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Understanding the Legal Rights of Grandparents

Apr 14, 2024

Understanding the Legal Rights of Grandparents

Understanding the Legal Rights of Grandparents 

Family dynamics can be complex and challenging, particularly when disputes arise that involve the broader family, such as grandparents. At King Law Firm, with over 30 years of experience serving the community of North Carolina, we understand the critical role grandparents often play in the lives of their grandchildren. This blog post delves into the legal rights of grandparents in family law cases, offering guidance and insight on navigating these delicate issues.

The Importance of Grandparents

Grandparents can be fundamental to a child’s upbringing, providing additional love, support, and wisdom. In many families, they also play a crucial role in childcare, stepping in when parents are unable to due to work commitments, health issues, or other challenges. However, when familial disputes occur, particularly in the context of divorce or separation, grandparents sometimes find themselves unexpectedly sidelined and cut off from their grandchildren.

Legal Framework in North Carolina

In North Carolina, as in many other states, the legal system recognizes the potential importance of grandparents in children’s lives. However, securing visitation rights or custody involves navigating a complex legal landscape that is influenced by both state statutes and overarching federal decisions.

Understanding the Legal Rights of Grandparent: Visitation Rights

Under North Carolina law, grandparents have the opportunity to seek visitation rights in certain circumstances. The courts generally consider grandparent visitation during instances such as divorce, custody battles, or if the child’s welfare is at stake. It’s important to understand that these rights are not automatic; grandparents must demonstrate that their involvement is in the best interest of the child.

The petition for visitation rights typically occurs within an ongoing custody dispute. Grandparents must file a motion to intervene in the existing case, seeking visitation as part of the broader family law proceedings. The court will consider several factors, including the existing relationship between the grandparent and the child, the child’s needs, and how such visitation affects the dynamics of the child’s primary custodial arrangement.

Understanding the Legal Rights of Grandparent: Custody Rights

Gaining custody is a more challenging endeavor for grandparents but not impossible. Custody rights may be considered if both parents are deemed unfit, or in tragic circumstances where the parents are deceased or incapacitated. In such cases, grandparents must prove to the court that they are a suitable alternative and that living with them serves the best interest of the child.

The court examines multiple aspects such as the grandparent’s ability to provide a stable home, their health, their emotional ties with the child, and their capacity to meet the child’s day-to-day needs. This process is stringent because the court’s paramount concern is the welfare and stability of the child.

Case Studies and Legal Precedents

Several landmark cases in North Carolina have shaped how grandparent rights are viewed today. These cases often explore the delicate balance between respecting the rights of parents and acknowledging the beneficial role grandparents can play. Understanding these precedents can be crucial for any grandparent seeking legal rights regarding their grandchildren.

Practical Steps for Grandparents

If you are a grandparent seeking visitation or custody, consider the following steps:

  • Legal Consultation: Engage with a family law attorney who understands the specific nuances of grandparent rights in North Carolina. King Law Firm’s seasoned attorneys can provide this expert guidance.
  • Documentation: Gather evidence of your relationship with your grandchild. This can include photos, correspondence, and testimonies from other family members or educators who can attest to your positive influence.
  • Mediation: Before taking legal action, consider mediation. This can be a less adversarial way to address visitation or custody issues, focusing on the best interests of the child with the guidance of a neutral third party.
  • Prepare for Court: If your case goes to court, prepare to clearly articulate why your involvement benefits the grandchild, focusing on emotional, educational, and physical support you can offer.

Understanding the Legal Rights of Grandparents: Conclusion

The rights of grandparents in family law cases are an evolving area of law that reflects changing family structures and societal values. At King Law Firm, we are committed to helping grandparents navigate these challenging legal waters, ensuring they can continue to play a positive role in their grandchildren’s lives.

Are you a grandparent seeking to secure visitation rights or custody of a grandchild? Contact King Law Firm today. With over 30 years of experience in family law in North Carolina, our team is ready to support you through this complex process, helping to protect your rights and foster the well-being of your grandchildren. Let us help you keep your family connected. Call us now at (855) 962-4573 to schedule your consultation.

