out if you grounds to file a personal injury lawsuit to seek compensation for your injuries. A prompt and thorough investigation is needed to determine liability.

To speak with a personal injury lawyer in Raleigh or a surrounding community, contact the North Carolina personal injury law firm of Kelly & West today.

Source: http://apnews.fimc.net/showarticlewptf.asp?id=1309571&url=www.wptf.com&site=wptfam&catg=Triangle&headlines=1&show=50&w=500

Authorities Investigate Fatal NC Car Accident

Written by kwmlaw on January 15, 2013. Posted in Kelly & West News.

Authorities in Durham are investigating the cause of a fatal car accident that killed one woman and injured three others. The accident occurred Wednesday, Jan. 9 just before 9 a.m.

According to a report by ABC Local, a white sedan lost control and hit a Jeep that was traveling southbound on Guess Road near Milton Road.

The driver of the sedan, who has not been identified, was found dead on the scene. The driver of the Jeep and two children were treated at a nearby hospital for unknown injuries. The auto accident is still under investigation and no names have yet been released.

This fatal car accident brings up the issue of reckless driving. While the details of the accident have not been released, it is important to remember that accidents happen every day, many of which are preventable.

If you are involved in a North Carolina auto accident, you can seek legal counsel from the experienced personal injury lawyers of Kelly & West. Our attorneys work with qualified experts to determine exactly what happened and why. We will thoroughly investigate the cause of the accident to determine liability and will help you and your family get the compensation you need to move forward with your lives.

To learn more, contact our law office today by calling 910-893-8183.

Source: http://abclocal.go.com/wtvd/story?id=8947554

Answer to Case Could Reshape Medicaid Laws in North Carolina

Written by kwmlaw on January 11, 2013. Posted in Kelly & West News.

The answer to a case, which is expected in June, will help shape how North Carolina and other states reclaim Medicaid funds that are spent on patient care. Currently, in North Carolina, the state can legally claim one-third of a medical malpractice settlement or judgment awarded to a Medicaid patient. However, those in opposition claim the amount should be made on a case by case basis.

The case that has brought this issue to light involves a 12 year-old girl (she turns 13 next month) who is deaf, blind and almost completely immobile. Emily Armstrong suffered severe injuries at birth, causing her to have cerebral palsy. She requires 24-hour care.

The family sued the obstetrician and the medical center for damages exceeding $42 million. The obstetrician surrendered his North Carolina medical license. He has a history of drug use.

The family recovered $2.8 million in a 2006 settlement. The state of North Carolina imposed a lien on one-third of the settlement, which amounted to $933,333.33. The state claimed that it had already spent $1.9 million on Emily’s care.

While the federal Medicaid law prohibits state governments from imposing liens on patient’s property, a Supreme Court ruling said the rule only applies to the part of a settlement that doesn’t cover medical care, including payment for pain and suffering. In Emily’s case, the amount being paid for medical care and the amount being paid for other purposes was not specified.

“How can you predict, particularly with a statute that wasn’t based on any empirical data, that 30 percent is normally the right amount?” asked Justice Sonia Sotomayor, the most persistent critic of North Carolina’s position. “You just picked it out of the air? You could pick 40, 50, 60. How do we draw the line?”

The answer to this case is expected to come in June. The results are important for Medicaid patients in North Carolina and other states.

Source: News Observer – http://www.newsobserver.com/2013/01/08/2591577/supreme-court-weighs-case-of-disabled.html

To speak with a medical malpractice lawyer in North Carolina for more information, contact Kelly & West today.

Missed Diagnosis of Breast Cancer is the Top Mistake among Radiologists

Written by kwmlaw on December 28, 2012. Posted in Kelly & West News.

According to a new study published in the journal Radiology, a missed diagnosis of breast cancer is the leading reason for medical malpractice lawsuits filed against radiologists in the U.S.

Researchers from the New Jersey Medical School evaluated the malpractice histories of more than 8,200 radiologists who were all credentialed members of One Call Medical. There were no radiologists from Hawaii, North Dakota, South Dakota or Vermont enrolled with One Call Medical during the period of the study.

Results from study showed that 2,624 of the radiologists (31 percent) had at least one medical malpractice claim brought against them in their careers. The most common reason for the claims was diagnostic errors, including missed diagnosis of the following:

Breast cancer
Nonspinal fracture
Spinal fractures
Lung cancer
Vascular disease

Other reasons for the malpractice claims include procedural complications and radiologist-referrer communication. The records indicate that 1,515 radiologists were sued once in their careers, 599 had been sued twice and 486 had been sued three times.

The states with the highest number of malpractice suits include New York, Indiana, New Jersey, Utah, Pennsylvania and Florida. And the states with the least amount of lawsuits include Wisconsin, Alabama, North Carolina, Arkansas, Mississippi and Nebraska.

Diagnostic errors can have devastating consequences for a patient. If, for example, a woman’s breast cancer is missed, by the time it is discovered, it may have progressed to a stage that is difficult or impossible to treat. A missed diagnosis can cost a patient his or her life.

If you or someone you love has suffered because of a missed or incorrect diagnosis, you may be eligible for financial compensation. To learn more, contact the Raleigh, North Carolina medical malpractice lawyers at Kelly & West. We represent individuals in Raleigh and across the state.

Source:

Diagnostic Imaging – http://www.diagnosticimaging.com/practice-management/content/article/113619/2119234

Gov. Perdue Frees Up $1M to Keep NC Group Homes Open through Jan. 31

Written by kwmlaw on December 18, 2012. Posted in Kelly & West News.

Raleigh, N.C. – As of Jan. 1, 2013, patients living in group homes are no longer eligible for Medicaid payments for personal care services such as assistance with eating, bathing or doing daily chores and activities. Changes in federal rules are responsible.

State officials said today that they freed up $1 million to allow patients with mental illness and developmental disabilities to stay in North Carolina group homes through the end of January. Gov. Beverly Perdue said last month that she wouldn’t allow group home residents to be forced out on the streets.

Although the governor’s ability to alter the budget is limited, she cited her authority based on unforeseen circumstances to keep group home residents in place for another month.

“We must do something quickly so that our most vulnerable citizens are not starting a new year homeless,” said Secretary of Health and Human Services Al Delia, who announced the plan because Perdue was sick and unable to speak.

According to Delia, the money is coming from a housing finance program that wasn’t spent this year.

Last year, changes in the budget were approved to help adult care homes with similar issues involving Medicaid reimbursements for personal care services. The language of the bill, however, disqualifies group homes, which often house six to eight patients.

The $1 million will cover housing for group home residents throughout North Carolina from Jan. 1 to Jan. 31 and lawmakers can help the transition next year. Given the timeframe, lawmakers would only have two days to develop and approve a more permanent situation after they reconvene on Jan. 30. Advocates for group homes say this isn’t enough time.

According to Barbara Dudley, who runs a group home for women with disabilities in Raleigh, told Wral.com that all six of her residents require help with dressing and bathing. She said they wouldn’t be able to survive on their own if her home was forced to shut down.

“I don’t know where they would go. There is nowhere for them to go,” Dudley said.

Another problem, not addressed by the funding, is the 3,000 to 4,000 Alzheimer’s patients who live in adult care facilities. According to Delia, 40 percent of funding will be pulled from the adult care facilities under new Medicaid rules.

