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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