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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How to Sue a City for Negligence

There may be many reasons why a city – a municipal government – may be responsible for a person’s injury. Someone may slip and fall on a wet floor in a city building or on an uneven sidewalk at a city park. A city employee might cause a car accident. A driver may hit a pothole on a city street and damage their car.

State and local governments are typically shielded from liability for accidents thanks to the doctrine of “sovereign immunity,” which dates to British common law.

Under certain circumstances, local governments in North Carolina may waive sovereign immunity. By purchasing liability insurance, a local government may waive its sovereign immunity up to the limits of the policy, depending on what exclusions the insurance policy contains. How the exclusions apply is often a point of dispute.

Our attorneys will analyze whether the local government was engaged in a governmental function or a proprietary function at the time the injury occurred. This is an important distinction when considering a lawsuit against a local government.

If you have been injured in an accident, and you believe a municipal employee, program, or department caused the accident, you should speak to a personal injury lawyer at Younce Vtipil Baznik & Banks in Raleigh. An attorney can evaluate the facts surrounding your injury and discuss whether filing a claim against the city or another local government is an appropriate step. If so, we can make sure your injury case is supported by evidence and that your claim complies with all notification and filing requirements.

How to Seek Damages from a City in North Carolina

In most cases, your first step after being injured on city property or by a city employee is to file a claim with the city government, describing the incident and your injury. You will want to provide as much information as possible including a police report, if available, photos of the damage, and an estimate of your expenses. Depending on the city’s size or organization, the complaint may go to the city attorney’s office or to a risk management administrator.

There will be a deadline for submitting your complaint and specific forms you must complete. You should contact an attorney without delay to discuss the situation.

Once you’ve filed a complaint, the city may:

•  Investigate the claim and determine the city’s liability
•  Ask you for more information
•  Accept your claim and pay the compensation you seek
•  Deny your claim

In most cases, the city will deny the claim. Even the thousands of pothole damage claims filed in North Carolina each year are usually denied. If your evidence is strong, the city may try to negotiate a settlement. An experienced attorney at Younce, Vtipil, Baznik & Banks can submit your claim with supporting evidence and negotiate on your behalf.

If you cannot reach a settlement, you may pursue your claim with a formal lawsuit. You must file the lawsuit within the period allowed by the statute of limitations.

In North Carolina, a personal injury lawsuit must be filed within three years of the injury date and a wrongful death suit must be filed within two years. This is not as long as it seems, given the time required to investigate and prepare a complex lawsuit. If you wait until just a few months before the statute of limitations runs to find an attorney, you may have a hard time finding a good lawyer willing to handle your case. Normally, you need to find a lawyer within at least a year before the statute of limitation runs.

Filing a Lawsuit Against a North Carolina City

Local governments in North Carolina have maintained immunity from lawsuits when the act in question occurred while the government or its employee was performing government functions. But local governments are not shielded from injury lawsuits if the local government organization was engaged in a proprietary activity. This is an activity not traditionally performed by a government agency or that is commercial (a fee was charged) or chiefly for the benefit of a specific group rather than the entire community. Operating a golf course may be considered a proprietary function, for example.

The distinction between government functions and proprietary functions can be difficult. It requires a close analysis of the facts. Because there is no bright-line standard, a court hearing, and often appeals, may be required to determine whether the defendant in your claim was engaged in a proprietary activity when you were injured.

Need a Lawyer to Sue a City? Contact Us Today

If you have been injured because of negligence on the part of a local municipality, you should seek legal guidance about your options. The attorneys at Younce Vtipil Baznik & Banks can review the circumstances of your case for free. If we proceed with your case, we will work on a contingency fee basis. You will not owe any legal fee unless and until we recover damages for you. Contact us online or call us at 919-661-9000 for your FREE, no-obligation consultation today.

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Common Misconceptions About NC Personal Injury Claims

We often hear from prospective clients that they “aren’t the type to sue,” but they are meeting with us because they believe they have been wrongly injured by someone, and they’ll face financial harm if they don’t do something. That is really why you should speak to a personal injury lawyer – for assistance making up for the serious injuries and financial harm you have suffered due to someone’s negligence or recklessness.

