What To Do if You Were Injured in a Car Accident as a Passenger

Passengers can suffer significant injuries in car accidents and may have a right to seek compensation for their losses. This includes seeking compensation from whoever caused the wreck, be it the driver of the other car or the driver of the car in which the passenger was riding if that driver was at fault.

Our Raleigh car accident attorneys at Younce, Vtipil, Baznik & Banks, P.A. stand ready to help you put your life back together if you have been badly injured as a passenger. We can handle the legal issues – from determining fault to demanding compensation for you – so you can focus on your recovery.

If the driver of the car you were in was at fault, you should not hesitate to file an injury claim because of your relationship with a driver who is a friend or co-worker. Your driver will not pay the claim out of their pocket, their liability insurance must pay the claim. If their insurance premiums increase, it will be because they caused an wreck, not because you filed a claim.

Steps To Take If You Were an Injured Passenger in a Car Accident

As a passenger in a car crash, you can protect your rights by:

• Ensuring police are called to the scene. The police report is the first official documentation of what happened. Police will also record insurance information for each of the cars involved. Get a copy of the police report as soon as possible. While the police officer’s determination of fault is not binding on the insurance companies, it is very persuasive. Most of the time the insurance company will go along with the police officer’s determination.
• Getting medical care. A doctor’s diagnosis identifies the injuries you suffered in the accident. The medical records produced by the doctors and therapists are the main way your attorney can prove your pain and suffering. Be sure to follow all doctors’ orders. Be sure to file all medical bills with your health insurance, if you have it.
• Documenting the accident. If you are able, take photos of the accident – the vehicles, their damage, your injuries, other people involved, and anything that may have caused the crash. Save anything connected to the accident in the days and weeks ahead – bills, receipts, correspondence, and reports. Keep a written journal of your medical recovery, including progress and setbacks.
• Being careful with the insurance company. Don’t let an insurance adjuster trick you into downplaying your injuries or suggesting that you were at fault for your injuries. Do not give a recorded statement to an insurance company until you have consulted with an attorney. If an insurance adjuster offers a settlement, you should have a personal injury attorney review it. If you have hired a lawyer, refer all insurance inquiries to your attorney. In the large majority of cases, you should not even consider negotiating your personal injury claim until you have finished getting medical care and therapy.

How Does Insurance Coverage Work for Injured Passengers in North Carolina?

By law in North Carolina, any driver in an accident should have auto liability insurance. This is coverage that compensates people who the policyholder has injured.

In North Carolina the minimum liability coverage required to drive a car is $30,000 for bodily injuries per person or, if more than two people were injured, a total of $60,000 per accident. Liability insurance also has a property damage component for the vehicle damage.

Liability insurance policies sold in North Carolina also provide uninsured motorist coverage (UM). This coverage pays if an individual is injured by a driver who does not have car insurance. The limits of UM coverage are equal to the car owner’s liability coverage unless the car owner opts to buy additional coverage.

A car owner buying auto insurance in North Carolina will be offered underinsured motorist coverage (UIM). This provides coverage if the at-fault driver’s liability insurance isn’t enough to cover injuries suffered in a crash.

If the passenger owns a car that has UM or UIM, and the car in which they are a passenger either does not have insurance or does not have enough insurance to pay the full value of their claim, the passenger’s own car insurance will take over. These situations are complicated and require a detailed discussion with your attorney.

If the driver who caused the accident was in another car, you are covered by their liability insurance and, if necessary, the UM and/or UIM coverage of the driver of the car you were in.

If the driver of the vehicle you were riding in was at fault, you are covered by their liability insurance. If the at-fault driver is uninsured, you may turn to your own uninsured motorist coverage, or the UM or UIM policy of a family member you are financially dependent on.

Is a Passenger Ever at Fault?

You wouldn’t expect that a passenger – a person who rides in a vehicle but does not bear any responsibility for the operation of the vehicle – would be responsible for a car accident. But an insurer might deny liability for a passenger’s injuries if they:

• Seized control of the vehicle, such as by grabbing the steering wheel or pressing the accelerator
• Physically obstructed the driver, such as by covering their eyes
• Distracted the driver
• Rode with a driver who they knew was impaired by drugs, alcohol, or fatigue
• Rode with a driver during inclement weather and/or a state of emergency banning unnecessary travel
• Rode with a driver who was driving recklessly and do not adamantly protest and demand that the driver slow down and drive safely
• Rode with a driver whom they knew was not competent to drive, such as by not having a valid driver’s license

These are important considerations because North Carolina personal injury law operates under a doctrine of pure contributory negligence. Individuals seeking compensation for injuries in North Carolina are not eligible if they contributed in any way to the wreck that caused their injuries.

Insurers could certainly argue that placing yourself in a situation that a reasonable person would recognize as dangerous – such as by riding with an intoxicated driver or engaging in dangerous play such as seizing the wheel was negligence.

The insurance company would have to prove you were negligent, and that your negligence contributed to not just the accident, but your injuries as well. As your attorneys, we would work to minimize the impact of any evidence introduced of your negligence.

Contact Our Raleigh Car Accident Lawyers

You have rights if you were injured in an accident while a passenger in someone else’s car. It costs you nothing to discuss a potential car accident claim with an experienced legal professional. An attorney at Younce, Vtipil, Baznik & Banks, P.A. in Raleigh, NC can review the facts of your accident and discuss your legal options. If we handle your claim, we will deal with the insurers on your behalf and seek the full compensation you need. We are paid only when you receive a settlement or verdict.

Fill out our simple online contact form or give us a call at 919-661-9000 to get free legal advice today.

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How Much Money Can You Seek For Pain And Suffering?

An injured person may demand compensation for their pain and suffering as part of seeking compensation for accident-related losses. Pain and suffering damages reimburse you for the physical discomfort and emotional distress you have endured because of someone else’s negligence.

The question is how much money for pain and suffering is correct in a specific personal injury claim?

In North Carolina there is no fixed formula for placing a value on physical pain and mental suffering regardless of whether you are negotiating with an insurance adjuster or in a trial. At trial, a jury will be instructed to determine what is fair compensation by applying logic and common sense to the evidence. An exception to this is that North Carolina limits all pain and suffering damages awarded in a single medical malpractice case to a maximum of $500,000.

If Younce, Vtipil, Baznik & Banks, P.A. handles your North Carolina pain and suffering claim, we will pursue full compensation for your pain and suffering. We will take the time to understand how your injury has affected your life. Living with pain after a serious accident can limit your enjoyment of life and your future. We’ll present evidence showing the full extent of your losses.

How Is Pain and Suffering Compensation Calculated?

Liability insurance companies base their settlement offers in large part on what juries have awarded in the past when similar facts were presented in court. They keep large data bases on verdicts in all parts of the United States as well as in your local jurisdiction.

Typically, a jury’s pain and suffering calculation begins after calculating economic damages. This includes:

• Medical bills
• Lost income from lost work time
• Travel expenses for medical appointments
• Property damage, such as the cost to repair or replace a vehicle after a car accident
• Miscellaneous expenses attributed to the injury, such as help with house or yard work while recuperating.

