Nov 19, 2018 | Auto Accidents |
By Roy McDonald, Attorney at Law The holiday season is fast approaching. While most of us will be celebrating with family and friends, there is something none of us want to think about: the holidays often mean increases in car crashes. The North Carolina Department of Transportation reported the following statistics for 2017 (the most recent year for which data is available): For the four-day Thanksgiving holiday period, there were 2,746 crashes reported Those crashes resulted in 1,213 injuries and 23 fatalities 207 of those crashes were alcohol related Over the four-day Christmas holiday period, 2,206 crashes were reported Those crashes resulted in 1,011 injuries and 5 fatalities 176 of these crashes were alcohol related The NC DOT captures contributing causes of all accidents reported to the police. Speed, lane departure, and distracted driving are three leading causes of accidents. While crashes involving alcohol accounted for only 4.1% of all crashes, these accidents were deadly. During the holidays, we are often in a hurry and distracted by our busy lives. It is crucial that all drivers be in the moment when they are behind the wheel. You may be a safe driver, but if the other person is impaired or distracted, you may pay the price. Safety Tips You can take steps to help avoid car crashes. Here are a few safety reminders. Drive defensively and be aware of your surroundings. Obey the speed limit signs, adjusting your speed down in cases of reduced visibility or other dangers. Leave a safe stopping distance between you and the car ahead. Focus on driving. Put away the mobile device, food/drink, and...
Oct 11, 2018 | Elder Law |
Updated for 2018 Placing a loved one in a long-term care facility is often one of the hardest decisions a family must make. As our population has aged, the number and type of these facilities have increased to accommodate the need. There are active adult communities, assisted living centers, special care units (memory care, palliative care, and others), nursing care facilities, residential care and specialized facilities for Alzheimer’s and dementia patients. Also available are progressive care campuses that offer residents a continuum from independent living through full nursing care. The search to find the “best” or “right” facility can be confusing and stressful. The challenges are compounded when a sudden health issue requires a quick decision. Not all long-term care facilities are created equal, and you want your loved one to have the best care possible. Here are some things to consider and some resources available here in North Carolina to help you make your decision: North Carolina adult care facilities are licensed and inspected by the state. There is a star rating system based on the annual inspection results. You may search by county, city or facility name. This is a good place to start but should not be the only factor in your decision. The search page is located at http://www.ncdhhs.gov/dhsr/acls/star/search.asp. Look at Medicaid’s nursing home comparison tool located at http://medicare.gov/nursinghomecompare/search.html. You can choose up to three facilities to compare. Note: Medicare is implementing a new star rating system. You can find a thorough explanation of the new rating system and how to review the facilities in comparison to the current star system. Tour the facility at...
Oct 10, 2018 | Business Law, Employment Law |
October ushers in fall and the beginning of holidays and celebrations. It is fitting that October is National Disability Employment Awareness Month. National Disability Employment Awareness Month was established by Congress in 1988 to applaud the many contributions by individuals with disabilities in our workforce, and to educate the public on issues encountered by those with disabilities. This year’s theme is: ”America’s Workforce: Empowering All.” Visit, What Can You Do to educate and inspire your team to focus on what each person CAN DO to effect and empower the team as a whole. We would like to take this opportunity to reiterate the importance of focusing on the “can do” by reminding employers of best practices: When hiring, you cannot discriminate because a person has a disability. What you can do is make reasonable accommodations for the individual so he or she can do the job without any barriers. The Americans with Disabilities Act Overview provides a good understanding of what you can do. Encourage team members to get to know each other. This helps put the focus on the person (and their abilities) rather than the disability. When referencing a person with a disability, you should not say “disabled person” or call the person by the name of the disability. Once an individual with a disability has been hired, remember to provide the same access to advancement, trainings, benefits and any other offering your company extends to all employees. Not all disabilities are visible or immediately apparent. Make certain all your supervisors and managers are aware of how to address requests for reasonable accommodations. Get your company involved! The...