Delia said the stat plans to request current reimbursement rates while patients appeal the changes.

Sources:

To speak with a personal injury lawyer in North Carolina, contact Kelly & West.

Family Sues Elementary School for Student Strip-Search

Written by kwmlaw on December 13, 2012. Posted in Kelly & West News.

The Sampson County N.C. family of a 10-year-old boy who was strip searched a number of months ago is suing the Board of Education, claiming their son’s treatment was unreasonable and constituted an invasion of his privacy.

According to Fox News, the search was conducted because another student accused the boy of stealing money. He told his mother that a girl dropped some money and he picked it up to give to her.

The lawsuit claims that Teresa Holmes, assistant principal at Union Elementary School in Clinton, forced the boy to remove his shoes, socks, pants and shirt. She then felt along the waistband of the boy’s underpants. A male janitor was in the room during the search. No money was found. Later it was discovered under a lunchroom table.

Susan Warren, a spokeswoman for Sampson County schools, said that Holmes had not done anything wrong.

“The assistant principal was within her legal authority, her legal right, to do the search,” Warren told Fox News. She did say, however, that, “She may have been overzealous in her actions.”

Sources:

This news story brings up the issue of privacy and personal rights. To speak with a North Carolina personal injury lawyer contact Kelly & West today.

Charlotte Bar Fined for Serving Drunk Driver Brings Up Liability Issues

Written by kwmlaw on December 10, 2012. Posted in Kelly & West News.

A Charlotte jury fined Eddie’s Place, a South Charlotte bar and restaurant, $1.7 million for serving a drunk man who crashed into a car and severely injured two parents. The mother was pregnant and lost her unborn child because of the crash.

The parents, Matt Eastridge, 32, and his wife, Meredith, 32, were hospitalized for more than a month for critical injuries, extensive surgery and longtime therapy. Meredith, who was six months pregnant, also lost 40 percent of her blood, according to an article published by USA Today.

The car crash was caused by David Huffman, 25, whose blood alcohol level was nearly three times the legal limit. USA Today quoted Matt as saying that Huffman had been given as much as “15 drinks in two hours,” while he was at Eddie’s.

The North Carolina car accident happened Oct. 29, 2010, when the Eastridges had started to drive away from an ATM. The drunk driver slammed into their car at more than 100 miles per hour, police say.

Edie’s Place had served Huffman 10 drinks during two hours and ten minutes at the bar, according to the establishment’s lawyer. Employees at the bar, seeing that Huffman was visibly drunk, arranged for him to be driven home by another customer. While Huffman initially agreed to accept the other customer’s ride, he wound up driving his own car.

The issue of liability and the laws that govern it are highlighted by this case, according to USA Today.Â Such laws are called dram shop laws, initially named for places that sold liquor, which at one time was dispensed by the dram.

Dram shop law differs significantly among the states. In North Carolina, according to the Eastridges’ attorney, the law says that a bar or other establishment cannot serve liquor to “someone who is visibly intoxicated when you have reason to believe they are going to drive. It’s not our duty to make sure no one every leaves a restaurant with more than .08 alcohol in their system. . . But that may be what the jury decided.”

There is a difference of opinion on placement of liability of dram shop law. Who should be held responsible and to what extent for a car crash that injures or kills someone — the bar or the driver?

Source: USA Today

If you or someone you love is injured in a car accident caused by a drunk driver, you can turn to the North Carolina personal injury lawyers at Kelly & West to find out who is liable — the driver and possibly the bar or restaurant that served him or her. To learn more, contact us today.

Overweight Woman Dies While Waiting for a Flight to Take Her Home

Written by kwmlaw on November 27, 2012. Posted in Kelly & West News.

A wheelchair-bound woman who weighed 425 pounds was denied being able to fly on three separate airlines after attempts to board her properly failed. She later died, allegedly nine days after being rejected by the first airline.

The 56-year-old woman, who with her husband, wanted to return to the Bronx in New York City, was attempting to fly home from a holiday in Hungary.

The woman, Vilma Soltesz, had diabetes and kidney disease. She was in a wheelchair because one of her legs had been amputated. She and her husband were going home where she intended to continue with her medical care.

Her husband, Janos, is suing KLM and Delta for $6 million, according to a Nov. 27 Huffington Post article, which credited CBS New York reports for the information.

The ill-fated odyssey began when KLM airlines could not physically get her on board. The couple, after a five-hour wait, was told they could get on an outbound flight if they drove to Prague. After arriving at the airport in Prague, Delta Airlines, which they thought could accommodate her, placed her on a plastic wheelchair which proved unable to handle her bulk.

The two went back to their vacation home in Hungary. There they found out a Lufthansa flight was supposed to be able to accommodate her. After arriving at the Lufthansa plane, the crew, in addition to members from the nearby fire department, tried for half an hour to move her to the three seats she was supposed to occupy.

The captain eventually told the couple they had to leave the plane. “We had 140 persons on board, and they had connections and needed to travel,” a spokesman for Lufthansa said.

Vilma passed away in Hungary two days following the unsuccessful attempt to fly on Lufthansa. Lawyers for the Soltesz’s explained that because she was extremely sick and because they did not have faith in Hungary’s hospitals, the couple were attempting to fly home to New York to be cared for by her own doctors.

Sources:

This news story brings up a larger issue of negligence. To speak with an attorney about a possible wrongful death in the Raleigh, NC area, contact Kelly & West.

Three Vets Killed in Texas Have N.C. Connections

Written by kwmlaw on November 20, 2012. Posted in Kelly & West News.

Three of the four veterans who were killed Thursday, Nov. 15, in a West Texas crash between a train and a parade float had connections to North Carolina, according to reports.

The floats were transporting the returning veterans to a banquet being organized to recognize their service in war. Some wives also were aboard.

The three who died were:

Marine Chief Warrant Officer 3 Gary Stouffer, 37, stationed at Camp Lejeune.
Retired Army Sargent Major Lawrence Boivin, 47, director of support operations for K2 Solutions Inc. in Southern Pines, a consulting firm providing logistics, canine training and intelligence and threat management advice.
Army Sargent Major William Lubbers, 43, stationed at Fort Bragg.

Those dying at the accident site were Stouffer and Boivin. Lubbers passed away at Midland Memorial Hospital. In addition to these three veterans, another veteran, Army Sargent Joshua Michael, 34, also died in the crash.

Also among the injured were Lubbers’ wife Tiffany, said to be in serious condition at University Medical Center in Lubbock, Texas; and Boivin’s wife, Angie, who works as a nurse at Cape Fear Valley Medical Center.

The float, which was on top of an 18-wheel semi-truck trailer, received the total brunt of the train racing down the tracks toward the railroad crossing where it was stuck right behind another float in line ahead of it.

Boivin, who was part of Special Operations and was awarded the Silver Star and Purple Heart, was deployed to Iraq and Afghanistan. Lubbers, who was with Special Forces, spent four tours of duty in Afghanistan and earned the Purple Heart and three Bronze Stars.

Stouffer was with the army in Afghanistan, Iraq, Albania and Kosovo. He suffered a traumatic brain injury in Afghanistan when an improvised explosive device exploded on his vehicle.

A total of 16 persons died in the crash with the train. A representative of Union Pacific railroad said an initial analysis of the situation showed that the lights and the crossing gate were in operating order.