When determining compensation for pain and suffering, some juries may base their awards on:

• A multiple of economic damages, often 1 to 5 times compensatory damages, depending on the severity of the injury.
• A per month payment based on the number of months between the accident and full medical recovery, often $1,000.00 per month, depending on the severity of the injury.
• If permanent injury is proven the jury might award pain and suffering for each day, month or year of your life expectancy.

Contact a Raleigh, NC, Personal Injury Attorney

With more than 100 years of experience, the attorneys at Younce, Vtipil, Baznik & Banks, P.A., have developed their practice as a client-oriented law firm that utilizes state-of-the-art case management tools to ensure that clients receive the best representation possible. Our experienced North Carolina personal injury lawyers are committed to providing you with excellent, timely, and compassionate legal service while seeking maximum compensation for your losses.

It costs you nothing to speak with an experienced Raleigh injury lawyer during a free initial consultation. Contact us at 919-661-9000 or online today to get started.

 

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Is a Spouse Entitled to a Workers’ Comp Settlement?

Suffering a severe or disabling injury can put an incredible strain on a marriage. The caretaker burden placed on a spouse and the diminished lifestyle can cause a couple to split up and divorce. What happens then to the proceeds from a workers’ compensation settlement obtained for a workplace injury or other compensation recovered for a personal injury? The uninjured spouse may seek a share of a workers’ comp settlement finalized before the couple separated.

A fight over money meant to sustain a seriously injured spouse can quickly turn a divorce into a heated and heart-wrenching experience. If you find yourself in such a situation, you need to speak with an attorney who understands North Carolina divorce law and can protect your interests during the process of equitable distribution.

Why Divorce Puts Your Workers’ Comp Settlement in Jeopardy

In a divorce, North Carolina law requires an equitable distribution between each party of the couple’s marital assets and divisible property.

• Marital assets are those obtained during the marriage.
• Divisible property refers to assets acquired from the date of separation through the date of your divorce trial.

Separate property is not part of the marital estate and is not subject to equitable distribution. Separate property includes any assets acquired by either spouse before the marriage began or as a gift or inheritance during the marriage.

When determining whether assets from a workers’ compensation settlement may need to be divided, what is crucial is when the injured spouse obtained the settlement and why exactly they were paid out. If a settlement was recovered after the couple married, it is likely subject to division and equitable distribution.

How Is a Workers’ Compensation Settlement Divided in a Divorce?

Workers’ compensation is insurance carried by employers to provide benefits to employees who have been injured on the job or become ill because of work conditions. The insurance benefits include:

• Payment of all medical bills related to the occupational injury or illness
• Replacement of about two-thirds of wages or income lost because of a disabling injury or illness or reduced earning capacity.
• Stipends for specific losses or disfigurement, such as the loss of a leg or facial scarring from burn injuries.

A workers’ compensation beneficiary who has been disabled may receive payment for years or may in some cases opt for a lump sum settlement.

The North Carolina Court of Appeals ruled in Freeman v. Freeman, 421 S.E. 2d 623, 107 N.C. App. 644 (1992) that what must be considered is what the workers’ compensation award or settlement is meant to pay for and when.

Does One Have to Share Workers’ Comp in a Marriage?

Under Freeman, benefits recovered during the marriage should be considered marital property, meaning the uninjured spouse may be entitled to a portion of that money. However, any part of a settlement acquired for medical expenses or other needs expected after the couple separated due to the spouse’s permanent disability would be the injured spouse’s separate property and not subject to division and distribution.

If your workers’ compensation claim was ongoing at the time of your separation, delaying a settlement may protect much of your benefit from designation as marital property. If you already had a settlement, you would need to designate to the satisfaction of the court what portions of the settlement were meant to replace past, current, or future losses. A knowledgeable family law attorney at Younce, Vtipil, Baznik & Banks, P.A., can help you understand how the process of equitable distribution as part of a divorce affects your workers’ compensation settlement or payments.

Let Our Divorce and Workers’ Comp Lawyers Help

Without proper legal counsel, it’s easy to overlook the financial impact of divorce and wind up with a separation agreement that proves costly for years to come. The attorneys of Younce, Vtipil, Baznik & Banks, P.A., in Raleigh know divorce law and workers’ compensation law in North Carolina. We can help you navigate this difficult time. Contact us today at 919-661-9000 or online.

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A Story of Child Abuse

When I wrote about a workers’ comp case recently and posted it, I got a lot of encouraging responses. Well, here goes again. I write this with the permission of my client’s family.

In late 2017 I was contacted by the father of a 2 ½-year-old girl who was hospitalized at Duke.  He was from Arkansas. His wife had run off with another man while he was in prison. The mother and her new boyfriend were both addicted to methamphetamines and kept the four children in extremely unstable living circumstances. Once when the mother came back from shopping and changed her daughter’s diaper, she found her backside covered in bruises. The boyfriend explained that he “didn’t mean to hit her that hard.”

Eventually, they gave the two older children to her mother to keep, the newborn baby to her brother and his wife to adopt, and took my two-year-old client to North Carolina to live with the boyfriend’s mom and the boyfriend’s mom’s boyfriend (confusing, huh?). Soon after they arrived in North Carolina, my client’s mother texted photos of bruises that looked suspiciously like belt marks on the back and facial bruises to her sister in Arkansas. This was after the boyfriend had babysat for the little girl while her mom was at work. The sister urgently and emphatically texted back to confront the boyfriend and/or get the child out of the house. The mother did confront the boyfriend but backed down when he denied hurting the child. My client’s mother and the boyfriend’s mother agreed that, given his bad temper, they would never leave the child alone with him again. However, within a couple of weeks, she was being left with him again. The boyfriend’s mom’s boyfriend offered to pay to take the toddler to the doctor, but the mother refused since both she and her boyfriend had outstanding arrest warrants in Arkansas and feared that the police would find out.

Other things happened that I won’t take the time to recount here, but suffice it to say that the boyfriend had a violent temper with women and children (anyone weaker than he). A few months later the boyfriend’s mom bought them a small house to live in rent-free. She also bought them both vehicles, knowing that neither of them had a driver’s license. By that point, even though they both had full-time jobs, they were spending so much money on their drug habit that, even without having to pay rent, they could barely keep food in the house. A couple of months later he put my client’s mother in the emergency room following one assault (5 staples in her head), and then the mother came home to find bruises on the little girl again.

The boyfriend’s mother and her boyfriend kept the toddler most weekends because my client’s mother and her boyfriend would be in no condition on the weekends during their drug binges to take care of a child.

On the fateful day while my client’s mother was at work, she left the girl with the boyfriend again. When she came home she found the 2.5-year-old girl unconscious on their bed wearing only a diaper. The boyfriend claimed that he was playing with her, chasing her around the bedroom when she ran into the dresser, was knocked unconscious, and had a seizure. He claimed that she had been unconscious for an hour or two! He didn’t call EMS because of his outstanding arrest warrants.

