The post Do I Need a Lawyer for Child Custody in North Carolina? appeared first on The Law Offices of John Drew Warlick, P.A..
]]>At The Law Offices of John Drew Warlick, P.A., we know you would do anything to protect your child. You can protect them and yourself by hiring a lawyer to help you fight for your family and represent you in court.
Do you need an advocate to help you arrive at a child custody agreement? Contact our office today for a confidential legal consultation with one of our skilled North Carolina child custody attorneys.
You can still benefit from the help of a lawyer if you and your co-parent agree on how to share custody. Child custody arrangements can get complicated, even when parents agree on significant decisions related to their child’s upbringing. Navigating the North Carolina legal system can be challenging, and you don’t want to jeopardize your family’s future. An experienced child custody lawyer can help ensure you follow the required legal processes, meet deadlines, and seek a solid and legally binding agreement.
An attorney can also help you draft a no-nonsense custody agreement that protects you and your child. You and your co-parent may be on the same page today, but what about in the future? Without a legally binding agreement, when plans change or disagreements arise, you won’t have a court-approved arrangement that protects you and helps settle disputes.
You can choose to represent yourself in family court. However, you cannot receive advice about the process or your rights from the judge, court officials, or clerks. That is why it is essential to retain experienced legal representation if you seek custody of your child.
You need an attorney with crucial knowledge of the North Carolina legal system to ensure that you meet the court’s strict deadlines and overcome obstacles that come up during the process. When the health and happiness of your child are at stake, you should rely on the advice of a dedicated child custody lawyer.
Individuals charged with crimes in the United States have a constitutional right to legal representation. When a person accused of a crime cannot afford to hire an attorney, the court must appoint a public defender to represent them. However, this is not true of civil and family cases. In North Carolina, the court does not appoint attorneys to represent individuals in child custody cases. If you want legal representation in your case, you must hire an attorney on your own.
Filing for child custody can be a time-consuming and challenging legal process. You must file a complaint in the correct jurisdiction to file for custody of your child. Your complaint must be correctly filed with the court and served to the child’s other parent within a specific timeframe. Without an attorney’s assistance, several steps in the process can go wrong and potentially jeopardize your case.
Navigating the child custody process is stressful enough without worrying about the legal details. An experienced North Carolina child custody lawyer can shoulder the burden. An attorney can advise you of your legal rights, file the proper paperwork, and negotiate for a favorable child custody agreement.
Parents are often confused by child custody terminology. Legal and physical custody are two distinct forms of child custody. An attorney can help you understand the different forms of child custody and draft an agreement that meets your and your child’s needs, whether that is asking for sole or joint custody.
Several factors can influence how a judge rules in a child custody case. One of the most significant factors a judge uses to help them determine a suitable custody arrangement is what is in the child’s best interests. To decide which arrangement meets a child’s emotional, physical, and developmental needs, the court may consider:
The court can also consider additional factors that may influence the health and happiness of the child.
Child custody negotiations can be emotional for families. A compassionate North Carolina child custody attorney can build a solid case that helps you pursue a favorable outcome for your situation while protecting your child’s health and happiness. You can dedicate your time and energy to your family while your attorney fights for you, protecting your rights and crafting a child custody agreement that meets your unique needs.
You need the support of an experienced North Carolina family law attorney when making child custody arrangements. Contact The Law Offices of John Drew Warlick, P.A. today for a confidential consultation. We want to offer you the help you deserve during this challenging time.
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]]>The post Does Insurance Follow the Car or the Driver in North Carolina? appeared first on The Law Offices of John Drew Warlick, P.A..
]]>Generally, most car insurance policies in North Carolina follow the car, not the driver. When someone borrows your vehicle and causes an accident, as the vehicle owner, your liability policy should compensate the injured individuals for their financial losses.
Things change when someone takes your car without permission and gets into an accident. Taking an item without permission from the owner is not borrowing. It is theft. When an individual takes your car without your consent, the driver or their insurance company becomes responsible for compensating injured parties for their losses.
It is vital to carefully read the terms of your car insurance policy before you let anyone get behind the wheel of your vehicle.
Some motor vehicle accidents can cause devastating damage or physical injuries that quickly outpace insurance policy limits. When this occurs, injured individuals may have several options to try to recover the money they need for their financial losses.
