Getting a Personal Injury Lawyer

If you are involved in an accident that leads to an injury as a result of another party’s negligence, you need to file a claim with the help of an attorney. A personal injury attorney in Garner NC can help you to get compensation for medical bills, lost wages, rehabilitation or other form of damages as a result of the accident. With the help of an attorney, you never have to deal with insurance adjusters who want to give you undeserving compensation in order to quickly close the case.

Experience in claims handling

A personal injury attorney comes with extensive experience handling cases like yours. He/she will pursue proper legal action and gather witness statements and other supporting documents to increase your chances of a successful outcome. You don’t have to spend time preparing for litigation if you have a reliable personal injury attorney with you.

Legal procedures can be complicated

Personal injury law can be very complex even when the case appears pretty simple. There are confusing medical terms, lots of paperwork and different forms of damages that you may not even be aware of. An attorney will handle all the paperwork and every aspect of your case to ensure you spend time recovering and get on with your life after a successful outcome.

Get the right team on your side

An attorney will usually seek the help of medical specialists and other team of investigators to help their clients win cases. They have experience analyzing the technical aspects of your personal injury claim and usually know whether you are likely to win or lose. They work with the right people to provide the information required to prove negligence.

Objectivity

When you decide to represent yourself, pain, anger, frustration and fear may interfere with your ability to see the facts clearly. However, an attorney will be very objective when handling your case. He/she has the ability to advice you based on the facts.

Obtain full and fair compensation fast

With the help of an attorney, you may never have to go through lengthy and complicated trials but you still obtain the compensation you deserve. An attorney will advise on using an alternative dispute resolution method such as arbitration to solve your case. He/she may urge you to agree to settle with an insurance adjuster out of court if they are offering a reasonable settlement. Remember that the faster you solve the case and obtain fair settlement the quicker you are able to get on with your life and obtain financial support to receive proper medical care.

 

Garner NC

Garner is a town in Wake County, North Carolina, United States and a suburb of Raleigh. The population was estimated to be 27,814 as of July 2014

According to the United States Census Bureau, the town has a total area of 14.8 square miles, of which 14.7 square miles is land and 0.04 square miles is water.

Garner is situated completely within Wake County. There are actually unincorporated aspects of Wake County and Johnston County which have Garner postal addresses, including a portion of the unincorporated, but densely populated, Cleveland Community.

Garner got its start with the arrival of the railroad through the area beginning in 1847. In that year, after a tie-breaker vote by the Speaker of the State House of Representatives, what is now Garner was chosen as the location of a station of the North Carolina Railroad between Goldsboro and Charlotte. “Garner’s Station” started with the construction of a post office in 1878, and the town of Garner’s Station incorporated in 1883.

Farming was the chief source of income for the early settlers of Garner and nearby areas, with cotton the primary crop. Prior to the turn of the century, some small businesses were beginning to be created. The first business in Garner is said to have been a wood shop owned by Henry Fort. Fort was said to have been a fine cabinetmaker and carpenter, making wardrobes, bureaus, and other pieces of wood furniture still being used by some Garner residents today. One of the first grocery stores in town was owned by Thomas Bennett. Other early businesses included a mercantile business owned by H.D. Rand, a drug store operated by George Montague, and several general stores run by people such as C.H. Dupree, Jr., R. Garner, J.B. Hobby, and J.R. Williams. Along with general stores and cotton gins in the area, other businesses such as blacksmith, repair shops, barber shops, livery stables, and boarding houses existed. The first bank was established in Garner in 1910. H.D. Rand was president and J.A. Weathers was the cashier. In 1912, telephone service came to Garner. In a short while, there were as many as 10 subscribers. The first switchboard was operated in the home of Vera Jones. The telephone service closed after two years and then returned in 1924. The business and residential life of Garner continued to grow continuously over the years, with additional rapid growth in recent times.

With the increased population and residential growth, Garner has burgeoned in business and service establishments, both within the corporation limits and the extraterritorial jurisdiction of the town. Town officials predict the town will continue to grow at a rapid rate.

Garner currently operates under a council-manager government whereby the Garner Town Council is the publicly elected legislative body of the town, and appoints a Town Manager to manage the administrative operations of the town. The Town Council consists of the Mayor and five Town Council Members, one of whom serves as Mayor “Pro Tempore.”