Source: Wral.com – http://www.wral.com/police-4-vets-killed-after-train-hit-parade-float/11781913/

To speak with a North Carolina personal injury lawyer contact Kelly & West.

Crew Error Blamed for N.C. Plane Crash Killing Four

Written by kwmlaw on November 14, 2012. Posted in Kelly & West News.

Four North Carolina Air National Guardsmen who were fighting wildfires from the air in South Dakota died last July because of crew error. The conclusion was reported in a recently released accident statement, the News Observer said.

Four airmen died while fighting the White Draw Fire in the Black Hills of South Dakota about five miles northeast of Edgemont. Two seriously injured survivors were rescued by a helicopter from the plane crash site.

Those who died were Lt. Col. Paul Mikeal, 42, of Mooresville; Major Joseph McCormick, 36, of Belmont; Major Ryan David, 35, of Boone; and Senior Master Sergeant Robert Cannon, 50, of Charlotte.

According to the accident report the “cockpit crew’s inadequate assessment of operational conditions resulted in the aircraft flying into a microburst and impacting the ground.” The accident was partly the result of poor communication and conflicting information on how to circumvent a thunderstorm.

A microburst is a thunder storm’s severe localized downdraft that can sustain itself for under five minutes. The area it comprises is usually less than 2.5 miles.

The air tanker, which was the 145th Airlift Wing, was based in Charlotte.

President of the Accident Investigation Board, Brig. Gen. Randall Guthrie, was scheduled to recount the report’s conclusions later on Wednesday.

Sources:

Wildfire Today – http://wildfiretoday.com/2012/07/02/update-on-maffs-air-tanker-crash/
News Observer – http://www.newsobserver.com/2012/11/14/2483529/report-nc-air-guard-crew-misjudged.html

To speak with a North Carolina personal injury lawyer contact Kelly & West today.

Attorney General Roy Cooper Warns of Scams as NC Officials Assess Damage from Sandy

Written by kwmlaw on October 31, 2012. Posted in Kelly & West News.

In the wake of Hurricane Sandy, Attorney General Roy Cooper warns people to be careful of scams, especially those saying they are collecting money for relief efforts.

“The lowest of the low use catastrophes like this to line their own pockets,” Cooper said in a statement. “Don’t let phony charities divert your donations from those who really need our help.”

Authorities are assessing damage from Hurricane Sandy along the North Carolina coast. Some roads were flooded, including the U.S. Highway 158 Bypass in Kill Devil Hills and N.C. Highway 12. Most counties reported that there wasn’t any major damage, however.

Crews reported damage to the pavement on the south side of the temporary bridge over the Pea Island National Wildlife Refuge breach. The state Department of Transportation said the hurricane left sand and debris in certain areas on N.C. 12 on Pea Island from south of the Bonner Bridge to Rodanthe.

Jon Nance, deputy highway administrator said they are making “good progress” on cleanup efforts. The good thing is the roadway is still connected. Last year, they weren’t so lucky. Hurricane Irene left three major holes in N.C. 12 last year, requiring extensive repairs including the installation of the temporary bridge over Pea Island.

Currently the only way in and out of Hatteras Island is by ferry. Residents are able to take the ferry home and supplies and emergency equipment is being transported there. Visitors aren’t able to get to the island at this time, according to reports by Wral.com.

According to county spokesmen, most of the roads are now passable in Currituck County, some roads still have standing water in Carteret County and no homes have been flooded in Hyde County. Officials continue to assess the damage in other counties.

Source: Wral.com

For more information contact an attorney in North Carolina by calling Kelly & West.

Hurricane Sandy: Some NC Residents Brace Themselves for More Flooding

Written by kwmlaw on October 29, 2012. Posted in Kelly & West News.

Giant waves and high water rushed up beaches in Pender County along Topsail Beach, N.C. on Sunday. The force of Hurricane Sandy devastated the land, stripping away sand from beaches and knocking down homeowners’ foundations.

In other North Carolina storm news, tall ship HMS Bounty had to be abandoned early Monday morning after Hurricane Sandy bore down on the vessel. Fourteen crew members, in survival suits, were plucked by two Coast Guard helicopters from lifeboats after the crew was forced to leave the ship. Two crew members are still missing.

The Coast Guard in Portsmouth was notified by the tall ship’s owner late Sunday evening, saying she had lost communication with its crew. A radio beacon from the Bounty signaled its position, guiding the helicopters to the ship. Water was pouring into the vessel, which also had lost its propulsion.

The Bounty, a 180-foot, three-masted ship, was used to film the 1960 MGM movie “Mutiny on the Bounty” and was also used in the production of the 2006 film “Pirates of the Caribbean, Dead Man’s Chest.”

On the Outer Banks, the storm let up somewhat Monday, but residents are bracing themselves for further flooding with high tides on Hatteras and Ocracoke islands. Ocracoke was flooded by over two feet of water in some spots and people were stranded along parts of Hatteras Island’s 70-mile-long main highway.

In Rodanthe, a beach home buckled. No great damage or injuries were reported for Sunday night and early Monday in Currituck County.

As of 6:30 p.m. ET, more than 1.5 million customers are without power due to Hurricane Sandy. According to CBS, 5,264 Duke Energy customers lost power and another 11,995 Progress Energy customers lost power today. There are 72 active outages as of 5 p.m. ET.

Sources:

To speak with an attorney in North Carolina, contact Kelly & West today.

Agencies Discuss Contaminated Water Found in Wake County

Written by kwmlaw on October 25, 2012. Posted in Kelly & West News.

Several agencies including the U.S. Environmental Protection Agency (EPA) commented on the issue surrounding the contaminated water that has been found in two Wake County neighborhoods during a news conference this morning.

Homeowners finally got some answers about the contamination. According to ABC News, dangerous levels of a cancer-causing chemical were found in drinking water wells that serve homes just off Stony Hill Road in Wake Forest.

During the news conference officials said the contamination was caused by a defunct pant. The chemical found in the water, Trichloroethylene or TCE, is an industrial solvent used primarily as a machine degreaser. It is a blue liquid with a sweet, chloroform-like smell.

Officials say they are talking to plants that used to be in the area to determine exactly how TCE got into the well. ABC News reported that TCE was found in another well back in 2005 after a homeowner complained that the water had a funny smell.

Authorities are looking further into the contamination to determine if the area could become a Superfund Site, which is an EPA program to clean up areas affected by hazardous materials.

Source: ABC News

For more information or to speak with a North Carolina personal injury lawyer about a potential claim involving toxic chemicals, contact Kelly & West.

AAA Carolina Offers Up Safe Driving Tips

Written by kwmlaw on October 22, 2012. Posted in Kelly & West News.

The leading cause of death for people between the ages 5 and 30 is traffic accidents according to AAA Carolinas. The following are some tips for safe driving put together by AAA Carolinas:

Pay attention to your time, visibility and space on the road. Always leave three to four seconds of distance between your car and the vehicle in front of you to prevent a rear end collision.
Adjust the side mirrors so you can’t see the sides of your car; although this may seem weird at first, it will help eliminate blind spots.
Always pay attention to the road and try to avoid distractions such as looking at electronic devices and maps, texting or talking on a hand held cell phone or adjusting the radio or CD player.
Don’t drive if you are too tired. Make sure to pull off the road to rest if you are sleepy after driving a long distance. Always prepare for a long road trip by getting a full night’s sleep the night before.
Never drink and drive. Driving while intoxicated impairs your judgment and is never a good idea.
Be careful when taking prescription or over the counter medications and driving. Medications affect everyone differently and can impair your ability to drive.
Check local road conditions before traveling. This can help you prepare for traffic caused by construction and other road conditions so you can choose an alternate route and get to your destination safely and on time.

