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If you are involved in personal injury litigation, it is important to understand the rights of your insurers to claim a portion of any settlement you recover. In North Carolina, privately-funded health insurance policies are barred from seeking reimbursement from a personal injury settlement. Said differently, private health insurers cannot seek reimbursement for payments made […]
Federal law creates a minefield for individuals and businesses attempting to collect debts. The primary source that regulates creditor conduct is the Fair Debt Collection Practices Act (FDCPA), a federal statute that purports to protect consumers by forbidding abusive debt collection practices. When construed in tandem with a creditor’s right to pursue collection of valid […]
On April 6, 2018, the North Carolina Supreme Court, by unanimous decision written by Chief Justice Martin, reversed the N.C. Court of Appeals. (See addendum below for summary of Supreme Court opinion.) In City of Asheville v. Frost, (COA16-577, filed May 2, 2017), the North Carolina Court of Appeals wrestles with an ambiguous law […]
DWI Cases – Unique Cases Personal injury and wrongful death cases that involve drunk driving (driving while impaired) are a unique subcategory of personal injury/wrongful death cases. Drunk drivers do not enjoy certain protections under the civil laws that law-abiding citizens enjoy. For example, in the typical tort case, the victim may only recover compensatory […]
Navigating the healing and treatment process after a personal injury is difficult enough, but understanding the legal realities affecting your right to recovery can seem impossible. A skilled attorney can apply the law to the facts of your particular case. However, even a basic understanding of negligence law can allow you to feel more comfortable […]
According to the conventional wisdom, any statement made to an attorney is protected from all forms of disclosure. However, this is not the case. The so-called attorney-client privilege applies in a fairly narrow set of circumstances. Knowing what the attorney-client privilege does and does not encompass is critical to success in litigation, as the decision […]
The North Carolina Court of Appeals recently issued an opinion that draws a notable distinction between medical malpractice claims and traditional negligence actions. The distinction is noteworthy in part because of the heightened pleading standards required for medical malpractice actions. Rule 9(j) of the North Carolina Rules of Civil Procedure requires that medical malpractice claims […]
As lawyers, our natural instinct is to solve problems. Resolve disputes. Find what is broken in the law and society and drive positive change. We identify needs, and we address them. In a powerful way, the driving forces behind the Raleigh nonprofit Note in the Pocket are doing all of this and more. The need […]
Our own Alexandra Davis penned a blog for Lawyers Mutual aimed at helping law students survive and thrive in their third and final year of law school. http://www.lawyersmutualnc.com/blog/surviving-3l-year-top-10-tips-to-stay-motivated-and-avoid-burnout