As the vehicle’s owner, your insurance is the primary policy for accident damage and medical expenses. However, if the driver also has car insurance, their insurance company may be on the hook to pay for the rest of the damage your policy can’t cover. If the person who borrows your car causes the accident, they may also face a personal injury lawsuit from others seeking compensation for their losses not covered by an insurer.
Typically, you do not need to use your supplemental MedPay coverage following an accident caused by a driver who borrowed your car. While liability, collision, and comprehensive coverage follow the car, MedPay coverage usually follows the driver. However, you need to review your specific insurance policy to determine the scope and limits of your coverage.
Individuals without a car can still protect themselves in many situations by carrying non-owner auto insurance. People who can drive and have a valid license but don’t own a vehicle may qualify for non-owner auto insurance. This policy provides liability coverage if the insured person gets into an auto accident while driving someone else’s vehicle.
Most non-owner policies include bodily injury and property damage liability coverage. These are the types of minimum insurance coverage required by North Carolina law. However, most policies do not allow individuals to carry comprehensive or collision coverage because those tend to be vehicle-specific policies.
The situation gets complicated if your friend does not have their own car insurance and is the at-fault driver. Your insurance may pay for the expenses and financial losses of the other individuals involved. But if their losses exceed your policy limits, they may try to find additional ways to recover the compensation they need, such as through a personal injury lawsuit.
Additionally, North Carolina law requires all drivers to have minimum insurance coverage. If someone borrows your car and gets in an accident without insurance, the state may hold you accountable as the vehicle owner. Consequences can include suspending your driver’s license.
When an accident occurs in North Carolina, you turn to the at-fault driver’s insurance to cover medical expenses and other losses. If a friend’s actions cause a collision, either their insurance or yours will be on the hook for compensating those involved. However, depending on the circumstances of the accident, other parties may be entirely or partially liable for causing the crash. Those who may bear responsibility for an accident can include:
You need an experienced North Carolina car accident lawyer after a borrowed vehicle accident. An attorney can investigate the cause of the crash and identify all potentially liable parties.
Things can get murky when your car is involved in an accident but you aren’t the driver. You may be confused about how to file a car accident claim, who is responsible, and whether your insurance needs to pay for the damage. Don’t navigate this challenging time alone or rely on the advice of others with no experience in the insurance or legal industries. Hand your claim over to a skilled North Carolina car accident attorney.
How can an attorney help? At The Law Offices of John Drew Warlick, P.A., we can:
Before you talk to anyone, discuss your unique situation with an experienced car accident attorney.
Are you concerned about what comes next when someone else gets into a wreck in your car? It can be challenging to untangle who pays for what when a friend borrows your car and gets into an accident. You may have a lot of complicated questions with complicated answers.
At The Law Offices of John Drew Warlick, P.A., our North Carolina car accident attorneys want to help you sort through the noise and get to the heart of the issue. We also want to help you understand your coverage limits and how to file a car accident claim with the correct insurer. Our team is committed to protecting your legal rights. We understand the stress and frustration involved when a friend borrows your car and causes an accident. You deserve dedicated legal representation to help you navigate the situation.
Contact our office today for a free consultation with one of our North Carolina car accident attorneys.
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]]>The post How to Beat a DWI/DUI in North Carolina appeared first on The Law Offices of John Drew Warlick, P.A..
]]>If you are facing impaired driving charges, you may be scared and overwhelmed by the legal process. However, a North Carolina drunk driving defense lawyer can help. At The Law Offices of John Drew Warlick, P.A., we focus on protecting your rights and building a case to pursue the best possible outcome.
Our trusted legal team can advocate for you, aggressively fighting for your deserved justice. Want to understand more about your legal options? Contact our office now for a confidential case evaluation.
In North Carolina, a driver can be pulled over and potentially arrested for driving while impaired (DWI) if a law enforcement officer reasonably suspects they are operating a vehicle while noticeably impaired. A driver can also be charged with DWI if their blood alcohol concentration (BAC) reaches .08 percent or more or if they have any Schedule I controlled substance in their system.
North Carolina DWI laws can be confusing. The state uses a multi-tiered system for all DWI sentencing. The level of an individual’s DWI offense depends on the situation’s circumstances and specific mitigating factors. Level I DWI offenses are the most significant, while level V offenses are on the other end of the spectrum.