Source: AAA

If you are involved in a car accident that is caused by negligence, you may be eligible to seek compensation from the liable party. Negligent parties can include other drivers, makers of defective auto parts and companies responsible for unsafe road conditions.

To learn more, contact the North Carolina auto accident lawyers at Kelly & West. Our attorneys offer free consultations for individuals and families who believe they may have a claim.

Falls Lead Causes of Death among Seniors in NC

Written by kwmlaw on September 28, 2012. Posted in Kelly & West News.

Falling among seniors according to recent data, is the most common reason for injury death in 69 counties in North Carolina, reported the North Carolina Department of Health and Human Services (DHHS). National reports show that a senior person is treated in a hospital emergency department every 17 seconds for injuries caused by falls.

In North Carolina, falls were the reason for more emergency department visits and hospitalizations among seniors than any other cause.

Statistics in North Carolina from 2007 to 2009 show falls in the elderly accounted for:

Almost 1,600 persons who were 65 years old and older who died because of falling
About 55,000 being hospitalized
135,000 who were treated in a hospital emergency department

DHHS Secretary Al Delia cautioned seniors and their families to recognize that falling has serious long-term consequences and to take measures to improve the safety of their homes for the elderly.

The secretary said that falls often curtail independence for seniors and lead to being admitted to nursing homes sooner than they otherwise would be. In addition, he added, many falls can be fatal.

“With North Carolina’s rapidly growing aging population, it is critical for us to educate individuals and caregivers about ways to prevent falls,” Delia said.

DHHS suggested people take the following precautions to make their homes safer and protect people from falling:

Ensure there is good, bright lighting including night-lights in halls, the bedroom and the bathroom.
Be certain all rugs are attached to the floor and back them with non-skid material.
Keep electric cords and telephone cords away from walking areas.
Install grab bars in the bathroom to support people moving on and off the toilet or stepping into the shower or bathtub. Possibly use a seat in the shower to avoid falls when washing legs and feet.
Be sure stairways are well lit and have handrails on both sides.
In the kitchen, make sure items are easy to reach and kept near where you use them. Don’t use ladders or step stools.
Use cordless phones around the house for convenience, but be sure the phone near the bed is corded for times like black outs.
Do not wear loose slippers.
Be sure your shoes have firm, non-skid soles.

Source: WFMY News

To speak with a Raleigh personal injury lawyer, contact Kelly & West today.

Rockwell Firefighter Injured in SUV Accident

Written by kwmlaw on September 27, 2012. Posted in Kelly & West News.

A Rockwell Rural firefighter en route September 26 to a car crash on Fisher Road was ejected from his SUV when the tread on his rear tire was torn apart and the vehicle overturned.

Trying to keep control of his Ford Explorer, Josh Jacobs, 30, was catapulted from the vehicle when it flipped, according to a news report. He landed face down near the front yard of a home at 7660 Pop Basinger Road. He suffered serious injuries, according to fire department spokesmen, but his condition is improving.

Emergency vehicles were called to the accident by homeowner Linda Benge who had dialed 911.

Jacobs was brought to Wake Forest Baptist Medical Center and was said to be stable Thursday morning, Rockwell Rural Assistant Fire Chief Kevin Holshouser told the Salisbury Post.

Among his injuries, Jacobs had some minor bleeding on the brain and some fractures of his face. A CT scan showed him to be normal. He is being sedated, but was responsive when hospital doctors tested him.

Holshouser said the recovery would be slow. The department, said Chief Holshouser, appreciates all the support that’s been received, including prayers and phone calls.

Source: Salisbury Post

If you or someone you love is injured in a North Carolina auto accident, you may be eligible to pursue damages by filing an auto accident claim. To learn more, contact the Raleigh, NC personal injury lawyers at Kelly-West.

Anxious NC Homeowners Concerned About Well Water

Written by kwmlaw on September 20, 2012. Posted in Kelly & West News.

Owners of at least 21 homes on Stony Hill Road near Wake Forest, North Carolina are worried about the well water they’ve been drinking for years. Nearby residents also are concerned.

According to Wral.com, the water from their wells tested positive for TCE, a cancer causing substance used to clean up grease.

Soil contamination by TCE in that area has been a problem known to the North Carolina Department of Environment and Natural Resources (DENR) since 2005. At that time, it was thought the soil contaminant was confined to only one well on Stony Hill Road.

Dozens of anxious residents met the night of Sept. 12 with DENR officials and Environmental Protection Agency (EPA) representatives to learn more about the contamination.

The pollution is probably caused by the actions of two unnamed small circuit board assembly companies that used to be located at 7303 Stony Hill Road, DENR officials said.

When they took soil samples at the site on Sept. 19, they found the presence of chlorinated solvents, a group of chemicals containing TCE. DENR officials said the agency has been working for years to make the companies who were most likely responsible for the pollution pay to clean up the problem.

“We know that [TCE] was present in soils on the property. We know there was a discharge on that property. We know there’s ground water contamination. We have to show which of those parties did that,”Â Charlotte Jesneck, a DENR representative told the group Wednesday night.

While the cleanup process is underway, the EPA says it plans to find a way to supply clean drinking water to residents affected by the contamination.

WRAL.com obtained letters showing that a minimum of three possible developers were warned about an “inactive hazardous site”Â at the location between 2008 and 2010. Homeowners say they were never informed of the possibility of contamination in the area.

John Roth, from the Stonewalls Homeowners Association, said he is thinking about filing a class action lawsuit against the companies.

Source: Wral.com

To speak with a North Carolina personal injury attorney about an illness or injury contact Kelly & West today.

Deadline to Apply for SBA Loans in North Carolina Coming Up

Written by kwmlaw on September 17, 2012. Posted in Kelly & West News.

Oct. 9, 2012 is the deadline to apply for a loan from the Small Business Administration (SBA) for economic disaster as a result of the drought and excessive heat throughout 2011 in North Carolina. The loans are available to:

Small businesses
Small agricultural cooperatives
Small business engaged in aquaculture
Most private non-profit organizations of all sizes

Loans can range up to $2 million, interest rates of 3 percent, for private-non-profit organizations and $2 million, interest rates of 4 percent, for small businesses. Terms will be up to 30 years.

Loans will be awarded based upon the applicant’s:

Size
Type of activity it is engaged in
Financial resources

The money is provided by the SBA’s Economic Injury Disaster Loan program to eligible farm-related and non-farm related businesses that were hurt by the drought.

