Child Support and how it works in North Carolina.

§ 50-13.4.  Action for support of minor child.

(a)        Any parent, or any person, agency, organization or institution having custody of a minor child, or bringing an action or proceeding for the custody of such child, or a minor child by his guardian may institute an action for the support of such child as hereinafter provided.

(b)        In the absence of pleading and proof that the circumstances otherwise warrant, the father and mother shall be primarily liable for the support of a minor child. In the absence of pleading and proof that the circumstances otherwise warrant, parents of a minor, unemancipated child who is the custodial or noncustodial parent of a child shall share this primary liability for their grandchild's support with the minor parent, the court determining the proper share, until the minor parent reaches the age of 18 or becomes emancipated. If both the parents of the child requiring support were unemancipated minors at the time of the child's conception, the parents of both minor parents share primary liability for their grandchild's support until both minor parents reach the age of 18 or become emancipated. If only one parent of the child requiring support was an unemancipated minor at the time of the child's conception, the parents of both parents are liable for any arrearages in child support owed by the adult or emancipated parent until the other parent reaches the age of 18 or becomes emancipated. In the absence of pleading and proof that the circumstances otherwise warrant, any other person, agency, organization or institution standing in loco parentis shall be secondarily liable for such support. Such other circumstances may include, but shall not be limited to, the relative ability of all the above-mentioned parties to provide support or the inability of one or more of them to provide support, and the needs and estate of the child. The judge may enter an order requiring any one or more of the above-mentioned parties to provide for the support of the child as may be appropriate in the particular case, and if appropriate the court may authorize the application of any separate estate of the child to his support. However, the judge may not order support to be paid by a person who is not the child's parent or an agency, organization or institution standing in loco parentis absent evidence and a finding that such person, agency, organization or institution has voluntarily assumed the obligation of support in writing. The preceding sentence shall not be construed to prevent any court from ordering the support of a child by an agency of the State or county which agency may be responsible under law for such support.

The judge may order responsible parents in a IV-D establishment case to perform a job search, if the responsible parent is not incapacitated. This includes IV-D cases in which the responsible parent is a noncustodial mother or a noncustodial father whose affidavit of parentage has been filed with the court or when paternity is not at issue for the child. The court may further order the responsible parent to participate in work activities, as defined in 42 U.S.C. § 607, as the court deems appropriate.

(c)        Payments ordered for the support of a minor child shall be in such amount as to meet the reasonable needs of the child for health, education, and maintenance, having due regard to the estates, earnings, conditions, accustomed standard of living of the child and the parties, the child care and homemaker contributions of each party, and other facts of the particular case. Payments ordered for the support of a minor child shall be on a monthly basis, due and payable on the first day of each month. The requirement that orders be established on a monthly basis does not affect the availability of garnishment of disposable earnings based on an obligor's pay period.

The court shall determine the amount of child support payments by applying the presumptive guidelines established pursuant to subsection (c1) of this section. However, upon request of any party, the Court shall hear evidence, and from the evidence, find the facts relating to the reasonable needs of the child for support and the relative ability of each parent to provide support. If, after considering the evidence, the Court finds by the greater weight of the evidence that the application of the guidelines would not meet or would exceed the reasonable needs of the child considering the relative ability of each parent to provide support or would be otherwise unjust or inappropriate the Court may vary from the guidelines. If the court orders an amount other than the amount determined by application of the presumptive guidelines, the court shall make findings of fact as to the criteria that justify varying from the guidelines and the basis for the amount ordered.

Payments ordered for the support of a child shall terminate when the child reaches the age of 18 except:

(1)        If the child is otherwise emancipated, payments shall terminate at that time;

(2)        If the child is still in primary or secondary school when the child reaches age 18, support payments shall continue until the child graduates, otherwise ceases to attend school on a regular basis, fails to make satisfactory academic progress towards graduation, or reaches age 20, whichever comes first, unless the court in its discretion orders that payments cease at age 18 or prior to high school graduation.

(3)        (See Editor's note for applicability) If the child is enrolled in a cooperative innovative high school program authorized under Part 9 of Article 16 of Chapter 115C of the General Statutes, then payments shall terminate when the child completes his or her fourth year of enrollment or when the child reaches the age of 18, whichever occurs later.

In the case of graduation, or attaining age 20, payments shall terminate without order by the court, subject to the right of the party receiving support to show, upon motion and with notice to the opposing party, that the child has not graduated or attained the age of 20.

If an arrearage for child support or fees due exists at the time that a child support obligation terminates, payments shall continue in the same total amount that was due under the terms of the previous court order or income withholding in effect at the time of the support obligation. The total amount of these payments is to be applied to the arrearage until all arrearages and fees are satisfied or until further order of the court.