After a car accident, a slip and fall or other types of accident that has caused you serious personal injuries, the attorneys at Younce, Vtipil, Baznik & Banks, P.A. can help you seek compensation for medical bills, lost wages and more, including for your pain and suffering. It doesn’t always require a lawsuit.

Below we address some common myths and misconceptions about North Carolina personal injury claims. One thing we hope is clear is that your initial consultation with Younce, Vtipil, Baznik & Banks regarding personal injury is always free. Contact us now and we can answer your questions and outline how to proceed with a claim for compensation.

5 Top Myths About Personal Injury Cases in N.C.

1. It costs too much to hire a personal injury lawyer.

As personal injury lawyers, we handle cases on a contingency fee basis. This means our fees are contingent upon winning the case. If we do not win your case, we will not charge you a legal fee. All of this is in writing.

If we recover money for you – either by negotiating a settlement or winning a jury verdict – we will retain a pre-determined percentage as our legal fee and to pay expenses incurred to prepare your case such as ordering medical records, filing fees, or hiring court reporters).

When you hire Younce, Vtipil, Baznik & Banks, P.A. as your legal representatives, we will go over the contingency fee arrangement with you. A contingency fee allows you to obtain legal representation without paying money upfront.

2. Winning a personal injury claim is a way to get rich.

When we pursue a personal injury claim, we work to recover the maximum amount of compensation available for our client. But our guiding objective is to ensure that our client does not suffer lasting financial harm from the injuries someone else has caused.

A personal injury claim in North Carolina may allow you to recover compensation for:

• Medical expenses
• Lost income
• Property damage
• Pain and suffering, including:
  • Emotional distress
  • Loss of enjoyment of life

Much of what is recovered in a claim goes to pay medical bills. Money for lost income is money our client would have earned had he or she not been injured.

The compensation available is often limited by the defendant’s insurance coverage limits. For example, the minimum auto insurance liability coverage in North Carolina pays up to $30,000 bodily injury for each person, $60,000 total bodily injury for all persons in an accident, and $25,000 for property damage.

When high-dollar settlements or jury awards make headlines, the plaintiff typically was young and suffered a permanent and fully disabling injury or has lost a loved one in a wrongful death accident. The highest jury verdicts often go mostly uncollected because the verdict amount is far above the liability insurance limits. No one gets rich off personal injury or wrongful death cases.

3. It would be a shame to ruin them or their business with a lawsuit over an accident.

Almost all personal injury claims are paid by insurance companies and not directly by the individual responsible for the accident. Insurance exists because accidents happen, and the costs of a serious accident cannot usually be paid out of pocket. This is why car owners in North Carolina and most other states are required to maintain a minimum amount of auto liability insurance. Businesses loans and mortgages usually require the borrower to have liability insurance.

Often a personal injury claim consists of conducting a preliminary investigation, gathering evidence such as medical records, medical bills, lost wage documentation, photos, etc., submitting a demand to the insurer, and negotiating a settlement acceptable to our client. Most people who cause accidents expect their insurer to do the right thing for someone injured through no fault of their own.

4. A lawsuit means I’ll have to go to court and live through it all again.

Most personal injury cases are settled through negotiations, without a trial. Very few cases go to trial because of the added time, expense and risk. Negotiating a settlement avoids the unpredictability of a trial outcome and allows our client to receive compensation sooner.

Cases go to trial when the facts are disputed and the insurer sees an opportunity to avoid a payout. But in most cases, what happened and who is at fault can be proven.
If we must take your case to trial, we will make sure you understand and are prepared for what is likely to happen every step of the way.

5. Winning a personal injury lawsuit is a sure thing.

The attorneys at Younce, Vtipil, Baznik & Banks, P.A. only pursue a case when we believe the injury claim is valid and supported by the evidence. But even so, there are no guarantees about the outcome. This is especially true if a case must go to trial, where North Carolina has strict rules for awarding compensation. We do not file a lawsuit unless we have consulted with you and obtained your permission first.

North Carolina personal injury law operates under what’s known as a “pure contributory negligence” doctrine, which is a strict standard. If the injured party is in any way at fault for their injury, they cannot recover compensation.

We investigate, weigh the facts, and move forward with demands to the insurer according to the evidence in your case.