The mother picked the girl up, and the boyfriend dropped them off at the hospital. On the way, they concocted fake names and a fake story as to how she got hurt. The boyfriend drove home to clean up the evidence.

By the time they got her to the hospital, the child was almost dead.

This is a partial list of what WakeMed found:

• Large hematoma to the top of her head
• Large hematoma to the superior/posterior aspect of her head
• Pupils were reactively sluggish with an intermittent upward gaze
• Anterior chest wall bruises
• Posterior chest wall bruises around the mid-thoracic region
• Distended abdomen
• Left forearm bruises
• Actively seizing with intermittent posturing
• Her Glasgow Coma Scale score was 3 which is the worst
• Head CT scan showed cerebral edema with nondisplaced skull fracture
• Cholecystic fluid which may be secondary to her liver laceration
• Subacute rib fractures of the left 9^th and 10^th ribs
• Diffusely dilated bowel with no evidence of bowel injury
• Elevated liver function with elevated lipase consistent with blunt abdominal trauma
• Closed fracture of the skull
•  Liver laceration
•  Elevated pancreatic enzyme
• Retinal hemorrhage of both eyes
• Optic nerve edema
• Bradycardia
• Severe hypoxic ischemic encephalopathy, the worst of her medical problems. This means that her brain was deprived of blood and oxygen for an extended period of time causing severe brain injury.

It was immediately apparent to the doctors that she had been the victim of severe physical abuse. It was also clear that this was not just a one-off. Her rib fractures showed significant callous formation, an obvious sign of healing, and were at least 14 to 21 days old or maybe older. That meant that her other caregivers – the mother’s boyfriend and her boyfriend – had to have known of the prior abuse. You can’t take care of a two-year-old and not know she has rib fractures.

Even more tragic than the vicious beating was the fact that her brain injury would likely not have been nearly as severe if he had just called EMS immediately so her brain wasn’t deprived of blood and oxygen for so long.

When the boyfriend finally came to the hospital hours later, he claimed that the bruises on her back were from his efforts to perform CPR. The doctors responded that her abdominal and brain injuries were far, far worse than could have been done that way. She had been beaten savagely.

It didn’t take the police long to figure out that they had been given false names, and the boyfriend’s mother had taken part in that scheme. In addition to the usual interviews with everyone involved, neighbors and combing the crime scene, the investigation included hundreds of pages of text messages between the mother and her boyfriend.

It’s never made sense to me why law enforcement makes it so hard for private lawyers like me to get their investigative reports, but they do. When the little girl’s father first contacted me, the only information I had was what little the police and doctors had told him and a couple of short newspaper articles. Real estate searches gave me a little more information.  There was no way I was going to get the police file without filing suit first, and that presented an ethical question. Lawyers are always supposed to do a thorough investigation before filing a lawsuit, but the only way to really do a thorough investigation was to file suit in order to gain subpoena power. A subpoena for the police file was the only way to get it. Even then I had to take the additional step of getting a protective order. The whole process took months.

There was also the financial problem. Private lawyers like me who have to meet payroll, rent, tax, and other obligations can only take profitable cases if we want to stay in business and support our families. People who assault other people are usually judgment-proof, meaning that even if we get a verdict for $100 million, we’ll probably never collect a dime of it because the perpetrators rarely have sufficient assets to pay even a very small verdict. I explain it to my clients this way – bank presidents don’t usually go around assaulting people. For instance, the boyfriend’s mother in this case filed bankruptcy right in the middle of the case, so her assets would never be accessible to us. So private lawyers can rarely take an assault case. After talking it over with my partners, I justified the thousands of dollars it was going to cost us for litigation expenses and the hundreds of hours of my and my paralegal’s time by the potential good publicity the case might bring to us. Frankly, that little bit of publicity was never going to make up for what we were going to have to put into the case, but I couldn’t walk away from it.  That little girl was never going to speak or be able to feed herself again. She would never marry and have a family. Her father and later her siblings would always have to take care of her (if she was lucky and didn’t end up in an institution). Someone had to speak for her, even if the effort was mainly symbolic.

Thankfully, several months into the case I found out that the boyfriend’s mother had homeowners insurance on the house they were living in that had liability insurance of $300,000. The bad news was that the liability insurance policy was written in such a way that a claim that was based on an assault was excluded from the policy. I read the policy over and over. I read every case ever published by North Carolina courts about homeowner liability policies in the context of child abuse. I couldn’t find a case that matched our case in all pertinent aspects, but I felt that I had a colorable argument. In other words, I thought I had a fighting chance to get insurance coverage.

When I finally got the police investigation, I was both happy and unhappy to see that it was over a foot thick.  Happy because that meant that it was probably a thorough investigation. Unhappy because I saw 50 to 60 hours of work to read and outline it. I still had other cases to handle, so the process took weeks. The hardest part was the hundreds of pages of texts between two shallow, self-centered people. I had to read scores of pages of nauseating texts between two despicable people to every once in a while find relevant information that I could actually use. For anyone who thinks law school is their ticket to a life of glamor and riches, think again. Unless you really, really want to help people, it’s just not worth it.

Two years after I initially agreed to take the case we got to start taking depositions of the parties. In a deposition, the lawyers get to ask witnesses questions under oath (under penalty of perjury) with a court reporter present to record everything and make a word-for-word transcript to be used later in the litigation. Depositions are at the heart of what litigators do. We deposed the mother and the boyfriend from their jail cells. The boyfriend had pled guilty to felony attempted intentional child abuse and common law obstruction of justice. The mother pled guilty to felony negligent child abuse with serious physical injury. The boyfriend’s mother pled guilty to misdemeanor obstruction of justice but spent no time in jail. Not surprisingly, all four of them denied knowing anything about the child’s rib fractures.

The case against the boyfriend was obvious, but he was the one who was the least likely to be covered by liability insurance. Liability insurance almost never covers intentional acts. I knew from the start that finding him liable was going to be as easy as falling off a log, but it was very unlikely that I would ever get money for that poor little girl from him.

My effort was to walk the legal tightrope of finding the other three negligent for not protecting the child in such a way as to trigger the liability coverage. The insurance company’s lawyer filed a motion for summary judgment on a declaratory judgment action to find that they didn’t have coverage for the mother or her boyfriend. We lost. The judge declared that there was no coverage for the two of them. I didn’t appeal because I had been convinced along the way that they were right about that.

The case continued against the boyfriend’s mother and her boyfriend. Why?  North Carolina law states that “(a) Any person who has cause to suspect that any child is abused or neglected, shall report the case of that child to the director of the department of social services in the county where the child resides or is found. The report may be made orally, by telephone, or in writing.” I added the underlines. Every adult is required by law to notify the appropriate authorities (Child Protective Services) if they even suspect abuse or neglect.

I felt that we had proven that the two of them had lots of reasons to suspect that the child was being abused and was in danger from further abuse. Although there was substantial doubt on whether I would win on the issue of liability coverage for them, I put enough fear into the insurance company that they offered to pay over half of their policy limits to settle before trial. My client’s father, who was the decision maker, decided to play it safe and settle for that. A part of me still wishes that he had let me try the case, but in my heart, I think he did the right thing.