Call Now To Schedule A Free Consultation

(855) 206-0052

Maximizing Your Workers Compensation Benefits

Apr 12, 2023

Maximizing Your Workers Compensation Benefits

Maximizing Your Workers Compensation Benefits

by King Law Firm

Maximizing Your Workers Compensation Benefits: Tips from a Board-Certified Attorney

You might be eligible for payments under workers’ compensation if you sustained an injury at work. These benefits can assist in paying for your injury-related expenditures such as medical care, missed wages, and other costs. However, obtaining all of the benefits for which you are eligible can take time and effort. A board-certified workers’ compensation lawyer can offer assistance in this situation. In this piece, we’ll give you some advice on how to work with a knowledgeable attorney to get the most out of your workers’ compensation payments.

Understanding Workers’ Compensation

It’s crucial to comprehend the fundamentals of workers’ compensation before moving on to the advice. Employees who suffer work-related injuries are given rewards under a type of insurance known as workers’ compensation. These advantages may consist of the following:

  • Medical treatment and rehabilitation
  • Temporary or permanent disability payments
  • Vocational rehabilitation
  • Death benefits for surviving family members

Because workers’ compensation is a no-fault scheme, who was responsible for the accident is irrelevant. You will likely qualify for workers’ compensation if you were injured on the job.

Tip #1: Report Your Injury Immediately

To maximize your workers’ compensation benefits, it’s very important that you report your accident to your employer as soon as possible. Most states have strict reporting requirements for workplace accidents, and if you miss these deadlines, you risk losing all claim rights to workers’ compensation benefits.

Be as precise as possible when describing your injury and the symptoms you’re experiencing. When submitting your workers’ compensation application, you must have this information.

Tip #2: Seek Medical Treatment Right Away

Your priority should be to seek medical attention as soon as possible. Your company may require you to see a specific physician or another healthcare professional, but you can also go to your physician.

Attend all planned appointments and make sure to obey your doctor’s instructions. Your boss or insurance provider may claim that you are not hurt or that your injuries are not as severe as you claim if you don’t follow your doctor’s recommendations.

Tip #3: Hire a Board-Certified Workers’ Compensation Attorney

The workers’ compensation system can be challenging to understand and navigate. To defend you, it’s crucial to employ a board-certified workers’ compensation lawyer.

The state bar organization has strict criteria that must be fulfilled to become board-certified. They are well-versed in the workers’ compensation system and can help ensure you get all your due benefits.

Tip #4: Keep Records of Everything

Maintaining thorough documents of every aspect of your accident and claim will help you receive the most from your workers’ compensation benefits. It consists of the following:

  • Health documents and invoices
  • Tax reports and wage records

communication with your boss, their insurance provider, and your lawyer

Notes about your symptoms and how they impact your capacity to work and go about your everyday tasks

Access to these documents can help your lawyer present a convincing argument on your behalf and can help guarantee that you get all the benefits you are due.

Tip #5: Don’t Settle Too Quickly

Last, it’s crucial to avoid settling your workers’ compensation claim too soon. Insurance firms may give you a settlement early in the process, but it’s frequently less than what you’re entitled to. If required, your attorney can represent you at a meeting or assist you in negotiating a reasonable deal.

Conclusion

Making the most of your workers’ compensation benefits is crucial to guarantee that you get the assistance you require following a workplace accident. You can improve your odds of getting the full benefits you are eligible for by heeding the advice above and working with a board-certified workers’ compensation attorney.

Remember that workers’ compensation is intended to safeguard employees who sustain injuries at work. Don’t let your workplace or the insurance industry deprive you of the advantages you are entitled to.

FAQs

Q:I want to obtain workers’ compensation benefits, but do I have to see the doctor my company picks?

A:You have the right to see your doctor and any authorized medical professional that your workplace requires you to visit.

Q:If my workers’ compensation claim is rejected, what should I do?

A:You should consult a board-certified workers’ compensation counsel to review your choices if your claim is rejected. You can challenge the ruling or bring a case.

Q:Can I benefit from workers’ compensation if the injury was my fault?

A:Who was to blame for the injury doesn’t matter because workers’ compensation is a no-fault scheme. You might be qualified for benefits if the accident happened while working.

Q:How soon must I file a job accident report?