Contact a Raleigh Personal Injury Attorney for Answers After an Accident

If you have suffered harm because of someone else’s negligence or recklessness, you deserve to be fully compensated for your losses. Younce, Vtipil, Baznik & Banks, P.A. will investigate to find out what happened and why. Our attorneys will fight for the compensation you are due. Contact us online or by phone for a free, no-obligation consultation and let us get started finding answers for you.

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How Do You Know It’s Time to Divorce?

Many people have difficulty reaching the decision to get a divorce, even when it’s the right thing to do. It represents a huge loss. Some people consider divorce a personal failing, though in fact it’s a positive step in many situations. Anyone considering divorce is right to take the time necessary to make sure it is the proper step for you to take and to weigh its impact on any children of the marriage.

There are telltale signs that it’s time for a divorce and some steps you should consider before you seek a divorce. Below, we look at how you can know when it’s time to seek a divorce. The North Carolina family law attorneys of Younce, Vtipil, Baznik & Banks, P.A., have helped many people in Raleigh and central North Carolina change their lives for the better by assisting them with divorce and separation agreements, child custody arrangements, and other issues surrounding divorce.

If you’ve concluded that divorce is the answer to your unhappiness, call Younce, Vtipil, Baznik & Banks at (919) 351-8827 or reach out to us online to schedule a consultation.

Why and When to Consider Divorce

Marriages ebb and flow. As newlyweds become parents with families and then transition to empty nesters and eventually retirees, individuals’ needs, desires, and outlooks invariably change. Some couples grow apart although nothing, in particular, has gone wrong. It has been said that marriages don’t break; they erode over time as one or both partners’ needs go unmet.

In other cases, some action on the part of one spouse or both breaks the bond and wrecks the marriage. From relationship experts to academic studies to our own experience as divorce attorneys, we see the most common specific causes of divorce again and again:

• Infidelity
• Overwhelming financial problems
• Domestic violence
• Substance abuse
• Emotional trauma, such as a major illness or death of a child
• Ongoing conflict and irreconcilable differences.

We have found that when a couple is headed to divorce, one or the other spouse is continually unhappy or has lost respect for the other. They feel like they don’t find support for their goals or values.  In many cases, physical attraction to one another and intimacy are just a memory.

Couples who are fighting often find themselves returning to the same old hurtful issues repeatedly or hurling increasingly mean insults

In marriages such as these, if marital counseling has not improved the situation, it may be time to consider separation and divorce. No one should have to endure constant unhappiness, hurt, anger, fear, or loneliness.

Can My Marriage Be Saved? Things to Consider Before Divorce

Divorce can be an emotionally draining process. It can have negative financial consequences, as well. On the other hand, there are health advantages to being married — especially for men. Any couple should want to fight to preserve their marriage, except in situations involving an abusive relationship (which we can help you escape),

North Carolina divorce law gives a married couple time to consider their prospects for staying together before they may obtain a divorce. North Carolina is a no-fault divorce state, meaning you do not have to prove infidelity, abuse, or any other reason to end your marriage. But divorce is only available after a one-year separation. This means the couple must live apart for at least 12 months before being eligible to receive an absolute divorce.

A period of separation from your spouse provides time to consider what divorce will mean to your life. At the end of the separation, you should have a better idea of what you each want.

During or before a separation, you should consider:

• You might work with a marriage counselor or a religious leader and may seek counseling together or on your own. A qualified counselor will make you feel safe to open up about the issues affecting your marriage and help you cope with the emotions that arise. He or she should help you learn to talk to each other with positive results instead of causing additional strife. At the least, you should come to understand your marriage better.
• Specific problem areas. Can you identify the issues that are driving you apart? If you can agree on the problem issues, then you may be able to work on or even resolve them. Here’s an exercise: each of you should make a list of what you think you need to do to save the marriage and then a list of what your spouse needs to do. Compare and see where there is agreement and an opportunity to work on your marital problems.
• Financial impact. North Carolina law requires an equitable division of marital assets as part of a divorce. This means money, retirement accounts, insurance, and personal property, as well as your debts, will be divided between you (with allowances for need and ability). For most people, it means a significant change. Make a list of your assets and debts and consider meeting with a financial adviser and a lawyer to get an idea of what a divorce will cost you.
• Is there any love left? Some couples fall out of love because they let it happen. Busy careers or divergent interests keep them apart. One day they realize they don’t mean that much to each other. Before splitting up, take some time to be together and see whether what you use to feel for each other can be rekindled. Try a couple of evenings at places you enjoyed early in your relationship. If that works out, maybe a weekend away and then a longer vacation, all focusing on the two of you as a couple. You’ll know quickly whether this is a path to pursue.