After all of that, the case still wasn’t over. Medicaid had spent hundreds of thousands of dollars in three different states providing care for the child. The law in each state is different as to how much we have to pay them out of a settlement or verdict. I came to terms with North Carolina and one of the other states within a few weeks, but it took almost exactly a year for us to finally get the third state to settle with us. They took far more than the other two states because their state law allowed them to do it. It left my client with even less of the settlement than I had hoped for, which was disappointing.

The good news is that the father has stepped up to the plate and is taking responsible care for his four children. I’ve talked on the phone and facetimed with them several times since they moved back to Arkansas. My client seems happy and well-cared for. The father has been sober and has had no more legal trouble since her injury. For the rest of her life, she will probably not be able to speak, feed herself, go to the bathroom by herself, or many other activities of daily living.  Her medical bills run into the hundreds of thousands of dollars.  She will continue to incur other bills for the rest of her life.

What is the point of this long story?  Yes, it’s tragic. Yes, people can be horrible. But this didn’t have to happen. If the adults into whose hands God placed that child had just acted with some courage and responsibility and called Child Protective Services, she would probably be a healthy, normal seven-year-old now. We’ve all heard stories about people who were turned over to CPS who shouldn’t have been, and their lives were ruined. I don’t know how many of those stories are actually true. This has taught me, however, to err on the side of protecting the child and trusting CPS to use some common sense.

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How Long Do I Have To File A Personal Injury Lawsuit?

Personal injury lawsuits in North Carolina are subject to a filing deadline that is known as the statute of limitations.

The statute of limitations sets a deadline after which parties in a dispute may no longer initiate legal proceedings. The length of time allowed under a statute of limitations varies depending upon the type of claim and the jurisdiction imposing the deadline.

Three Years to File Most Personal Injury Claims in North Carolina

In North Carolina, the statute of limitations for filing a lawsuit seeking compensation for personal injury is three years from the date of the injury in most cases. This is according to NC General Statute § 1-52.

The three-year statute of limitations on personal injury lawsuits applies to such accidents as:

• Car accidents
• Motorcycle accidents
• Truck accidents
• Slip and fall accidents
• Swimming pool accidents
• Dog bites

In cases involving medical malpractice, the statute of limitations in North Carolina is generally two years. However, in cases involving a foreign object left in a patient’s body that was discovered after the fact, the deadline may be extended.

If an injury was caused by a defective or unsafe condition to real property, the deadline for a lawsuit is 6 years from the defendant’s last act or failure to act that caused the injury (NC Gen Stat § 1-50).

A wrongful death lawsuit must be filed within two years of the date of death, according to NC Gen Stat § 1-53.

If an injury or death has been caused by a defective product, such as a defective medical device or defective drug, the deadline for a lawsuit is 12 years after the date of buying the product (NC Gen Stat § 1-46.1).

Begin Work on a Personal Injury Claim As Soon As Possible

There is a lot of work to be done before filing a personal injury or wrongful death lawsuit. Before filing a lawsuit, you must submit a claim to the insurance company of the party responsible for your injury. Then the insurer has time to consider the claim and respond.

An insurance company may offer a settlement. By negotiating with the insurer and providing new information or reiterating the importance of the evidence already submitted, a skilled personal injury attorney may convince the insurer to raise the settlement offer. But this takes time. In some cases, insurers deliberately prolong negotiations to try to run out the clock on the statute of limitations.

Before filing an insurance claim, you must complete the medical care you require, including rehabilitation. For a serious or complicated injury, this could take a year or more. At the same time, your attorneys must compile evidence to convince the insurer that their policyholder is financially liable for your injury. If the insurer disputes liability or refuses to agree to a reasonable settlement, your attorney will then file a lawsuit. It must be filed within the applicable statute of limitations.

Contact a Raleigh, NC, Personal Injury Attorney Today

You should contact a personal injury lawyer as soon as you can after being injured in an accident that was someone else’s fault. At Younce, Vtipil, Baznik & Banks, P.A., in Raleigh, N.C., an initial consultation is free. We investigate and pursue claims and do not charge a legal fee unless we recover compensation for you.

Don’t let the insurance company offer you less than you deserve and run out the clock on your claim. Get help today from NC attorneys with extensive experience in personal injury cases. Call us at 919-661-9000 or fill out our online contact form now.

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What Is a Guardian Ad Litem in North Carolina?

When a petition alleging abuse or neglect of an underage child is filed in a North Carolina district court, the child involved has legal rights. To ensure those rights are protected as the court makes decisions about temporary care and permanent custody of the child, the judge is required to appoint a volunteer guardian ad litem (GAL) and an attorney to provide representation for the child.

In highly contentious child custody cases, a family law judge may appoint a GAL to ensure that someone is looking after the child’s interests. In some cases, a judge may appoint a GAL because one of the parents requests the appointment or both parents agree that a GAL should be appointed.

A guardian ad litem is a trained community volunteer who investigates the circumstances of the child’s case, confers with other social services representatives working to help the child, and makes a written recommendation to the court as to what is best for the child.

As family law attorneys who handle child custody and domestic violence cases in North Carolina, we at Younce, Vtipil, Baznik & Banks work with volunteers in the North Carolina Guardian ad Litem program on a regular basis. If a guardian ad litem has been assigned to your child in a custody case, you may have questions about the role of this person. We explain the GAL program below.

What Does A Guardian Ad Litem Do In North Carolina?

The North Carolina General Assembly established the Office of Guardian ad Litem Services as a division of the North Carolina Administrative Office of the Courts in 1983. The law that established the program, N.C.G.S. 7B-601, gives the GAL standing to represent the juvenile in all legal action pertaining to the assigned case and authorizes the guardian ad litem to obtain any information or reports that the GAL believes may be relevant to the case.

A GAL is expected to:

• Investigate to determine the facts of the case, the needs of the juvenile, and the resources available to meet those needs. This includes getting to know the child and interviewing parents, caretakers, social workers, teachers, and other service providers.
• Collaborate with other participants in the case, including the GAL attorney.
• Recommend what is best for the child in written reports for the court.
• Offer evidence and explore options with the court at hearings.
• Keep the child informed about the case and court proceedings, ensure that the court knows the child’s wishes, and facilitate the child’s participation in court hearings as appropriate.
• Conduct follow-up investigations to ensure that the orders of the court are being properly executed.
• Report to the court when the needs of the juvenile are not being met.
• Protect and promote the best interests of the juvenile until formally relieved of the responsibility by the court.
• Keep all information confidential.

A guardian ad litem serves on a child’s case until a permanent plan is approved by the court and achieved for the child. 

Volunteer advocates are screened (including a criminal record check), and receive 30 hours of initial training. They are expected to attend at least six hours of in-service training yearly. All GAL advocates are trained, supervised, and supported by program staff.

