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 Whether you were injured in a car wreck, fighting over real estate, charged with a crime or in the midst of a messy divorce, you might ultimately find yourself in front of a judge who has the power to decide important issues that could determine the outcome of your case. North Carolina is one of many states that select the judiciary by general election. The problem is many voters never have the opportunity to learn about the candidates or make an informed decision. The truth is Judges do not have the funding to campaign like other candidates and as a result their message never reaches the majority of voters. Obviously most lawyers follow the judicial elections much closer than the general public and usually have some insight into the candidate's qualifications. The Hull & Chandler Law Firm has taken a close look at the state wide judicial elections in North Carolina and has comprised a following list of candidates for support: NC Supreme Court Judge Robert C. "Bob" H

 Whether it be an auto accident, slip and fall, dog bite, medical malpractice or other type of injury claim, in North Carolina the Plaintiff's Attorney may not mention that the Defendant may have insurance policy covering the claim at trial. While the "real" defendant in most injury claims is an insurance company, the case caption will name the policy holder instead of the insurance company. Prior to trial, the Plaintiff's Attorney will deal almost exclusively with the insurance company of the Defendant in attempts to settle the case.  https://askcompetentlawyer.com/  Insurance adjusters, rather than the named Defendant, will be making decisions as to whether to go to trial or settle a valid injury claim. Despite the involvement of the insurance company pretrial, juries are often completely unaware of the presence of insurance. North Carolina G.S § 8C-1, Rule 411 states: "Evidence that a person was or was not insured against liability is not admissible upon the i

 The formula for Coca-Cola has long been considered the ultimate trade secret. While Coca-Cola could have chosen to patent the formula they use for their product, that protection would only have lasted twenty years and generic coke would currently be undercutting their product. Instead of using the patent process, Coca-Cola took the more difficult, but potentially longer lasting route in protecting their intellectual property by protecting the formula as a proprietary trade secret. A trade secret is defined in North Carolina, as business or technical information, including but not limited to a formula, pattern, program, device, compilation of information, method, technique, or process that: a. Derives independent actual or potential commercial value from not being known or readily ascertainable through independent development or reverse engineering by persons who can obtain economic value from its disclosure or use; and b. Is the subject of efforts that are reasonable under the circums

 This is the first entry in a four-part series giving educational information on House Bill 813 which is being debated this session on the North Carolina Senate floor. This article gives a short overview about what House Bill 813 is all about. Once a week over the next three weeks, a new entry will be posted about the bill discussing different aspects of its content. House Bill 813 is a proposed enactment that will transition North Carolina into a comparative fault jurisdiction, bringing us into the company of 46 other states who already have some form of comparative fault in place. The only other jurisdictions that currently operate under a contributory negligence regime are Virginia, Alabama, Maryland, and the District of Columbia. Comparative fault allocates responsibility among the parties liable in a case involving injury. This is different from our current system where it stands that if person is the slightest bit at fault in an accident (even 1%), he or she cannot recover any da

 The most important thing that people want to know about the new comparative fault law is whether it will drive up automobile insurance rates for drivers. North Carolina senators requested a reliable breakdown of the issues to determine the effect that implementing this new law would have on insurance premiums for the citizens of North Carolina. In response, the North Carolina Advocates for Justice hired an independent firm, Pinnacle Actuarial Resources, which specializes in analyzing the insurance industry to study other jurisdictions that have made the switch from contributory negligence to comparative fault. The study was done in the contiguous comparative negligence states of South Carolina and Tennessee. The data indicated that switching from contributory negligence to comparative fault did not result in any substantial increase in insurance rates.  https://askcompetentlawyer.com/  In fact, the study suggested that since those states switched to comparative fault, North Carolina a

 House Bill 813, like most pieces of legislation, has both proponents and opponents. Mainly, the proponents of the bill are those who are in the legal profession, due to the fact that comparative fault is a system more in line with justice since it allocates fault among those who are responsible. The opponents, being mainly the insurance companies take their position because, according to them, switching to a comparative negligence state would mean more pay-outs to claimants. Because there are two groups with opposite, but legitimate, goals, compromises have to be made to satisfy both groups. One compromise that the state legislature has made to insurance company lobbying is adopting a modified version of comparative fault where a plaintiff is barred from recovery if her fault exceeds a certain threshold. The North Carolina House of Representatives decided to adopt an amendment to House Bill 813 which states that where a party contributes equal to or greater than the combined responsib

