Get answers to the most frequently asked questions about auto injury claims, workers' compensation claims, and divorce & custody cases
Questions about an injury claim, workers’ compensation claim or a divorce or custody issue? We want you to call us and ask your questions at (910) 341-7570. There is almost always a lawyer available to speak with you. The call is free and there is no obligation. If you prefer, you can gather more information on this site before you call. We answer many of the most frequently asked questions here.
Personal injury law is the body of law that relates to compensation for injuries that are caused by others. No one ever wants to be injured. We go through our lives trying to avoid injuries. We tell our children “Be… Read More
Personal injury law comes from the law relating to torts in civil law. Tort law governs the rights and responsibilities of the unintentionally injured. Intentional or purposeful injuries are usually addressed by criminal law. Thousands of cases have shaped personal… Read More
At Speaks Law Firm, we’re happy to hear you are recovering from your injuries. Frankly, you were luckier than many other crash victims. North Carolina motorcycle accidents where a rider is thrown from his vehicle have an extremely high fatality… Read More
Yes. Specifically, you will want to file a wrongful death lawsuit against the driver who caused your truck accident in North Carolina. When someone is injured as a result of another person’s negligence, he has the right to file a… Read More
No doubt you have noticed that every state has its own rules about motorcycle helmets. For instance, in South Carolina, the law only requires that riders under age 21 must wear helmets. In contrast, since 2008 North Carolina has required… Read More
When a jury decides the damages you receive for a personal injury case, they will consider the amounts your attorney requests for the various categories of losses you have suffered: medical bills, permanent disability, lost income from work, emotional suffering,… Read More
You have two questions there. Let’s address them in the order you give them. “Will my case go to trial?” Probably not, although we can’t say with absolute certainty. A North Carolina personal injury lawsuit, such as your truck accident case,… Read More
You say that you weren’t seriously injured. How can you know that? If you think your injuries were unimportant, you probably haven’t gone to the emergency room or even your family doctor to get checked out. Our concern is that… Read More
What is different about a serious injury cases from your lawyer's perspective? It is raining. I am driving in 5 o’clock traffic in Charlotte, North Carolina. “I’ll call you back,” I say to the person on the phone as my… Read More
Finding the Right Lawyer Once you have determined that you should speak with an attorney about a legal issue, another question immediately arises. Who? How can you find the best lawyer for my case? Recently, I friend of mine asked… Read More
Who will pay for my injuries when another person was careless or negligent? An experienced personal injury lawyer in Wilmington, North Carolina, can help. We all have an obligation to each other to act responsibly. We must conduct ourselves… Read More
State law requires each vehicle owner to carry at least $30,000.00 of liability insurance coverage. You can purchase more. Many people carry at least $100,000 in liability coverage per person and $300,000 per occurrence. The liability insurance policy for the… Read More
Wilmington, North Carolina Auto Accident Lawyers Created a Checklist to help you after a car wreck. Auto Accident Injury Checklist Write down the date and details of the accident. Take photos that will tell the story of the accident, your injuries… Read More
After an auto accident, work place injury or industrial accident, your goal is to get back to where you were before the accident. That includes fair compensation. An insurance adjuster may try to talk with you. There are critical things you… Read More
Services We Provide for Free FREE Medical Referrals (even if you don't have insurance) Free Rental Car Assistance Free Vehicle Damage Claims Assistance (We can help you avoid expensive mistakes and explain the process.) FREE Consultation No Fee Unless we recover… Read More
After an auto accident, you should first take inventory of those involved, including yourself, your passengers, other drivers, their passengers, and pedestrians. If anyone is injured, you must contact law enforcement. Safety is your first priority. Nothing is more important… Read More
There are two reasons why you should seek immediate medical attention after an auto accident if you think there is any possibility that you are injured. First, we should all do everything we can to protect and preserve our health.… Read More
After an auto accident, it can be difficult to know if you have a good case or a bad case. You are probably not familiar with many of the words and concepts that are involved in an injury claim. Attorneys… Read More
