Kirk Kirk Howell Cutler & Thomas, LLP

01/06/2023

01/05/2023

What you need to know about elder abuse and neglence in nursing homes ⬇️

The Centers for Disease Control and Prevention defines “elder abuse” as “any abuse and neglect of persons age 60 and older by a caregiver or another person in a relationship involving an expectation of trust.” When a nursing home takes on the responsibility of caring for an elderly person, there is a trust relationship that is created between the institution, the patient, and the patient’s family.

The nursing home owes the patient and his or her family a duty of care. If the duty of care is breached, either intentionally or through negligence, the nursing home can be held liable for any damages suffered. However, because it is difficult to for a family member to hold them accountable, a lawyer who is experienced in nursing home neglect and abuse can help secure damages.

Learn more here:

If a loved one has been mistreated in a care facility, call our nursing home abuse attorneys in Raleigh - We hold abusers accountable and protect victims.

01/03/2023

Did you know unsecured debt comes from a legally binding contract stipulating that the consumer will make payments, but the debt that can’t be settled by forfeiting property. Examples of unsecured debt include:

✅ Credit cards
✅ Medical bills
✅ Home repairs

A credit card agreement or payment plan from a hospital are considered legally binding contracts. If those bills go unpaid for a period of time, usually past 120 days, the account will be charged off and will often move into the hands of a third-party debt collector. Learn more about debt collection here:

Whether you need support collecting outstanding invoices or are a consumer being harassed by collection agencies, our team can help you. Call us today.

12/28/2022

When should you file a police report for assault ⬇️

In order to build the best case with the most promising outcome that will find your alleged attacker guilty and serving jail time, the sooner you can file a police report the better. When the details of the assault are fresh in your mind and when evidence of the assault exists, you will always see a greater possibility of building a strong case.

A report filed with the police to keep a record of your attack is the first step in building your case. Once the case is reviewed and deemed a viable case, an arrest warrant is issued and the perpetrator will be taken into custody.

Learn more about assault charges here:

If you have been a victim of assault, or know someone who has or witnessed assault on another person, it is important to know your legal rights.

12/25/2022

Merry Christmas and Happy Holidays from Kirk, Kirk, Howell, Cutler & Thomas, LLP. We are wishing you a safe and joyful holiday!

12/21/2022

What is Rehabilitative Alimony ⬇️

Rehabilitative Alimony is a temporary alimony awarded that provides support until you get “back on your feet,” so to speak. The judge determines the amount and sets a short period of time, though the specifics are dependent on your unique situation.

Learn more about the types of alimony you may be awarded here: https://www.kirkkirklaw.com/legal-resources/eligible-for-alimony-from-spouse/

12/19/2022

How creating a trust can help protect your assets ⬇️

If you want your assets to go to certain beneficiaries you can place those assets in a trust. These assets will go to the person who you name the beneficiary. This way you don’t have to worry about assets going through probate and ending up where you don’t want them.

Because these assets are no longer yours when you place them in a trust, they also can’t be touched by creditors. Consulting an asset protection attorney is a good way to determine how to keep your wealth and possessions safe.

Learn more here: https://www.kirkkirklaw.com/legal-resources/asset-protection-with-estate-will-planning/

12/15/2022

Drinking a beer before the age of 21 may not seem like a big deal. In fact, college parties and similar events may seem like a rite of passage. However, the State of North Carolina takes underage drinking very seriously and offenders face strict penalties and punishments. An underage DWI conviction (without any previous convictions or additional charges) is punishable by:

✅ Immediate license revocation for up to one year
✅Up to 60 days in jail
✅ Up to 60 days in jail
✅ Community service
✅ Substance abuse or alcohol treatment

Learn about North Carolina's strict underage drinking laws and what can happen if you're facing charges.

12/13/2022

What is First-Degree Trespassing?

With a first-degree trespass, a person must have entered a property or building that was clearly enclosed to show the owner’s intent to keep intruders out. This is charged as a Class 2 Misdemeanor, and is punishable with up to a $1,000 fine and 60 days in jail. However, this can escalate into an A1 Misdemeanor charge if certain criteria are met.

So it is important to know the situation well, learn more here: https://www.kirkkirklaw.com/legal-resources/what-is-considered-tresspasing-in-north-carolina/

12/03/2022

If you have found yourself facing legal questions related to self defense or protecting your home, it’s important to be aware that justifiable force may or may not include deadly force. First, you may use justifiable force to defend yourself against another person who is using illegal force against you. You also have the right to use deadly force if you have a reasonable belief that doing so is necessary to prevent death or serious bodily harm to yourself or another person. Basically, if you are investigated or even charged with a crime for using force against someone, the investigator or jury would have to determine if using force was objectively reasonable and that the average person would feel they were in grave danger.

However, the Castle Doctrine is not applicable when force is used against a law enforcement officer or bail bondsman who is carrying out official duties legally and either identified themself or the person using force would reasonably know the individual was a police officer or bail bondsman.

Learn more about this topic here:

Under Castle Doctrine in NC, you have the right to defend yourself and your home against threats, but we’re looking at what that really means.

12/01/2022

One of the most common mistakes when it comes to asset protection is ignoring your assets. Many people think that asset protection is only for the very wealthy. But, that’s not the case at all. Everyone can use asset protection whether it’s for a savings or checking account or other types of wealth. The goal with asset protection is to make sure that what is yours is not taken by someone else. You want your assets to go to your chosen heirs, not anyone else.

People also make the mistake of taking on the job of asset protection themselves. This is not wise because unless you’re an asset protection attorney, you don’t know all of the legal steps to take. You don’t want to skip something or make a mistake that could cost you your fortune.

When it comes to estate planning and drafting wills, you also want to make sure any paperwork is reviewed by an estate lawyer. So let us help you today, learn more here: https://www.kirkkirklaw.com/legal-resources/asset-protection-with-estate-will-planning/

11/29/2022

Should you pay your traffic ticket or go to court?

The most important reason why you should not just pay off a traffic ticket is the possibility that you will incur points on your North Carolina driving record, which can result in insurance points. Your insurance company is allowed to substantially increase your premiums for three years following a conviction of a traffic violation. Also, by just paying your ticket off, you will pay a fine, which may not be ordered by a judge in court.

Additionally, attorneys can often appear in court on your behalf, which can keep you from having to miss work or school. A knowledgeable attorney should be familiar with the North Carolina traffic and insurance laws, which would allow them to effectively negotiate with the State. By doing so; this could result in no driver’s license points or insurance points. Learn more about how we can help you fight your traffic ticket here: https://www.kirkkirklaw.com/legal-resources/should-i-pay-my-traffic-ticket-or-fight-it-in-court/