North Carolina Litigation Legal Questions

Yes, you can and you should.  Ideally, you should hire the attorney who already reviewed your case and determined that your rights were violated.Civil rights cases are fairly complex and require the assistance of an experienced attorney who practices in that particular area of law.  Most attorneys do not know that area of law well enough to provide competent, well-informed advice.The fact that you already found one who reviewed your case and determined that your rights were violated is propitious.  Hire him or her and make sure you properly fund your lawsuit.  Many litigants in your situation give up because of the high cost of legal fees in this type of case, and the low probability of successfully recovering anything.  ... Read More

You can sue the neighbor for the damges you have incurred, although I do  not think that the increase in your insurance rates would be recoverable.  You have a claim based both on the original incident (i.e. claiming that the neighbor is responsible for the damage caused byi its tree falling) and the settlement agreement (where the neighbor agreed to pay your deductibe to settle the matter).  To the extent that your insurance company paid anyghing due to the incident, it is subrogated to your rights against the neighbor, meaning that the insurere has the right you would have had to sue the neighbor, had you paid for those damages yourself.... Read More

First of all, notify your insurance company immediately.  Unless there is s omething unusual about your policy, it will provide you with an attorney.  Second, of course you are being sued; in an accident case especially, you sue everyone who could possbily be held liable, expecially anyone who has insurance coverage.  The plaintiff has nothign to lose by naming everyone he/she can.  That is why I am very surprised that the mechanic and repair shop aren't being sued as well, but you can cross-claim agiainst them when you answer the complaint.... Read More

The lawyer hired by your brother presumably represents your father's estate and its executor, not you.  If your brother the executor can't, or won't, answer your questions to your satisfaction and you feel that you need an attorney to protect your rights, you will have to hire your own.... Read More

If he did the work improperly< there is a chance you could win and not have to pay anything, or at least may be able to deduct any damages the shoddy workmanship caused from the value of the services provided.    If, however, the work was done properly and your objection is solely to the highhanded way he went about things, you would probably owe him the fair value of the work  (what isknown as quantum meruit), which may well be lower than what would have been the contract price, but would be what a court determines is a fair price for the services provided to you and benefit ocnferred on you.... Read More

You have asked whether or not your boyfriend's grandmother could press charges for damage to a room and, if so, what kind of proof she would need to prevail. You have also asked what you would need to contest the charges. First, she could proceed both civilly and criminally. In order to prevail on charges in criminal court, she would need to show the room was in good repair before you moved in and was damaged when you vacated. Your defense would probably be that the room was damaged when you began staying there or that your boyfriend damaged the room and you did not. It is best if you have photographs or the testimony of witnesses to support your position in this regard. If she were to prevail, a court might order restitution as part of a sentence – that is, the court might order you to pay for reasonable repairs. A criminal case has a higher standard of proof than a civil case. Much will depend on your boyfriend’s testimony about the situation. In order to prevail on charges in civil court, she would also need to show the room was in good repair before you moved in and was damaged when you vacated. Your defenses would be the same as above and your best defense would be to have photographs or the testimony of witnesses to support your position in this regard. If she were to prevail, a jury could award her a certain amount of money to pay for reasonable repairs. Again, the outcome may depend on your boyfriend’s testimony about the situation. In communications with the grandmother’s family, make certain you have witnesses present at all times. If the communications from some of these people are as you describe them, they may constitute a crime. If you have witnesses, you should inform your local law enforcement agency and file a complaint. This answer is made available with the understanding that I am not engaged in providing professional legal advice and this does not establish an attorney-client relationship with the questioner. This answer is general and not specific: Precise details of the facts in your matter may have a significant impact on the outcome of your particular matter. Before relying on material on the site users should obtain appropriate professional legal advice as to your particular situation. My comments may include opinions, recommendations or other content from third parties that do not necessarily reflect this author's views. Links to other Web sites are included for the user's convenience and do not constitute this author's endorsement of the material on those sites, or any associated product or service. The listing of a person or company in any part of this site in no way implies any form of endorsement by this author of products or services provided by that person or company. The user is advised to consult an attorney legal advice as to your particular situation. A user may wish to consult his or her own lawyer or another lawyer instead of me. A user may obtain information about other lawyers by consulting the Yellow Pages or by calling the South Carolina Bar Lawyer Referral Service in Columbia, South Carolina. If a user has already engaged a lawyer in connection with the legal matter referred to in a communication, the user should direct any questions to that lawyer. The exact nature of a user's legal situation will depend on many facts not known to me. The advice and information in this communication is general and that the user's situation will vary. ... Read More

Have the parties reached an agreement yet or are they still bargaining?  If an agreement was already reached, and has not been breached, neither party has the right to change it (for example, by requiring that the other produce tax returns every year if that was not part of the original agreement) without the other's consent.  If no agreement has yet been reached, however, either  party can demand any condition they want (other than illegal acts, such as a provision that one party will supply the other with cocaine).  The other party can either accept the proposed term, or not, in which case there is no contract.... Read More

You are not able to unilaterally end the relationship. If the other members vote to end the LLC, then yes. However, without an operating agreement, you are left to operate as the statute demands. 57D-5-05. No right to voluntarily withdraw capital or terminate obligations. Except as otherwise required by this Chapter or other applicable law, an interest owner may not (i) withdraw or compel the company to purchase or otherwise liquidate all or any portion of the equity owner's capital interest or (ii) extinguish, abandon, or otherwise diminish the interest owner's obligations in respect of the interest owner's ownership interest. (2013-157, s. 2.) In other words, the other Members must agree.... Read More

There is no formula to determine what a case is worth. Each case is different and the value depends on a number of factors including, strength of liability, amount of medical expenses, whether there is permanent injury, and lost income or earning capacity. The best way to determine a reasonable value for your case is to seek the advice of an attorney who is experienced in handling similar cases. The attorney can do a thorough evaluation of all of the facts and come up with a value range for the case.... Read More

The question is not whether the DA can prove you did it. you did not say you did not do it so I assume you did. Why do you think you have some kind of claim? Help me out here. DA and police have a lot of immunity from lawsuits. Otherwise everyone would sue the DA and the police wouldn't they?... Read More

Probably nothing! It may be possible to file an injunction but that would be a lot of time and expense for something that may be denied. The best course of action for the future is don't send anything you would not want to become public. Besides when you say 'public' its more likely just your limited circle of family and friends - there is not going to be a line of people just dying to see your texts to person 'A'.... Read More

The Court date doesn't matter for limitations purposes, just the date the claim is interposed which (depending on the jurisdiction; I don't know about NC) can be either the date the action is started in the Court or the date the defendant is served.  You will need to prove ownership, and while your testimony may be sufficient, having an objective witness couldn't hurt.  Documentation (receipts, invoices, etc.) would be even better.... Read More

No case here. why should the bus co search THEIR BUS FOR SOME MISTAKE YOU MADE?what makes you think you can force people to do your bidding? A lot of folks seem to think this way now. if things don't go their way they want to sue, they want to force people to do their bidding. Funny attitudes.... Read More