February 22, 2019

As I’ve mentioned throughout this website, attorneys vary widely in their specializations.  For an analogy, suppose you’re getting ready to hire a surgeon to operate on your brain. Would you rather hire a neurologist, who specializes in the study of the brain, or would you rather hire an orthopedist, who instead has specialized in setting broken bones?  The choice is obvious.

Unfortunately, the choice is often not quite so obvious in the legal field.  And, just as all doctors must have a strong general understanding of the human body, so too must lawyers have a competent general understanding of the law. But beyond that general understanding, some degree of specialization is a virtual requirement for a lawyer to excel at her or his prac...

May 18, 2018

Much has been written and opined about regarding the motivations of parties to lawsuits to press litigation or else to mediate a dispute.  After all, understanding these motivations is a key puzzle piece in mediating and settling a dispute.  However, when an insurance company is providing a defense for a party to the lawsuit, the motivations and policies of that carrier are suddenly very different, as they become a prime decisions maker in the dispute.

At Asheville Legal, we most often see insurance carriers paying the defense lawyers for defendant builders in construction defect lawsuits.  This is because commercial general liability policies typically require the carriers to provide such a defense if and when they are sued for neglige...

May 16, 2018

If you’re facing resistance from your insurance carrier on a property claim in North Carolina, you probably have a number of questions, including: How long is this going to take?  The answer will, of course, vary by case, but it could end up taking a long time, and it could be surprisingly costly.

The vast majority of real property insurance policies in North Carolina contain a provision for what is called “appraisal”.  An appraisal can be invoked when you and the insurer disagree regarding the value of a loss.  Note, however, that a disagreement over the value of a loss is not the same as determining whether or not a given loss is covered under the policy.

When appraisal is invoked, the insurer and insured each select an appraiser, and...

May 14, 2018

 As I’ve stated in other posts on this site, understanding what motivates another party to settle or litigate a dispute is an essential key to achieving an optimal outcome through settlement, as well as in assessing litigation as a viable strategy.  Generally, there are certain important things you must consider in attempting

First–and this is just the first step–you must have a solid gauge of how strong your case is.  If you’re a plaintiff, you must have a good and accurate grasp of your liability arguments and the extent of your damages.  If you’re a defendant, you need to know how likely it is the plaintiff will win, and the extent of risk if they do.

Second, you must ask who your opponent is.  Are they a large company?  An insur...

March 24, 2018

At the beginning of any lawsuit, there are a multitude of key factors that must be considered. One that clients sometimes overlook, but that is often very important regards the venue–or location and courtroom where your dispute is likely to take place.

For a number of reasons, it is often to your benefit for your lawyer to bring your case in a forum with which the lawyer is very familiar.  For one thing, every county court and federal court has its own particularized and extensive set of rules governing deadlines, various procedures, and methods for submitting and filing materials.  A lawyer who knows these rules is far less likely to be caught off-guard by them and probably has a pro-active game plan designed around them.

Also, lawyers...

March 15, 2018

For a thrilling and fast-paced reading experience, Asheville Legal highly recommends Ultimate Verdict!  Writing under his pseudonym Michael Winstead, Asheville Legal's senior partner Michael Wimer weaves a complex, fictional tale of vigilante justice. 

When the conviction of a confessed murderer is overturned on appeal due to a technicality, the Judge who sentenced the criminal heads a cabal to mete out justice despite the system.  Can they successfully carry out their unique brand of justice while staying one step ahead of the law?

To get your copy, you can follow this hyperlink to the book's page on amazon.com.

To learn more about the author, you can find his web page here.

March 9, 2018

As anyone who has been through the civil court system knows, lawyer fees are very expensive–sometimes even dwarfing the damages that may be awarded in the lawsuit.  Although predicting legal fees that are likely to result from litigation is extremely difficult, at Asheville Legal we strive to keep our clients apprised of the range of possibilities when it comes to our projected fees.

With lawyer fees being so expensive, clients nearly always have this question on their minds:  “Can I make my opponent pay for my legal fees?” Unfortunately, the answer to this question is usually “No”–but not always.

The general rule for all 50 states is that each party to a civil suit is responsible for paying its own legal fees.  You may win 100% your breach o...

November 7, 2017

It’s no secret that hiring a lawyer to litigate a civil lawsuit on your behalf can be very expensive.  The reason for this is because litigation is an extremely time-consuming endeavor, and many attorneys charge as much as several hundred dollars per hour for time working your case.  For this reason, you’re likely to save money if you can help your attorney reduce the time he or she must spend working on your matter.

One of the best ways to help reduce your legal fees is to be extremely organized and forthright with the documents you have pertaining to your legal matter.  For example, a client involved in an insurance dispute must carefully organize emails, letters, claims estimates, receipts or invoices for covered services and materia...

May 30, 2017

When consulting with a new client about the possibility of bringing a lawsuit, this is always an important–and critical–question that must be addressed.  It’s no secret that lawyers are expensive; so the question on everyone’s mind through case assessment is going to be: “How are we all going to get paid?”

Many factors are looked at, including, primarily, the strength of your case in terms of liability, as well as the full extent of your damages.  But even if your case for liability and damage is fantastic, you still don’t have a case if you cannot hold a “deep pocket” responsible for paying on either a judgment or a settlement.

The “deep pocket” is often an insurance company.  This is usually the case in most car crash lawsuits.  After all,...

May 26, 2017

If you ever find yourself in the middle of a construction lawsuit, you’re going to learn that many of the facts are in the hands of the expert witnesses.  This is because construction techniques are often very foreign to folks from outside the industry.

Many of the detailed building techniques utilized on construction projects are exceptionally detailed, and are far from obvious.  For example, did you know that a “shingled” roof is not water-tight, but rather sheds water downward and outward?  Or, did you know that house wrap must be flashed into windows in a particularized way before siding gets put up?  For virtually every trade involved in building a home–from design (both architectural and structural), to framing, plumbing, electric wiri...

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We are North Carolina litigation and business law attorneys. We focus our litigation practice on complex legal matters with significant issues of law or damages. Whether you are a private individual negatively affected by the actions of another, an entrepreneur starting or protecting a business, or working through governmental regulations, we have the experience and skills necessary to ensure you have effective, efficient legal representation. Call Wimer & Snider at Asheville Legal for your consultation today. 828-350-9799.

The attorneys at Wimer & Snider, P.C. in Asheville have represented clients in much of the United States, including North Carolina, South Carolina, Georgia, Florida, California, Virginia, and Texas. We are licensed to practice law in North Carolina and Texas. Our offices are conveniently located in the arts district of West Asheville, NC.   Phone: 828-350-9799

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