Just a stone’s throw from the heart of the bustling state capital, Garner has retained its small-town charm while boasting an exceptional quality of life thanks to hundreds of acres of award-winning parkland, an abundance of recreational and cultural arts opportunities and a broad array of shopping and dining options. Garner offers easy access to one of the nation’s premier cities. Town residents know that they are closer to downtown Raleigh (a mere 10 minutes!) than many City of Raleigh residents–but not so close as to erode the hometown feel that makes Garner special.

Garner is a North Carolina city with a lot of history and a big future ahead. Take the time to visit this great example of a North Carolina town and enjoy everything Garner has to offer.

Clayton NC

Clayton is a town in Johnston County, North Carolina, and considered a satellite town of Raleigh. As of 2010, Clayton’s population was 16,116 people. Much of that growth can be attributed to the town’s close proximity to the Research Triangle area and access to major highways such as I-40, U.S. 70, and NC 42.

In 2006, construction began on the Highway 70 Clayton Bypass, a 10.5-mile (16.9 km) stretch from Interstate 40 along the southern portion of Clayton to Highway 70 business in Smithfield. It was completed in June 2008.

The Town Hall is located at 111 East Second Street in Downtown Clayton. The Town Hall complex is shared with The Clayton Center Auditorium and Conference Center.

The community which has grown into the Town of Clayton was built on a road cut by Governor Tryon’s troops around 1770 as they marched North from New Bern to Hillsborough against the Regulators. Nearly 100 years later the railroad came through and the community had its first name—Stallings’ Station, since the depot for the North Carolina Railroad was in the home of Mrs. Sarah Stallings. The name lasted only three years, however, before officially becoming Clayton. Incorporation followed in 1869.

The state began to change during the 1970s. An industrial base began taking shape and residential growth was increasing in the Raleigh area nearby. Clayton’s workforce adapted, shifting to a more service/trades-oriented economy and the town began to grow once again. By 1980, the population had grown to 4,091 and to 4,756 by 1990. The population then jumped to 6,973 in the year 2000 census. Today, manufacturers like Caterpillar and bio-pharmaceutical companies like Grifols (formerly Talecris) and Novo Nordisk are big local employers. In 2010, the population had increased to 16,116.

The highest elevation is 370 feet, near Clayton and the city is located in the east-central part of North Carolina; bounded by Wilson, Wayne, Sampson, Harnett, Wake and Nash counties.

The population of Clayton was 174,938 (2012) the fastest growing county in North Carolina in the last ten years and in the top 100 fastest growing counties in United States during same period.

There is plenty to do in Clayton so take some time to visit this great little town and enjoy the many businesses Clayton has to offer. Clayton will be sure to impress and leave you wanting to come back for more, with everything from hair salons to pony rides, you will definitely find what you are looking for during your stay.

 

Selma NC

The citizens and businesses of Selma welcome you and invite you explore the Antique Shops & Malls in Uptown Selma conveniently located off I-95, Exit 98. Be sure to visit us June 17-18 of this year for the 4th annual 301 Endless Yard Sale. Selma marks the half-way point on a route that extends over 100 miles and 5 counties along Highway 301. You can find great deals on antiques and collectables as Selma’s antique dealers and local collectors set-up shop along the highway and in the uptown area.

In 2015 the Great American Country channel sent their show Endless Yard Sale Showdown to film an episode along the length of the sale.

Selma was officially chartered as a Town on February 11, 1873, but the Town’s true birth took place on May 1, 1867 when there was a public sale of lots around a newly established station on the North Carolina Railroad. Selma was born as a “Railroad Town,” and our rail heritage is still evident today, with our recently renovated 1924 Union Depot supporting Amtrak service. The Town is also home to the Mitchener Station, which was built in 1855 and thought to be the oldest surviving train station in North Carolina. When Interstate 95 was built in the late 1950s, the Town experienced growth due to its proximity to the Interstate. Today, there are many hotels and restaurants located in the area for visitors traveling on Interstate 95.