(c1)      Effective July 1, 1990, the Conference of Chief District Judges shall prescribe uniform statewide presumptive guidelines for the computation of child support obligations, including retroactive support obligations, of each parent as provided in Chapter 50 or elsewhere in the General Statutes and shall develop criteria for determining when, in a particular case, application of the guidelines would be unjust or inappropriate. The purpose of the guidelines and criteria shall be to ensure that payments ordered for the support of a minor child are in such amount as to meet the reasonable needs of the child for health, education, and maintenance, having due regard to the estates, earnings, conditions, accustomed standard of living of the child and the parties, the child care and homemaker contributions of each party, and other facts of the particular case. The guidelines shall include a procedure for setting child support, if any, in a joint or shared custody arrangement which shall reflect the other statutory requirements herein.

Periodically, but at least once every four years, the Conference of Chief District Judges shall review the guidelines to determine whether their application results in appropriate child support award amounts. The Conference may modify the guidelines accordingly. The Conference shall give the Department of Health and Human Services, the Administrative Office of the Courts, and the general public an opportunity to provide the Conference with information relevant to the development and review of the guidelines. Any modifications of the guidelines or criteria shall be reported to the General Assembly by the Administrative Office of the Courts before they become effective by delivering copies to the President Pro Tempore of the Senate and the Speaker of the House of Representatives. The guidelines, when adopted or modified, shall be provided to the Department of Health and Human Services and the Administrative Office of the Courts, which shall disseminate them to the public through local IV-D offices, clerks of court, and the media.

(d)       In non-IV-D cases, payments for the support of a minor child shall be ordered to be paid to the person having custody of the child or any other proper person, agency, organization or institution, or to the State Child Support Collection and Disbursement Unit, for the benefit of the child. In IV-D cases, payments for the support of a minor child shall be ordered to be paid to the State Child Support Collection and Disbursement Unit for the benefit of the child.

(d1)     For child support orders initially entered on or after January 1, 1994, the immediate income withholding provisions of G.S. 110-136.5(c1) shall apply.

(e)        Payment for the support of a minor child shall be paid by lump sum payment, periodic payments, or by transfer of title or possession of personal property of any interest therein, or a security interest in or possession of real property, as the court may order. The court may order the transfer of title to real property solely owned by the obligor in payment of arrearages of child support so long as the net value of the interest in the property being transferred does not exceed the amount of the arrearage being satisfied. In every case in which payment for the support of a minor child is ordered and alimony or postseparation support is also ordered, the order shall separately state and identify each allowance.

(e1)      In IV-D cases, the order for child support shall provide that the clerk shall transfer the case to another jurisdiction in this State if the IV-D agency requests the transfer on the basis that the obligor, the custodian of the child, and the child do not reside in the jurisdiction in which the order was issued. The IV-D agency shall provide notice of the transfer to the obligor by delivery of written notice in accordance with the notice requirements of Chapter 1A-1, Rule 5(b) of the Rules of Civil Procedure. The clerk shall transfer the case to the jurisdiction requested by the IV-D agency, which shall be a jurisdiction in which the obligor, the custodian of the child, or the child resides. Nothing in this subsection shall be construed to prevent a party from contesting the transfer.

(f)        Remedies for enforcement of support of minor children shall be available as follows:

(1)        The court may require the person ordered to make payments for the support of a minor child to secure the payments by means of a bond, mortgage or deed of trust, or any other means ordinarily used to secure an obligation to pay money or transfer property, or by requiring the execution of an assignment of wages, salary or other income due or to become due.

(2)        If the court requires the transfer of real or personal property or an interest therein as provided in subsection (e) of this section as a part of an order for payment of support for a minor child, or for the securing thereof, the court may also enter an order which shall transfer title as provided in G.S. 1A-1, Rule 70 and G.S. 1-228.

(3)        The remedy of arrest and bail, as provided in Article 34 of Chapter 1 of the General Statutes, shall be available in actions for child-support payments as in other cases.

(4)        The remedies of attachment and garnishment, as provided in Article 35 of Chapter 1 of the General Statutes, shall be available in an action for child-support payments as in other cases, and for such purposes the child or person bringing an action for child support shall be deemed a creditor of the defendant. Additionally, in accordance with the provisions of G.S. 110-136, a continuing wage garnishment proceeding for wages due or to become due may be instituted by motion in the original child support proceeding or by independent action through the filing of a petition.

(5)        The remedy of injunction, as provided in Article 37 of Chapter 1 of the General Statutes and G.S. 1A-1, Rule 65, shall be available in actions for child support as in other cases.

(6)        Receivers, as provided in Article 38 of Chapter 1 of the General Statutes, may be appointed in actions for child support as in other cases.

(7)        A minor child or other person for whose benefit an order for the payment of child support has been entered shall be a creditor within the meaning of Article 3A of Chapter 39 of the General Statutes pertaining to voidable transactions.

