Tag: Kelly & West

7 Questions To Ask Your Personal Injury Attorney

Written by kwmlaw on January 12, 2023. Posted in Kelly & West News.

Severe injuries are likely to come without warning. If you or someone you know is injured due to someone else’s fault, you might need clarification about how to proceed with a case and how to prepare. After getting immediate medical help, your next step should be speaking with an experienced Personal Injury Attorney. Do this before you speak with anyone else.

During that first meeting with an attorney, you probably have questions. But here are seven others you should ask:

Have you handled cases similar to mine? What were the outcomes?

It is essential to know that your attorney has handled similar cases in the past and ask how many. The more experience your attorney has, the better your chances of receiving rightful compensation. Don’t be shy about asking how those cases turned out, either.

How often will you communicate with me?

Communication is key to a successful personal injury case. Your attorney should let you know exactly where they are in your case so you can prepare for the next step. Don’t be afraid to contact them if you have questions.

How can I be involved in my case?

Make sure you meet or speak with your attorney at least once a week. Also, ensure you deliver all necessary documentation or bills related to the accident. Notify your attorney if insurance companies, doctors, or associates ask you questions regarding your case. Getting caught off guard can lead to case disruptions.

How will I be paying for your services?

Every case is different and may result in fixed fees and contingency fees. The fixed fee amount is determined by the tasks associated with your case. The contingency fee is based on the result of your case,

so you don’t have to pay until your case is a success.

What if I need help with creditors?

Unfortunately, it is not uncommon for financial disruption to occur. Report to your creditors as soon as possible to let me know of your accident. Your attorney should be willing to contact your creditors if you need them to do so.

Is there anything I can do to help make sure that I get fair compensation?

Getting fair compensation from an insurance company takes work, and it is imperative that you talk with your attorney about what you can do to make sure that you receive fair compensation. Often insurance companies want to see evidence that you have followed the advice of your doctors and any restrictions. Talk to your attorney about how you can help ensure you get the compensation you deserve by getting the treatment you need.

When can we settle my case?

Every case is different; however, most cases follow a similar pattern: you get injured, you receive medical treatment, you get better, and you get released from your doctor. Since insurance companies only pay you one time in one lump sum to settle your case, it is essential that you get all the medical treatment you need before settling your case. Talk to your attorney about what your attorney is looking for to trigger settling your case so you will know what to expect.

Your list of questions should not be limited to this list. Every case is unique, calling for unique decisions to be made. If you are a victim of an accidental injury, the attorneys at Kelly & West can get you the compensation you deserve. Schedule a free consultation today and see what we can do for you.

Everything You Need to Know About Paralegals

Written by kwmlaw on October 14, 2021. Posted in Kelly & West News.

Attorneys need a lot of help when preparing cases and resolving a variety of people’s needs. There is a lot of research, organizing, and behind-the-scenes activities that go into the work we do. We wouldn’t be able to do it without the help of paralegals. But a lot of people wonder, what exactly is a paralegal?

What is a paralegal?

The American Bar Association defines a paralegal as “A person qualified by education, training or work experience who is employed or retained by a lawyer, law office, corporation, governmental agency or other entity and who performs specifically delegated substantive legal work for which a lawyer is responsible.”

In general, paralegals are responsible for organizing, evaluating, analyzing, and communicating legal concepts. All of these tasks are done under the direct supervision of attorneys. If you are thinking about becoming a paralegal, make sure you check your state regulations.

How to Become a Paralegal in NC

The North Carolina State Bar created the Plan for Paralegal Certification in order to help sustain the industry of paralegals in North Carolina through certifications. The certification process includes meeting certain educational standards and passing exams made by the NCSB. After being certified, they will receive one of the following titles:

NC Certified Paralegal
NCSB Certified Paralegal
Paralegal Certified by the NCSB Board of Paralegal Certification

Educational requirements include an associate, bachelor’s, or master’s degree in paralegal studies. Other law school degrees qualify such as a Juris Doctorate degree. The certification process can’t begin without an educational background.