One of Selma’s most famous residents was Lunsford Richardson, who was born in 1854 on a farm near Selma. He rose to fame as the inventor of Vick’s Vapo Rub. After graduating from Davidson College at the top of his class, he became a teacher and then a pharmacist, working out of Dr. Joshua Vick’s drugstore in Selma. While in Johnston County, he invented Richardson’s Croup and Pneumonia Cure Salve and later changed the name to Vick’s Salve in honor of Dr. Vick. The name was then changed to Vick’s VapoRub and a nationwide advertising campaign made the name a household word. In 1905, Richardson convinced the Postal Service to allow him to mass-mail his advertising circulars simply to “Boxholder” instead of individuals. Because this marked the first such mailing, Richardson gained the dubious distinction of also being known as “the father of junk mail.”

Selma is located in the great Coastal Plains of North Carolina. It lies in the richest agricultural sections of America, 30 miles east of Raleigh and 115 miles west of the Atlantic Ocean off of US Highway 70; 75 miles south of the Virginia state line and 115 miles north of the South Carolina state line off Interstate 95 from Exits 97 and 98.

Whether you want to shop, run errands, dine, or just sit back and be entertained, Selma is the place to be. From trinkets to treasures, our antique stores have items to delight all ages and interests. You can truly “Shop ’til you Drop.” When your feet need a rest, you can just sit on one of the comfortable benches that line our streets.

Selma also offers a wide range of services. It is within easy walking distance to banks, dental care, hair and nail salons, veterinary care, auto repair, shoe repair, printing service, groceries, a pharmacy with an old fashioned soda fountain and hand-dipped ice cream, seafood market, and more. You’ll be amazed at how many errands you can complete in a short amount of time!

Princeton NC

Princeton is a town in Johnston County, North Carolina, United States. Each May the town celebrates Princeton Community Day, a festival dedicated to promoting community involvement and town pride. The town also holds Municipal Elections in November on odd number years to elect it’s mayor and town council.

The Princeton Graded School is listed on the National Register of Historic Places.

According to the United States Census Bureau, the town has a total area of 0.7 square miles (1.8 km2), all of it land.

Princeton is a very small town located in the state of North Carolina. With a population of 1,259 people and just one neighborhood, Princeton is the 379th largest community in North Carolina.

Princeton is neither predominantly blue-collar nor white-collar, instead having a mixed workforce of both blue-collar and white-collar jobs. Overall, Princeton is a town of service providers, sales and office workers and professionals. There are especially a lot of people living in Princeton who work in food service (15.85%), sales jobs (15.36%) and office and administrative support (13.56%).

As is often the case in a small town, Princeton doesn’t have a public transportation system that people use for their commute.

In Princeton, just 9.98% of people over 25 hold a college degree, which is very low compared to the rest of the nation, whereas the average among all cities is 21.84%.

The per capita income in Princeton in 2010 was $17,228, which is lower middle income relative to North Carolina, and low income relative to the rest of the US. This equates to an annual income of $68,912 for a family of four.

Princeton is a very ethnically-diverse town. The people who call Princeton home describe themselves as belonging to a variety of racial and ethnic groups. The greatest number of Princeton residents report their race to be White, followed by Black or African-American. Important ancestries of people in Princeton include English, Irish, Dutch, Scots-Irish, German and Italian.

The most common language spoken in Princeton is English.

Princeton, North Carolina is a great town to visit and explore. Loaded with friendly citizens and many businesses, you will enjoy taking a day to come to Princeton.

 

Smithfield NC

Smithfield is a town in Johnston County, North Carolina, United States. In 2010, the estimated population was 12,965. It is the county seat of Johnston County. The city is home to the Ava Gardner Museum and is situated along the Neuse River, where visitors enjoy the annual Smithfield Ham & Yam Festival, walks along the Buffalo Creek Greenway and the historic downtown district. The town is located in North Carolina’s famed Research Triangle and is approximately 29 mi (47 km) southeast of downtown Raleigh. The Raleigh-Durham-Cary Combined Statistical area has a population of over 2 million residents.

According to the United States Census Bureau, the town has a total area of 11.4 square miles (30 km2), of which 11.4 square miles (30 km2) is land and 0.09% is water.