(8)        Except as provided in Article 15 of Chapter 44 of the General Statutes, a judgment for child support shall not be a lien against real property unless the judgment expressly so provides, sets out the amount of the lien in a sum certain, and adequately describes the real property affected; but past due periodic payments may by motion in the cause or by a separate action be reduced to judgment which shall be a lien as other judgments and may include provisions for periodic payments.

(9)        An order for the periodic payments of child support or a child support judgment that provides for periodic payments is enforceable by proceedings for civil contempt, and disobedience may be punished by proceedings for criminal contempt, as provided in Chapter 5A of the General Statutes.

Notwithstanding the provisions of G.S. 1-294, an order for the payment of child support which has been appealed to the appellate division is enforceable in the trial court by proceedings for civil contempt during the pendency of the appeal. Upon motion of an aggrieved party, the court of the appellate division in which the appeal is pending may stay any order for civil contempt entered for child support until the appeal is decided, if justice requires.

(10)      The remedies provided by Chapter 1 of the General Statutes, Article 28, Execution; Article 29B, Execution Sales; and Article 31, Supplemental Proceedings, shall be available for the enforcement of judgments for child support as in other cases, but amounts so payable shall not constitute a debt as to which property is exempt from execution as provided in Article 16 of Chapter 1C of the General Statutes.

(11)      The specific enumeration of remedies in this section shall not constitute a bar to remedies otherwise available.

(g)        An individual who brings an action or motion in the cause for the support of a minor child, and the individual who defends the action, shall provide to the clerk of the court in which the action is brought or the order is issued, the individual's social security number.

(h)        Child support orders initially entered or modified on and after October 1, 1998, shall contain the name of each of the parties, the date of birth of each party, and the court docket number. The Administrative Office of the Courts shall transmit to the Department of Health and Human Services, Child Support Enforcement Program, on a timely basis, the information required to be included on orders under this subsection and the social security number of each party as required under subsection (g) of this section.  (1967, c. 1153, s. 2; 1969, c. 895, s. 17; 1975, c. 814; 1977, c. 711, s. 26; 1979, c. 386, s. 10; 1981, c. 472; c. 613, ss. 1, 3; 1983, c. 54; c. 530, s. 1; 1985, c. 689, s. 17; 1985 (Reg. Sess., 1986), c. 1016; 1989, c. 529, ss. 1, 2; 1989 (Reg. Sess., 1990), c. 1067, s. 2; 1993, c. 335, s. 1; c. 517, s. 5; 1995, c. 319, s. 9; c. 518, s. 1; 1997-433, ss. 2.1(a), 2.2, 4.4, 7.1; 1997-443, ss. 11A.118(a), 11A.122; 1998-17, s. 1; 1998-176, s. 1; 1999-293, ss. 3, 4; 1999-456, s. 13; 2001-237, s. 1; 2003-288, s. 1; 2008-12, s. 1; 2012-20, s. 2; 2014-77, s. 8; 2014-115, s. 37; 2015-23, s. 2.)

Child Custody and how it works in North Carolina. 

§ 50-13.2.  Who entitled to custody; terms of custody; visitation rights of grandparents; taking child out of State; consideration of parent's military service.

(a)        An order for custody of a minor child entered pursuant to this section shall award the custody of such child to such person, agency, organization or institution as will best promote the interest and welfare of the child. In making the determination, the court shall consider all relevant factors including acts of domestic violence between the parties, the safety of the child, and the safety of either party from domestic violence by the other party. An order for custody must include written findings of fact that reflect the consideration of each of these factors and that support the determination of what is in the best interest of the child. Between the parents, whether natural or adoptive, no presumption shall apply as to who will better promote the interest and welfare of the child. Joint custody to the parents shall be considered upon the request of either parent.

(b)        An order for custody of a minor child may grant joint custody to the parents, exclusive custody to one person, agency, organization, or institution, or grant custody to two or more persons, agencies, organizations, or institutions. Any order for custody shall include such terms, including visitation, as will best promote the interest and welfare of the child. If the court finds that domestic violence has occurred, the court shall enter such orders that best protect the children and party who were the victims of domestic violence, in accordance with the provisions of G.S. 50B-3(a1)(1), (2), and (3). If a party is absent or relocates with or without the children because of an act of domestic violence, the absence or relocation shall not be a factor that weighs against the party in determining custody or visitation. Absent an order of the court to the contrary, each parent shall have equal access to the records of the minor child involving the health, education, and welfare of the child.

(b1)      An order for custody of a minor child may provide visitation rights for any grandparent of the child as the court, in its discretion, deems appropriate. As used in this subsection, "grandparent" includes a biological grandparent of a child adopted by a stepparent or a relative of the child where a substantial relationship exists between the grandparent and the child. Under no circumstances shall a biological grandparent of a child adopted by adoptive parents, neither of whom is related to the child and where parental rights of both biological parents have been terminated, be entitled to visitation rights.

