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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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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