The Atkinson-Smith House, Brooklyn Historic District, Downtown Smithfield Historic District, Hood Brothers Building, Hood-Strickland House, Johnston County Courthouse, North Smithfield Historic District, Smithfield Masonic Lodge, U.S. Post Office, Former, and Watson-Sanders House are listed on the National Register of Historic Places.

As of the census of 2000, there were 11,510 people, 4,417 households, and 2,676 families residing in the town. The population density was 1,007.6 inhabitants per square mile (389.1/km²). There were 4,674 housing units at an average density of 409.2 per square mile (158.0/km²). The racial makeup of the town was 62.66% White, 30.99% African American, 0.43% Native American, 0.63% Asian, 0.02% Pacific Islander, 4.14% from other races, and 1.13% from two or more races. Hispanic or Latino of any race were 9.90% of the population.

There were 4,417 households out of which 26.6% had children under the age of 18 living with them, 42.1% were married couples living together, 14.9% had a female householder with no husband present, and 39.4% were non-families. 35.7% of all households were made up of individuals and 16.3% had someone living alone who was 65 years of age or older. The average household size was 2.30 and the average family size was 2.97.

In the town the population was spread out with 21.3% under the age of 18, 8.3% from 18 to 24, 29.2% from 25 to 44, 22.9% from 45 to 64, and 18.2% who were 65 years of age or older. The median age was 39 years. For every 100 females there were 99.4 males. For every 100 females age 18 and over, there were 97.6 males. The median income for a household in the town was $27,813, and the median income for a family was $37,929. Males had a median income of $29,567 versus $24,440 for females. The per capita income for the town was $18,012. About 14.5% of families and 20.6% of the population were below the poverty line, including 27.1% of those under age 18 and 19.2% of those age 65 or over.

Head on over to Smithfield and try some of their world famous bbq and spend some time exploring this great NC treasure.

Mast Firm obtains 10th largest NC recovery of 2015

Charles Mast and the Mast Firm went up against three of the largest and most prestigious law firms in the State to represent and recover fair damages for his client, who was injured when a surgical table electrically folded up on her during a hysterectomy surgery. This recovery was the 4th largest injury recovery in North Carolina during 2015, and the 10th largest recovery in the State overall.

A woman injured while undergoing surgery entered into a confidential, pretrial settlement for $5.3 million two days before her trial was scheduled to begin, her attorneys reported. Many of the details of the case are being withheld due to a confidentiality agreement, but the plaintiff’s attorney, Charles Mast of Smithfield, said his client suffered vaginal and rectal tearing and a back injury, and subsequent depression and diarrhea because the defendants failed to read, understand and follow warning labels on a surgical table. “The surgical table mechanically folded up into a U-shaped position during a hysterectomy, causing the inserted speculum to tear plaintiff from vagina to rectum,” Mast wrote in an email. Mast said the back injury was a lumbosacral plexus injury, which is often caused by vehicle-pedestrian collisions, highspeed automobile accidents and falls from great heights. The back and vaginal pain, Mast said, is permanent. The woman has been unable to have vaginal intercourse since the incident, and “diarrhea and depression continue to be a problem,” Mast wrote.

Source: North Carolina Lawyers Weekly January 11, 2016 I VOL.27, no. 45

Click here to see article (pdf)

Alienation of Affection Laws in NC Amended

North Carolina is one of the few states that still allow what is termed “heart balm” statutes, such as the claims of Alienations of Affections and Criminal Conversation.  Both of these claims can be asserted by a spouse against at third party (i.e. boyfriend/girlfriend) who has had a “relationship” with the other spouse. For Alienations of Affections, essentially you must prove that the acts of the Defendant alienated or caused the love and affection that used to exist between the spouses to dissipate. With Criminal Conversation, you only need to prove that the Defendant had sexual intercourse with the spouse of the Plaintiff spouse.

However, the Generally Assembly just passed a statute which limited the scope with which a hurt spouse can recover under the theory of Alienation of Affections. The statute limited the conduct to those which occurred while the Plaintiff and his/her spouse were together. So, under the new law, if the Defendant does not have any relationship until after the husband and wife separate, then the Defendant cannot be held accountable for his acts.