(b2)      Any order for custody, including visitation, may, as a condition of such custody or visitation, require either or both parents, or any other person seeking custody or visitation, to abstain from consuming alcohol and may require submission to a continuous alcohol monitoring system, of a type approved by the Division of Adult Correction of the Department of Public Safety, to verify compliance with this condition of custody or visitation. Any order pursuant to this subsection shall include an order to the monitoring provider to report any violation of the order to the court and each party to the action. Failure to comply with this condition shall be grounds for civil or criminal contempt.

(c)        An order for custody of a minor child may provide for such child to be taken outside of the State, but if the order contemplates the return of the child to this State, the judge may require the person, agency, organization or institution having custody out of this State to give bond or other security conditioned upon the return of the child to this State in accordance with the order of the court.

(d)       If, within a reasonable time, one parent fails to consent to adoption pursuant to Chapter 48 of the General Statutes or parental rights have not been terminated, the consent of the other consenting parent shall not be effective in an action for custody of the child.

(e)        An order for custody of a minor child may provide for visitation rights by electronic communication. In granting visitation by electronic communication, the court shall consider the following:

(1)        Whether electronic communication is in the best interest of the minor child.

(2)        Whether equipment to communicate by electronic means is available, accessible, and affordable to the parents of the minor child.

(3)        Any other factor the court deems appropriate in determining whether to grant visitation by electronic communication.

The court may set guidelines for electronic communication, including the hours in which the communication may be made, the allocation of costs between the parents in implementing electronic communication with the child, and the furnishing of access information between parents necessary to facilitate electronic communication. Electronic communication with a minor child may be used to supplement visitation with the child. Electronic communication may not be used as a replacement or substitution for custody or visitation. The amount of time electronic communication is used shall not be a factor in calculating child support or be used to justify or support relocation by the custodial parent out of the immediate area or the State. Electronic communication between the minor child and the parent may be subject to supervision as ordered by the court. As used in this subsection, "electronic communication" means contact, other than face-to-face contact, facilitated by electronic means, such as by telephone, electronic mail, instant messaging, video teleconferencing, wired or wireless technologies by Internet, or other medium of communication.

(f)        In a proceeding for custody of a minor child of a service member, a court may not consider a parent's past deployment or possible future deployment as the only basis in determining the best interest of the child. The court may consider any significant impact on the best interest of the child regarding the parent's past or possible future deployment.  (1957, c. 545; 1967, c. 1153, s. 2; 1977, c. 501, s. 2; 1979, c. 967; 1981, c. 735, ss. 1, 2; 1985, c. 575, s. 3; 1987, c. 541, s. 2; c. 776; 1995 (Reg. Sess., 1996), c. 591, s. 5; 2004-186, s. 17.1; 2009-314, s. 1; 2012-146, s. 10; 2013-27, s. 1; 2015-278, s. 2.)

How Criminal Convictions Can Affect Your Immigration Status

Your criminal convictions can have dire immigration consequences. Ensure your criminal defense attorney understands your current immigration status.

 

Criminal Immigration Consequences – Inadmissible vs. Deportable

There are generally two classes of problem that you need to be worried about as a non-citizen facing criminal charges. The first is which outcomes will make you deportable, and the second is which outcomes will make you inadmissible. Some criminal acts will make you deportable if you are already in proceedings, but would not otherwise result in your deportation. Admissibility and deportability are separate issues, with separate, but very similar, sources of law governing them.
If you are deportable, you may be removed from the United States even after having made been lawfully admitted.

If you are inadmissible, you will not be allowed to lawfully enter the United States.
Remaining admissible is important, even for people that are in the United States and have no plans to ever leave the country. Your presence in the United States does not necessarily mean that you have been admitted. An admission is defined in INA § 101 as the lawful entry of the alien into the United States after inspection and authorization by an immigration officer, subject to various exceptions. If you entered the United States without inspection (EWI), especially since 1997, you may not have been admitted, even though you have been here for some time.

If you become inadmissible for a criminal reason, even if you are an LPR, you will not be able to take trips abroad and expect to be allowed back in the United States upon your return. A legal permanent resident (LPR) making a short trip out of the country and returning is not generally an admission for purposes of immigration law, but as a special exception, if you are inadmissible for a criminal reason, or you have commited a crime while out of the country, your return is an admission.
If a criminal act makes you deportable, you may be removed from the United States, even if you have been lawfully admitted and remain within the country.

The U.S. immigration laws contain numerous grounds upon which non-citizens may be deported back to their country of origin (the technical term for which is "removed"). In fact, the laws divide these grounds into two separate categories:
The grounds of inadmissibility, found in Section 212(a) of the Immigration and Nationality Act (I.N.A.). These apply to a person seeking admission to the United States, including both literally seeking entry at the border and also seeking the right to stay legally, such as with a green card application (lawful permanent residence). 
The grounds of deportability, found in Section 237 of the I.N.A. These apply to a person already legally living within the United States, perhaps with a nonimmigrant (temporary) visa or a green card. They also contain a statement that people who are in the U.S. without legal permission shall be deported.