The penalties for a North Carolina DWI conviction vary depending on the crime’s significance and the DWI offense’s level. Criminal penalties for DWI in the state are as follows:
In level V through level III offenses, a judge may suspend an individual’s sentence if they agree to perform community service and not operate a vehicle for a specific time. A North Carolina judge cannot suspend the minimum sentence in level I and II convictions. Aggravating factors like repeat offenses, minor passengers, or causing injuries can potentially increase the criminal penalties an individual may face.
Additionally, impaired drivers face driver’s license suspension and may need to complete a substance abuse assessment. They can also suffer other consequences like increased insurance premiums, job loss, and difficulty securing loans or housing.
The time a conviction counts against you in North Carolina is called the “look-back period.” The look-back period for DWI convictions depends on the severity of the offense. A DWI offense can remain on your record for 7 to 10 years. If you drive while impaired again within that time, the subsequent charge counts as a repeat offense.
Depending on the circumstances of your situation, how an officer collects evidence, and how breath and blood tests are administered and processed, the charges against you can be dismissed or penalties reduced if you’ve never had a DWI before. However, getting the charges against you dismissed is seldom something an individual can do independently. Getting DWI charges dismissed takes an in-depth knowledge of the North Carolina legal system.
Several defense strategies can be effective at getting DWI charges reduced or dismissed depending on the specific facts of a person’s case. Some of the tactics that may apply to your DWI case can include:
A North Carolina DWI attorney can review your situation and determine which defense strategies may apply to your case. Your attorney can then aggressively work to have the charges against you dismissed or downgraded.
After a DWI arrest, most people don’t think they can afford to have an aggressive criminal defense attorney on their side. At The Law Offices of John Drew Warlick, P.A., we believe you can’t afford not to have a skilled attorney on your side. It is challenging to navigate North Carolina’s criminal justice system. If you get arrested for DWI, you’ve got a lot on the line, like your freedom, reputation, and future financial stability. Don’t risk it all by trying to navigate the system solo and taking your chance with a judge.
A North Carolina DWI defense lawyer can review your situation, carefully design a defense strategy, and protect your rights. Working with a knowledgeable DWI lawyer can put you on the right path to obtaining a favorable outcome.
You don’t have to accept your fate. Fight back. Talk to a tenacious North Carolina drunk driving defense lawyer about your case. At The Law Offices of John Drew Warlick, P.A., we want to help you seek justice. Contact our office today for a confidential consultation.
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]]>The post How Is “Pain & Suffering” Calculated in a Car Accident Case? appeared first on The Law Offices of John Drew Warlick, P.A..
]]>“Pain and suffering” refers to physical anguish or emotional distress a person experiences due to an accident and the injuries they suffered in the crash. Physical pain can include the pain caused by injuries and subsequent treatments or rehabilitation, such as post-operative pain. Emotional distress can include mental trauma caused by the accident or depression/anxiety that results from injuries, disabilities, or disfigurement.
Each car accident victim will experience different losses due to pain and suffering following a crash. The same type of injury can cause different kinds or levels of pain and suffering for different people. Various factors will determine how much money a car accident victim might recover for pain and suffering in a personal injury claim, including:
Some insurers determine the value of pain and suffering claims by multiplying the number of weeks of treatment by some amount they deem reasonable compensation for pain and suffering. When they use this method they do not always include a maximum number of weeks of treatment which should be allowed for the injury involved. This means of valuation is faulty for many reasons and should be vigorously opposed. We all know that some people heal faster than others, some treatments are more painful than others, some people get less treatment because they do not have health insurance, and some stop treatment because they cannot afford to miss work. This is simply not a reasonable way to determine damages for pain and suffering.
Insurance companies value cases based on “averages” of what has been paid to compensate for similar injuries in thousands of other cases. This average is taken from a wide range of values and overlooks the fact that every case is different.
You may need various kinds of evidence to show an insurance adjuster or jury how physical pain and emotional distress have negatively affected your life. Once an adjuster or jury understands how the car accident has affected your life, they can use their experience and common sense to determine what fair compensation may look like for you. Examples of evidence that a car accident attorney might use to prove the amount of pain and suffering compensation you deserve to recover include:
Under North Carolina’s statute of limitations, plaintiffs typically have three years to file a lawsuit against an at-fault driver or party to recover compensation for their pain and suffering due to a car accident. You may have more or less time to file your claim under various circumstances. However, you should promptly contact a car accident attorney after a crash to ensure that you file your claims on time. If you file a claim for pain and suffering after the applicable deadline, you may lose the opportunity to seek financial recovery for your injuries in civil court.