A:According to North Carolina legislation, every injured worker or their authorized representative must notify their boss immediately after a mishap. The notification has to be delivered within 30 days of the accident’s date, and workers’ compensation payments might only be available if it is.

 

 Q:How much does employing a workers’ compensation lawyer who has received board certification cost? 

A:The expense of hiring a workers’ compensation lawyer with board certification differs based on your chosen lawyer and how complicated your case is. At King Law Firm, we work on a contingency fee basis. 

 In a contingency fee basis agreement, an attorney’s fee is only paid if they prevail in court or secure a favorable resolution on the client’s behalf. In other words, the customer only owes the attorney money if the case is successful because the attorney’s charge depends on the case’s success. This kind of charge agreement is frequently employed in personal injury cases or other civil lawsuit situations where the plaintiff is pursuing monetary damages. The client and the lawyer settle the contingency fee before the case begins. Typically, it is a portion of the money that is ultimately recovered.

If you’ve been injured at work in North Carolina, don’t trust your workers’ compensation case to any law firm. King Law Firm’s Board-Certified Workers’ Compensation attorneys have over three decades of experience. Call our office today for a Free consultation. 

 

Call Now To Schedule A Free Consultation

(800) 635-1683

High Net Worth Divorce Mistakes

Mar 11, 2023

High Net Worth Divorce Mistakes

High Net Worth Divorce Mistakes You Can't Afford To Make

by King Law Firm

High Net Worth Divorce Mistakes You Can’t Afford To Make 

Divorce is tough on everyone involved, especially regarding high-net-worth divorces. Divorce involves many valuable assets, like expensive cars, properties, and investments, that must be divided. But if you make mistakes during the divorce process, it could hurt you and your family in the future.

Here Are A Few Common Mistakes To Keep In Mind.

Making Decisions Based On Intense Emotions

Navigating a divorce is a complex and emotionally charged experience. From guilt to happiness, a range of feelings may arise during separation. It’s crucial to avoid making impulsive or irrational decisions that could lead to unfavorable outcomes.

 Emotional decision-making can result in the loss of valuable assets and regretful choices. To prevent further emotional turmoil, remaining amicable with your spouse and maintaining open communication is recommended. While working together to negotiate a settlement is not advised, meeting deadlines and obligations to safeguard one’s emotional and financial well-being is essential. Emotions can cloud judgment during divorce, but an experienced lawyer can ensure favorable outcomes.

The Use Of Deceptive Divorce Tactics

It’s important to be wary of the dangers lurking in divorce proceedings’ complicated terrain. The temptation to resort to dishonest tactics, masked by promises of a quick resolution, can be strong. However, giving into these traps can result in disastrous consequences. Fabricated claims and the concealment or manipulation of assets are examples of these cunning pitfalls that must be avoided to secure a fair and equitable agreement. Staying vigilant and clear of these treacherous traps is imperative for a just settlement.

Hurrying The Divorce Process

Accelerating the divorce process, in conjunction with the fallacy of making emotional decisions, can be counterproductive. Despite the eagerness of some couples to end their union as quickly as possible, this zeal may impede careful consideration and rational thinking, which is essential for making sound and justifiable choices.

Rushing through the divorce proceedings, especially when driven by emotions, can have adverse effects. Though it is understandable for some couples to want a quick end to their marriage, hasty decisions can hinder thoughtful deliberation and logical reasoning, which are crucial for making sensible and reasonable agreements. Consequently, you may miss out on obtaining the most favorable settlement, including a fair division of high-value assets, leading to long-term financial repercussions.

The Following Is A List Of Possible High-Value Assets.

  • Retirement Accounts
  • Real Estate
  • Stocks
  • Jewelry
  • Art Collections
  • Business ownerships
  • Antiques
  • Benefits

The above list can vary. It is recommended to exercise caution with legal counsel and seek the advice of a qualified attorney in each unique case. This measure can prevent the risk of inadequate compensation, excessive alimony/child-support payments, or inequitable distribution of property.

Failing To Consider Tax Consequences

When hurrying to wrap up a high net worth divorce involving extra assets, neglecting tax consequences or handling taxes inefficiently is easy. To prevent potential issues, it is wise to collaborate with financial consultants and seasoned divorce lawyers to understand the assets you receive after the divorce. You can sidestep any future ramifications through thorough financial scrutiny and additional assessments.