 Many people often call our office unsure as to what their rights are after they have been let go from a job. Often people do not understand why they have been let go, and feel that because there was no specific reason for their discharge they have a case. Unfortunately this is untrue in North Carolina. North Carolina is what we call an "Employment-at-Will" state. The term "Employment-at-Will" means that unless there is a specific law protecting the employee, or if there is an employment contract, an employer may fire an employee for any reason or no reason at all.  https://askcompetentlawyer.com/covid-19-related-employment-litigation/  Under the law an employer may also treat an employee as they see fit. In addition, it is at the discretion of the employer as to whether the employee may or may not have access to their personal record. Although employers are given broad range to discharge employees and treat them as they see fit, there are certain protected categori

 It seems that House Bill 813 has lost its steam in the attempt to get it passed through the North Carolina Senate and will most likely not be enacted into law this session. This is reminiscent of last year when Representative Glazier introduced and got the bill passed in the House, only for it to fail in the Senate. Senator Pete Brunstetter, a Republican from Forsyth County, has tried to get the bill through the Senate this time around. He said that negotiations broke down among the interested parties, including lawyers, medical groups, the chamber of commerce and the insurance federation.  https://askcompetentlawyer.com/  A critical blow to the bill's support occurred when the North Carolina Advocates for Justice withdrew its endorsement of the bill in June. The Advocates for Justice were a major driving force behind getting the bill passed. Senator Brunstetter said that the legislation probably will be proposed when the General Assembly meets in 2011. So, for now, North Carolina

  North Carolina requires drivers to maintain a minimum of $30,000 of car insurance per person, and $60,000 per accident. Liability coverage does not cover injuries to the policy holder; rather it covers injuries caused by the policy owner. To obtain coverage that will cover you against injuries caused by another driver in a   motor vehicle accident , you need both Uninsured Motorist Coverage (UM) AND Under Insured Motorist Coverage (UIM). Unfortunately, the acronyms for each type of coverage are very similar and may cause confusion among North Carolina insurance consumers. Under Insured Motorist Coverage  (UIM) protects you if the at-fault driver does not have enough insurance coverage to pay your claim.  Uninsured Motorist Coverage  (UM) can be purchased to protect you if the at-fault driver has no insurance at all. A UM policy does not cover you if the at-fault driver has any liability insurance. The problem is that UM and UIM are sold separately on minimum limits insurance policies

  A bus accident involving multiple victims can present a variety of complications which are not at issue in smaller vehicular accidents. The sooner an experienced   personal injury  attorney is retained the better equip the   attorney  is to maximize the victims recovery. In cases involving commercial buses, critical evidence can be lost or overlooked with the passage of time. In addition, the insurance company for the commercial carrier often has their own attorney on scene before the investigation is even complete. The victims must act quickly to gather the evidence they will need to present a case and assure all their rights are protected from the early stages of the case. An example of this type of case occurred early Tuesday when a bus which originated from Charlotte, NC crashed on I-95 just north of Richmond on its way to New York City.  https://askcompetentlawyer.com/business-commercial-litigation/   The tragic incident, which killed four and injured over fifty others, is just

 It is important now more than ever to ensure that your insurance companies, from auto to medical, are treating you the way you are supposed to be treated.  https://askcompetentlawyer.com/  Under the law in North Carolina, an insurance company owes its policy holders a duty of good faith and fair dealing. Good faith is defined as the absence of the intent to defraud or to seek unconscionable advantage. Unfortunately many people are unaware of the standards their insurance carrier should be held to, and are often taken advantage of. If an insurance company violates their duty of good faith, their policy holder may file a lawsuit against them as a tort action as well as a breach of contract claim. It is extremely important to note the tort-contract distinction, because under contract law punitive damages are unavailable. However under a tort claim punitive damages are available, allowing the policy holder to recover an amount larger than the value of the policy. The Law Offices of Hull &

  As an attorney in Charlotte, NC, I counsel my clients daily about the advantages and disadvantages of taking a case to trial. This past week I had the opportunity to sit on the other side, as I was the Plaintiff in an action to recover my medical expenses from an accident that occurred in 2008 that was not my fault. After two days of sitting in the other chair, I believe I have learned so much more than I ever could have by just trying a case. In the early stages of any case, I always inform my clients of how long the litigation process actually is. Most people do not realize that from the time of filing a lawsuit, it could be anywhere from a year to eighteen months, or more, before we see the inside of a courtroom. Therefore, I always try to make it clear that if it is possible, settlement is the best option. However, sometimes settlement is impossible and a lawsuit must be filed. Even after filing a lawsuit, the Court supplies the parties many opportunities to settle their case. De

