Mast, Mast, Johnson, Wells & Trimyer, P.A.

ARE YOU GOING THROUGH A POTENTIAL DIVORCE?

Divorce can be one of the most difficult times in a person’s life to go through, especially when children are involved. In the event that you and your loved one are unable to work through your situation our law firm is here to assist you. Many things may be running through your mind and will need to be addressed including:

• Alimony / Post separation support (PSS)
• Child support
• Custody
• Property division

When can you get a divorce?

 

In North Carolina, we have a no-fault divorce law which essentially means that you need to be living separate and apart for a year (i.e. living in separate residences). Just because there is an attempt to reconcile briefly or you stay temporarily at the other’s home does not necessarily restart the year time frame.

In our state you can be actually separated (lived apart for one year), have a separation agreement (establishing the date of separation), or have a judicial declaration that you are separated.

In any event, all of these issues are often emotional and difficult to handle, but our attorneys at the Mast law firm are here to help and guide you through this process. It may be and can be extended process, but we’ll be with you the entire step of the way.

If a resolution through a separation agreement cannot be reached, which can be the most efficient and cost-effective way of handling a separation, a lawsuit may be required to be filed with the courts.

Also to consider before meeting with us is to have as much information as you can obtain regarding your families assets, debts, finances, etc. If you need assistance with any of the above issues, please give us a call to assist.

This article was written by attorney Ron Trimyer, feel free to email me at ron@mastfirm.com.

UNDER-AGE DRINKING AND UNDER-INSURANCE COVERAGE

   

In a recent settlement, the estate of a 21 year old settled with several defendants and obtained a default judgment against the others. An eighteen year old driver left a party hosted by a friend and consumed alcohol while there. After leaving, she struck and killed the 21 year old man.  The estate of the deceased brought suit against the driver, the hosts of the party, and against the convenience stores which sold the alcohol to minors that used fake ids. The 18 year old only had $200,000.00 of coverage which was paid to the estate, and a judgment in the amount of $6 Million dollars was obtained against the host parents. The convenience stores apparently settled for approximately $250,000.

    An important lesson can be learned from this lawsuit. First and foremost, do not buy or allow your children or their friends to drink if they are underage.

    Second, make sure your insurance coverage that you have on your family members’ vehicles includes coverage for both underinsured and uninsured. Most policy holders have uninsured, which is the situation if your vehicle is struck by someone without insurance. However, your company may not offer you “under-insurance”, which is the situation where the at-fault driver strikes your vehicle and injures you, but has coverage which is insufficient to cover your medical expenses.

Under-insurance coverage protects you and your family in the unfortunate event someone injures you or a loved one.  It is recommended that you have at least one-million dollars of coverage for 1) your liability, 2) uninsured, and 3) underinsurance. When you speak with your agent and discuss your rates, you’ll notice that this add coverage does not often substantially increase your premiums.

With recent changes in North Carolina law, it is extremely difficult to hold a convenience store or bar / restaurant liable for its patrons, even though most commercial policies have coverage well into to the six figures.

In the case referenced above, it can be gathered from the facts that the family of the deceased will only recover the $200,000.00 paid from the insurance company, as it is unlikely that the parents (hosts of the party) have the capability to write a check for $6 Million dollars, and will likely file bankruptcy. As you can tell, the amount the family recovered is nowhere close the amount of compensation deserved for the loss of a loved one, especially one so young.

In the unlikely event that you or a loved one has been injured as a result of another driver, please give us a call so that we can assist.

 

This article was written by attorney Ron Trimyer, feel free to email me at ron@mastfirm.com.