As a kid, I spent a lot of time on the water. I remember seeing a sign at a local marina that read, “DO RIGHT.” Simple and to the point, the message was clear. It was a message worth remembering.… Read More
In determining the value of your claim, we take the facts of your case and look ahead. We project what a jury will award after a trial in the specific geographic region where we would try your case. This is… Read More
Securing a fair settlement offer is not magic. You don’t get fair compensation because of whom you know. Fair compensation is not the product of intimidation, “smooth talking,” or “bulldogging.” It is the result of hard work, knowledge, experience, organization,… Read More
You are not legally required to use an attorney to settle an auto injury claim. And, after an auto accident injury, you have more bills and less income. The last thing you want is to pay for something you don’t… Read More
Choosing a professional can be difficult. For example, before an NFL team selects a quarterback, they gather reliable information. They watch hours of film. They conduct interviews. They ask the player to submit to rigorous physical and psychological evaluations. They… Read More
Communication is an important component of any attorney-client relationship. Great lawyers communicate openly with their clients. That does not mean that they sit by the phone, waiting to answer any question you have the moment it pops into your head.… Read More
If you have been injured, you want a fair settlement, quickly. The last thing you want is to go to court. Most cases never go to court. If you don’t want to go to court, why should you want an… Read More
Your lawyer’s skill can have a direct impact on the amount of your settlement. Skills necessary for effective representation in injury cases include listening, organizing, negotiating, arguing, and communicating. There is no better place to develop those particular skills than… Read More
This is an opportunity for you to address your problem directly, immediately, and with confidence. You don’t have to guess anymore. You don’t have to depend on appearance, opinion, or speculation. You can call and speak to an experienced professional… Read More
You should have a free consultation with an experienced personal injury lawyer and then decide. Injury cases involve three issues: (1) Liability (2) Damages and (3) Money. Under the above-described circumstances, the insurance company may accept liability. An insurance company… Read More
You can breathe a little easier. A police report is not conclusive for a North Carolina personal injury lawsuit. A police report is an attempt, by the officers on the scene, to puzzle out the sequence of events that led… Read More
Yes, there are a few important differences between those two situations. We outline some of the highlights below: Severity Because of the enormous difference in mass between a conventional passenger sedan and a big rig truck, a collision involving a… Read More
We’re sorry to hear you are having trouble with your insurance adjuster—but we’re not surprised. Adjusters work on behalf of the insurance company, not on behalf of your best interests. Adjusters know that immediately after an accident, they can offer… Read More
It could be either. From the description you gave, however, there is enough reason to suspect negligence and to begin an investigation. Tires are essential to providing stability to an 18-wheeler or tractor-trailer truck. One reason those vehicles have so… Read More
I have a personal injury lawsuit in New Hanover County. Will I actually have to appear in court for my truck accident case? Maybe, maybe not. Almost all motor vehicle accident lawsuits are settled out of court. A civil trial… Read More
If I win my North Carolina auto accident injury lawsuit, do I have to repay my health insurance company? Maybe. It depends on your health insurance policy. If you are covered by medical insurance, your insurer may have paid for… Read More
I just bought my first motorcycle. I’m a little concerned about safety. My friends think that’s funny. Are they right to say that motorcycle crashes are no big deal? Yeah, we’ve met some bikers like that too. One guy we… Read More
Any property owner has a duty to provide reasonably prudent care for the safety and well-being of people who are present on the premises. The law says that the obligation varies a bit depending on the nature of the relationship… Read More
Statistics from the National Fire Protection Association indicate that approximately 384,000 residential fires in the United States in 2010 caused 13,800 injuries and 2,665 deaths. While the deaths represent enormous—and potentially avoidable—tragedies, the nonfatal injuries also merit attention. In many… Read More
First of all, we want to say how sorry we are to hear about your loss. A lawsuit for the early death of a family member caused by the negligence of another is called a wrongful death lawsuit. Legal jargon… Read More
Landlords, property owners, and others who are in control of property have a responsibility to maintain the premises in a safe condition. That means they may be responsible if you are injured by a dangerous condition or their failure to… Read More