Neglecting To Hire A Qualified Divorce Attorney With Experience In High-Net-Worth Divorce Cases.   

 

Acting impulsively or carelessly and seeking counsel from an inexperienced divorce attorney during a high-asset divorce can result in unsatisfactory settlements. To ensure favorable outcomes, it is crucial to seek the assistance of a skilled and ethical attorney. 

King Law Firm has years of experience in high-net-worth divorce cases. With our expertise, we offer reliable guidance and support throughout the complex legal separation process.

Going through a divorce can be an emotionally charged experience, often clouding judgment and leading to impulsive decisions. This is especially true in high-asset divorces, where significant financial and property interests are at stake. Hiring an experienced divorce lawyer can help ensure sound decisions are made and your rights are protected.

King Law Firm is a North Carolina-based law firm that has been helping North Carolinians for over three decades. We have offices conveniently located throughout North Carolina and offer flexible appointments convenient for our clients. 

 

 

 

 

Call Now To Schedule A Free Consultation

(800) 635-1683

Important Questions To Ask An Injury Attorney

Aug 1, 2022

IMPORTANT QUESTIONS TO ASK AN INJURY ATTORNEY

IMPORTANT QUESTIONS TO ASK AN INJURY ATTORNEY

After an accident, you should seek medical attention and consult with an experienced personal injury attorney as soon as possible. However, there are many attorneys, and some may be better suited to your case than others. What is the best way to determine which lawyer is the best fit for your case? What can you expect from your case? Are you even entitled to compensation? Make sure you ask the right questions before making any decisions. When seeking legal assistance for a personal injury claim, the following are some questions.

10 QUESTIONS TO ASK AFTER YOUR ACCIDENT WHEN SEARCHING FOR A PERSONAL INJURY LAWYER

1. DO YOU SPECIALIZE IN PERSONAL INJURY LAW?

A lawyer, like a physician, specializes in a particular area of law. If you have suffered a personal injury, you will need an attorney specializing in personal injury law.

A lawyer who does not specialize in personal injury should not be consulted if you have been injured because of someone else’s reckless or negligent behavior. In addition, you need an attorney specializing in the type of personal injury you’ve suffered, such as a car accident or slip and fall. Even though most personal injury cases never go to trial, you want an injury lawyer who understands the ins and outs of these cases. 

2. DO YOU HAVE EXPERIENCE WITH PERSONAL INJURY CLAIMS LIKE MINE?

Every lawyer begins his or her career with little or no legal experience, but you are probably not going to want your personal injury lawyer to gain his or her first legal experience with your case. 

You should hire an experienced attorney who can negotiate and proceed on your behalf. Additionally, you may ask about their previous experience with similar cases here.

Ask the injury attorney if he or she has handled a similar case. An attorney is not permitted to divulge specific information. However, they can share the basics of how the case is handled and the outcome of the case. 

An answer to this question can provide insight into the time and progression of a typical personal injury claim they have worked on similar to your claim. 

3. DO YOU HAVE A HISTORY OF WINNING PERSONAL INJURY CASES?

A personal injury lawyer’s success rate and the amount recovered for past clients are crucial factors to consider.

Even though few personal injury cases go to trial, you should still ask about their courtroom experiences.

A lawyer must be honest and transparent about how many cases have gone to trial and how many cases he or she has won.

King Law Firm attorneys have a long history of success with a 95% success rate and millions of dollars recovered for clients.

4. DO YOU THINK I HAVE A STRONG CASE?

Your case does not require a comprehensive analysis in this instance. In any event, it is always a good idea to ask the personal injury attorney why they believe there is a high likelihood of receiving compensation from the insurance company.

Furthermore, this question allows you to raise any areas of concern that may need to be addressed. The sooner you are aware of any threats to your case, the better.

5. IN WHAT MANNER DO YOU EXPECT MY CASE TO PROCEED?

One of the most important questions you should ask is how a personal injury lawyer would approach your case. Even though they cannot predict what the opposing side will do or how they will respond, they should be able to explain your case to you. 