Small businesses from the following counties are eligible for the loans:

Alamance, Beaufort, Bertie, Brunswick, Bladen, Camden, Carteret, Caswell, Chatham, Chowan, Columbus, Craven, Cumberland, Dare, Davidson,Â Duplin, Durham, Forsyth, Franklin, Gates, Granville, Greene, Guilford, Halifax, Harnett, Hertford, Hoke, Hyde, Johnston, Jones, Lee, Lenoir, Martin, Montgomery, Moore, Nash, New Hanover, Northampton, Onslow, Orange, Pamlico, Pasquotank, Pender, Perquimans, Person, Pitt, Randolph, Richmond, Robeson, Rockingham, Sampson, Scotland, Stokes, Tyrrell, Vance, Wake, Warren, Washington, Wayne and Wilson.

Source: Sacramento Bee

To speak with a North Carolina injury lawyer contact Kelly & West today.

Drag Racing Leads to Fatal Accident, Lands Woman in Prison

Written by kwmlaw on August 31, 2012. Posted in Kelly & West News.

According to the San Francisco Chronicle, a 47-year-old female drag racer entered an Alford plea Aug. 28, 2012 to involuntary manslaughter. She was reportedly charged with murder for an April 2009 accident that killed three on Highway 49 in Mecklenburg County, North Carolina.

The defendant, Carlene Atkinson, of Lake Wylie, South Carolina, entered what is called an Alford plea to three counts of involuntary manslaughter, the news story said. An Alford plea means that the defendant does not admit they are guilty, but does agree that there is sufficient evidence for a jury to render a guilty verdict.

The North Carolina judge sentenced her to 32 to 40 months in prison. Atkinson, of Lake Wylie, South Carolina, admitted she was drag racing with Tyler Stasko, 23, sometimes reaching speeds of 100 miles per hour. Stasko hit and killed Winthrop University professor Cynthia Furr and her two-year-old daughter McAllister. A passenger in Stasko’s car, Hunter Holt, 13, also died in the crash.

Holt’s mother said Atkinson was “heartless” and “soulless” during the Aug. 28 hearing, according to WBT Charlotte’s New Talk.

Stasko was sentenced to a minimum of three years and nine months in prison after a jury convicted him in December of involuntary manslaughter. Atkinson previously had been convicted 15 times of speeding. Her driver’s license has been revoked.

Although Atkinson stopped following the crash, she then drove away. She did not call 911 or offer the victims any assistance.

Sources:

To speak with a Raleigh personal injury lawyer about a serious accident caused by negligence, contact Kelly & West.

Friendly Pit Bull Corners Suspected Shooter in NC Barn

Written by kwmlaw on August 28, 2012. Posted in Kelly & West News.

Abby, a friendly 4-year old pit bull mix, barked for so long at a seemingly empty Randolph County, North Carolina, barn that neighbors dialed 911. When police responded to the scene they discovered a suspected shooter inside who is thought to have wounded two North Carolina police officers several hours earlier.

Thirty-six-year-old James Lee Ashley shot Detective Jonathan Chriscoe, 33, in the chest and Deputy Edward Slafky, 38, in the chest and leg while was he being questioned after they had stopped his car in Randleman, according to Fox8.

The incident took place near the intersection of U.S. 311 and U.S. 220. Both officers shot back but missed. Chriscoe stopped Ashley’s car, a Kia Rio, because it looked like a car used in a number of break-ins in Guilford and Randolph counties, according to news reports. Two passengers besides Ashley were in the car.

Ashley was described as a “violent and dangerous” felon by Randolph County Sheriff Maynard Reid Jr. The suspect was wanted in connection with a number of home invasions and serious assaults, one on an elderly woman.

After the shooting, Ashley ran into the woods and sought refuge in the barn which was about a mile from where the shooting had occurred.

Other police had been searching for several hours for the suspect when the dog seemed to perceive something was not right in the barn and started barking. Abby’s owner Michelle Williams said her dog began to bark non-stop outside the seemingly empty structure.

After the police discovered Ashley inside the barn, they arrested him and took him to Randolph County Jail where he was charged with two counts of attempted first-degree murder, two counts of assault on a law enforcement officer with a firearm, and possession of a firearm by a convicted felon.

Before the suspect was arrested, police said a handgun and shell casings were found near the scene of the shooting. The two wounded deputies were reported to be in stable condition.

Sources:

To speak with a Raleigh, North Carolina personal injury lawyer, contact Kelly & West.

Clay County Is Number One In Danger on the Road In N.C.

Written by kwmlaw on August 17, 2012. Posted in Kelly & West News.

Clay County ranked number one in North Carolina last year, based on driving fatalities relative to miles driven. There were five fatal accidents from March through September of 2011 in Clay. The ranking was determined by a AAA Carolinas analysis.

Unlike other counties, where speed caused many accidents, the older age of the drivers in Clay County correlated with the relatively high number of traffic deaths. The drivers ranged in age from 61 to 84 years, with an average of 76. One of the drivers was riding a motorcycle.

After concluding that age was a contributing factor to the traffic deaths, a North Carolina highway patrol spokesperson said that the highway patrol offered a safety driving course at the Clay County Senior Center. Trooper Jeff Gordon taught the class.

Not one of the accidents involved speed or alcohol, according to Tressie Phillips, spokeswoman for the North Carolina Highway Patrol in Bryson City. Age was the common denominator.

This was the third consecutive year that rural counties had the most accidents in the state. The ranking, reached by a AAA Carolina analysis, is figured by comparing the likelihood of types of crashes against the number of total vehicle miles driven. Even though Clay County had under 0.1 percent of total miles driven in the state, the five deadly crashes per 100 million vehicle miles traveled led the state with five times over the average of 1.11 deadly crashes.

Graham County proved to be the most deadly for motorcyclists. That county had more collisions, injuries, and fatal motorcycle crashes. In Graham, one scenic mountain road the motorcyclists travel is called the “tail of the dragon.” It has 11 miles of roadway with 318 curves.

In Clay County, the one motorcyclist killed last year was Frances Walter Hodges, 61.

Two-thirds of fatal crashes happen on rural roads across the nation, said David E. Parsons, president and CEO of AAA Carolinas.

“Rural counties have roads that are generally narrower, with more curves, lower shoulders, faded or non-existent road markings and less police presence than major highways,” Parsons said.

In Clay County, two people have been killed in motor vehicle crashes so far this year. Those killed are James William Haynes Jr., whose moped crashed on Highway 64 west, and Matthew Beni, who died in an accident on Fires Creek Road.

Source: Clay County Progress

To speak with a North Carolina auto accident lawyer, contact Kelly & West.

Labor Leader Seth Rosen Dies in Swimming Accident

Written by kwmlaw on July 30, 2012. Posted in Kelly & West News.

Known as a scrappy fighter for workers’ rights, Seth Rosen, 55, vice president of the Communications Workers of America (CWA) labor union, died Friday, July 27, in the Outer Banks, North Carolina, according to the Communications Workers of America.

Rosen, of Westlake, and his wife Kathi, were in the water when the accident occurred around 4:25 p.m. He was swept away by powerful waves and an undertow. He had just finished a phone call in which he finalized a contract between CWA and AT&T. The contract affected 15,000 CWA members.

Rosen was the leader for 75,000 members in CWA District 4, comprised of Ohio, Michigan, Indiana, Illinois, and Wisconsin. He kept his office in Rocky River.

Rosen led all "bargaining, organizing, and political action," for CWA in those states, said Amy Hanauer from Policy Matters Ohio.

"Seth was a giant in our movement, the deeply loved vice-president of District 4, for the last seven years, a member there for 30 or more years," wrote Larry Cohen, CWA President, in a letter to members.

