December 29, 2016

If you’ve followed along with our blog postings, then you know that a complaint is the first major document a party files in court, and it sets forth why the plaintiff is entitled to relief.  But what happens when the complaint is inadequate and fails to set forth a right of recovery?  That’s when the complaint is subject to a motion to dismiss.

A motion to dismiss is a request by the defendant who is sued to eliminate some or all of the plaintiff’s claims before the lawsuit really gets off the ground.  In North Carolina, the moving party must show that the facts of the complaint--if taken as true--fail to establish a right to recover.  This typically happens in one of two different ways.

First, a claim may be subject to dismis...

December 26, 2016

When you hire a lawyer to represent you in a lawsuit, you are hiring a skilled and trained professional--one who knows the problems and pitfalls you’re likely to face in court.  Of all these major pitfalls, few are more dreaded, more serious, or more easily walked into than the pitfall known as the deadline.

Lawsuits are driven by deadlines.  Almost any document that gets filed and/or served in a lawsuit may have any number of attendant deadlines attached to it.  In North Carolina, if you file a complaint, you have only five days to issue a summons, followed by sixty days to actually serve the complaint on the opposing party.  That party gets thirty days to then file an answer to the complaint.  After that, there are thirty day deadlines att...

December 17, 2016

When initially assessing a lawsuit, one major factor to consider is getting your suit filed in the right court.  Having an understanding of how the various courts will impact your case can be a big difference in winning or losing your lawsuit, and can have a whole host of ramifications.

First, you will want to determine whether to have your lawsuit take place in state court or federal court.  This is important because these courts apply different procedural rules to your case, and can have different standards that apply to different types of motions.  For example, in federal court, the standard on a motion to dismiss is much lower for the party that wants to dismiss the other’s case than the standard is in North Carolina state court.  F...

November 21, 2016

Know how to avoid lawyers who will take advantage of their superior position of knowledge and your trust.

October 24, 2016

Have you ever struggled with your insurance carrier to obtain coverage for a loss that you felt should’ve clearly been covered?  Assessing insurance coverage is monumentally difficult and confusing–and this is even so for attorneys who regularly study and practice insurance law!  As a result, the average layperson navigating a claim can easily feel outmatched and outgunned, thereby acceding to the stingy coverage conclusions of the adjuster, which are often extremely disappointing.  

Given that every claim the carrier pays out works against its profits, it’s no small wonder that insurance companies look for opportunities to deny or underpay on coverage claims–and they can and will take advantage of the confusing process to do just...

September 21, 2016

If you’re a carpenter or other skilled tradesman who often works in construction before getting completely paid, then you’re probably aware that North Carolina has mechanic’s and materialmen’s lien laws.  These laws allow a person or business entity who performed labor improving real property to file a lien against that property if the owner fails to pay for that work.  The lien acts as a cloud on title, frustrating further real property transfers, and ultimately allowing you to foreclose on the property as a means to enforce a judgment.

But as any good construction lawyer knows, there are strict statutory deadlines for filing these liens and for filing lawsuits to enforce them.  In North Carolina, you have 120 days from the date of the...

August 31, 2016

Many consumers purchase insurance, thinking they are secure, only to learn that when disaster strikes and they need to make a claim, they do not have the insurance coverage they thought they purchased.  In situations in which a consumer has asked for insurance to cover a specific risk, or to include certain coverages, the insurance broker who solicited and sold the policy can be liable for failing to procure that insurance.

We have seen a recent uptick in situations in which clients have learned they were underinsured, or didn't have the coverages requested, because the insurance broker did a poor job.  In the right circumstances, an insurance broker owes a duty to procure the coverages requested, advise the client of the terms of the policy...

December 15, 2015

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Whether you are a business with widespread operations or an everyday individual just working to make ends meet, chances are good at some point you will find yourself filing a claim for insurance to cover some major loss. Although we entrust our insurance companies to provide us with the coverages we need on promises that we are “in good hands,” or that the insurer is “like a good neighbor,” the reality is that insurance companies, like all businesses, are profit centers, meaning every penny your carrier pays on your claim is a penny that affects its bottom line.

Today, the claims department of the insurer is a key component of the profit-generating machine. This means that when you file a claim, your insurance company can and will look for...

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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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