You can get a good idea of what to expect as your case progresses by asking such a question. 

It is essential that you understand that the longer your case continues, the longer you may have to go without compensation to pay for medical expenses or to cover lost wages. As a result, many insurance companies will attempt to settle the claim as soon as possible.

A good attorney can move your case forward and be open and honest with you throughout the process. 

The answer to this question also provides valuable information about how your attorney will communicate with you and with others.

6. WHAT IS THE COST OF LEGAL FEES FOR MY CASE?

The majority of personal injury attorneys are paid on a contingency basis, which means that you do not have to pay them anything until you win – and if you win, they receive a portion of the award.

The hourly rate charged by an attorney could result in you paying a lot of money, regardless of whether you win or lose.

It is important that the attorney be willing to explain what the anticipated costs will be. Sometimes, the attorney will request a small retainer to cover anticipated court fees. 

Whether you will pay it on a contingency basis or not, you must understand the cost of proceeding with your case.

7. WHAT PERCENTAGE OF PERSONAL INJURY CASES GO TO TRIAL?

You may be able to tell based on the answer to this question whether or not the attorney really cares about getting you the maximum compensation.

If they rarely go to trial, then this may indicate that they are more concerned with getting a payout than fighting for your full compensation.

It is important that you hire an attorney who is willing to go to trial if necessary and who is prepared to win. The last thing you want is to hire an attorney who will only settle cases to avoid a trial. 

8. HOW MUCH DO I PAY IF I LOSE?

It’s important to ask this question because some lawyers will require you to pay for any case-related costs in addition to their contingency fee.

If your case is unsuccessful, ask your personal injury lawyer, who will cover these out-of-pocket expenses. 

At King Law Firm, you pay nothing if we fail to win your case.

9. WHO WILL HANDLE MY PERSONAL INJURY CASE?

Choosing the right personal injury lawyer for your case is important. In some large firms, it is not uncommon for the big-name lawyer to meet with clients before passing the case to an associate. 

Most lawyers are supported by staff while working on a case. However, you would like to know which lawyer will represent you during negotiations and at trial.

10. HOW LONG WILL THE PROCESS TAKE?

Bills pile up and paychecks are missed as your case progresses.

Additionally, you may be interested in knowing how long the legal process will take.

An experienced personal injury lawyer can give you an estimate based on past cases, but it’s not reasonable to expect an exact timeline.

ARE YOU SEARCHING FOR A LAWYER WHO CARES?

These are just a few questions you should ask your prospective personal injury lawyer. You can discuss many other matters with the lawyers you are considering. It is for this reason that we invite you to schedule a free consultation with us.

ARE YOU READY TO DISCUSS YOUR CASE? Get in touch with us today.

 

 

Having a Registered nurse as part of your legal team can be very beneficial

Jun 16, 2022

Having a Registered nurse as part of your legal team can be very beneficial

law firm registered nurse benefits

by King Law Firm

Having a Registered Nurse as part of your legal team can be very beneficial.

Not every personal injury law firm employs a registered nurse, but at King Law Firm, our Registered Nurse and Attorney, Caroline Cusick Crawford, is an integral part of our team and a valuable resource for our clients. 

What Is the Role of the Law Firm Nurse?

Although our nurse does not treat clients, she is often integral to their physical and legal recovery. Meet our Registered Nurse and Attorney, Caroline Cusick Crawford. Her role as a Registered Nurse includes but is not limited to: 

  • Conducts a thorough review of medical records in a timely and efficient manner. Medical records are important to the client for several reasons. A client seeking a financial recovery through the legal system after an accident will need to demonstrate how extensive the harm was done was, and prove that those injuries were caused as a result of the accident; this allows the justice system to attempt to value these injuries. We have an on-staff nurse who is willing to assist our attorneys and clients in this regard. In addition, many doctors’ appointments are rushed, which can make it difficult to remember all of your questions. In addition to their professional advice, a staff nurse can advise you on when you should follow up with your doctor, whether you should consult with other specialists, and what questions you should ask your treating physician.
  • Provides personal service to clients, assisting them to understand what the future may hold following their injuries.
  • Contributes to case discovery and expert witness work. Nursing experts know how to ask questions, demand answers, and communicate with patients.