It is legal to work in North Carolina as a paralegal without having the certification, but the certification is highly recommended. Many paralegals find that having a certification helps them be competitive while searching for a job.

What does a paralegal do?

The daily work of a paralegal can vary depending on the attorney’s office of which they are employed. The majority of paralegals spend most of their time doing the following:

Case planning and development
Scheduling deadlines
Drafting/filing documents
Fact-checking
Researching and analyzing
Contacting clients

The daily routine of paralegals is not limited to this list. Attorneys may hire paralegals to do much more including locating witnesses, assistance in trials, and case management.

What we do wouldn’t be possible without the help of paralegals, and we thank our team for their hard work!

Contact the Kelly & West team today.

Motorcycle and Car Accidents: How Are They Different?

Written by kwmlaw on June 24, 2021. Posted in Kelly & West News.

All drivers on the road, whether on a motorcycle or in a car, are required to follow the same traffic laws. However, the legal outcomes of an accident can differ depending on the vehicle.

If you were in a motorcycle accident, you may think that your case would be handled the same way as if it were a car, but there are significant differences that mean you may deserve more than what you think. For example, the driver of the car may be at least partially liable because cars have more safety advantages over motorcycles.

Here are other differences between motorcycle accidents and car accidents that many jurors and insurance agents will not know. A good motorcycle accident attorney will help educate and advocate for you.

Many people who do not own or ride motorcycles may perceive those who do as daredevils or dangerous. An experienced attorney will inform the jury of your actions, as a rider, to take precautions and drive safely.
An attorney can also educate the jury about actions you took during an accident that may look wrong to a car driver, such as laying the motorcycle down.
Motorcycles are more difficult to see because they are significantly smaller than a car. Because of this, a driver of a car may not see a motorcyclist when turning or merging into another lane.
There are hazards on the road that are more dangerous for motorcyclists. For example, potholes, slick roads, and debris can mean life or death for someone on a motorcycle, but may not have as much effect in a car.
Fender benders are common among car accidents, but even a “tap” can seriously injure a motorcyclist if hit from behind. In fact, cars take longer to stop than motorcycles do, so if someone is driving too close to the back of a motorcyclist, then that could mean negligence on the car driver’s part.
There are fewer safety precautions for a motorcycle than cars. Because of this, injuries from a motorcycle accident can be more serious, take longer to heal and keep you out of work longer than a car accident. Read these safety tips to cover how you can stay safe on the road.

Having an attorney familiar with laws regarding motorcycle accidents means that you can rely on someone that is familiar with what applies and how these accidents are different from car accidents.

Our firm has more than 35 years of experience. If you were in a motorcycle accident, contact us. We can help you understand your options and make sure you receive the compensation you deserve.

6 Legal Questions to Ask Before Buying a Home

Written by kwmlaw on April 15, 2021. Posted in Kelly & West News.

It is easy to fall in love with a home and forget about all those important legal questions you should ask before making an offer. It is important that you have these questions ready for your attorney and the seller’s attorney before moving forward with your purchase. The answer may not always be what you want to hear, but it will save you time, money, and many headaches in the future.

You are wise to be doing some research before making your purchase. Here are some questions that we feel are important to ask, because real estate agents may not always tell you upfront.

1) Do I need a real estate attorney to create a contract and to close on the house?

The law varies from state to state. In North Carolina, the majority of these sales contracts are presented to the home seller by the real estate agent. The agents usually use a standard form by the North Carolina Association of Realtors. However, a real estate attorney can complete the contract for you if it makes you feel more comfortable.

2) Are there any liens or claims on the property?

An attorney will do title searches and acquire title insurance for the home buyer after you have entered into a written purchase contract. This means we will examine any public records of present and previous owners to find any liens or claims on the property. And for a good reason; only after a title search will you learn that something may be wrong with the title to the land. The previous owner may not own the land, or the property may have claims that must be paid in full upon closing.