The GAL program exists in every county in North Carolina and serves more than 18,000 children a year. According to the Administrative Office of the Courts, 5,443 volunteer advocates provided 522,528 hours of service to the GAL program in the 2019-20 fiscal year, including attendance at 64,070 child abuse and neglect hearings.

Guardian Ad Litem in Child Custody Cases

When child custody decisions go before a judge, this individual who has likely never met the parents or the child must decide what living arrangements will serve the best interests of the minor child. Some factors a judge may take into consideration include:

• The role each parent has previously played in taking care of the child.
• Each parent’s mental and physical condition and their ability to take care of the child.
• The time each parent has for the child and the living environment that each parent can create for the child.
• The status of the relationship between the parent and the child.

Children don’t often testify in court, though sometimes a judge will talk to a child who is old enough and mature enough to express their feelings.

By the time a case gets to court, a GAL has met with the parents and the child and come to know them. The GAL has also spoken to witnesses about the family’s lifestyle and the child’s demeanor, such as other family members, teachers, and coaches.

When a GAL makes their recommendations to the court, it carries weight because the judge knows the GAL is the one person whose sole duty it is to look after the best interests of the child. He or she has put in the time and effort necessary to understand the situation and come to a reasoned conclusion and recommendations.

A GAL shares their reports with the judge and attorneys for each spouse in a child custody case ahead of the final custody hearing. As your attorneys, we would promptly share this report with you. When appropriate, a GAL is expected to facilitate the settlement of disputes pertaining to an assigned case. Working with a GAL could be the path to settling some or all of your child custody issues outside of court. 

Contact Our North Carolina Child Custody Attorneys

The family law attorneys at Younce, Vtipil, Baznik & Banks understand how difficult child custody issues can be when you are going through separation and divorce. Our experienced family law lawyers are dedicated to providing compassionate representation for clients’ rights during this trying time. Contact us today to speak with a lawyer about your situation.

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North Carolina Statute of Limitations for Personal Injuries

You have a limited amount of time to file a lawsuit if you are injured by someone else’s carelessness or misconduct, and their insurance company refuses to compensate you for your medical bills and other losses. North Carolina’s statute of limitations for filing personal injury claims is generally three years from the date of injury. N.C.G.S§1-52.  If the claim is not settled or law suit filed in that time, the claim dies – forever!

Three years pass quickly when dealing with a complex injury claim. Before a lawsuit is filed, it is usually best for the injured individual to recover to the fullest extent possible to have a reasonable estimate of the medical expenses, lost income and pain and suffering involved. Before the law suit is filed personal injury attorney must investigate the injury to determine who is at fault, identify the applicable insurance companies, calculate the injured person’s losses, and then prepare an injury claim. It’s important to act quickly before valuable evidence deteriorates or is lost.

At Younce, Vtipil, Baznik & Banks, P.A., our attorneys have the experience and dedication your case deserves. If you have been injured because of someone else’s negligence, contact Younce, Vtipil, Baznik & Banks at 919-661-9000 or online for a free initial consultation.

In most personal injury cases in North Carolina, the statute of limitations allows three years from the date of the injury to file a lawsuit seeking compensation for your losses. This applies to:

• Slip and fall cases
• Car accident cases
• Medical malpractice cases

An exception to the time limit is made in malpractice cases in which a surgeon or surgical team mistakenly left a foreign object inside a patient. If the patient is unaware that the object has been left inside him/her, the malpractice statute of limitations can be extended. In that case, the  medical malpractice claim must be brought within a year of the discovery of the foreign object and no later than 10 years from the date of the surgery.

N.C. Statute of Limitations for Injured Juveniles

Another exception to North Carolina law allows a young person who has been unjustly injured while still a child three years after their 18^th birthday to file a personal injury claim. Under the wording of the applicable statute, N.C.G.S. §1-17, a young person and anyone who is “under a disability at the time” of injury may file a claim within three years “after the disability is removed.” Disability includes being “insane” or “incompetent” according to the legal definition.

In medical malpractice cases, an injured juvenile has until the age of 19 to file a claim if the three-year statute of limitations deadline is reached while they are not yet 18. Further, a plaintiff who suffered sexual abuse while under the age of 18 has until they are 28 years old or within two years of a criminal conviction for a related felony sexual offense to file a civil claim against the perpetrator, regardless of their age at the time of the assault.

Contact a Personal Injury Attorney Today

North Carolina’s time limit for filing a personal injury claim has many exceptions and is complicated to interpret. It’s important to consult a knowledgeable lawyer as soon as possible if you have sustained an injury in an accident. The North Carolina personal injury lawyers at Younce, Vtipil, Baznik & Banks, P.A. can explain your legal options and discuss how the statute of limitations applies to your situation. We offer a free consultation. Contact us now online or by phone at 919-661-9000.

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What to Know About the North Carolina Workers’ Compensation Statute of Limitations

Obtaining workers’ compensation insurance payments requires meeting several deadlines, including a 30-day deadline to notify your employer of a work-related injury or illness and a two-year statute of limitations on filing a claim. Missing a filing deadline can jeopardize your claim and cost you needed benefits as you recover from a workplace injury. One advantage of promptly contacting an experienced North Carolina workers’ compensation attorney after a workplace accident is that the attorney can keep track of the filing deadlines for pursuing a claim and start gathering evidence to support your claim.

Reporting The Injury to Your Employer

You should inform a supervisor or manager or company owner that you have experienced a work-related injury as soon as possible. You should give notice within 30 days from the date of the accident or the date of diagnosis of an occupational illness unless reasonable excuse is made to the satisfaction of the Industrial Commission, and the employer is not prejudiced by the delay. N.C.G.S. 97-22. You should provide the date, time, and a brief description of the workplace accident. The best way to give notice of an injury is with an Industrial Commission Form 18, which can be downloaded from the Industrial Commission’s website.  If you are disabled, you should have a family member or friend notify your employer in writing on your behalf. A copy should go to the Industrial Commission and a copy to your employer. As always, keep copies of all correspondence related to an insurance claim. If you have not filed your claim within 30, don’t despair. Call the workers’ compensation specialists at Younce, Vtipil, Baznik & Banks.  There are many exceptions to this rule.

What Is the Time Limit to File a Workers’ Compensation Claim in NC?

North Carolina law says the right to workers’ compensation shall be forever barred unless a claim is filed with the Industrial Commission within two years of the accident. N.C.G.S. 97-24. Most injured workers file their workers’ compensation claims well before the two-year deadline, but some injured workers think that the claim has been filed by someone else, such as the employer, and are shocked when they find out that the claim has not been filed and the statute of limitations is past. Some think that the employer filing a Form 19 is sufficient, but it is not. On the other hand, if the employer pays the employee compensation within two years of the accident, the case is not time-barred. Ashley v. Rent-A-Car Co., 1 N.C. App. 171, 173, 160 S.E.2d 521, 522 (1968).