Our Raleigh Divorce Lawyer Can Help

It’s unfortunate, but some marriages should come to an end. When handled correctly, a divorce can lead to a better life for each spouse. If you live in the Raleigh, NC, area and see the signs that it’s time for a divorce, contact the Raleigh divorce attorneys at Younce, Vtipil, Baznik & Banks. Schedule a consultation about your legal rights and options and the experienced and skilled legal representation we can provide to you.

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Division of Unvested Restricted Stock Units During Divorce

RSU in Divorce

Many companies in the Triangle offer shares of restricted stock to attract and retain employees. The restricted stock units, or RSUs, are redeemable after the employee has worked at the company a certain number of years or met certain performance goals.

The value of RSUs can become an issue when considering the equitable division of marital property in separation and divorce—especially if the RSUs are unvested. The value of a new company’s stock can fluctuate considerably. If the employee is not vested in the stock plan, it can be challenging to determine the fair value of unvested restricted stock units.

The divorce lawyers at Younce, Vtipil, Baznik & Banks work to protect clients’ financial interests as they go through separation and divorce and divide marital property. If you or your spouse has unvested RSUs that are considered a part of marital assets to be divided, we can help you with strategies for meeting the requirements of North Carolina divorce law in a manner that benefits you.

What Are Restricted Stock Units?

A restricted stock unit is a financial share in the issuing company, like any other company stock. The shares are “restricted” because they only attain value when the holder becomes vested in the stock plan and cannot be sold or traded beforehand.

By issuing RSUs as part of a compensation package and requiring years of employment or certain job performance milestones for the stock to attain value, employers use RSUs as an incentive to retain talent. Vesting may occur all at once (100% vested) or in stages, such as 40% of issued shares vesting at three years of employment and 100% at five years.

If an employee leaves the company before they are vested, they usually forfeit any unvested RSUs issued in their name.

Restricted stock units are typically issued over time and are assigned a fair market value when they vest. They are then counted as income, and a portion of the shares is withheld to pay the holder’s income taxes. The employee receives the remaining shares and is free to sell the shares or hold onto them in hopes that their value will increase. In publicly held companies, RSUs may convert to common shares of stock upon vesting.

Because RSUs have no real value until they vest, startups can issue them without immediate expense while capital is dedicated to building the new company. If the company fails, the value of the RSUs and the amount the company must pay out falls accordingly.

How Unvested RSUs Impact Your Separation Agreement and Divorce

One of the most contentious issues in a divorce is often the equitable division of marital property. The presumption is that the net marital estate will be divided in a manner that ensures each party receives a fair share. The marital estate is based on the total value of the assets and debts held jointly by the divorcing spouses.

In North Carolina, both vested and non-vested stock options are subject to distribution. If one spouse has been issued unvested restricted stock units, their disposition will become part of the separation agreement. This requires determining whether the unvested RSUs are marital property, and if they are, their value, and then how they are to be divided.

Are RSUs marital property?

Marital property is assets acquired during the marriage. RSUs are granted to an employee for specific periods of work or for performance during a specific period. If some of the unvested RSUs held in a spouse’s name were for periods before the marriage or after the date of separation, they could be excluded from marital property subject to distribution.

We would expect the judge hearing a separation agreement to look at the period the RSU was issued for, not the date of issuance. For example, if RSUs are accrued annually and issued each January but the couple separated September 30, two-thirds of the first RSUs issued after the marriage ended should still be considered marital property.

We would seek the spouse’s employment contract, employee handbook, and other documents to determine how restricted stock options are issued and the number of units issued in each grant of RSUs received so far.

How do you value unvested RSUs?