Park Service Ranger Sam Salter said the accident occurred at Ramp 59 at the north end of Ocracoke. A 911 call brought the Park Service, Ocracoke lifeguards, the Ocracoke Volunteer Fire Department, Hyde County Emergency Medical Services and the Sherriff’s office to the scene about a quarter mile north from where he disappeared.

After CPR failed when he was brought to shore, life support procedures were begun when the ambulance arrived. He died at Ocracoke Health Center.

The union leader loved music according to friends. He taught mandolin for many years. The Sethro Quartet was one of his numerous bands.

Rosen is survived by his wife and two children, Amanda and Josh.

Sources:

To speak with a North Carolina personal injury lawyer contact Kelly & West today.

Durham Woman Sustains Back Injury after being Run Over by an SUV

Written by kwmlaw on July 24, 2012. Posted in Kelly & West News.

A 70-year-old Durham woman, hit by an SUV at Raleigh-Durham International Airport in June, was treated for a back injury and released from WakeMed according to a Wral.com news report.

Genevee Dillard has been resting in bed, unable to stand up straight or walk, according to her daughter, Sheremy Dillard-Clanton.

When Dillard-Clanton drove up to Terminal 2 where her mother was supposed to be waiting, she saw her mother was flat on the ground, according to the news report.

"As I came around and I looked at her, I saw she was on the ground," Dillard-Clanton said. She quoted her mother as saying, "I’ve lived for 70 years and I’ve never been hit by a car."

Christopher Dashawn Mazyck forgot to put his car in park when he left his vehicle running outside Terminal 2. The SUV began to roll. When Mazyck saw it moving, he leapt inside but hit the gas instead of the brake, investigators said.

According to an airport spokesman, two other people also were injured. They were left with minor injuries from trying to escape from the path of the wayward SUV. In addition, the SUV hit three signs.

Also from Durham, Mazyck, 20, faced charges of a safe movement violation. Investigators said they don’t anticipate any further charges will be brought against Mazyck.

Source: Wral.com

If you or someone you love is injured in an accident that is caused by another’s negligence, you may be eligible to seek compensation for your injuries. To speak with a Raleigh personal injury lawyer, contact Kelly & West today.

Fourth of July Watercraft Accident Highlights Dangers of Inexperience

Written by kwmlaw on July 13, 2012. Posted in Kelly & West News.

Critical injuries suffered on the Fourth of July by a Duke football player unfortunately illustrate the dangers of operating personal watercraft, especially when their riders have little experience and no formal boat safety training.

Blair Holliday, a sophomore wide receiver on Duke’s football team, was left in a coma after his personal watercraft collided with another vessel operated by teammate Jamison Crowder. Crowder, also a wide receiver, was not treated.

The two were traveling on Lake Tillery, about an hour east of Charlotte. The accident caused Holliday to suffer a coma. His condition later was upgraded to critical but stable.

Choppy water and skiers’ inexperience have been credited for causing the accident.

Two other high profile personalities were killed lately in Jet Ski accidents. Retired astronaut Capt. Alan Poindexter died of injuries sustained when he and his son were jet skiing and collided.

Usher’s stepson Kyle Glover recently was confirmed brain dead following another personal watercraft accident.

Summer days bring out more watercraft operators, but also increase the number of people hurt on these potentially dangerous vehicles. In 2011, 44 persons were killed on personal watercraft, an increase from 38 the previous year, according to FoxNews.com, which quoted statistics from the U.S. Coast Guard.

"It’s kind of scary," Ron Sarver told Inquisitr.com. Sarver is deputy director of the National Association of State Boating Law Administrators. "Anybody with money can go out and buy a boat and be on the water that afternoon.

"You’ve got this big machine out there that can do some harm. We want people to be out there, but now more than ever, we need for people to be educated," Sarver said.

Of the dozens of brands of personal watercraft, the most widely known are Kawasaki’s Jet Ski and Yamaha Motor Company’s Wave Runner. Riders stand on the Jet Ski while they sit on the Wave Runner.

Sources:

Have you or someone you loved been hurt on a personal watercraft? The North Carolina personal injury lawyers of Kelly & West can help you seek and recover financial compensation for your injuries. To learn more, schedule a free review of your case.

Kelly & West Offers Safety Tips in Preparation for the Expected Heat Wave this Weekend

Written by kwmlaw on June 28, 2012. Posted in Kelly & West News.

The National Weather Service announced an excessive heat watch from Central North Carolina to the coast Friday through Sunday night.

Temperatures are expected to reach 105 degrees over the weekend and could hit a record high of 106 degrees at Raleigh-Durham International Airport, according to Elizabeth Gardner, WRAL meteorologist.

With high heats expected this weekend, Raleigh personal injury law firm Kelly & West offer dehydration prevention tips. According to the injury lawyers, the following tips can help people stay hydrated during the sweltering heat:

Drink plenty of water, especially before, during and after exercise
Try to drink every 15 to 20 minutes if you are participating in outdoor activities
If you are active for more than an hour, use a sports drink such as Gatorade or G2 sports drinks to help replace electrolytes
Make sure your children stay hydrated by giving them lots of fluids and popsicles (children between the ages 4 and 10 should drink 8 to 12 glasses of water per day)
Avoid coffee and other drinks that contain caffeine
Avoid alcoholic drinks because they can increase dehydration
Don’t take salt tablets
If you feel lightheaded, you should go inside

As the temperature continue to rise, be sure to keep yourself and your children hydrated. For more information contact Raleigh, NC personal injury lawyers of Kelly & West.

Woman Killed in Harnett County Golf Cart Accident

Written by kwmlaw on June 22, 2012. Posted in Kelly & West News.

An investigation continues after a woman was killed in a golf cart accident near Spring Lake, Harnett County. According to a news article published by Wral.com, the woman died after being knocked off the golf cart by a security cable, designed to keep trespassers out.

The fatal accident occurred Thursday night. Authorities reported that the woman, who was riding tandem on the golf cart, was hit in the neck by a steel cable that stretched across the path. She died at the scene.

A neighbor said the steel cable had been there for more than 10 years. The case is still being investigated.

Source: Wral.com

When accidents occur, causing death, the surviving members may be able to seek compensation by filing a wrongful death lawsuit.

For more information about a possible wrongful death claim, contact the Raleigh personal injury lawyers at Kelly & West today.

NC Highway Patrol Launches Distracted Driving Prevention Campaign

Written by kwmlaw on June 7, 2012. Posted in Kelly & West News.

The North Carolina Highway Patrol will be launching a “distracted driving” prevention campaign this month to heighten the public’s awareness regarding the dangers associated with texting while driving.

Since Dec. 1, 2009, texting while driving in North Carolina has been illegal. For drivers younger than 18 years old, any use of a cell phone – even a hands-free device – is also illegal. Those issued a driving while texting ticket can face up to $100 in fines for a first-time offense.

Interestingly, studies show that most of the driving while texting tickets that have been issued in North Carolina have been to drivers older than 25 years old. Recent polls show that nearly 40 percent of North Carolina drivers admit to texting while they drive.

This new distracted driving campaign aims to educate the public about the dangers of texting while driving and hopes to reduce the potential for accidents caused by distracted drivers.