Statute of Limitations for Occupational Diseases

In occupational disease cases, the two year statute of limitations begins to run from the later of the date the worker began to suffer disability and the date the worker was notified by competent medical authority of the nature and work related causes of his/her disease.  Dowdy v. Fieldcrest Mills, Inc., 308 N.C. 701, 304 S.E.2d 215 (1983). N.C. Gen. Stat. § 97-58(b) and (c). The triggering statement from the competent medical authority for the running of the two year filing limit must contain a concrete diagnosis of the occupational disease.  May v. Shuford Mills, Inc., 64 N.C. App. 276, 307 S.E.2d 372 (1983).

Contact Our N.C. Workers’ Compensation Lawyers Workers’ compensation is a complex program. Especially if you are facing a difficult recovery, you’ll rest easier if you have an experienced workers’ compensation attorney taking care of the filing deadlines and other requirements of your workers’ comp claim. At Younce, Vtipil, Baznik & Banks, P.A., Chip Younce, and David E. Vtipil are North Carolina StateBar Board Certified Specialists in Workers’ Compensation Law. Mr.Vtipil has also been named among the nation’s Top 100 Injured Workers’ Attorneys and has been included among The Best Lawyers in America in the field of Workers’ Compensation Law. It costs you nothing to discuss your case with an experienced North Carolina workers’ compensation attorney at Younce, Vtipil, Baznik & Banks. Call us now at 919-661-9000 or contact us online for a free claim review and advice about your legal options.

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Hit-and-Run Accident

If you have been involved in a car crash, the sight of a hit-and-run driver speeding off without stopping is sure to make you upset and frustrated. But the immediate aftermath of a hit-and-run accident is a time to keep your wits about you, particularly if anyone in your vehicle has been injured.

There are certain steps you should take if you’ve been hit by a hit-and-run driver. If you have significant injuries, you’ll find that having a knowledgeable car accident lawyer guide you through the claims process can ease your stress and uncertainty.

Here’s what to do after a hit-and-run accident:

Attempt To Identify the At-fault Driver

If by chance you saw the vehicle’s license plate number or even part of it, write it down or record it on your phone via text or voice as soon as you can. If you can describe the make, model, or color of the vehicle, you should record that, too.

You should not chase a hit-and-run driver or make any effort to physically detain a person trying to leave an accident scene. In most cases, having the license plate number is enough for police to locate the car owner.

Check Your Well Being and Others After a Car Accident

Assess whether you have been injured in the crash and, if so, how badly. Then check on the condition of others if you can. If anyone needs emergency medical attention, phone 911 and request an ambulance for each injured person.

If you need medical care, do as you are directed by EMTs or paramedics. If they suggest that you should go to the emergency room, allow them to transport you. If you do not go to the hospital from the accident scene, it is important to see a doctor within 24 hours of the crash for a medical evaluation.

Call Police to Report a Car Accident

When you phone 911 to report a car accident, the dispatcher will send the police. North Carolina law requires anyone in a car accident that causes injury to remain at the scene of the accident until police indicate that you may leave.

The Police will request your name, driver’s license, and insurance card, and will ask what happened. Cooperate with police and answer questions truthfully, but don’t say anything to cast blame upon yourself.

Document The Accident Scene

If you are able, take photos of your vehicle’s damage and any other damage caused by the accident. Take photos of your injuries and the injuries of any passengers in your vehicle.

If there were witnesses to the accident, get their contact information and write it down or record it on your phone.

Uninsured Motorist Claim Covers Losses Caused by a Hit and Run Driver

If the hit-and-run driver is not located, you will need to rely on your uninsured motorist insurance to pay a hit-and-run accident claim. The State of North Carolina requires vehicle owners to have uninsured/underinsured motorists (UM/UIM) coverage. Uninsured motorist insurance provides coverage for accidents caused by hit-and-run drivers.

The required minimum amounts of auto liability coverage are:

• $30,000 for bodily injury to one person
• $60,000 for bodily injury to two or more people
• $25,000 for property damage.

If the hit-and-run driver is identified, you would file a claim against the at-fault driver’s auto liability insurance – if the driver has insurance. If not, your uninsured motorist policy provides coverage.

Contact an Experienced Raleigh Hit-and-Run Accident Attorney

Let a hit-and-run accident attorney guide you through the claims process and handle your personal injury claim. At Younce, Vtipil, Baznik & Banks, P.A., our personal injury attorneys will work to recover every bit of compensation available by law. Contact us now online or at 919-661-9000 for a free initial consultation about your claim.

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Younce, Vtipil, Baznik & Banks, P.A. Announces Scholarship Contest

The law firm of Younce, Vtipil, Baznik & Banks, P.A. is pleased to announce its 2022 Scholarship Contest to help some deserving young people in North Carolina with college expenses.

The attorneys at the Raleigh, North Carolina firm understand the importance of attaining a college education and the impact that education can have in transforming lives. The firm is committed to giving back to the communities it serves and helping students.

The law firm will award scholarship prizes to two students selected as winners. The first-place winner will receive a $1,000 prize and the second-place winner will receive $500. Each recipient will receive a check from the law firm to be used for education expenses.

Younce, Vtipil, Baznik & Banks, P.A. is now accepting scholarship applications. To take part in the contest, scholarship applicants should submit an application package including an original 500-word essay on the following topic:

After the pandemic, address how society will have changed in regards to any of the following areas:

1. Social interactions
2. Healthcare
3. Technology
4. Education
5. You may choose any area or one of your own.

To be eligible to enter the scholarship contest, the applicant must be a North Carolina resident and a high school senior. Click for more information about entering the scholarship contest and to access the online application form. Don’t delay.

The deadline for submitting a scholarship contest application is April 15, 2022. The entries will be judged by a scholarship selection committee based on the originality and merit of the essays. The scholarship winners will be announced by May 15, 2022.

Click here to apply!

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Be Wary of Ambulance Chasing Case Runners

Recently, one of our partners was meeting with a client about an accident case when the client received a phone call. The unsolicited call was from a call center called “The Accident Resource Center” that was allegedly offering to help the client find medical care and legal representation. The client said it was the third call he had received that day with similar offers.

Such callers are known as case runners. They contact people who might be entitled to pursue personal injury claims with promises of quick cash settlements of their cases. This is an unethical and unlawful practice known by lawyers as “direct solicitation of legal service”, or by the rest of us as “ambulance chasing”. The quick payments, if they materialize, are generally far less than what could be recovered through a legitimate attorney.

On further investigation the partner determined that the call center was not even sending the accident victims to a lawyer who was licensed in North Carolina, so it was obvious that the lawyer would pressure the accident victim to accept unreasonably low offers to settle with the insurance company.

The accident and injury attorneys of Younce, Vtipil, Baznik & Banks, P.A., made a complaint to the North Carolina State Bar against the ambulance chasers who contacted our client. The North Carolina State Bar regulates the practice of law in North Carolina. We urge anyone who has been in an accident and is considering an injury claim to work with an established and reputable North Carolina law firm.

What Does Ambulance Chasing Mean?