Obviously, the spouse who is to receive proceeds from their estranged spouse’s unvested RSUs wants them valued higher and the spouse holding the RSUs wants them valued lower at this point in time.

The simplest thing to do is to come to an agreement on a value. If other employees’ shares have vested, the company may be able to state a recent stock value. If the company is publicly traded, you could go by the current value of common shares, as well as financial statements.

If the company cannot provide helpful documentation, determining the potential value of unvested RSUs may require the services of a forensic accountant.

One valuation method, the Black-Scholes formula, produces a theoretical estimate of the value based on derivative investment instruments. Another approach common in North Carolina is the “coverture fraction,” typically used to value qualifying retirement plans. This formula divides the length of time a spouse was simultaneously married and earning stock options/units by the total length of employment during which the options/units were earned.

How do we divide unvested RSUs in a divorce?

There are two ways to divide RSUs once we have agreed to their worth:

• Buyout. The spouse who earned the RSUs keeps them and pays the other spouse half of the agreed-upon value.
• Deferred division. The spouse who earned the RSUs holds them until fully vested and then sells them and splits proceeds with their former spouse.

Neither choice is without risk. The spouse who agrees to a buyout could watch with no recourse as the value of the stock soared afterward. While waiting for a deferred sale, the company could go under or the spouse could become separated from the company before being vested.

Because the value of unvested RSUs is up for negotiation, another approach is to find another asset to give or receive in lieu of a stake in the unvested RSUs.

Contact Our Equitable Distribution Divorce Attorneys

There are multiple factors to consider when dividing restricted stock or other marital assets during a separation and divorce. The experienced Raleigh divorce attorneys at Younce, Vtipil, Baznik & Banks, P.A., can help you weigh all of your options and introduce you to strategies to protect your financial interests.

Contact us today at 919-661-9000 or schedule a free consultation online about how we can assist you.

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What You Need to Prove in a Slip-and-Fall Case

Every year, millions of people slip and fall in accidents and hurt themselves. One out of five falls causes a serious injury, such as a broken bone or a head injury. Falls are the most common cause of traumatic brain injuries (TBIs) and cause 95% of hip fractures. Both brain injuries and broken hips may be permanently disabling.

When a slip-and-fall accident occurs because of unsafe conditions on another person’s property, the individual injured may be entitled to seek compensation from the negligent property owner. Property owners have a legal obligation to take reasonable steps to maintain their property to protect anyone who legally visits their premises. When a property owner shirks his or her responsibility and someone is injured as a result, the property owner may be financially liable for the injured person’s medical bills and related losses.

If you have been seriously injured in a slip-and-fall accident caused by someone else’s negligence, you may seek compensation for your medical expenses and more. To recover a settlement, you will need to prove the property owner was at fault and caused your injury. The slip-and-fall accident lawyers of Younce, Vtipil, Baznik & Banks, P.A., can help you pursue a slip-and-fall accident claim in Raleigh and the surrounding areas.

How To Prove Negligence in a Slip And Fall

In a slip-and-fall claim, the injured person must prove the defendant’s negligence, or fault, for their injury. Under North Carolina’s strict rules, the injured person cannot recover compensation if he or she did anything to contribute to the accident.

To prove a defendant’s negligence, a plaintiff must show:

• The defendant had legal responsibility for the safety of the injured person
• The defendant breached that duty by failing to keep up the property or address an unsafe condition
• The breach of duty caused the plaintiff’s injury
• The defendant should have foreseen the likelihood that someone would be harmed by their action or failure to act
• The injury resulted in compensable costs and losses.

A slip-and-fall accident claim states that the injured person fell and sustained an injury on the property because of a hazard the property owner knew existed or should have known existed and failed to correct or warn about in a timely manner.

For a successful claim, you will need to gather evidence to show that the property owner or property manager:

• Breached his or her duty to keep the premises safe for legal visitors by causing or allowing a hazard to exist within the building or on the grounds
• Should have known about the hazard
• Or was aware of the hazard but did nothing to address it
• Or took inadequate steps to mitigate the hazard or warn visitors about it
• The hazard caused the plaintiff to fall
• The fall caused the plaintiff physical and/or mental injury, which resulted in compensable damages.