Depending on the nature of your injury, one or more of these responsibilities may be beneficial to you if you were injured by a defective medical product, victims of medical malpractice, injured in a serious motor vehicle accident, or suffered from another form of negligence. 

Caroline Cusick Crawford, Registered Nurse & Attorney at Law

Caroline Cusick Crawford is both an Attorney at Law (JD) and a Registered Nurse (RN).  She studied law at Campbell University School of Law in Raleigh. Caroline’s nursing background and understanding of health-related matters equip her with compassion and insight as she counsels clients who are coping with family challenges, the loss of loved ones, planning for their futures, or addressing serious injury and end-of-life concerns. Caroline’s academic training includes a Bachelor of Arts in Communication/Journalism from East Carolina University, an Associate of Science in Nursing from Nash Community College, a Master of Nursing and a Master of Healthcare Administration-Informatics from the University of Phoenix, and a Juris Doctorate from Campbell University’s School of Law.  

Caroline and the entire team at King Law Firm can help you get the compensation and benefits you deserve.

Our team is very fortunate to have Caroline as part of it, as she works on every case where her expertise can be useful. At King Law firm, we approach every client the same way. Each of our attorneys, paralegals, nurses, and other staff members is involved in each case. We are committed to utilizing all of our resources, including our staff nurse, in order to focus on each individual case and to provide each individual client with the attention and care necessary to recover as fully as possible following an injury. 

Contact King Law Firm today for a free case consultation by calling: (855) 206-0052

 

Divorce Vs. Legal Separations

Dec 31, 2021

DIVORCE-VS-LEGAL-SEPARATION

Divorce Vs. Legal Separations

by King Law Firm

Divorce Vs. Legal Separations

If you and your spouse determine that it’s time for a change in your relationship or living arrangements, it’s essential to know your options and their legal ramifications. For some couples, a legal divorce will be the answer. For others, a temporary legal separation might be what they need. Just like no two marriages are the same, there are no cookie-cutter solutions to the changes that might need to occur within a marriage. When you work with an experienced North Carolina divorce attorney from the King Law Firm, you work with an advocate with your best interest at heart. They will ensure that you are well-informed about your rights and options.

Legal Separation

For some couples, a legal separation is a means to an end. They go through a separation before officially getting divorced. It might be a temporary solution to their problems or even serve as a trial divorce for other couples. Either way, it’s crucial to understand that you are still legally married during a legal separation. You don’t have the right to remarry until you get divorced.

In a legal separation, the couple maintains eligibility for joint health insurance and Social Security benefits even if they live apart. However, one significant drawback to a legal separation is that you could still be liable for the debts incurred by your spouse. With a legal separation, each spouse’s property inheritance rights are preserved if the other spouse dies. The spouse is still the next of kin. Therefore, they keep decision-making authority regarding medical care or financial issues if the other spouse becomes incapacitated or otherwise unable to make these critical decisions.

It’s imperative to note that a legal separation isn’t required to obtain a divorce. The couple must simply live apart for one year before being granted a divorce. Under either circumstance, it’s wise to have an agreement, similar to a divorce decree that details how essential matters will be handled, such as:

Divorce

Unlike a legal separation in North Carolina, divorce is a permanent end to a marriage. It requires financial and custodial plans and the division of assets. Once you are legally divorced, you have the right to remarry again. After the divorce is finalized, you are no longer responsible for any debts your ex-spouse might take on. You are also generally no longer next of kin when it comes to making important decisions in each other’s lives. Having a finalized divorce allows many people to finally move on to the next chapter of their lives.

Questions about Divorce vs. Legal Separations? The North Carolina Divorce Attorneys at the King Law Firm Can Help

Whether you are seeking a legal separation or a divorce, our well-versed North Carolina divorce lawyers take the time to get to know you and your goals for the future. This gives us the information we need to provide the personalized guidance you expect. Our trusted lawyers will guide you through the process of divorce vs. legal separation with a focus on understanding and fairness.

The King Law Firm maintains many office locations in North Carolina to assist family law clients like yourself.  If our locations aren’t convenient, we can also meet with you in other places. To receive your free family law consultation, call (800) 635-1683 or use our confidential online contact form.