Both Can Lead to Removal

If the immigration authorities believe that you are inadmissible or deportable, removal proceedings may be started against you. You will have a chance to argue your case and in some cases to ask for a waiver (legal forgiveness). However, this may occur in the context of deportation and removal proceedings in immigration court. In any case, you'll need a lawyer's help with this type of issue.
Once an immigrant becomes a U.S. citizen, that person cannot be removed unless he or she used fraud to gain citizenship or an earlier immigration benefit.
To learn about the waivers and other methods for defending yourself from removal, see our section on Removal (Deportation): Process & Laws.

Grounds of Inadmissibility

Here's a brief summary of the types of personal characteristics or history that may make someone inadmissible.

• Having entered the United States without permission
• Having committed fraud in order to gain an immigration benefit
• Having helped smuggle other foreign-born people into the U.S.
• Carrying a communicable diseases of public health significance, such as tuberculosis.
• Having been convicted of certain crimes.
• Having a physical or mental disorders that presents a danger to the immigrant or to others.
• Being likely to become a "public charge," that is, require financial assistance from a government body.
• Threat of terrorism or espionage. Anyone who is deemed likely to engage in any subversive activity against the United States will be turned away when trying to enter into the United States.

Again, this is just a brief summary, intended to highlight potential trouble areas. Do not attempt to analyze your personal immigration situation based on this list.
For more on being "inadmissible"

Grounds of Deportability

Here's a brief summary of the types of personal characteristics or history that may make someone deportable.

• Having gained legal status by committing marriage fraud
• Being a terrorist
• Having been convicted of certain crimes
• Having helped smuggle aliens into the U.S.
• Having not deserved an earlier grant of legal status, because the person was inadmissible at the time
• Having failed to timely notify U.S. Citizenship and Immigration Services (USCIS) of one's changes of address (Yes, that's really in there)
• Having falsely claimed to be a U.S. citizen in order to gain a benefit from the government

http://www.alllaw.com/articles/nolo/us-immigration/grounds-deportability-vs-grounds-inadmissibility.html#

http://www.anthracitelaw.com/maryland-criminal-defense/not-a-u-s-citizen/criminal-immigration-consequences-inadmissible-vs-deportable

Green Card-holders and the Risk of International Travels

If you have any pending or unresolved issues with your green card or Lawful Permanent Resident card, I'll say DO NOT travel.

Immigrating legally to the United States is not easy. “Over the past several months, skilled foreign nationals have seen no improvement in their prospects for obtaining green cards and, in fact, wait times are likely to increase in employment-based immigration categories,” according to a new report released by the National Foundation for American Policy (NFAP), an Arlington, Va.-based policy research group.

An October 2011 analysis found the wait times for skilled immigrants, particularly those from India and China, could last 5 to 8 years, or potentially even decades in some cases. The State Department has reported in the latest Visa Bulletin that wait times could be imposed on individuals from countries other than India and China in the employment-based second preference (EB-2), for persons of “exceptional ability” and “advanced degree” holders, with the employment-based first preference (EB-1) category (outstanding researchers and professors, aliens of extraordinary ability) also possibly becoming backlogged as well.

Unlike the long-term problems in entitlement programs such as Social Security, the solutions to reducing the long wait times for employment-based green cards are easy to implement and have received bipartisan support. These solutions center around two areas: eliminating the per country limit and providing more green cards.
Providing additional green cards or exempting from the annual limit foreign nationals with advanced degrees from U.S. universities in a science, technology, engineering or mathematics (STEM) field, while also eliminating the per country limit, could have a significant impact on employment-based green card backlogs.

The October 2011 NFAP analysis estimated, “An exemption of at least 50,000 for advanced degree STEM graduates would eliminate the backlog in the employment-based second preference (EB-2) and make the category current within three years. It would also eliminate the employment-based third preference (EB-3) backlog and potentially make the category current within 10 years.” Even 25,000 additional green cards for holders of U.S. advanced STEM degrees would likely “eliminate the backlog and make the EB-2 category current in 4 years.”

 

An argument made against providing more green cards to highly skilled foreign nationals is that doing so would harm the job prospects of Americans. However, skilled scientists, researchers and professionals help create more jobs and innovations. Moreover, such individuals are typically hired as part of the normal recruitment process, complementing, not replacing, Americans. A recent economic analysis supports the view that immigrants help expand economic opportunities for others.

 

Stuart Anderson ,  

Contributor

 

http://www.forbes.com/sites/stuartanderson/2012/06/15/green-card-problems-growing-worse-for-skilled-immigrants/#297cb0c95f7b 

Lapse in Medical Treatment Can Limit Recovery in Your Personal Injury Case

Gaps in medical treatment can affect your recovery in your personal injury case. The importance of receiving IMMEDIATE and CONTINUOUS medical treatment can never be over emphasized.
 