The injured person’s claim for compensation would go to the defendant’s insurance company, which would determine whether to pay the claim and, if so, how much to offer to settle it. In addition to outlining evidence of the property owner’s liability, a demand letter would state the compensation owed to the plaintiff. The amount paid may be subject to negotiation.

To have the best chance of success, an injured person should enlist the help of an experienced Raleigh slip-and-fall injury lawyer to gather evidence, develop a persuasive case and negotiate with the insurance company for a just settlement.

Compensation Available in Slip-and-Fall Cases

Compensation paid in a slip-and-fall claim is meant to make the injured person financially whole. Settlements are often thought of as economic damages (for quantifiable costs such as medical bills and lost income) and non-economic damages (for intangible losses such as emotional suffering).

Compensation recovered in a slip-and-fall case may include money for:

• Medical expenses related to the injury, including emergency room treatment, surgery, costs of rehabilitation, assistive devices such as crutches or a wheelchair, or nursing or personal assistance
• Lost wages during time away from work
• Diminished earning capacity in cases of ongoing disabilities
• Pain and suffering
• Emotional distress
• Future medical costs if your injuries will require ongoing medical care
• Loss of enjoyment of life
• Loss of consortium

A demand letter to an insurer or a formal lawsuit would state the amount of compensation sought. To determine the appropriate amount to seek, we would add up quantifiable costs and separately determine a figure for non-economic damages. Typically, noneconomic damages due are calculated as a multiple of economic damages, according to the severity of the injuries.

Evidence in Slip-and-Fall Cases

To win a slip-and-fall case, we must persuade the property owner’s insurance company or a jury that the property owner was at fault and the plaintiff was hurt through no fault of his or her own. Evidence may come from any combination of:

• Witness statements, from the accident victim, the accident victim’s companions or others who saw the accident, or employees who can testify about the condition of the property
• Accident reports filed with the property owner or business or by emergency responders
• Photos or video from security cameras or witnesses’ phones that may depict the hazard and/or the accident happening
• Property maintenance records that may indicate that the need for repairs was known but put off
• Expert witnesses who may testify about proper/improper maintenance or use of the property, and the connection between the dangerous property conditions and the plaintiff’s injury.

Showing That You Were Not Being Careless

An insurance company may attempt to show that the injured person was acting carelessly when the accident occurred and therefore contributed to his or her own injuries. If a property owner in North Carolina can show that the injured person contributed to the slip-and-fall accident in any way, then the victim is not entitled to collect compensation. The rule of thumb is that the property owner is not responsible for someone hurt by a hazard that a reasonable person would have recognized and known to avoid.

For example, if the injured person was not paying attention when he or she encountered a hazard that led to the accident, then the accident victim would have a weaker claim. This includes someone who was talking on a phone, texting or otherwise looking at a screen, turning to talk to someone or carrying objects that obscured the view of the hazard.

A property owner may post barriers or warning signs to mitigate a hazard they cannot remove right away. Their insurer may argue that these barriers or signs were adequate to alert a reasonable person to the danger. However, some warnings, such as a handwritten sign taped to a wall or a single yellow caution cone may not necessarily be adequate.

Property owners also are given some leeway to respond in a timely manner to a newly formed hazard, such as a spill in a grocery store or snow and ice on a sidewalk. If an accident occurred before the property owner had a reasonable opportunity to discover it and address the problem, a jury might be persuaded the property owner was not at fault.

Finally, an accident victim who was trespassing when he or she fell typically does not have a legitimate claim. However, different rules apply for children who are too young to understand the potential danger of certain situations.

Contact a Slip-and-Fall Attorney

If you have been seriously injured in a slip-and-fall accident that occurred on someone else’s property and was not your fault, you may be due compensation for your medical bills and losses. The personal injury lawyers at Younce, Vtipil, Baznik & Banks, P.A. in Raleigh, N.C., can investigate the accident to determine what compensation you are eligible to claim and aggressively pursue a settlement for you.

It is best to begin gathering evidence after a slip-and-fall accident as soon as possible. Contact us today for a free consultation with an experienced and compassionate North Carolina slip-and-fall lawyer. Phone 919-351-8757 or reach out online.

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