  As technology improves, motorcycles like other motor vehicles are becoming safer to operate. One of the most dramatic improvements in motorcycle safety concern upgrades in the braking systems. The changes started with BMW and other European manufactures who started implementing anti-lock braking systems (ABS) in 1989. By 2000, most if not all Japanese manufacturers began offering ABS. In 2008 Harley-Davidson started offering ABS. A study by the Insurance Institute of Highway Safety (IIHS) was released in 2008 which supported the effectiveness of ABS in preventing motorcycle crashes and preventing fatalities as a result of motorcycle crashes. The study by the IIHS begs the question, if motorcycles are safer, why are more injuries being reported? There are several factors which have resulted in more injuries. First, there are more motorcycles on the road than ever before. Motorcycle use is no longer limited to men under the age of 40. More than ever, women are taking to the road and ma

  The North Carolina Senate recently approved a sweeping overhaul to the state's medical malpractice laws. Senate Bill 33 would limit certain monetary damages for patients who have been injured due to medical malpractice. Under the new law, the standard of malpractice for emergency room doctors would change from ordinary negligence to gross negligence. Proponents of the bill say that these changes are necessary as emergency medicine is a riskier specialty than other areas of practice. https://askcompetentlawyer.com/medicare-medicaid-fraud/  However, opponents of the bill argue that by changing the standard to gross negligence, it makes it almost impossible for an emergency room doctor to be liable for their mistakes as it requires willful misconduct. Another controversial provision of Senate Bill 33 places a cap of Five Hundred Thousand Dollars ($500,000.00) for non-economic damages. This does not include medical bills or lost earnings as a result of the medical malpractice. Suppor

 Since 2002, estate planning attorneys have been discussing the estate tax repeal, the phase out through 2010 and the "sunset" provisions that would bring back the old tax laws in 2011. In most all conversations it was considered unthinkable that Congress would not fix the estate tax laws to match the system that was in place during the repeal period with a unified tax credit of $3,500,000.00 t0 $5,000,000.00. In fact it was unthinkable that the laws would not be revised before 2010 due to the accounting nightmare that results from a single year with a vastly different tax system. At the time of this blog post, Congress has two months left to fix this issue. For some background, the Economic Growth and Tax Relief Reconciliation Act of 2001 ("EGTRRA"), phased out the estate tax with the goal of repeal in 2010. The phase out was implemented by dropping the tax rate (reducing the top rate from 55% to 45%) and increasing the unified credit from 2002 through 2009 (from $

  They are cute, cuddly and part of the family; but what happens to your pet after you pass? Unfortunately, you are not allowed to leave items to your pet in a   will in North Carolina , so how do you ensure your pet is taken care of? To many, pets feel more like a child than an animal who provides comfort through difficult times and can feel closer to a person than their own family and friends. So, it is very common for people to ensure that proper measures are in place for their pet to be taken care of after they pass. Unfortunately, in North Carolina, any testamentary gift you leave for a pet will automatically be deemed void by the Court. However, this does not mean there are no options to provide for your pets after death. There are several steps you can take to guarantee your pet is well taken care of when you no longer can, and our estate attorneys can assist with the preparations You can choose who will care for your pet after your death Generally, if there are no legal instruc

  A person is faced with many decisions when they decide to start their own business. One of the first and most important decisions that must be made is what type of business structure to go with. There are many variables that go into deciding which structure would be more beneficial. Today we are going to look at the difference between a C-Corporation versus an S-Corporation. The C-Corp is considered the standard corporation, while the S-Corp has elected special tax status by the IRS. However, the special status under the S-Corp is not automatic. One must elect to become an S-Corp, and must do so by filing Form 2554 with the IRS. One of the major differences between these two structures is the way that they are taxed. A C-Corp is considered a separate entity, therefore requiring that they file a separate corporate tax return as well as pay taxes at the corporate level. In addition, a C-Corp also faces double taxation as the corporation is taxed on its income, and then the shareholders

  Lawyers, Inezmarie K. Docar and I. Timothy Zarsadias, with Hull & Chandler, P.A. settled an automobile accident case for $175,000.00. The client in this case was a stone mason who was hired to work on a local North Carolina construction project. While he was working, he left the construction site to pick up materials and was hit by a dump. Our client sustained debilitating injuries as a cause of the accident. He suffered a traumatic brain injury, and has been given a permanent partial disability rating due to the extensive nature of his injuries. In addition, he suffered injuries to his neck and spine which have caused him to have daily chronic pain. The driver of the dump truck claimed that he had a yellow light when he proceeded into the intersection, but our client vehemently disagreed, as he stated that he had the green light when he was struck. Due to the fact that there were no witnesses to the accident, it was just one driver's word versus the other, making it extremel