If you’ve experienced debilitating physical pain and emotional suffering after a car accident, you deserve to seek financial recovery and justice from those at fault for the crash. Contact The Law Offices of John Drew Warlick, P.A., today for a free, no-obligation consultation with an experienced North Carolina car accident lawyer. A member of our legal team can discuss your legal options for pursuing a pain and suffering claim.
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]]>The post North Carolina DUI Laws and Penalties appeared first on The Law Offices of John Drew Warlick, P.A..
]]>According to the Foundation for Advancing Alcohol Responsibility, nearly 24 percent of all traffic fatalities in North Carolina in one recent year occurred in drunk driving accidents. Drunk driving fatalities occurred at a rate of 3.1 per 100,000 population. A quarter of drunk drivers with a blood alcohol content (BAC) of 0.08 to 0.14 involved in fatal crashes had prior DUI offenses. Meanwhile, three-quarters of drunk drivers with a BAC of 0.15 or more had prior DUI offenses.
Under North Carolina’s DUI statute, a driver may face a DUI charge when they have a BAC of 0.08 percent or more, determined by a breath or blood test. However, the legal limit while driving a commercial vehicle lowers to 0.04 percent.
North Carolina also has a “zero tolerance” policy for drivers under 21. A motorist under 21 may face a DUI charge if they have any detectable alcohol or drugs in their system. Under the zero-tolerance law, an underage driver who has alcohol in their system will receive an automatic 30-day pretrial revocation of their driver’s license. Because underage drivers cannot have any alcohol in their system, the state can convict the driver if the arresting officer smells alcohol on the driver’s breath – even if they refuse a breath or blood test.
North Carolina has five penalty levels for DUI. Penalties for a DUI conviction in North Carolina vary depending on the aggravating and mitigating factors. Mitigating factors in a DUI case may include having a low BAC, intoxication by a prescribed drug, or evidence of safe driving behaviors. Aggravating factors include having a BAC of 0.15 or more, reckless driving, causing an accident, passing a school bus, or evading law enforcement. North Carolina also recognizes “gross” aggravating factors, such as causing severe injuries, driving with a license revoked for DUI, driving with a minor passenger, or having a prior DUI conviction within the past seven years.
Penalties for DUI include:
As an at-fault state for car accidents, North Carolina law allows victims to sue drivers for injuries and losses sustained due to drunk driving accidents. Even if you cannot prove that a driving error by the drunk driver caused the accident, you might still hold them liable for the crash under a theory of negligence per se, or negligence from breaking the law.
A passenger in a drunk driver’s car may also have a claim against the driver if they suffer injuries in a crash caused by the driver. However, North Carolina still follows the old contributory negligence rule, which bars individuals from pursuing compensation for injuries they partially caused. The rule might apply to your case if you knew the driver was impaired and still chose to ride with them.
North Carolina’s dram shop law makes it illegal for a bar, restaurant, or other business to knowingly sell or give alcoholic beverages to an intoxicated person or a minor. An establishment that serves alcohol to a visibly intoxicated person or minor may face liability for injuries and property damage the person causes while driving under the influence of alcohol. In some cases, a social host may also be held responsible for resulting damages.
In a drunk driving accident claim, you may have the right to recover compensation for financial and personal losses you incur due to the crash, including for:
You may also be entitled to punitive damages through a drunk driving accident lawsuit. These damages are intended to punish the at-fault driver, not compensate you for specific losses you have suffered. There is no cap on punitive damages in drunk driving cases.
Under North Carolina’s statute of limitations on injury claims, victims typically have three years to file a lawsuit against a drunk driver or other liable parties. Filing a suit after the deadline means risking your right to obtain financial recovery in civil court.
If you were hurt in a car accident caused by a drunk driver, get legal help to pursue accountability from the driver and other responsible parties. Contact The Law Offices of John Drew Warlick, P.A. today for a free, no-obligation consultation with an experienced North Carolina drunk driving accident lawyer to discuss your legal options for financial recovery.