Sep 14, 2018 | Estate Planning |
By Ryan McNeill, Attorney at Law The recent news stories in North Carolina of coastal residents evacuating due to the hurricane reinforces just how important it is to be prepared in the event of an emergency. Storing drinking water, non-perishable food items, and extra medicines will meet an immediate need. Unfortunately, many people stop their planning there. While Hurricane Florence is passing south of the Triad, the damage we are seeing on the news is a good reminder for everyone to add estate planning to their preparations for future events. Why Do I Need an Estate Plan? Many people put off estate planning assuming they will have time to deal with it later. Seeing a strong storm come ashore in the Carolinas reminds us there are no guarantees in life. Injury, illness, or death can occur at any time. No matter your age or financial situation, it is important to get your estate planning documents in place to cover whatever situation might arise. This includes documents to allow medical treatment as well as wills or trusts. What Documents Do I Need? There are some basic documents everyone should have, and others that are relevant to specific situations. Everyone should consider having the following advance directives: A healthcare power of attorney gives another person the legal right to make healthcare decisions on your behalf if you are unable to do so. A living will allows you to determine the extent of treatment for a medical condition when you are unable to state your wishes. This is sometimes referred to as a declaration of desire for a natural death. A third...
Aug 21, 2018 | Just Great Info, Uncategorized |
Brinkley Walser Stoner supports Communities in Schools Lexington, NC –Big Toy Day 2018 takes place Saturday, August 25 at the Davidson County Airport from 10 a.m. to 2 p.m. and is free for children age 10 and under, $5 for everyone else. The event is hosted by Communities in Schools of Lexington/Davidson County and Fly High Lexington. Area families are invited to come see the big “toys” on display, including fire trucks, planes, boats, hot air balloons, and more! “Brinkley Walser Stoner has been involved with Big Toy Day since its inception,” says Bradley Hunt, an attorney with Brinkley Walser Stoner. “It is a great event that raises funds to support needed programs and services for at-risk kids in our community. I encourage everyone to come out and see all the big toys on display and help these deserving kids.” Communities in Schools of Lexington/Davidson County offers mentors for at-risk students referred by their schools. They also support these students by providing for additional needs like backpacks and school supplies, weekend food programs, doctor visits, and more. About Brinkley Walser Stoner, PLLC Brinkley Walser Stoner prides itself on providing new and cutting edge legal counsel built on a foundation of knowledge and integrity. Brinkley Walser Stoner’s attorneys are first and foremost counselors, advising clients on their legal rights and options for appropriate solutions. Practice areas include business law, real estate, litigation, elder law, estate planning, injury and disability, criminal defense, traffic and DWI, banking, family law, municipal, governmental, and education law, among others. Brinkley Walser Stoner is an AV rated firm by Martindale-Hubble®. The firm has offices at 10...
Aug 9, 2018 | Just Great Info |
In most areas, the kids are getting ready to head back to school, so we wanted to provide a few tips to make it easier to get back into the swing of things. If you are new to the area, you will need to get your children registered and learn expectations and operational details. If your children are already enrolled but will be heading back to school, you will still want to look at potential changes in bus stops, starting and ending times, and more. Getting Your Children Enrolled in School When you buy or rent a home in a different city, county, or state, you will need to enroll your children in their new school(s). Your Realtor may have provided you with a list of the schools serving your new address. If not, you can check with the county to learn which schools your children may attend. In Davidson County, call 336-249-8182; for Guilford County, click here. Once you have determined the schools your children will attend, plan to make a visit during administration hours (these may differ during the summer, so call ahead) to enroll your child. Most schools will ask for copies of prior school records and immunization records. You can check current North Carolina requirements by visiting the North Carolina Department of Health & Human Services website. Take your list of questions about the school. We recommend finding out when the school’s open house is scheduled and attend and tour the school with your child. Considerations for Kids and Parents Shop ahead: Many schools now post their student supply lists by grade level online so...
Jul 2, 2018 | Criminal Law |
By E. Drew Nelson, Attorney at Law There is good news for many people in North Carolina who would like to have their criminal records expunged. If you have ever searched for a job after having been charged with a crime, you likely understand how frustrating it can be to find an employer willing to hire you. In North Carolina, even pending and dismissed charges can stay on your record forever. This is also true if you were tried and found innocent. The good news? Under North Carolina law, there are certain instances in which an individual may qualify to have their criminal record “expunged” and the previous arrest or conviction removed. The laws were changed under N.C. Senate Bill 445 in December of 2017 to expand the number of people who qualify to have their record expunged. It is estimated that up to two-million North Carolinians may benefit from this change, allowing them to apply to have their records expunged and make it easier to find employment and housing. Expungement (sometimes called expunction) is not an option in all cases. In the past, you were limited to one expungement in North Carolina in your lifetime. That has now changed. Individuals are able to apply to expunge multiple dismissed charges as long as the individual has not been convicted of a felony and does not have charges pending, among other requirements. The law does not allow you to expunge violent felonies, violent misdemeanors, or certain drug offenses. The individual applying for expungement must also have stayed out of trouble since the original arrest. There are other requirements that must...