3) What should I look for in the property deed?

A real estate attorney will make sure that the property is transferred to the buyer without any defects shown in the public records. The property deed is the document that says the home buyer legally has ownership of the home or property. Also, make sure to ask if there are any deed restrictions that may prohibit certain construction on the property or use of the property. The deed needs to be notarized and then recorded in the county’s Register of Deeds office.

4) Are there any problems with the house?

Make sure you ask questions about the roofing, foundation, insulation, and any appliances or air systems that have been repaired or replaced. In NC, the seller is legally required to complete a “Residential Disclosure Statement” as a part of the “offer to purchase” whereby the seller is required to answer numerous questions about the conditions of the house. Also, make sure you ask to see the paperwork. Without any documentation, it is hard to be absolutely sure that the seller really replaced that AC system.

*Caveat Emptor, or Buyer Beware, puts the responsibility on the buyer to learn about any defects or problems with the home. If you wait until after closing, it will be too late. There is an Implied Warranty of Fitness, which means the seller should ensure that the property is habitable, but it can be hard to enforce and prove this in court.

5) What if something goes wrong after putting down a deposit on the home?

There are instances where you may put a deposit down, but then the house doesn’t pass inspection, or your mortgage isn’t approved. These contingencies should have been addressed in the Offer to Purchase Contract. In addition to Ernest Money, the buyer can pay a non-refundable “due-diligence fee” which allows the buyer to get its Ernest Money if the buyer cancels during the due diligence period which is the time period set for the buyer to inspect the property. The seller’s agent or attorney will hold the deposit. To get your deposit back, you may have to put up a fight. The seller’s agent/attorney will not be able to release your deposit unless they have consent from the seller. Make sure everything is in writing and pay close attention to the detail and dates in the contract. Your real estate agent is of great advantage to you in this case.

6) Is a short sale possible?

A short sale is when the seller owes more money on the property than the price that they are asking. Although it sounds like it may give you the upper hand in the bid, it is actually better that the seller has a good amount of equity in the property. If they do owe more than they are asking, it is unlikely that the seller will pay for closing costs or any repairs. The main complication is that the bank holding the debt has to agree to accept less than what is owed to it.

Keep in mind that the real estate market is always changing. Depending on when you are looking to purchase a home, the market may be more influential for the buyer or the seller. Don’t procrastinate on finding the answers to these questions because you may miss the chance to buy the home that you absolutely love.

Contact us today if you have more questions about buying a home and would like to consult with a professional real estate attorney at Kelly & West.

What is TRID and How Can an Attorney Help You?

Written by kwmlaw on July 25, 2017. Posted in Kelly & West News.

Buying a home is an exciting and important step in your life, but there is much more to it than picking out the ideal home. There are dozens of forms to read and sign, terms to negotiate, and meetings to attend. One way the government has tried to uncomplicate this procedure is by revising previous laws and enacting the TRID rule for most closed-end mortgages.

What is TRID?

TRID was enacted in 2015 and is the combination of two Acts: the Real Estate Settlement Procedures Act (RESPA) and the Truth In Lending Act (TILA). TRID may be more commonly known as the “Know Before You Owe” rule.

Two Documents

TRID means you’ll see two extra documents:

The Loan Estimate: A three-page form that the buyer receives after applying for a mortgage. The estimate includes the estimated interest rate of the loan, monthly payment, total costs, and more.
The Closing Disclosure: A five-page form that provides the final details about the selected mortgage. The information contained in the Closing Disclosure is similar to the Loan Estimate, but the totals are the final, thus guaranteed, amounts by the lender.

What is A TRID-Certified Lawyer?

A TRID-certified lawyer will know all the details of TRID so you don’t need to stress about the details. Reggie Kelly, one of our own experienced attorneys, is TRID certified and can give you the guidance you need so you don’t miss any important dates or fine print that may work against you.