TBI is a traumatic brain injury. It typically results from trauma or impact to the head but can be caused by other means. It can result from an open or closed head injury. TBIs can affect people in may different… Read More
I was in a car accident where I hit my head. I have headaches. My wife says it has affected my mood. What is going on? We are learning more and more about Traumatic Brain Injuries (TBIs). NFL players… Read More
Who should pay? The driver who causes an auto accident is responsible for the harm he causes. In car wreck cases, harm usually comes in the form of property damage and bodily injury. The driver’s auto insurance company has employees who are… Read More
Most auto collisions are caused by the inattention of one or more of the drivers involved. The responsible driver is usually cited by the investigating officer. The citation shows what the responsible driver did to cause the collision. It is important evidence… Read More
Auto Collision Property Damage Claims Auto collisions produce two types of claims. You may have a claim for property damage resulting from damage to your car. You may also have a separate claim for personal injury resulting from injuries to… Read More
How much will the insurance company offer? If you have been injured in an auto or truck accident, the insurance adjuster has information that you do not have. Insurance adjusters are knowledgeable and experienced. They are not necessarily bad people, but… Read More
Look before You Buy Call us at (910) 341-7570. Ask all the questions you can think of and then decide if you feel like an attorney will help. After you have all of the information, you will be in… Read More
One thing that separates us from other law firms is the comprehensive nature of the service we provide. For example, we provide the following services FREE for the people we represent in auto injury claims: FREE Medical Referrals (even if you… Read More
If I were you, I would ask that same question. How can you just give something away like that? We have all learned the hard way about “the fine print." You just want to read it and understand what it says. The… Read More
You are smart, tough and organized. You have dealt with insurance companies before. You deal with professionals all of the time. It was clearly the other guys fault. They have accepted liability. What is the big deal? Why do… Read More
Why Finding the Right Lawyer is Important North Carolina law requires those who cause auto accidents to pay for the expenses that result. The at-fault driver is required to have auto insurance for this very reason. Insurance companies employ insurance adjusters. Insurance adjusters work to… Read More
You need to talk to an experienced injury lawyer as soon as possible. The consultation is free. The information you receive will be very helpful to you before you have additional discussions with the insurance adjuster. Tractor-trailer truck accident cases… Read More
If you were hurt at work, then you may have a workers’ compensation claim. You may have a claim even if your mistake caused your injury. Your claim may be valuable. If you are like most people, you just… Read More
If you’ve suffered an injury on the job, there are certain steps you should take as soon as possible. The first and most important step is to seek medical attention for your injury. Your well-being is always the most important… Read More
Ideally, the entire filing process should be led by your employer. That’s assuming, however, that your employer and your employer’s insurance carrier follow the proper procedures. Many employers and insurance companies are more interested in their bottom line than anything… Read More
Workers’ comp is a no-fault system, which means that you’re covered regardless of who is at fault including yourself. While this is the general rule, it doesn’t always apply equally to every case. Knowingly disobeying safety practices could, in some… Read More
The answer to this question will vary from case to case and largely depends on the severity of your occupational injury or illness. In general, workers’ comp is meant to cover your medical bills and lost wages during your recovery,… Read More
In the state of North Carolina, it is legally required for an employer with three or more employees to have workers’ comp insurance in accordance with the North Carolina Workers’ Compensation Act. This applies to all businesses including LLCs, partnerships,… Read More
Divorce Custody and Family Law Lawyers in Wilmington NC on Temporary and Permanent Child Custody Read More
A temporary custody order establishes a court ordered or approved arrangement, so the parents have a set plan in place for custody. Once a party has filed for custody, it can take weeks or months before the parties, attorneys and… Read More
No, you don’t have to hire one. However, it may be in your best interests to hire an experienced North Carolina divorce lawyer, even if you are planning a no-fault divorce. All states now have some form of “no-fault” divorce… Read More