Additionally, the new law prohibits a suit from a suit against a corporation or business entity.  Previously, some Plaintiffs have tried to sue the employer businesses of the Defendant alleging that the employer condoned or encouraged the acts of affair. However, with the passage of this new statute, that has been prohibited. lastly, this does not prevent a claim for “Criminal Conversation” which is the mere act of intercourse with a married spouse.

Alienation of Affection – Criminal Conversation in NC

Mast Law Firm – Smithfield NC Divorce Lawyer

Almost all marriages have their ups and downs and unfortunately too many end in divorce. It is especially difficult when children are involved. You have many issues to deal with including custody and visitation of the children, child support, alimony and property division. A common question that arises: who gets to stay in the home and how am I going to pay for it?

An added element that can fuel to the hurt a spouse may experience is if there is a third person involved in a relationship with your husband or wife.

A few states still have “heartbalm” statutes which allow a civil cause of action. North Carolina is one of those states that allow Alienation of Affection and Criminal Conversation claims. Other states include Hawaii, Illinois, Mississippi, New Mexico, South Dakota, and Utah. What are these causes of action?

ALIENATION OF AFFECTION: With this claim a spouse must prove that he/she had a genuine and loving marital relationship which was destroyed by the wrongful and malicious conduct of a third party. The claim does not necessarily need to involve a lover, but can even include family members or other third parties.

CRIMINAL CONVERSATION: This claim is somewhat simpler… that a third party engaged in an adulterous affair (sexual intercourse) with a married spouse. While NC still technically has a law on the books which makes intercourse between unmarried persons criminal, most likely if anyone was ever charged it would be stuck down as unconstitutional under the precedent of U.S. Supreme Court.

PROOF / EVIDENCE: Proving your claim can be difficult because most the evidence is circumstantial, but some forms can include videotapes by private eyes (PIs), emails, letters, photographs, etc. Post separation conduct (i.e. relationship following separation) is not direct evidence of these claims but can be used to corroborate pre-separation acts if there is evidence of such.

DEFENSES: Defenses to these claims can include the fact that the spouses were not happily married, that a spouse consented to a third party relationship, the parties were separated, or that the 3rd party was unaware of the marriage.

If you have a claim against another person for the destruction of your marriage and you desire to bring such a claim feel free to give our office to set up a consultation.

This article was written by Ron Trimyer. ron@mastfirm.com

Knowing Your Rights – Search and Seizure

CRIMINAL LAW: ILLEGAL SEARCH & SEIZURE

In State v. Morton, the Court of Appeals recently held that the officer had performed an “Illegal Search and Seizure” of the Defendant which led to his arrest and conviction. Generally, under your U.S. Constitutional Rights, you have a right to be free from unreasonable searches and seizures absent special circumstances. A special exception would be where the officer has a reasonable belief that the individual is armed and dangerous (i.e. sees a handle of a pistol sticking out of waist band of pants).

The detectives in the investigation requested to speak with the Defendant regarding a drive-by-shooting and drug dealing. According to the officers, the police department received a “tip” but there was no record of who provided the tip or whether they had provided reliable information in the past. This particular Defendant was known by the Detectives as he had voluntarily spoken with these detectives on several other occasions regarding unrelated matters in the past, just as he did in this case. However, on this day, while speaking with the Defendant, the Detectives proceeded to “frisk” him and found some incriminating evidence against him which was used to prosecute him.

Since the officers knew the Defendant, had spoken with him on previous occasions, and had no reason to believe that he was a threat to them, the Court held that any evidence acquired off his person was excluded from trial.

• Original article from Attorney Ron Trimyer – Oct 28, 2009

It’s important to know and understand your rights.  If you feel that something isn’t quite right, or there’s even a small doubt about any legal issue that you have in Johnston or Wake County North Carolina, contact the Mast Law Firm.  With Smithfield legal offices and law offices in Garner NC, we serve the Wake, Johnston, Harnett and Wayne areas regularly including communities including Selma NC, Princeton NC, Four Oaks, Benson, Garner, Kenly, Clayton NC and Raleigh.  At Mast, we believe in making sure you know YOUR rights.  Call us today for more legal information or to schedule an appointment with one of our criminal law specialists.