What Does TRID Outline?

Timing – With TRID in place, there are now strict timing guidelines in place that must be followed. The Loan Estimate must be provided to buyers no later than three business days after the lender receives the application and another copy no later than seven business days before consummation. The Closing Disclosure must be received no later than three business days before consummation. This matters to buyers because missing a timeline can mean missing out on that home you wanted.

0% Tolerances Category – This applies to the section in the Loan Estimate that details out loan fees and other fees. Fees paid to the lender, mortgage broker, or an affiliate must be written so that buyers cannot be swindled. You can also see exactly what you are paying for besides the cost of the property.
Written List of Providers – The lender must detail out a written list of settlement providers for which the buyer may shop for and the lender must provide sufficient information for those providers to be contacted and must state that the buyer may select a different provider for that service if desired. This helps you as a homebuyer to have access to providers, but know that you are not obligated in any way to use one of the lender’s providers. You always have the option to choose for yourself.

What Loans Are NOT Affected?

Home Equity Lines of Credit (HELOCs)
Reverse mortgages
Mortgages secured by a mobile home or dwelling not attached to real property

An Attorney Can Help

TRID was created to create fairness so consumers will understand what is happening in the home-buying process. But that doesn’t mean the game is always fair. Sometimes lenders can lead buyers to think something is required of them that is not. Even real estate agents may not be as trustworthy as you’d like. On the contrary, an attorney acts as your representative and only has your best interests in mind.

Navigating through the detailed process of home-buying can be daunting if you don’t have anyone representing you. An experienced attorney knows what TRID entails and can ensure that you’re given a fair deal and treated right.

Kelly & West have over 30 years of experience. Contact us to see how we can help you through the process of making your dream home a reality.

Why You Should Use a Lawyer Instead of an Online Site for Your Will

Written by kwmlaw on May 19, 2017. Posted in Kelly & West News.

We know you’ve seen or heard about websites that offer do-it-yourself legal services. Maybe you’ve met someone who can set you up with a Will for a low cost. You’ve weighed your options: pay for a lawyer or complete a much cheaper online template? We’ll admit it can be tempting, but with those savings comes a bit of a headache. Here’s why we suggest choosing a lawyer over an online service for your North Carolina Will.

False Sense of Security

You often don’t know if there are errors in your legal documents until too late. Errors in a Will are often only revealed after death. Similarly, problems in a contract are not normally identified until the parties are already engaged in a fight and looking at the contract to provide legal backing for their side.

One of the biggest issues that people have encountered when using do-it-yourself document preparation sites is that consumers are left with a false sense of security after completing these documents by themselves. Online legal documents can be out of date, inaccurate, or just flat out wrong, which may get your documents thrown out of court. Some of these websites do not use the standard state forms, which means a county clerk may reject it. Also, fill-in-the-blank Will forms are not always valid under North Carolina laws.

Small errors can have significant consequences. When the stakes are high, the last thing you want is errors in your legal documents. In one recent case, a missing comma cost a company millions of dollars.

May Not Provide the Counsel You Need

Planning for the future of your family or estate rarely is as simple as an online template would lead you to believe. Every situation is unique and should be treated as such as such.

Unfortunately, the disclaimer of online legal sites that their services are clearly not a substitute for the advice of an attorney, a lot of people use these websites with the mindset that by purchasing these services they can completely dodge hiring a lawyer, and therefore do not double check that their documents are executable.

Even with their guarantee of legal professionals on-hand to help, an online service is not a law firm. When you’re filling out these forms online, the company is not permitted to review any of your answers for legal sufficiency, draw legal conclusions, provide legal advice or apply the law to the facts of your particular situation.

If you are thinking of drafting up legal documents whether that be a Will, contract, or power of attorney, please contact Kelly & West Attorneys. We will walk you through the process of setting up these documents with excellent customer service and over 30 years of experience. Let us help you prepare for the future.