You have your priorities right. You both recognize that the long-term well-being of your kids has to be the top consideration in determining the way you end your marriage. A North Carolina divorce has tremendous potential to inflict lasting pain… Read More
At some point, yes, you will want local legal representation. You certainly need legal advice immediately. As a service member on active duty, you can get free legal advice through the military’s legal division, the Judge Advocate General (JAG) Corps.… Read More
I have a child custody and or child support order and the other parent is not paying; what can I do? What is contempt? There are several ways to ensure payment of child support once there is an order in… Read More
My husband and I were married in Dallas in 2009. Even though we were married in Texas, can we get a divorce in North Carolina? Yes. Article IV, Section 1 of the United States Constitution contains what is called the… Read More
How can I return to using my maiden name after my divorce? Do I have to wait a certain period of time? In North Carolina, you are allowed to call yourself anything you want, as long as you don’t do… Read More
No, there is no such thing as common law marriage in North Carolina. Most jurisdictions in the United States have discarded the notion that couples can declare themselves married simply by living together as man and wife for a period… Read More
Stop worrying. Your wife doesn’t get to veto your divorce. She doesn’t “give you” a divorce; only the North Carolina courts grant divorces. Divorce in North Carolina is a no-fault system, called absolute divorce. The marriage can be dissolved when… Read More
Let’s answer the last bit of your question first: Yes, it’s probably unromantic. But that’s only to be expected—love and romance aren’t practical things. They tend to be all consuming. They are focused on the here-and-now and don’t look forward… Read More
Legal emancipation is possible in North Carolina for people aged 16 and 17. A child who has been emancipated by court order is no longer under the authority of his parents. His parents no longer have the obligation to support… Read More
Maybe. Before your divorce, as you may recall, you had to fulfill the residency requirements for a North Carolina divorce. That means either you or your wife must have lived in the state for at least six months before the… Read More
There’s no reason why you should have to take on this burden alone. It takes two people to make a baby, and both of them are legally responsible for the child’s wellbeing. Your ex-boyfriend no longer has the chance to… Read More
Confronting him may seem like a satisfying way to vent your anger, but it’s not usually a helpful approach. You admit now that you have “suspicions,” but perhaps no real proof. What will you do if he denies your accusations?… Read More
First of all, relax. Meeting with a North Carolina divorce attorney isn’t going to be a stressful occasion. We admit it’s not going to be a happy occasion by any means—you are, after all, going to be talking about the… Read More
Our grandmothers were homemakers. They were cooked, cleaned and cared for children. Men worked. After a long day they sat down, put their feet up and read the paper. They watched the news and played golf on Saturdays. … Read More
What Causes Divorce? There are lots of different causes for divorce. Every case is different. However, in my experience three factors contribute more than most. First, constant disagreement over financial issues causes many marital problems. Income, expenses, savings, investments and… Read More
Wilmington Divorce Attorney Ashley Smith Is it absolutely necessary? When considering divorce, it is important gather information and consider it carefully. At Speaks Law Firm, we don't encourage divorce. We don't take it lightly. We understand how families are affected.… Read More
North Carolina Family Lawyer: Rule 1 – Do No Harm Divorce and custody cases can be heartbreaking and painful. They are almost always emotionally and legally challenging for all of those involved. Because most divorce and custody cases are… Read More
At Speaks Law Firm our focus is on you and your priorities. What do you want to accomplish? What is important to you? What are your concerns? We work on each family law case like it is our only case. … Read More
Many of my clients share the same concern when it comes to separation and divorce. They have been living separately from their spouse for some time, but have not filed for “legal separation”. They are concerned that this will prevent… Read More
Wilmington, NC Divorce and Custody Lawyers The Increased Role of Fathers in the Modern Family Too many times today we see judges rule against men in divorce and custody cases, our firm has devoted a significant quantity of its family law practice… Read More
This website is not intended to be a substitute for legal advice. It is designed to give you the information you need to get started and to be knowledgable about the process as you search for the best injury lawyer, the best workers’ compensation lawyer, or the best divorce lawyer for you.
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