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]]>The post North Carolina Custody Laws for Unmarried Parents appeared first on The Law Offices of John Drew Warlick, P.A..
]]>When unmarried parents have a child, if the child’s birth certificate does not initially list the father’s name, the child’s birth mother has sole custody of the child until the father acknowledges his paternity or the court establishes paternity. A mother may seek to establish a man’s paternity over her child through court action, or a presumptive father can file a petition for custody and visitation if the mother rejects the man’s paternity and refuses visitation.
In North Carolina, child custody falls into two categories: legal and physical custody.
Courts also decide between sole and joint custody.
However, even in a joint physical custody arrangement, the court may give one parent primary custody. This is typically the parent where the child stays most nights. This designation also affects decisions, such as where the child will enroll in public school or which parent may claim the child as a dependent for tax purposes.
In a joint legal custody arrangement, the parent of primary residence may have the right to make emergency decisions for the child or have the final say on child upbringing decisions if the parents cannot agree after good-faith discussions.
Courts prefer to establish a joint custody arrangement. Courts recognize that children thrive when they have both parents thoroughly involved. Courts may also prefer parenting time schedules that split overnight custody between parents roughly equally, although significant distances between parents’ homes may make equal parenting time schedules unworkable. When parents live too far apart for an equal parenting time arrangement, courts may grant the non-primary custodial parent parenting time lasting several weeks or months during school breaks.
However, courts may deviate from the typical joint custody when a family’s circumstances suggest that a joint custody arrangement will not serve the child’s best interests. These circumstances may include:
Where parents cannot collaborate on decisions regarding their child’s upbringing or one parent cannot provide a safe environment, a court may grant sole physical or legal custody to one parent.
Fathers may assume that courts grant mothers primary physical custody of children by default. However, North Carolina child custody law requires courts to take a gender-neutral approach, prohibiting any consideration of a parent’s or child’s gender when deciding on a custody arrangement. Instead, courts must consider factors such as each parent’s fitness to parent, their respective physical and mental health, the child’s medical needs, and the nature and quality of each parent’s relationship with the child.
Although unmarried parents do not have to hire family law attorneys to file for a custody determination, they can best protect their child’s interest and their parental rights by hiring a lawyer. A lawyer can help an unmarried parent understand their rights and options, work with their child’s other parent or their counsel to negotiate a workable custody arrangement, and advocate on behalf of the parent if the court must resolve the custody dispute.
A lawyer can also help with related issues, such as enforcing the custody arrangement or parenting time schedule and seeking child support payments from the non-primary custody parent.
North Carolina law recognizes that every parent must financially support their children. Once an unmarried mother establishes paternity for her child, she can file a petition with the court to request child support payments from the child’s father.
Alternatively, a mother can file a child support petition against a presumptive father. During those child support proceedings, the court will likely order the presumptive father to submit to DNA testing to confirm his paternity. Although unmarried parents who continue to live together after their child’s birth may not need a child support order, parents can still seek custody and support orders to protect themselves if their relationship ends.
If you’re in a custody dispute as an unmarried parent, get experienced legal counsel and advocacy to protect your family’s rights and interests. Contact The Law Offices of John Drew Warlick, P.A. today for a free, no-obligation consultation with an experienced North Carolina child custody attorney to discuss your options as an unmarried parent.
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]]>The post Do pedestrians have the right-of-way in North Carolina appeared first on The Law Offices of John Drew Warlick, P.A..
]]>North Carolina law states that motorists must yield to pedestrians in marked crosswalks. The only exception to this rule is at intersections when traffic officers or devices are regulating the flow of traffic.
However, pedestrians are also required to obey the instructions of any pedestrian-specific traffic controls. North Carolina law outlines that:
North Carolina’s laws require that motorists defer to pedestrians at intersections even when crosswalks are not clearly marked. Drivers must yield the right-of-way by slowing or stopping as needed to allow pedestrians to cross at intersections when markings are not present. Other motorists cannot try to pass or overtake any vehicle that has stopped to allow a pedestrian to cross the roadway.
If signals are present, the pedestrian must cross within the marked crosswalk. They cannot cross the intersection outside of an established crossing.
Under North Carolina law, a pedestrian crossing outside of a marked crosswalk or an unmarked crosswalk at an intersection must yield to vehicles there.