8 Questions about Creating a Will in North Carolina

Written by kwmlaw on January 4, 2017. Posted in Kelly & West News.

Creating a Will is something many people put off. We don’t want to think about what happens after we die, and we always think we have more time to get our Will done.

This New Year’s, it’s time to make a resolution: get your Will done as soon as possible. Creating a Will with your attorney is easier and probably less expensive than you think. We often hear questions about the process, so here are some of the most frequent questions along with answers:

How much does it cost to create a Will?

An attorney can help you through the process and ensure professional aid when drafting your Will. Prices can start as low as $200.00 to get the Will done, so it’s very economical, even when you get an attorney to help you.

While there are services online that help with Wills, some of these do not create valid documents. Please ask us about a particular service you are considering.

How long does it take to create a Will?

Creating a Will may be done quickly or take weeks to complete. This all depends on your situation. If you have few assets, not a lot of property, and one or two beneficiaries, creating a Will can be as quick as a few days. Wills take longer if your estate is more complicated.

Do I need an attorney? Can I hand write my Will?

This all depends on your situation and finances. Of course, having a qualified expert on your side will aid you tremendously since attorneys know the rules of the game and how to benefit you the most in the end. You are not only paying for the Will, but also to ensure that proper measures are taken for all your assets.

North Carolina considers holographic (handwritten) Wills legal if found after death in place intended for safekeeping. However, there is no guarantee this Will may be found or entered into the record, so it’s best to at least make someone aware of its existence if you do not want to create an official document with an attorney.

Should my spouse and I have a joint Will or separate Wills?

We do not recommend a joint Will because you cannot probate them separately, thus this makes it very difficult to probate the Will and administer the estate of the second spouse to die. Also, the surviving spouse needs to have the ability to make changes to his or her Will, which is very difficult to do with a joint Will.

What happens if I die without a Will?

If you die without a Will in North Carolina, then your estate is distributed according to intestacy laws. Your property will be divided amongst your closest relatives – your spouse and children. If you are not married and don’t have children, then your property is distributed to your parents, if living, or to your aunts, uncles, nieces and nephews, if your parents are not living upon your death. If not survived by any family members, your estate may escheat to the State of North Carolina, to be held in a fund that may be able to be claimed by some distant family member in the future, if that family member is aware of the existence of the fund and makes a claim.

Where should I keep my Will?

You need to store your Will in a place that is safe from water, fire, and smoke damage. You also need a place that is safe from theft. We recommend that you allow the Clerk of Court in the county in which you reside to deposit your Will for safekeeping.

Some people prefer to store their Will in a safe deposit box at the bank or in their home. If you do choose to use a safe deposit box, make sure your executor and beneficiaries know where it is and how to open it. Also, grant your executor the legal ability to take possession of your Will upon your death by making sure they can open your safe deposit box after you die.

Whom should I name as executor?

Your executor should be someone that you trust and have known for a very long time. This person will have complete access to your Will, and the obligation to make any financial decisions needed upon your death. Consider immediate family members and your spouse before anyone else.

How often should I update my Will?

We suggest that you look at your Will every couple of years. Changes need to be made due to certain circumstances. Consider the list below.

Changes in the law
Change in finances (successes and failures)
Change in your health
Change in committed relationships
Becoming a parent or grandparent
Losing a spouse or children

If you find yourself in any of these situations, update your will as soon as possible so that your assets can be divided exactly as you plan. Otherwise, you may leave your family with a state or court-ordered decision.

If you have any more questions about what is best for you and your family’s future, don’t hesitate to contact us. Call us today for a free consultation and let Kelly and West protect you and the ones who matter the most.

An Overview of the Law Schools in North Carolina

Written by kwmlaw on March 14, 2016. Posted in Kelly & West News.

