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I was hit by a driver who ran a red light, resulting in damage to my vehicle and personal injuries. I've been to urgent care, prescribed pain medication and muscle relaxers, and have had X-rays that cost $370. I was referred to a chiropractor for a 4 to 6-month course, but haven't started... View More 
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answered on Jun 12, 2025
The answer will depend on your medical bills. You need to keep a good record of your day-to-day recovery and records of your lost wages. In a personal injury suit you are entitled to recoup your medical expenses and an amount for your pain and suffering but the later can vary greatly from... View More
After undergoing sinus surgery, I experienced months of persistent infections. It was eventually discovered through a CT scan that remnants of posisep and silastic stent material were left inside my sinuses. The surgeon did not inform me beforehand that materials might be left behind, and over a... View More
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answered on Jun 2, 2025
Like many legal questions the answer is maybe. The first requirement is to have another medical professional with a similar speciality or practice to say that your doctor breached the relevant standard of care. Once that had been satisfied you must show that you have suffered damages- I.e. pain,... View More
I purchased a lawnmower from Home Depot, and nobody mentioned it was part of a promotion until after my purchase. I've now received a bill that is almost double the purchase price after paying on it for two years. I wasn't given any details about the promotion at the time of purchase, and... View More
answered on May 13, 2025
I'm assuming this was made using a Home Depot credit card that they issued to you. In order to win your argument, you would have to prove that you received monthly billing statements that had no disclosure about the promotional rate. You would also have to prove you did not sign something at... View More
On April 24, 2025, I unboxed an ink cartridge and concealed it in my purse, resulting in receiving a citation for shoplifting merchandise valued at $47.95. This is my first offense, and I have never been in trouble with the law before. I have independently enrolled in a four-hour theft prevention... View More
answered on May 11, 2025
I practice in Haywood semi-regularly, and the ADAs in District Court are reasonable. The class you took was a smart idea and may help you get the result you want. I don't think they are likely to expend any further resources on this type of crime in the way of the diversion programs you... View More
I recently purchased a used vehicle from a private seller about 3-4 weeks ago. The seller informed me of a past accident and showed me a picture. I signed a handwritten statement acknowledging the purchase of the vehicle “as is.” However, the seller did not verbally disclose that the vehicle... View More
answered on May 6, 2025
You can always sue. The question is, will you win and if so, how much. Even if you do win, will you ever be able to collect. I am doubtful that this is a case worth pursuing. If the title he signed over to you was a salvage rebuilt title, the fact that you acknowledged the sale was "as... View More
I was staying at a hotel with a friend who was arrested and has an outstanding balance with the hotel. The hotel is now keeping my belongings, even though I am not responsible for my friend's debts. I've tried to retrieve my belongings, but they have not been returned to me. Can the hotel... View More
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answered on May 4, 2025
In North Carolina, a hotel (or “innkeeper”) does have certain rights under state law to hold a guest’s property for unpaid charges through what’s known as an innkeeper’s lien. However, that lien applies specifically to the property of the guest who owes the debt. The hotel generally does... View More
My husband was involved in an automobile accident while driving his company car and died on the scene. The other driver did not die but suffered non-life-threatening injuries and a total loss of their $100,000 truck. The police report did not state that my husband was at fault, although it... View More
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answered on May 1, 2025
The auto accident liability case is a potential claim against your husband's estate. Yes, your husband's auto insurance might end up actually paying the claim, but the legal mechanism for presenting claims against a decedent is to file them in the probate case. If you had opened a... View More
Law enforcement confiscated my phone, laptop, and Xbox One due to a warrant related to accessing illegal sites and having illegal photos on Google Photos. They specifically asked for my phone password, and I don’t recall providing my laptop password. Would I face any legal issues if I change the... View More
answered on Apr 29, 2025
This depends on whether there are any court orders or bail conditions that may prevent you from accessing digital devices. If not, and If you need to change your phone number to regain access to your Microsoft account, you are entitled to do this. Although your devices may have been seized, this... View More
I'm considering taking someone to small claims court for damages related to carpentry work that was done incorrectly. The individual has filed for bankruptcy, which is still ongoing. I have tried to resolve the matter outside of court but have not interacted with the bankruptcy trustee. Can I... View More
answered on May 9, 2025
Absolutely not. That would be a violation of the automatic stay. Chances are highly likely that your claim will be subject to the discharge injunction when the bankruptcy is closed, so you cannot sue them after the bankruptcy is over. Do not sue and do not contact the person demanding payment. If... View More
My deceased uncle has a bank account with Bank of America in the US, which has been unclaimed for 20 years. I am helping my cousin, who cannot speak English well, to address this matter. My cousin has a single bank account document but hasn't reached out to Bank of America yet. We are unsure... View More
answered on Apr 27, 2025
Check the clerk's office (Estates) in the county where your relative last resided, to see if an estate was ever opened. If so, look to see if the account was distributed. Also, you can check online at NCCASH to see if the money was handed over to the state. If so, you'll need to follow... View More