However, the law also states that motorists must defer to pedestrians in certain situations away from crosswalks, such as when:
Pedestrians are much more vulnerable to injury in a collision with a motor vehicle than the vehicle’s occupants. Motorists must make every reasonable effort to avoid hitting a pedestrian in the roadway, even in situations where the pedestrian should yield to them. North Carolina law also states that the motorist should warn the pedestrian by honking their horn. Motorists must take particular caution if they see a child or incapacitated pedestrian in the roadway.
Generally, pedestrians do not have the right-of-way when crossing highways outside of designated crosswalks. North Carolina law forbids pedestrians from disrupting the regular flow of traffic by standing, sitting, or lying on a street or highway. However, motorists must still do everything they can to avoid striking a pedestrian who crosses a highway in front of them – even though the motorist has the right-of-way.
Pedestrians must use the sidewalk when one is provided. It is against North Carolina law for a pedestrian to walk on or along a roadway adjacent to a sidewalk. If there is no sidewalk, they may walk on the road, against traffic, and as far to the left-hand side of the road as possible. They must also yield to approaching vehicles.
A pedestrian who violates the rules could be at fault for a traffic accident. However, it’s important to note that motorists still have a duty to take all reasonable steps to avoid hitting a pedestrian who is in the roadway unlawfully. An experienced North Carolina pedestrian accident lawyer can review your case and help determine who may be liable for your injuries and losses.
If you’ve been injured in a North Carolina pedestrian accident, it is essential to prioritize your well-being and your legal rights. Taking as many of the following steps as possible can improve your medical prognosis and lay the groundwork for a successful injury claim:
North Carolina has a statute of limitations for personal injury suits, including those stemming from pedestrian accidents. This law gives you three years from the date of the crash to file your lawsuit. Since waiting too long could prevent you from securing justice, it’s important to get in touch with a lawyer as soon as possible.
Were you hit by a car in Jacksonville, NC? If so, the driver might owe you money for your medical bills, lost income, pain, and suffering, and more. The legal team with The Law Offices of John Drew Warlick, P.A. can help you demand it. Contact us today for a free consultation with a Jacksonville pedestrian accident lawyer, and we’ll tell you more about your options.
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]]>The post MedPay and PIP in North Carolina car accident claims appeared first on The Law Offices of John Drew Warlick, P.A..
]]>How does MedPay work, and are North Carolina drivers required to carry MedPay coverage? At The Law Offices of John Drew Warlick, P.A., our legal team wants to help you understand how MedPay coverage works and what you can expect when you file a claim.
Personal injury protection coverage, or PIP, is typically required by states that follow a no-fault insurance system. In about a dozen states – but not North Carolina – when drivers are involved in a collision, they turn to their insurance provider for compensation for their financial losses, regardless of who is to blame for causing the collision. PIP coverage typically pays a percentage of a person’s reasonable and necessary medical expenses, a percentage of their lost wages, and death benefits.
Most states, including North Carolina, follow a more traditional fault-based insurance system. In a fault-based system, when you are involved in a car accident, you file a claim with the at-fault driver’s insurance company for compensation. In North Carolina, when you are injured in a car accident someone else caused, you seek compensation for your accident-related losses from the at-fault driver’s insurance company, not your insurance provider.
Medical payments, or MedPay, is supplemental coverage available in many states that follow at-fault car insurance rules. MedPay is an optional coverage you add to your car insurance policy that pays your reasonable and necessary accident-related medical expenses up to your policy limits. Like PIP coverage, MedPay pays for your medical expenses, regardless of who is responsible for causing the crash. However, unlike PIP coverage, MedPay does not pay for additional losses like lost wages.
No. MedPay coverage is optional coverage you can add to your car insurance policy. North Carolina only requires registered vehicle owners to carry continuous liability coverage to pay for other parties’ personal injuries and property damage if the policyholder causes a crash.
Minimum North Carolina auto liability coverage requirements include:
You can add MedPay coverage to your car insurance policy for an additional premium.
You do not need to prove fault to receive compensation from MedPay for your medical expenses. MedPay coverage pays for reasonable accident-related medical expenses regardless of who was at fault for causing the crash. The coverage typically has no deductible or co-payments attached. It covers you whether you are involved in a car or pedestrian accident or were riding public transportation when the accident occurred.
