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Video Gallery

Please click on the video below that best suits your legal needs to learn more.

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Why You Need a Will in North Carolina
Creating a Will means setting aside some time and money, which is why many people skip it. They also assume they can do it later. But here's why you need to start now.
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How a Lawyer Can Save You Money After a Speeding Ticket
You may think it's easier to pay the speeding ticket, but in some cases, doing so will cost you more in the long run.
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How to File a Workers' Compensation Claim
If you're hurt at work, you may not know what to do. Here are the first steps to take if you need to file a workers' compensation claim.
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5 Ways to Make Buying a Home Easier
Buying a home is challenging. Our real estate attorney offers these five tips for making the process (a little) more smooth.
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How K&W Can Help with a DWI
We know getting a DWI is scary, but we can help.
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What is Wrongful Death?
Death is an unfortunate part of life. But when one person’s intentional act or negligent actions result in the death of another, a wrongful death has occurred.
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What is Personal Injury?
In order to have a valid personal injury claim, you must first have suffered an injury to your body. Second, your injury must be the result of someone else’s fault.
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Nursing Home Abuse
Nursing home abuse can take many forms, and it’s often challenging for family members to see the signs. Here is what you can watch for when visiting your loved ones.
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3 Things to Know about Handling an Estate
Managing someone's estate is a challenge. Here are some tips and things to know.
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Automobile Accidents
If you were injured in a car accident learn more about how we can help in this video.
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Accidents Involving Alcohol
Were you injured in an accident where the other driver had been drinking? Learn how we can help in this video.
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Auto Insurance – How it Works
Need to learn more about how car insurance works? This video helps outline it.
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Auto Insurance – How Much to Buy
Not sure how much car insurance you need? This video can help you learn more.
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Medical Payments Coverage
Do you have enough medical coverage? Not sure? Learn more with this video.
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Workers' Compensation
Have you been injured on the job? We can help protect you. Watch the video above to learn how.
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Speeding
In too much of a rush and got caught speeding? We can help negotiate a favorable outcome without you having to even go to court.
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Real Estate
Are you buying or selling your house or building? We can help you avoid pitfalls and make sure all the legal documents are in order.
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Probate
If you’ve recently lost a loved one and are not sure where to begin in administering his or her estate we can help. Learn how in this video.
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Wills
Do you have a Will? If you die without a Will, the state decides how to split up your assets and who is the best person to take your kids. Watch the video to see how we can help.
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Revocable Living Trusts
As we make plans throughout life, it’s important to make a plan for the future of your family as well. A trust is a private way to make sure your assets are administered according to your wishes after your death.
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Living Wills
Do you know your loved one’s wishes about medical treatments that prolong life? A living will is a document that outlines your wishes about medical treatment. Learn more in this video.
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Power of Attorney
If you can’t make decisions for yourself, who do you trust to do so? Giving someone the power of attorney so they can handle medical and legal for you is very important. Learn why in this video.
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Closings
Whether you are buying or selling, it’s important to have an attorney you can trust explaining the house closing process before you add your signature to the paperwork.
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Deeds
Property deeds are documents that legally transfer the ownership of a property from one person to another. Learn more about the different types and how we can help.
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Title Searches
Know what you're paying for — and what you're getting into before you buy the property. Watch the video to learn more about title searches.
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Estate Planning
There is more than just a Will to prepare. Learn how Kelly and West can help you prepare — and save money.
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Elder Law
This type of planning includes documents for your estate, but also specific other documents such as care agreements and special types of deeds. Elder law also includes reviewing military history to see if a loved one may be eligible for VA benefits.
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Slips, Trips, and Falls
Your accident might have a cause. Talk to the attorneys at Kelly and West to find out if you have a case.
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Pedestrian Accidents
Getting hit by a car is terrifying. Talk to Kelly and West to find out what you can do to make sure your medical care is covered.
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Infant Brain Damage
If a health care professional is at fault for your baby's injury, you may be entitled to financial help to pay for your child's future medical care.
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Hit and Run
Hit and run? The team at Kelly and West can help make sure your case is investigated properly and that the medical and car repair costs covered.
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Defective Products
Injured or affected by a consumer product? As a consumer, you have the right to recover from injuries due to product defects without having to prove the maker or seller was at fault.
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Nusring Home Injuries
When you put yourself or your loved one in the care of a nursing home, you are putting a great deal of trust in them. If your loved one falls or is otherwise injured while in a nursing home, contact a personal injury attorney immediately.
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Negligence
If your injury is due to someone else’s negligent behavior — and could not have been prevented by you — it might be a case of negligence. A negligent act is not an intentional act, it is just a careless act that could have been prevented using reasonable care.
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Dog Bites
Your neighbor’s dog may seem friendly. But the wrong dog and the wrong moment might leave you with a serious dog bite injury.
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Medical Malpractice
Have you been injured or suffered longer than necessary because of an error at the doctor’s office or hospital? In the U.S., more than 195,000 people die each year because of medical errors.

    What Our Clients

    Have Said...

    What You Should Know About Bad Faith InsuranceYour 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.