Source:

North Carolina News Network

For more information, contact the NC personal injury lawyers of Kelly & West.

7-Year Old Bicyclist Struck by Car, in Critical Condition

Written by kwmlaw on May 31, 2012. Posted in Kelly & West News.

Daniel Brito, 7, of Mohawk Trail was riding his bicycle in Clayton when he was struck by a pickup truck. He is currently in critical condition at Wake Medical Center. The accident occurred on May 30, 2012 at approximately 4:50 p.m.

Police reports state that Brito was attempting to turn his bike around when he was hit by a 2004 GMC pickup truck. Lester Mir, 38, was driving the truck. He will not be charged in the case, said Highway Patrol spokesman Jeff Gordon.

Car accidents such as this one are not new for Raleigh’s roadways. Thousands of drivers, passengers, bicyclists and pedestrians are injured (and some killed) each year due to motor vehicle accidents.

When negligence of a driver or an auto manufacturer plays a role in a car, bicycle or pedestrian accident, injured parties will have a personal injury claim, entitling them to compensation for their injuries and losses.

Source: News Observer

If your child is hit by a car while riding a bicycle or while walking as a pedestrian, you can seek legal assistance from the Raleigh, North Carolina personal injury lawyers at Kelly & West. Even if your child was partially at fault, you may be able to seek compensation for his or her injuries.

To learn more, please contact an attorney at our firm today.

Woman and Baby Killed in NC Tractor-Trailer Crash

Written by kwmlaw on May 30, 2012. Posted in Kelly & West News.

A woman and her child died in a North Carolina car accident May 30, 2012. According to reports, Tisa Michelle Strickland Dellinger hit a tractor-trailer head-on while attempting to pass several drivers. She was driving west on N.C. 150 and drove into on-coming traffic to pass cars in her lane when she collided with a tractor-trailer that was headed in the opposite direction.

"The tractor-trailer swerved off the right shoulder to miss her but he still struck the car," Trooper W.A. Martin told Hickory Daily Record.

Martin reported that he was unsure of what exactly happened. He said it did not appear that Dellinger tried to stop or swerve out of the way of the on-coming tractor-trailer. The tractor-trailer did leave about two-dozen feet of skid marks, showing that it tried to avoid the collision.

The Highway Patrol is investigating the accident. Alcohol and drugs are not suspected in the crash. The accident occurred about a half-mile from N.C. 16 just before 8 a.m.

Dellinger and her 1-year-old daughter both died in the crash.

Source: Hickory Daily Record

The NC personal injury lawyers at Kelly & West represent individuals injured in and family members of those killed in North Carolina car crashes. To speak with one of our attorneys about a possible claim, please contact our firm today.

Three-Tractor-Trailers Collide, Kill One in NC

Written by kwmlaw on May 11, 2012. Posted in Kelly & West News.

An accident on northbound Interstate 95 involving three tractor-trailer trucks left one driver dead and one in critical condition Wednesday, May 9. The driver of the third truck was treated and released from the hospital.

Truck driver John Michael Jenkins of Rincon, Ga. died early Thursday morning in the Jacee Burn Center of University of North Carolina Hospitals in Chapel Hill. The NC truck accident occurred about 9:30 p.m. near mile marker 138 in Rocky Mount, according to police spokesman Michael Lewis.

One of the trucks was driving south on I-95 when it crossed the median and crashed into two tractor-trailers going north. Loaded with cooking oil that spilled onto the roadway, one truck sparked a scorching blaze.

An Orlando, Fl. truck driver was driven to Vidant Medical Center in Greenville. He is in critical condition. The third truck was driven by Lacy Downing of Winston-Salem. She had minor injuries, said spokesman Lewis, and was taken to Nash General Hospital, where she was treated, and released.

The intense heat from the fire damaged the road surface and guard rail on I-95. The northbound lanes of the highway were closed for 13 hours and reopened at 10:30 a.m.

NCDOT said signs along the interstate remind people to drive carefully in this area.

Source: News & Observer

If you are injured in a truck accident, the Raleigh, North Carolina injury attorneys at Kelly & West can help you seek compensation for your injuries. To learn more, contact us today.

High School Football Brain Injuries On The Rise

Written by kwmlaw on April 27, 2012. Posted in Kelly & West News.

Information collected by the National Center for Catastrophic Sports Injury Research shows that more high school football players suffered catastrophic brain injuries in 2011 than at any time since the center began to compile data.

The center, which started to accumulate brain injury data in 1984, is located at the University of North Carolina.

In 2011, 13 players had catastrophic head injuries even though there has been a widespread effort to educate coaches and change the rules.

Bob Colgate of the National Federation of State High School Associations said that injuries are being reported today that might not have been reported in the past.

"But we also have a responsibility to keep emphasizing that the head has to be taken out of tackling and blocking," Colgate said.

Coaches are taught to watch their players for inappropriate blocks and tackles where players lead with their heads.

"This is a major problem," according to Dr. Fred Mueller, the primary author of the center’s report. Mueller is director of the center. He also is professor emeritus of exercise and sports science in the university’s College of Arts and Sciences.

The head must not be used as the first point of contact during blocking and tackling, Mueller emphasized. Although the rules were changed in 1976, making it illegal to lead with the head in blocking and tackling, Mueller said he thinks the rules need to be enforced more stringently by officials, and coaches must teach this information to their players.

Six high school players who did not properly tackle and block suffered injuries to the cervical cord and did not completely recover.

The North Carolina state legislature passed a law in 2011 that requires players in high school and middle school to be taken off the field if they are suspected of having a brain injury, and they are not allowed to return to play until a medical professional approves.

The center has been gathering and publishing information on catastrophic football injuries for 48 years. It began to accumulate data on brain injuries in 1984. Catastrophic injuries are defined in the report as injuries that harm the brain or spinal cord, or cause a skull fracture or fracture of the spine that result in some disability when the injury occurs.

Source: Education Week

If your son or daughter suffers a head injury or other serious sports related injury that you believe was caused by negligence, you may be eligible to seek compensation for your child’s suffering. To schedule a free case review with a Raleigh, NC personal injury lawyer, please contact Kelly & West today.

Driver Killed in NC Truck Accident

Written by kwmlaw on April 25, 2012. Posted in Kelly & West News.

According to the North Carolina Patrol, one person was killed in a big-rig truck accident Wednesday morning. The truck accident occurred at approximately 9:40 a.m. on Highway 258 south of Kinston.

According to the report, a big-rig truck rear-ended another big-rig, causing both trucks to catch on fire. One of the truck drivers died in the crash.

The name of the deceased driver has not been released. The cause of the fatal truck accident is under investigation.

Source: ABC

Truck accidents often result in serious injuries or death, due to the size and impact of the trucks. The Raleigh, NC truck accident lawyers at Kelly & West represent individuals injured in and families of those killed in big-rig truck accidents.

To schedule a review of a possible truck accident claim, please contact us today. Call 910-893-8183 or send us an email and someone from our firm will be in touch with you shortly.

NC Agency Clamping Down on Uninsured Employers

Written by kwmlaw on April 19, 2012. Posted in Kelly & West News.

Raleigh, NC — After years of dragging their feet, over a dozen employers have been ordered to a contempt hearing May 22 to settle a claim regarding workers’ compensation insurance for injury on the job.