Your MedPay coverage may also cover individuals who are passengers in the insured vehicle, your spouse, and any family members living in your immediate household.
To file a MedPay claim in North Carolina, you must contact your auto insurance provider and file the necessary claim paperwork. Your insurance provider may require documentation of your injuries and medical bills. Typically, reimbursement for your expenses takes two to four weeks, depending on if and when your claim is approved.
Subrogation is a concept under which an insurance company that pays for expenses related to an accident can attempt to recoup its losses from another party. In some states, when an insurance company pays a MedPay claim, it can attempt to recover the money it spent from the injured party or from the at-fault driver’s insurer.
However, North Carolina is different. North Carolina has adopted an anti-subrogation law, which prohibits providers from seeking reimbursement for any insurance payments they make for their insured through MedPay insurance coverage.
You may believe that because you pay for MedPay coverage, your insurance company has your best interests at heart. Unfortunately, no insurance company is happy to spend its profits paying out on expensive insurance claims.
How can a North Carolina car accident lawyer help you with your MedPay claim? An experienced car accident attorney can fight to get you the money you deserve.
At The Law Offices of John Drew Warlick, P.A., our legal team works hard to build a solid claim backed by evidence and medical documentation showing how you deserve maximum compensation for your medical expenses. It can be hard to muster the strength and motivation to jump through insurance company hoops and documentation requirements when significantly injured. Let our skilled North Carolina personal injury lawyers do the hard work for you so you can focus on recovering from the car accident and moving forward with your life.
Has a careless North Carolina driver injured you in an accident? Fight for the money you deserve and get the team at The Law Offices of John Drew Warlick, P.A., on your side. We are ready to review your specific insurance policy and help you apply for the MedPay benefits you need to cover your medical expenses. We can pursue additional compensation from the at-fault party’s insurance company to cover the rest of your injuries and losses.
Accident-related medical bills can cause significant financial instability and stress. Breathe a sigh of relief and let the legal team at The Law Offices of John Drew Warlick, P.A., help you pursue the money you deserve. You won’t have to worry about upfront costs to hire us. We work on contingency. That means you won’t owe us anything unless and until we get compensation for you. If you don’t get paid, neither do we.
Contact our North Carolina office today to set up a free case evaluation and learn more about your legal rights.
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]]>The post At what age in North Carolina can a child decide what parent to live with appeared first on The Law Offices of John Drew Warlick, P.A..
]]>However, North Carolina child custody cases can quickly become complicated. Without the help of an experienced attorney, you may not know your legal rights and how your child can express their preferences before a judge.
At The Law Offices of John Drew Warlick, P.A., we want to help you understand what factors influence your child custody case and whether your child’s opinions can sway a judge on which parent they want to live with.
Children have opinions. Ask a child what they want for dinner, and you will likely hear answers like candy, French fries, and ice cream. Although a child may be old enough to express their wishes clearly, that doesn’t necessarily mean they are mature enough to understand the consequences of their choices.
For example, one parent may let a child neglect their studies and play games all day. A child might prefer to live with the “fun” parent instead of the parent who makes them do homework.
A child cannot decide which parent they want to live with on their own. Instead, North Carolina law follows the best interest of the child standard. When a judge determines child custody, they must review all the facts and base their decision on what is in the child’s best interest – even when the child’s best interests don’t necessarily align with the child’s wants.
Determining a child custody arrangement can be challenging. Numerous factors can impact a judge’s decision on where a child should live to ensure the child’s best interests are met and maintained. A judge must consider how living arrangements affect a child’s physical safety, emotional health and well-being, social development, and morality.
The best interest of the child standard allows a judge to consider the following:
North Carolina courts want to ensure that children have every opportunity to build lasting relationships with their parents in a safe and stable environment.
While a judge can consider a mature child’s preference, they must also consider other factors to determine what living arrangement suits the child’s best interest. For example, a child may prefer to live with their mother. However, suppose the mother has a history of neglect or cannot provide a stable living situation for the child. In that case, a judge can decide it would harm the child’s physical and mental development to remain in the mother’s household. In other words, a North Carolina judge is not bound to determine custody arrangements based only on a child’s wishes.
