DeVore, Acton & Stafford Blog
Posted in Injuries, North Carolina, Personal injury on Thu March 22, 2018
Tort Reform and the Misunderstanding of the McDonald’s Hot Coffee Case
Not long ago, College Humor created a comedic, but entirely accurate, video short about the infamous McDonald’s Hot Coffee lawsuit. To this day, many people’s understanding of the McDonald’s case goes something like “old lady spills coffee on herself, then she and her lawyer sue McDonald’s for millions.” This narrative was adopted and pushed by many large corporations – particularly insurance companies and tort reform advocates –
Continue reading Tort Reform & the Misunderstanding of the McDonald’s Hot Coffee Case
Posted in Accidents, Insurance, Wrongful Death on Fri June 9, 2017
When someone tragically dies in an automobile accident or as the result of the negligence of someone else, it may give rise to what is known as a “wrongful death action.” There is substantial confusion about what this means. We are often asked to explain the process.
What constitutes wrongful death?
The first step is to determine if there is liability. In some states, such as North Carolina, if the person who was injured or died contributed to the accident in some way,
Continue reading What is a “Wrongful Death” Action?
Posted in North Carolina on Fri June 2, 2017
The North Carolina House of Representatives’ Appropriations Committee has proposed a provision for the 2017 Budget entitled “Eliminate Access to Civil Justice Funds.” If enacted as written, this provision would eliminate approximately $1.7 million in combined funding for Legal Aid of North Carolina, Legal Services of Southern Piedmont, and Pisgah Legal Services. Eliminating Access to Civil Justice Funds would cause drastic reductions in legal aid agencies’ services to those most in need, undermining equal access to justice for North Carolina citizens.
Continue reading Budget Provision Eliminates Legal Aid Funding
Posted in Dangerous Trees, Insurance, Real Estate on Fri April 21, 2017
One of the most beautiful sights in our southern cities are the awe inspiring large trees that line many of our streets. Yet, these majestic beauties mask a hidden danger. As leaves begin to appear on large oaks and other deciduous trees, strong winds have more of an increased impact on the stability of the tree than in the winter when there are no leaves. This is called the “sail effect” because the leaves catch more of the wind and create more stress on the trunk and root system.
Continue reading Danger in the Trees
Posted in Condemnation Cases, Eminent Domain, Real Estate on Fri April 14, 2017
In the first two articles, which you can read here and here, we explained the concept of condemnation and methods of determining the value of your property. We now need to look at the cost of a condemnation proceeding.
Out of Pocket Eminent Domain Costs
As a general rule, the cost of obtaining an appraisal is not recoverable. So you have to weigh the cost of employing an appraiser versus the amount you might be seeking.
Continue reading Condemnation (Eminent Domain) Part III
Posted in Condemnation Cases, Real Estate on Fri April 7, 2017
Last time, we began to discuss the condemnation process. As we explained previously, if you and the condemnor (the entity taking your property) cannot agree on the reasonable value of the property, the condemnor will proceed with the filing of a condemnation action and will instantly become the owner of the property they are seeking. But, the condemnor has to deposit with the court the amount of their last offer, or the amount the condemnor reasonably believes is just compensation for the taking.
Continue reading Condemnation (Eminent Domain) Part II
Posted in Condemnation Cases, Real Estate on Fri March 31, 2017
Condemnation (sometimes called eminent domain) is the right of the government (or sometimes a private utility company) to take a person’s property for the better good of the public. The property owner rarely welcomes the taking of one’s property. Examples of condemnation actions would be the need for the Department of Transportation to build roads, or a county to build a school, storm water or sewer system. In Charlotte, North Carolina, many properties are being taken for the light rail projects.
Continue reading Condemnation (Eminent Domain): What You Need To Know
Posted in Accidents, Automobile insurance, Insurance, Motor Vehicle Accidents on Fri March 24, 2017
In previous blog posts we discussed the different types of automobile insurance available in North Carolina.
The coverages below may be purchased in addition to your basic automobile coverage. You will be charged an additional premium for electing these options.
Automobile Death Indemnity, Specific Disability and Total Disability Benefits Coverage
This endorsement will provide a benefit for death, dismemberment, specific disability and total disability resulting from an automobile accident.
Miscellaneous Type Vehicle Endorsement
Continue reading Other Types of Automobile Insurance Coverage in NC
Posted in Accidents, Automobile insurance, Insurance, Motor Vehicle Accidents, Personal injury on Fri March 17, 2017
First, you need to understand the difference in these two types of coverages. Uninsured coverage (abbreviated as UM on your declarations page) is for situations where the person who caused the accident did not have insurance at the time of the accident (even though to not have insurance is against the law). It is required in all automobile insurance policies and covers personal injuries and property damage you might sustain due to another person’s negligence in causing the wreck.
Continue reading Uninsured and Underinsurance Automobile Coverage
Posted in Automobile insurance, Insurance, Motor Vehicle Accidents, Personal injury on Fri March 10, 2017
When your car is damaged in an accident, it is possible that the person who caused the accident may not have enough coverage to repair or replace your vehicle. If you have optional collision coverage in your own automobile insurance policy, it can be used to help pay for this damage. Using your collision coverage will not increase your insurance premium unless you were at fault.
Also, sometimes when you are involved in an accident the other insurance may move slowly in paying for your car.
Continue reading Collision and Comprehensive Automobile Insurance Coverage in NC