Article by Wallace Pierce Law...

Why is Medical Treatment so Important to my Personal Injury Claim?

If you have been injured in a motor vehicle accident in North Carolina, it is likely that you are confused, stressed and concerned about what to do next. The reality of being in a car accident is that your life could be turned upside down. Just yesterday, you were healthy and carefree. Today, you are nursing your bruises, cuts and injuries.
Look at your car accident-related injuries as you would any other traumatic illness or injury. Ask yourself whether or not you need medical treatment. It is important to ask yourself this question as early as possible. It is also essential to consider whether you need emergency medical services, such as an ambulance, as early as possible.
One of the most common mistakes made by accident victims is to refuse or delay medical treatment. After years of speaking to accident victims, I have discovered that most people delay seeking medical care because of the costs associated with seeking treatment. It is recommended that after an accident you seek medical treatment regardless of the cost, so long as the treatment is reasonable and necessary. While treatment may be expensive, there are several options that may provide you with a way to receive treatment on a lien basis, which would require no money upfront.

Get Immediate Medical Attention

If you have been injured in a car accident, it is important to consider what medical attention you may need and to seek that medical treatment as soon as possible. If you need emergency medical care, consider calling 911. Seeking medical treatment immediately after your accident is important for the following reasons:

1. Your injuries need to be treated as soon as possible.
2. Showing a causal connection between the accident and your injuries is more difficult if you have delayed seeking medical treatment.
3. Failing to seek medical treatment could result in a failure to mitigate damages.

If your vehicle has been damaged or destroyed in the accident, it is important to seek the assistance of your friends and family to get to and from your medical appointments. If your friends or family are unable to assist you, consider using a taxi or purchasing a bus pass in order to get to your appointments. However, please be sure to keep your receipts and to track your mileage and appointment duration so that you may claim out-of-pocket expenses.
If you do in fact have health insurance, whether it is private health insurance, Medicaid, Medicare, TriCare or State Employee’s Health Plan, it is recommended that you give this information to the medical provider when seeking treatment. If you do not have health insurance, the medical provider who is treating your injuries will likely bill you directly or claim a lien on the treatment rendered.
It is essential to remember that the medical treatment you receive for your accident is the most important evidence in your personal injury claim. Your medical treatment will be reviewed, analyzed, audited and even debated by the insurance company and their medical experts when considering your personal injury claim’s value. As such, it is paramount to ensure that each and every aspect of your medical care is as appropriate and reasonable as possible.
IMPORTANT NOTE: Your medical care is the fuel in your personal injury case’s gas tank. It is not only important to put lots of fuel in your tank; it is also vital to put the right kind of fuel in the case’s tank.
Remember that if you need treatment, you should seek treatment. Only a licensed medical professional can properly diagnose your injuries, and delaying your recovery could actually cause your injuries to become worse.

Be Careful What You Say About the Case to Your Doctor

As a practical piece of advice, your medical providers are treating your medical concerns and tend to be unconcerned by the legal aspects of your personal injury case. As such, be careful when discussing the facts and circumstances related to your accident. It is far too common that my client’s medical records contain notes from the doctor that attempt to describe the mechanics of the car accident but fail to do so accurately. As a precaution, be careful when describing the accident to your doctor and make sure all the details you share are completely accurate.
Ask yourself: Is it important that the doctor knows each and every fact related to the mechanics of your accident, or is it essential that they only know the fact that you were rear-ended and suffered injuries as a result?

What if I Don’t Have Health Insurance?

There are many factors to be concerned about after an accident, and the most notable among them is the decision to seek medical care even though you do not have health insurance. While your principle concern is how you will afford the expensive medical treatment, consider the cost of not seeking medical treatment and delaying your recovery. In most situations, there are two ways to seek medical treatment without health insurance: (1) receive the treatment and the medical provider will bill you, or (2) receive the treatment and the medical provider will claim a medical lien.
Regardless, your medical treatment without health insurance under North Carolina Rule of Evidence 414 may actually be more beneficial to your overall recovery than medical treatment paid by a health insurance company. For more information about this information and Rule 414, visit our Billed Versus Paid page.

Should I Use My Health Insurance?