An Overview of the Law Schools in North Carolina

Thinking about being a lawyer and are looking at schools in North Carolina? If so, you are in the right place. North Carolina has five main law schools ranked in the top 200 law schools, based on smart rank. Smart rank is calculated by combining traditional law school rankings with other statistical data, such as, admission selectivity, employment rate, and bar exam performance. The five schools include, North Carolina Central University (NCCU), Campbell University, Wake Forest University, University of North Carolina – Chapel Hill (UNC), and Duke University. The attorney team at Kelly and West attended Campbell University in Raleigh, NC.

Photo credit: cjnew via VisualHunt.com / CC BY-NC-ND

Duke University

The law school at Duke University is located in Durham, NC. Based on the smart rank calculations, Duke is ranked number 5 and according to US News & World Report law school rankings Duke is tied at #8 with UC-Berkeley and UVA. Duke has an acceptance rate of 23.3%, and average LSAT score of 169 and average undergraduate GPA of 3.76. The average cost per year for a full time student attending Duke is $55,588.

University of North Carolina – Chapel Hill

The University of North Carolina is located in Chapel Hill, NC. Using the smart rank system, Chapel Hill is ranked #28 with an acceptance rate of 44.6%, an average LSAT score of 161, and average undergraduate GPA of 3.49. UNC is currently tied at #34 with five other schools across the U.S. based on the 2016 rankings from US News & World Report. For an in-state student tuition runs around $22,560 per year and for an out-of-state student the tuition is about $39,191 per year.

Wake Forest University

Wake Forest University is located in Winston-Salem, NC. According to the 2016 rankings from US News & World Report, Wake Forest is tied at #47 with University of Florida (Levin) and University of Maryland (Carey). Based on the smart rank system, UNC is ranked #52 with a 55.6% acceptance rate, an average LSAT score of 161, and an average undergraduate GPA of 3.60. Wake Forest is a private university with tuition running around $42,276 per year for a full-time student regardless of residence.

Campbell University

The law school at Campbell University is located in Raleigh, N.C. The tuition for a full-time student is around $38,645 per year. Using the smart rank, Campbell in ranked #105 with an acceptance rate of 62%, an average LSAT score of 152, and undergraduate GPA of 3.24.

North Carolina Central University

North Carolina Central is located in Durham, NC. NCCU is ranked #167 with an acceptance rate of 47.2%, an average LSAT score of 145, and an undergraduate GPA of 3.24, based on the smart ranking system. Tuition runs around $12,655 per year (in-state, full time) and $27,696 per year (out-of-state, full time).

While Duke, UNC, Wake Forest, Campbell, and NC Central are the main law schools in North Carolina based on ranking, they are not the only ones. There are two other notable law schools in North Carolina, UNC Charlotte and Elon University. UNC Charlotte is located in Charlotte, NC and was founded in 2005. For a full time student attending UNC Charlotte the average cost per year is about $41,348. Elon University is located in Greensboro, NC and is considered a private university. The average cost of attending Elon School of Law full time per year is $37,924.

Christmas Party at Kelly & West

Written by kwmlaw on December 23, 2014. Posted in Kelly & West News.

We took our team to Angus Barn this year for our annual Christmas Party. We are so appreciative of our hardworking staff. Thank you to everyone who makes our firm great. Happy Holidays!

Kelly & West Attorneys Celebrates 32 Years

Written by kwmlaw on October 20, 2014. Posted in Kelly & West News.

Thomas West and Reggie Kelly form Kelly & West.

Kelly & West celebrated its 32nd anniversary on October 1, 2014. Founding partners Reggie Kelly (left) and Thomas West (right) joined forces in 1982.

Originally located just next door at 826 South Main Street in Lillington, the original staff was very small. Soon thereafter, the firm met much success and quickly outgrew their smaller office space, tearing down an old service station at 900 South Main Street and building the building.

Now, after 26 years of continued success in the newly constructed building, the firm employs three attorneys and a 10-member support staff. With state-of-the-art technology, including advanced case management and digital imaging software, Kelly & West has effectively transitioned into the 21st century and looks forward to serving the local community for many years to come.