I am concerned that Kaplan Test Preparation's "All Access" program, which provides free test preparation courses to university students in exchange for the universities’ agreement not to introduce competitors, constitutes a monopoly over certain universities. This exclusivity... View More
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answered on Apr 23, 2025
Exclusivity agreements, where a buyer agrees to purchase only from a particular seller for a set period of time, are a common form of nonprice vertical restraint and are not per se unlawful under U.S. antitrust law. Courts analyze such arrangements under the rule of reason, weighing both their... View More
I have a legal issue with Ilderton Dodge in High Point, NC, where faulty parts were installed in my Dodge Journey, leading to a blown head gasket. The installation occurred in June 2024, with several subsequent visits failing to resolve the problem. By January 2025, after a second opinion and... View More
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answered on Apr 16, 2025
For the issues you are facing with Ilderton Dodge in High Point, NC, it would be prudent to consult a consumer protection attorney or a lawyer specializing in automotive law. These legal professionals are well-versed in handling cases involving faulty product installations, warranty disputes, and... View More
I live in a "private" community managed by an HOA, where residents are required to purchase parking permits and badges to use our amenities, such as a private lake and trails. Despite signage indicating "private, residents only - towing enforced," the HOA management allows... View More
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answered on Apr 16, 2025
In North Carolina, homeowners' associations (HOAs) have a fiduciary duty to act in the best interest of the community, which includes enforcing rules and regulations that are established by the residents or the governing documents. This duty is generally derived from the governing documents of... View More
I live and work in North Carolina, and my employer, who owns the company, often contacts me outside of work hours to criticize my sexuality, sending me messages such as a link to a Facebook article on "how to stop being gay." I have saved these text messages. To my knowledge, there is no... View More
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answered on Apr 16, 2025
Kirk is completely correct in his answer. Just providing a little additional color.
In North Carolina, workplace harassment based on sexual orientation may be actionable under certain circumstances. While North Carolina does not have a state law that explicitly prohibits discrimination... View More
I hired a personal advisor who arranged to house my money at Schwab. Initially, communication was good, but once the money started transferring, the advisor stopped communicating. I attempted to contact her several times without any assistance. Although we haven't lost any money, $1,350 was... View More
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answered on Apr 24, 2025
If your financial advisor stopped communicating after the transfer of funds and $1,350 has been taken from your account, you should take the following steps immediately to protect your interests:
Document Everything: Keep records of all communications with the advisor, including emails,... View More
I registered the trademark "Kinzaap Kitchen" in June 2024. Recently, I discovered another restaurant named "Kinzaap Thai Restaurant" operating in a different state. I have not yet taken any legal action or sent a cease and desist letter to them. Can I ask them to stop using the word "Kinzaap"?
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answered on Apr 13, 2025
Possibly. It is advised that you speak to counsel.
However, if the "infringer" is using a similar name prior to your federal registration, then they might be protected by common-law trademark rights. If you need more information, then I would recommend reading "Burger King... View More
In North Carolina, is it legal for an independent car salesman to avoid obtaining a dealer's license by purchasing and selling cars under multiple LLCs to stay under the five-cars-per-year limit? In this scenario, there are active complaints as the salesman sells cars under a "rent to... View More
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answered on Apr 10, 2025
Please refer to North Carolina General Statutes Section 20-286(11)(a)(2) which states that a Motor vehicle dealer or dealer is defined as "[a] person who... [o]n behalf of another and for commission, money, or other thing of value, arranges, offers, attempts to solicit, or attempts to... View More
I, as a parent, gave property to my child but retained a lifetime right to the property. Currently, the deed specifies that the child gains the property after my death. However, I would like to dissolve this agreement and take the property back, but the child does not want to return it. Given these... View More
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answered on Apr 9, 2025
If you executed a deed which gave a remainder after your life estate, which was delivered and recorded, then no, you cannot revoke the conveyance of a vested remainder. Your lawyer should have told you about the finality of such a future interest deed. The remainderman can convey back his... View More
I've inherited land from my parents that we've owned and paid taxes on for over fifty years. Recently, when I went to pay taxes and transfer the land into my name, I discovered that part of it, approximately 30 acres, had been changed to another person's name without my knowledge.... View More
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answered on Apr 8, 2025
You have a boundary dispute and/or adverse possession problem. Go to the property first and look for signs of possession, such as cutting timber. Hire a NC attorney that does real property litigation. It will be difficult and expensive. Get name and address of possessor. Suit for... View More
I am 17 years old and recently got into a car accident where I rear-ended a woman because she came to a complete stop before turning right. The police arrived at the scene and filed a report. Her car had no damage, but she started acting like her neck was hurting and was taken away by an ambulance.... View More
answered on Apr 7, 2025
A North Carolina attorney could advise best, but you posted last week. Do you mean doing things like investigating on your own or confronting her with your suspicions? NO, you DO NOT want to do that. Leave things up to your insurance company. If she claims she suffered injuries, the best thing you... View More
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