Generally speaking, you should use your health insurance to pay for accident-related medical treatment. However, this does not mean that the medical provider is obligated to bill your health insurance. It is not uncommon for accident victims who provide their Medicaid information when receiving medical care to later discover that the medical provider did not bill Medicaid. Medical providers are exceptionally clever when it comes to getting paid for their services.
First, a medical provider may not be obligated to bill your health insurance. Secondly, a medical provider may receive more money from you if they refrain from billing your health insurance and claim a medical or physician lien (link). While this may be surprising, consider what the medical provider will likely receive from the Division of Medical Assistance (Medicaid) as payment for services rendered on a $1,000.00 bill. The answer is rather surprising. Depending on the provider, Medicaid may pay a few hundred dollars at most on their $1,000.00 bill. The reason being is that Medicaid has negotiated significant cuts with the medical providers to keep costs low.
On the flip side, a medical provider who refrains from billing Medicaid and receiving a significant cut to their $1,000.00 bill can claim a medical lien and seek reimbursement for the entire $1,000.00 bill. If this seems unfair, stop for a moment and read our Billed Versus Paid article. While no one wants to pay more for the same treatment, being able to claim $1,000.00 of damages as opposed to a few hundred dollars may actually be more beneficial to your claim for damages.
However, this does not mean that you should refuse to use your health insurance. Most insurance companies will refrain or delay settlement negotiations with an accident victim until it has been determined whether the victim has health insurance or not. Even if you do not, the insurance company may request that you sign an affidavit of no health insurance. An affidavit of no health insurance is a sworn statement by an accident victim attesting to the fact that they have no health insurance.

Which Doctor Should I Go To?

If you have been injured in an accident, assess the severity of your injuries. If you feel that you need emergency medical services, it is important to go directly to the emergency room. However, if you do not need emergency medical care, consider calling your primary care physician and making an appointment.
If you have called your primary care physician and your appointment will be in three weeks, consider going to an urgent care facility or calling another primary care physician for an earlier appointment.
However, once you have visited your first doctor, whether it was in the emergency room or the urgent care facility, be sure to ask the doctor when you should follow up. If your follow-up is in several weeks, and you are feeling worse before that appointment, do not hesitate to go back sooner. While following your doctor’s advice is always recommended, consider your pain and injuries and feel free to seek additional care when needed.

How Long is Too Long After the Accident to Go See a Doctor?

As a general rule of thumb, and in my opinion, any accident claim involving an individual who has not received some kind of medical treatment within the first seven (7) to ten (10) days will experience some difficulty in making a claim and/or proving damages.
This general rule does not mean that you should forego or refrain from seeking medical treatment if you are unable to receive medical care within the first seven to ten days after an accident. There are many exceptions to and factors that affect this general rule. On a practical note, general rules do not apply to all facts and circumstances.

Follow Your Doctor’s Instructions

After your accident and while seeking medical treatment, it is important to follow your doctor’s instructions. If your physician recommends that you should be written out from work, you should refrain from working. Being written out from work by your physician may result in a lost wage claim. The most common mistake made in personal injury claims in North Carolina arises when the accident victim fails to follow up and adhere to the recommended treatment plan. Should your physician recommend that you follow up in a week, you should do so. By the same token, should your doctor recommend that you receive physical therapy three (3) times per week for four (4) weeks, it is important that you do so. Failing to follow your doctor’s instructions can and will be used against you in your claim with the insurance company.
IMPORTANT NOTE: Visiting your doctor’s office and seeking treatment may be stressful or even pain-inducing (depending on the procedures), so you may consider bringing a notebook and documenting what the doctor recommends that you do so that you will be able to reference the doctor’s specific instructions later.
Should your doctor provide you a referral to a different physician or directly to a specialist, contact that medical provider immediately. Many specialists are extremely busy, and appointments may not be available for some time. If the medical specialist that you contact has no availability, consider contacting your doctor again and asking for a referral to another specialist.

Treatment Mistakes to Avoid

Through years of dealing with insurance adjusters and evaluating our clients’ medical records, we’ve noticed that the most common mistakes accident victims make are:

• Over-treating (continuing to seek treatment past what is deemed reasonable and necessary to reach your maximum medical improvement)
• Double treating (treating with two or more similar providers for the same injuries)
• Missing appointments (constantly cancelling your scheduled appointments or not showing up to scheduled appointments)
• Having large gaps in treatment (waiting too long to seek medical treatment or having lengthy gaps between scheduled appointments)
• Not following doctor’s orders (not following up when scheduled, not using prescriptions per instruction, not utilizing referrals to specialists as needed and not complying with home exercise plans).

These mistakes can not only delay your recovery but can also severely harm your personal injury case.

Cite: https://wallacepierce.com/compensation/medical-treatment/importance-of-seeking-medical-treatment/

Automobile Accident Victims

A Plan Today For Your Future

Barely four months after their wedding, on a cold December night in 2004, she received that dreadful call--the call that changed her life forever. Oh! She hoped it was a dream and prayed to awake from the horrible nightmare. Unfortunately, the accident that snuffed out his young life was a ghastly head-on collision that spared no second on the accident scene. "If I could do it over again," she said "estate planning would be top on my list," she muttered as tears trickled down her face. 

According to a 2010 lawyer.com poll, about "65 percent of American Adults" die without a will. I find this fact mind boggling and appalling, especially in an elite and information-driven society like the United States. If stated in layman’s terms, it simply means more than half of Americans die without a plan. Michael Baisden, a popular radio personality once said “those who fail to plan, plan to fail.” This is a simple truth. If you die without a plan, your assumptions will fail you. In North Carolina, dying without a will empowers the state to dictate how your property will be distributed. Failure to execute a will, also creates an opportunity for the state to benefit from your estate under certain circumstances. Hence, the power of estate planning can never be underestimated.