Rule 7.3 of the North Carolina Rules of Professional Conduct forbids live in person or telephone contact by lawyers, or anyone working for the lawyer or in the lawyer’s behalf, to a potential client who has not invited the contact. If you tried to call the lawyer and the lawyer is just returning your call, that is not unethical. If the lawyer sends you a letter, text or email offering his/her services, that is not unethical. It is unethical and unlawful for the lawyer, or his/her “runner” to visit you in person, call you by telephone or attempt to Facetime with you without you or a family member having contacted him/her first.

Once they target an accident victim, a case runner will hound the injured person with phone calls, email, texts, or in-person visits and make offers of cash and services.

After the runner gets the accident victim to engage their lawyer, the victim may then be pressured to go to a doctor who also works with the runner. Call runners are paid referral fees by the attorney who uses them to generate cases.

These lawyers pressure their clients to accept unreasonably low insurance settlements. It is wrong when the lawyer knows the settlement is far too low for the value of the case. It is wrong when the lawyer is working only to get a quick settlement, take a cut and move on to the next victim.

Ambulance Chasing is Unethical

The American Bar Association’s rules of conduct say a lawyer shall not communicate about the subject of legal representation with a person represented by another lawyer unless the lawyer has the consent of the other lawyer or is authorized to do so by law or court order. The rule applies even if the represented person initiates the communication. A lawyer must immediately terminate communication with a person if, after commencing communication, the lawyer learns communication with them is not permitted by this rule.

How To Choose A Lawyer For Your Case

The North Carolina State Bar does not recommend lawyers, but it provides several resources to help you find a lawyer. It says the best resource is a personal recommendation from a friend or family member that you trust.

The N.C. State Bar also says the lawyer you hire should have:

• An active North Carolina law license
• Experience and knowledge in the practice area
• A good record with the North Carolina State Bar. Check a lawyer’s disciplinary record by searching the Disciplinary Order database or by calling the State Bar at 919-828-4620
• Malpractice Insurance
• A good reputation in the community
• Personality or temperament compatible with yours
• Clear information about how you will be charged for the lawyer’s services, the services of paralegals, and for other case expenses, such as obtaining medical records and filing fees

Contact Our North Carolina Personal Injury Lawyers

At Younce, Vtipil, Baznik & Banks, P.A., our injury attorneys are available to review the details of your accident in the Raleigh area and discuss your legal options. Our legal team provides hands-on care and personal attention to our clients. Our personal injury attorneys handle a variety of claims, including car accidents, truck accidents, motorcycle crashes, on-the-job injuries, Social Security disability claims, wrongful death cases, harmful drug injuries, slip-and-fall injuries, and product liability claims.

Younce, Vtipil, Baznik & Banks, P.A., is a highly respected law firm dedicated to providing outstanding legal help to individuals and families. We have the resources, experience, and knowledge to take on some of the largest corporations in America – and win.

We offer a free, no-obligation initial consultation for personal injury cases and do not charge a legal fee unless we recover compensation for you. We have staff members who are fluent in Spanish. Call us today at 919-661-9000 or reach out online.

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Social Security Benefits and Divorce

A recent New York Times “Retiring” column about how much Social Security money older Americans fail to collect referred to “poorly understood benefits for divorced people and survivors.” Many older adults who have been divorced are unaware that they may still be eligible for Social Security spousal benefits based on a former wife’s or husband’s earnings record.

If you are divorced, in your 60s or older, and don’t have good Social Security benefits of your own, you should explore whether you are eligible to claim a Social Security benefit based on your former spouse’s earnings. There may be an advantage to doing so.

The family law lawyers of Younce, Vtipil, Baznik & Banks, P.A. in Raleigh can determine whether additional spousal benefits are available to you and help you obtain the benefits you are due. Contact us at (919) 661-9000.

Who Is Eligible for Social Security Divorced Spouse Benefits?

Social Security Divorced Spouse Benefits are paid to divorced spouses of workers who are eligible to receive Social Security benefits. There are certain criteria to qualify, of course.

To be eligible for this benefit, you must:

• Be at least 62 years old and unmarried
• Be divorced from a person who receives Social Security retirement or disability benefits
• Have been married to that person for at least 10 years before the divorce became final
• Not be entitled to an equal or higher Social Security benefit based on your own employment record.

You can apply for Social Security benefits based on your ex-spouse’s record, even if he or she hasn’t retired, as long as you have been divorced for at least two years. If your ex is receiving Social Security and all of the above is true for you, you are eligible today.

The amount of Social Security benefits you receive does not affect the benefits of your ex-spouse or their current spouse.

If you are the divorced spouse of a worker who has died, you may be eligible for benefits as a surviving widow or widower, provided that your marriage lasted 10 years or more. If you remarry after age 60 (age 50 if you have a disability), the remarriage will not affect your eligibility for survivor’s benefits.

What Information Do I Need to Apply for Divorced Spouse Benefit?

If you qualify for Divorced Spouse Benefits, you can apply when you are at least 61 years and 9 months old. You can apply online or at 1-800-772-1213.

Documents you’ll need to show that you are eligible include:

• Birth certificate or another record of birth
• Proof of U.S. citizenship or lawful alien status if you were not born in the United States
• U.S. military discharge papers if you served before 1968
• W-2 forms and/or self-employment tax returns for last year
• Final divorce decree
• Marriage certificate.

You should also have your checkbook or other papers that show your account number at a bank, credit union, or other financial institution to sign up for direct deposit of your benefits.

Contact a Raleigh Divorce Lawyer for Social Security Help

Don’t leave money on the table if you qualify for higher Social Security benefits based on your ex-spouse’s employment record. Please contact Younce, Vtipil, Baznik & Banks, P.A. for assistance about how to proceed. We welcome the opportunity to discuss your situation and the potential benefits you may receive in greater detail. To schedule a consultation, call us at (919) 661-9000 today.

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Be Wary of Case Runners Trying To Poach Cases

Recently, one of our partners was meeting with a client about an accident case when the client received a phone call. The call was from a legal assistance call center, which was offering to help the client find medical care. The client said it was the third call he had received that day with similar offers.

Such callers are known as case runners. They contact people who are pursuing personal injury claims to lure them away from their attorneys with promises of quick cash settlements of their cases. This is an unethical practice known as poaching cases. The quick payments, if they materialize, are generally far less than what could be recovered through a legitimate personal injury claim.

The accident and injury attorneys of Younce, Vtipil, Baznik & Banks, P.A., are pursuing a complaint against the poachers who contacted our client. We are making the complaint through the North Carolina State Bar, which regulates the practice of law in North Carolina. We urge anyone who has been in an accident and is considering an injury claim to work with an established and reputable North Carolina law firm. 

What Does Poaching a Case Mean?

Case runners are not lawyers. They typically are people hired by unethical attorneys to contact accident victims and pressure them to hire the attorney they work for. If the accident victim already has an attorney, they will try to poach the client by promising a better outcome to their case.

Runners work by listening to police scanners and reviewing police reports filed after accidents, which are public records. They may contact victims at an accident scene or at the hospital and move quickly to take over what happens to the dazed and uncertain injured accident victim.

Once they target an accident victim, a case runner will hound the injured person with phone calls, email, texts, or in-person visits and make offers of cash and services.

