Legal Aid helps Hurricane Floyd victim recover…
A sample of cases handled by Legal Aid of North Carolina
[NOTE: This is an actual case submitted by an attorney from the Legal Aid of North Carolina office in Wilmington, NC.]
The client had called the Legal Aid of North Carolina Office in Wilmington,
NC to ask for help in obtaining additional emergency assistance funds
from the Federal Emergency Management Agency (FEMA) for repairs on her
home. Quickly this case switched from a FEMA claim situation to an insurance
claim.
The client’s home had sustained wind and rain damage during Hurricane
Floyd, but the aid she had received from FEMA had not covered the needed
repair work. Unfortunately, the client’s husband was very ill and hospitalized,
and the client had to devote much of her time to being with him.
A paralegal went to the client’s house, took pictures of the damages,
and gathered all the letters that the client had received from FEMA. On the client’s behalf, a Legal Aid attorney quickly filed a partial
appeal to FEMA and indicated that she would send more information as
it was gathered. The appeal also noted the medical condition of the
client’s husband and the client’s limited availability.
The day after the Legal Aid visit, the client’s house burned to the
ground.
To further complicate an already dire situation for the client, the
insurance agent denied that he had ever received a payment on the couple’s
homeowners insurance policy. Fortunately, the couple had been dealing
with their attorney regarding debt consolidation prior to Hurricane
Floyd, and the attorney had paid the insurance payment with the funds
obtained from that action. In fact, the attorney had possession of the
cancelled check that had been made out to the insurance agent.
The Legal Aid attorney contacted a local, private attorney and received
a commitment from that attorney to provide free (pro bono) legal help
to assist the client in pursuing her insurance claim. Note: The insurance
agent was clearly at fault and the insurance company will be honoring
the claim.
In late April, the client’s husband died. Legal Aid staff located
in Wilmington, NC is voluntarily assisting her with finding resources
to help her cope.
This case alludes to the fact that the Hurricane Floyd disaster may
have been just one of several incidents that residents of Brunswick
County had to endure following the Hurricane Floyd flooding. Obviously,
effective advisors needed to use common sense and flexibility in order
to help such victims endure during these times.
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NOTE: Immediately following the Hurricane Floyd disaster in November
1999, Legal Aid of North Carolina re-allocated staff and other
resources from its other North Carolina Legal Aid regional programs
and conducted community meetings in eastern North Carolina regarding
Hurricane Floyd recovery needs. Legal Aid of North Carolina produced and distributed
a disaster assistance brochure and compiled and distributed disaster
assistance manuals. Legal Aid of North Carolina also partnered with the North Carolina
Department of Commerce to provide legal advise and assistance to the
flood victims of Hurricane Floyd, partnered with the North Carolina
General Attorney’s office to serve as the "first line" of legal referral,
participated in the NC Disaster Relief Housing Counselor program Legal
Referral Team, and trained and supervised Americorp VISTA volunteers
for community education/outreach in eastern North Carolina. Regardless
of income level, flood victims of eastern North Carolina could contact
a Legal Aid of North Carolina office for free legal advice and counsel regarding
disaster relief. Below is a brief summary of one of the more than 1,500
cases handled by Legal Aid of North Carolina staff from November 1999 through April
2000.
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Mission Statement
Legal Aid of North Carolina is a statewide, nonprofit law firm that
provides free legal services in civil matters to low-income people in
order to ensure equal access to justice and to remove legal barriers
to economic opportunity.