Many injured workers whose companies failed to reimburse them and whose injuries became permanent have found themselves relying on welfare and Medicaid to subsist.

It’s off to jail for business owners who don’t show up at the hearing, cannot pay a portion of the claim and/or refuse to pay a portion of the claim.

This recent attempt to force employers to carry insurance comes after an investigation reported April 1 by the News and Observer. The inquiry shows that tens of thousands of employers in the state who are required to have insurance to care for injured or killed workers do not have it.

Any company with three or more employees is required to have workers’ compensation insurance.

Besides the hearing schedule for May 22, the North Carolina Industrial Commission plans to have other special hearings on the issue. The Commission has contacted about 100 employees who did not receive reimbursement when injured because their company lacked the insurance and the worker could not afford to pay a lawyer to help them collect what they were owed.

In past years, the North Carolina Industrial Commission has been lax in enforcing the insurance rules to make employers pay up. The Commission, according to the News and Observer, has “done nothing to detect employers who go on without coverage and for years has done little to punish those who won’t cover a claim when a worker gets hurt.”

Now, with definite plans to advance the process, chairwoman of the commission Pamela Young said the group means what it says about requiring employers to insure workers against injuries on the job.

Workers’ compensation laws were passed in the 1930s to make certain that businesses and manufacturers take care of their injured workers.

Source: News and Observer

If you or someone you love is injured while on the job, you can seek help from the Raleigh personal injury lawyers at Kelly & West. Our attorneys represent injured persons and help them seek the full amount of compensation for their injuries.

Thousands of North Carolina Speeding Tickets Issued

Written by kwmlaw on April 13, 2012. Posted in Kelly & West News.

Almost 13,500 speeding drivers were caught and ticketed in one recent week, says the Governor’s Highway Safety Program. State and local police participated in the effort.

Extra patrols distributed over 39,000 traffic and criminal citations during Easter Week, according to Becky Wallace, program director.

Wake County earned the dubious honor of first place in the state for receiving 10 percent of the speeding tickets, totaling 1,300.Â Mecklenburg, Guilford, Onslow, and Forsyth counties were next on the list.

This year’s numbers surpassed last year, when almost 12,500 drivers were ticketed for speeding.

Traffic fatalities in North Carolina in 2011 totaled 428. Of those, a sobering 412 victims were not wearing seatbelts.

Source: Fox Charlotte

If you are among the thousands of North Carolina residents who have received a speeding ticket, you can seek legal help from a Raleigh traffic offense lawyer at the law firm of Kelly & West. To schedule a consultation, please contact our office today.

Durham, NC Three-Vehicle Crash Kills 76-Year-Old Driver

Written by kwmlaw on March 30, 2012. Posted in Kelly & West News.

Weldon Lewis Williams, 76, of Durham, was killed March 26 when a driver barreled through a red light at the intersection of Driver Street and Angier Avenue.

Williams died at Duke University Hospital, according to hospital spokeswoman Kammie Michael.

The driver of a 2012 black Ford Edge rental car fled the scene after slamming into a Suzuki going through the intersection east on Angier Avenue. The auto accident forced the Suzuki to collide with a Cadillac driven by Williams. The impact of the crash propelled the Cadillac into a building at the corner.

The driver of the Suzuki remained in critical condition. Police declined to release the driver’s name.

The driver who left the scene of the accident is described as a black man in his early 20’s, between five feet nine inches and six feet tall and weighing 145 to 160 pounds. He is being sought by police. The fleeing driver was said to have a light to medium complexion and wore his hair in dreadlocks.

Williams was a deacon at Pilgrim Baptist Church in Durham. The pastor of the church, Rev. Dennis Davis, thought that finding the hit-and-run driver would help the church congregation come to terms with his death.

“It won’t bring him back, but it will be a little bit of a consolation, as least to know that they didn’t get away scot-free, that they have been apprehended,” said Davis. “They are probably not aware of it, but they’ve taken a great man out of this world.”

Anyone with information is asked to call police at 919-560-4935, extension 29409, or Crime Stoppers at 919-683-1200.

Source: Wral.com

If someone you love was killed in a Raleigh, NC auto accident, you may be eligible to seek compensation for your loss. To learn more, contact a Raleigh auto accident lawyer at Kelly & West today.

Budget Rental Truck Driver Dies in NC Truck Crash

Written by kwmlaw on February 7, 2012. Posted in Kelly & West News.

A fatal truck accident occurred on Interstate 85 just after 5 a.m. Feb. 6, 2012. The accident involved a Budget Rental Truck and a tractor-trailer. The driver of the rental truck died in the crash, according to reports.

WCNC reports that the driver of the rental truck crashed into the tractor-trailer, which was broken down at the time of the accident. The collision occurred on Interstate 85 southbound near the Sam Wilson Road exit at the truck weight station.

The rental truck driver was identified as Larry James Grier, 59.

Source: WCNC

If someone you love is injured or killed in a North Carolina truck accident, contact the experienced personal injury lawyers at Kelly & West, Attorneys at Law for help. Kelly & West attorneys have experience handling truck accidents in Lillington, Moore County, Sampson, Cumberland, Lee County and Harnett County.

Wake County Deputy Hit During Traffic Stop

Written by kwmlaw on February 6, 2012. Posted in Kelly & West News.

A Wake County sheriff’s deputy was sent to the hospital Saturday night for minor pedestrian injuries after being struck by a van during a traffic stop. The accident occurred just after 8 p.m. Saturday night at Knightdale Boulevard and Acres of Space Boulevard.

According to reports, the van’s mirror clipped Deputy Jeff Martin during a vehicle stop. The driver of the van did not stop. Martin reportedly got back into his car after being hit and pulled the van over.

The driver of the van has been identified as Mahram Hezam Mohammed, 35. Mohammed faces criminal charges for failing to stop and for violating the “Move Over Law.”

The state of North Carolina passed the “Move Over Law” in 2002, requiring drivers to move one lane over on highways with multiple lanes or to slow down on two-lane roads when an emergency vehicle or utility company vehicle is on the side of the road with lights flashing.

Source: News Observer

If you or someone you love is injured in a North Carolina hit and run accident, you can seek legal help form the personal injury lawyers at Kelly & West. To schedule a free case review, contact us today.

Man Files Suit Against North Carolina-Based Truck Company

Written by kwmlaw on January 28, 2012. Posted in Kelly & West News.

A man is suing a North Carolina-based trucking company for injuries he allegedly suffered in an October 2011 truck accident.

According to the lawsuit, Kenneth Christiensen was hit by a tractor-trailer while traveling north on U.S. Highway 59 in Goliad County on Oct. 23, 2011. The lawsuit claims that driver of the tractor-trailer, James Alton Barbour, was traveling southbound when he crossed over the center lane and crashed into the vehicle Christiensen was driving.

Christiensen allegedly suffered head injuries in the collision. He is seeking compensation for his mental anguish, pain and suffering, and loss of earning capacity.

The lawsuit names Barbour as a defendant. Other defendants include Coastal Plains Enterprise and Carolina Pacific Logistics.

Source: Victoria Advocate

If you or someone you love has suffered serious head injuries as a result of another’s negligence, you deserve to be compensated for your suffering. To learn more, contact the North Carolina personal injury lawyers at Kelly & West today.