After the runner gets the accident victim to engage their lawyer, the victim may then be pressured to go to a doctor who also works with the runner. Call runners are paid referral fees by the attorney who uses them to generate cases. 

These lawyers pressure their clients to accept unreasonably low insurance settlements. It is wrong when the lawyer knows the settlement is far too low for the value of the case. It is wrong when the lawyer is working only to get a quick settlement, take a cut and move on to the next victim.

Poaching Legal Clients is Unethical

The American Bar Association’s rules of conduct say a lawyer shall not communicate about the subject of legal representation with a person represented by another lawyer unless the lawyer has the consent of the other lawyer or is authorized to do so by law or court order. The rule applies even if the represented person initiates the communication. A lawyer must immediately terminate communication with a person if, after commencing communication, the lawyer learns communication with them is not permitted by this rule.

How To Choose A Lawyer For Your Case

The North Carolina State Bar does not recommend lawyers, but it provides several resources to help you find a lawyer. It says the best resource is a personal recommendation from a friend or family member that you trust.

The N.C. State Bar also says the lawyer you hire should have:

• An active North Carolina law license
• Experience and knowledge in the practice area
• A good record with the North Carolina State Bar. Check a lawyer’s disciplinary record by searching the Disciplinary Order database or by calling the State Bar at 919-828-4620
• Malpractice Insurance
• A good reputation in the community
• Personality or temperament compatible with yours
• Clear information about how you will be charged for the lawyer’s services, the services of paralegals, and for other case expenses, such as obtaining medical records and filing fees

Contact Our Raleigh Personal Injury Lawyers

At Younce, Vtipil, Baznik & Banks, P.A., our injury attorneys are available to review the details of your accident in the Raleigh area and discuss your legal options. Our legal team provides hands-on care and personal attention to our clients. Our personal injury attorneys handle a variety of claims, including car accidents, truck accidents, motorcycle crashes, on-the-job injuries, Social Security disability claims, wrongful death cases, harmful drug injuries, slip-and-fall injuries, and product liability claims.

Younce, Vtipil, Baznik & Banks, P.A., is a highly respected law firm dedicated to providing outstanding legal help to individuals and families. We have the resources, experience, and knowledge to take on some of the largest corporations in America – and win.

We offer a free, no-obligation initial consultation for personal injury cases and do not charge a legal fee unless we recover compensation for you. We have staff members who are fluent in Spanish. Call us today at 919-661-9000 or reach out online.

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Lessons From High Profile Divorces

Divorce is always a stressful, emotional situation. In a high-profile divorce of prominent individuals, unwanted outside attention can be intrusive, damage reputations and careers, and cause stress and psychological harm.

A high-profile divorce often conjures up images of celebrities or entertainers. But high-profile divorces may involve high-powered corporate leaders and people in the public eye. Leaders in any organization, from a country club, civic group, church, or local government, may find their divorce suddenly thrust into a spotlight within their circle of influence. Private matters can become the subject of talk and speculation that causes lasting damage.

The divorce lawyers of Younce, Vtipil, Baznik & Banks in Raleigh have extensive experience helping people of all walks of life work through the many issues that arise during separation and divorce. We can help with everything from settlement negotiations to advice if you must publicly address the status of your relationship. We can provide specialized assistance to uncover concealed assets in a contentious divorce.

Contact the Raleigh divorce lawyers at Younce, Vtipil, Baznik & Banks online or by phone at 919-661-9000 to schedule a consultation with us today.

A Positive Approach to High-Profile Divorce

If we can help you keep your separation and divorce from becoming contentious, the details of your personal lives should remain private. If you and your spouse can come to terms on a separation agreement, then you and your spouse may only go to court to obtain the final divorce order. The details of the separation agreement are not public.

The negotiations to reach a separation agreement may be conducted with mediation, in which a specifically trained neutral third-party mediator guides the divorcing couple’s discussion of issues that must be settled and seeks to steer the discussions in a productive direction. Each spouse’s attorney would attend the mediation sessions to protect their client’s rights and interests.

If separation agreement negotiations are not conducted through mediation, then they must be negotiated between the spouses and their legal representatives.

Issues to resolve as part of separation agreement negotiations typically include:

• Distribution of marital assets
• Division of debts
• Child custody
• Child visitation
• Child support
• Spousal support (alimony)

Productive discussions can result in a separation agreement, which can serve as the basis of the court order that will eventually grant your divorce.

Without an agreement to take before a family law judge, each issue must be discussed in open court where it becomes part of the public record.

As your family law attorneys, we will work to ensure that your separation agreement reflects your desires in a manner that protects your assets and wealth after your divorce and in the years ahead.

We will seek to protect you from damage if your separation and divorce are thrust into the public.

Let Our Team Stand Up for You

If the details of your private life become public in a divorce, your immediate objective should be to maintain control of the narrative. If individuals from outside of your family are spreading scandalous information, it is better to craft a united response, whether delivered from you and your spouse together or in separate statements.

As your legal team, we would work with you, and as much as possible, with your spouse’s counsel to develop a common message to share if your divorce becomes public. This might be a general statement asking for privacy or it could be specific but succinct responses to others’ statements.

In a contentious divorce, the other spouse might be the source of negative material that becomes public. The proper response, in this case, is to rebut false statements, but avoid a back-and-forth public exchange.

Our goal is to protect your reputation as well as your assets as your separation and divorce proceed. Activities we may assist will include:

• Creating statements for publication
• Negotiating temporary agreements to protect your interests during work toward a separation agreement
• Ensuring confidentiality language is part of your separation agreement
• Referring you for counseling sessions aimed at developing coping skills for the trying time ahead

Dealing with Prenuptial Agreements in a High Profile Divorce

Prenuptial and postnuptial (after marriage) agreements are contracts that spell out how a couple will divide their assets if their marriage dissolves. A “prenup” or “postnup” may delineate certain financial responsibilities during the marriage.

In practice, a prenup or postnup can cover almost any issue a couple might have. Such a contract might guarantee an allowance paid by one spouse to the other and state reasons for discontinuing the allowance, such as relapsing into a substance abuse problem.

Anyone about to be married, particularly anyone who has a significantly high income, should consider establishing a prenuptial agreement. Suggesting a postnup once you are married is more difficult. But postnups do exist and are valid and upheld when properly executed.

If you are divorcing and there is a prenuptial or postnuptial agreement in place, it must be assessed to determine whether its provisions apply to the issues of your divorce.

Contact Our High Profile Divorce Attorneys

While divorce is undeniably an emotional issue, it can be a serious mistake to overlook the economic aspects of divorce. Particularly in a high profile divorce, separation and divorce that is not handled correctly can cause you lasting financial harm.

The high-profile divorce attorneys of Younce, Vtipil, Baznik & Banks can offer you experienced and skilled legal representation that ensures your rights and reputation are protected and that you walk away from your marriage with the assets you are due.

Contact us in Raleigh today at 919-661-9000 or online to schedule a consultation to learn how we can develop a legal strategy to help you.

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