Courts are also wary of making custody arrangements based on a child’s word because it can lead to parental alienation. Some parents use their child like a pawn in the custody battle “game.” Parents can promise treats, presents, and other incentives to persuade them to tell a judge they want to live with one parent over the other. Some parents may even threaten a child if they don’t tell a judge they want to live with them over the other parent.
There is no magic age where a child becomes old and wise enough to make their own decisions while fully understanding the importance of their decisions. Children grow and mature at different stages. Typically, a judge gives more weight to a child’s preferences when they are mature enough to thoughtfully express their opinion and show they understand their decision’s consequences. The older the child, the more weight a judge will give to address their wishes and preferences. A 15-year-old can better communicate and understand their preferences than a four-year-old who has yet to learn that actions have consequences. However, all cases are unique, and a judge can decide whether a child is wise enough to understand their choices.
Unfortunately, North Carolina child custody cases are not black and white. Cases are more complex than a child expressing their preference and a judge taking that preference at face value. You need an experienced child custody lawyer to help you build a solid case demonstrating why living with you offers your child the best opportunity for a happy, fulfilling, and safe living arrangement.
We advocate for you and your child at The Law Offices of John Drew Warlick, P.A. We know divorce is never easy. Our legal team is committed to helping you navigate this challenging time and arrive at a custody agreement that puts your child’s needs first.
Are you concerned about the direction of your child custody case? Talk to a skilled North Carolina family law attorney with The Law Offices of John Drew Warlick, P.A. Our team can review your situation and help build a case that offers you and your child the best outcome for your family.
Don’t spend another minute worrying. Call our North Carolina office today for a free case evaluation.
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]]>Many people use the term custody to mean the parent a child lives with. However, that arrangement is actually physical custody, which is only half of the custodial equation. The other half is legal custody, which refers to a parent’s right to make decisions concerning a child’s current and future well-being. That might include:
Both parents can share physical and legal custody. For example, joint physical custody would involve a child living with one parent and then the other. But a parent who does not have joint physical custody might still have a right to joint legal custody. While their child does not live with them, they still have a say in how the child is raised.
Sole custody refers to a parent who is the only one with the right of custody. While a parent could have sole physical custody but share legal custody, the term is most commonly used to describe a parent with exclusive rights to live with and make decisions for their child.
In North Carolina, the guiding principle in custody cases is the best interest of the child. The courts will not award sole custody lightly. That said, there are several reasons why a judge might deem it necessary to grant sole custody to one parent over another:
You or your attorney can request sole custody of your child by filing a complaint. Your child must have lived in North Carolina for at least six months for the state to have jurisdiction in your case. Otherwise, you will likely have to return to the state that heard your last custody matter – provided one of the parents still lives there. You can file your complaint with the family court in the county where your child lives or is physically present or where you reside.
Once you have filed your complaint with the appropriate court, you must have the complaint and a summons served on the child’s other parent. This may be done by a sheriff or through certified mail. A judge cannot rule on your case until the child’s other parent has been served.
Before your case goes to a hearing, the judge will likely send you and the child’s other parent to the Custody Mediation Program. If you and the other parent cannot agree on custody and visitation, then either of you may request that a judge hear your case and render a decision.
A judge in North Carolina will consider a child’s testimony about specific events to better weigh the evidence presented in a hearing. They might also consider a child’s preference on custody if the child has reached “the age of discretion” – meaning an appropriate maturity to understand the situation’s seriousness and have good judgment. State law does not specify this age more explicitly. But the older a child is, the more likely a judge will be to consider their testimony.
While there is no playbook to follow which guarantees that you will win sole custody of your child, there are a few things you can do to improve your chance of success. These include the following:
While you could try to file your complaint, serve the complaint and summons on the other party, and represent yourself at hearings, you should strongly consider working with an experienced child custody lawyer instead. They understand the legal system, know how to complete these steps as quickly and effectively as possible, can protect your parental rights, and will advocate for your and your child’s best interests throughout the process. Crucially, they also understand the potential pitfalls that might cost you sole custody of your child – and how to avoid them.
Are you concerned about the fitness of your child’s other parent? Are you interested in seeking sole custody of your child? Then let The Law Offices of John Drew Warlick, P.A. help. Our three generations of lawyers understand the high stakes in these situations, and we are dedicated advocates for our state’s children. Contact us today to speak with a North Carolina family law attorney about your situation during a confidential consultation.
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