That being said, while estate planning is not an exciting topic, it definitely deserves serious and meticulous consideration. Most people shy away from conversations dealing with death or incapacity, but while we fervently pray for long life and health, the truth remains—life is “uncertain” and the end of every life remains a mystery waiting to be unraveled.

Regardless of whether you have substantial assets or not, estate planning is right for you. The purpose of an estate plan is to give you peace of mind and closure in the event of unforeseen or sudden mishap.  A famous quote by Benjamin Franklin states “nothing is certain, except death and taxes.” Although this may sound absurd, it remains true to an extent —Death is the only guaranteed outcome of any human life, and so long as you live in the United States, you must pay taxes, even in your death. 

Hence, the only thing standing between a long lasting family feud and peace of mind is a well planned estate. Alan Lakein, a well-know author once said “planning is bringing the future into the present so that you can do something about it now.” That sums up the importance of wills and estate planning; it gives you the authority to dictate how your property should be distributed in the event of death or incapacity.

Pursuant to North Carolina laws, when a person dies without a will, the decedent’s estate, which is the dead person’s property, will be distributed in accordance with the Intestate Succession Act (ISA). This can be problematic, because this process may distribute contrary to the decedent’s true intentions. As such, estate planning remains the best option. N.C. Gen. Stat. § 116B-2 states: “whenever the owner of any real or personal property situated or located within this State dies intestate[without a will]... without leaving surviving any heirs…to inherit said property…such real and personal property shall escheat” to the state. So ask yourself, is it better to have the state inherit your property or would you rather exercise your authority while still alive?

For those of you with a valid executed will, when was the last time you reviewed your will? It is safe to say so long as there is life, situations can change; thus, having a one-time validly executed will may not suffice. For example, the beneficiary or devisee of a will could die before the testator (person executing the will). If the will is not amended via codicil, this could trigger complicated “anti-lapse” issues, which will ultimately determine whether blood relatives of the predeceased beneficiary take under the will or whether the gift will fail. If the gift fails, the next question becomes, who gets the failed gift? Your guess is as good as mine. Also consider where a will is validly executed subsequent to a marriage, but prior to a divorce, this too can trigger an undesirable outcome, since North Carolina is a strict compliance state and will strictly abide by the wishes of the testator as indicated in the will. These are few examples of what could happen if your will is not reviewed or updated.  

In order to have a valid will in North Carolina, the testator must be 18 years or older, have testamentary intent and the will must be signed in the presence of “at least two competent” and disinterested witnesses.

Are you concerned about the cost of hiring a lawyer to draft your will? Concern yourself no more. North Carolina recognizes three types of wills and you do not need a lawyer to draft your will; however, it is highly recommended that you consult with a lawyer to avoid any future legal problems.

First, North Carolina recognizes something called a “holographic will.” It is a will “written entirely” in the testator’s handwriting. It must be signed by the testator and kept in a safe place i.e. a safe deposit box. The issue of what comprises a safe place has been the subject of recent litigation and you must take affirmative steps to ensure your holographic will complies with N.C. Gen. Stat. § 31-3.4.

Second, this State recognizes oral wills called “nuncupative wills.” In order to have a valid nuncupative will, it must be spoken in the testator’s last illness or “imminent peril of death.” It must be made in the presence of “two competent” and disinterested witnesses.  Also, a nuncupative will must be probated within six (6) months or the witnesses may reduce the oral will to writing within ten (10) days. Please refer to N.C. Gen. Stat. § 31-3.5 for more information.

Third, North Carolina will recognize a valid attested written will pursuant to N.C. Gen. Stat. § 31-3.3. An attested will must be written and signed in the presence of “at least two competent” and disinterested witnesses. I emphasize the word “disinterested,” because pursuant to North Carolina laws, the interest of a beneficiary who also serves as a witness in the same instrument will be “purged” or voided out. Hence, a person who simultaneously serves as a witness and beneficiary, forfeits his or her interest in the legal document.

In addition to having a valid executed will, you may also want to consider advance directives. An advance directive instructs health care providers and financial institutions of your wishes in the event of your incapacity. Advance directives include: living wills, health care power of attorney, durable power of attorney etc.

Finally, while we continue to hope for the best in life, we must embrace the reality of life’s uncertainty, and deal with the future today.

For more information, please visit our website at: www.thecrescentlaw.com or call (919) 341-9707. You may also visit our Raleigh office at: 4924 Windy Hill Drive, Suite A, Raleigh, NC 27609.

This post is not intended to give legal advice and does not in any way create an attorney client privilege. Contact a lawyer if you have specific questions regarding your estate plans.