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Tuesday, June 21, 2016

Why Giving a Statement Can Hurt Your Criminal or Civil Case

Whenever you encounter any trouble with the law, remember that your words can come back to haunt you. No matter how much you might want to plead your case, always try to remember the value of silence. Here’s a look at how providing a statement devoid of legal counsel can hurt a criminal and civil case.
Remember, if you have a phone, you have a lawyer -Contact The Law Offices of William H Harding.

False Confession

It may seem a little unbelievable that someone would confess to a crime that they didn’t commit, but police use scare tactics and intimidation to coerce false confessions out of innocent people. Some interrogations last for hours as investigators take advantage of a person’s duress, exhaustion, fear, and ignorance of the law in order to get a confession. If you are truly innocent, wait for a lawyer and let your criminal defense lawyer proceed accordingly. Also, keep in mind that police interrogators are permitted to use deceit in their questioning.

Self-Incrimination

You may be totally innocent of a crime, but any small detail can be used against you in court. In the event that someone’s house was robbed and you mention to interrogators that you did not like the victim, you immediately incriminate yourself and become a suspect. Minor statements like that can make you look guilty even when you are innocent. Refrain from making any statements and you will not have the chance to incriminate yourself.

Contributory Negligence

Statements do not have to be in the written form to hold up in court. Oral statements can also be used against you. Even if you are the plaintiff in a Charlotte personal injury law case, you could admit to some minor infraction on your part and that could keep you from getting any compensation. In civil cases where contributory negligence is proven, plaintiffs receive nothing in the state of North Carolina.

Lessens Chance of Recovery

When dealing with an auto accident, don’t feel as though you need to give a statement to insurance companies. These companies are looking for ways to get out of paying you and they know how to manipulate victims. It is always wise to consult an auto accident attorney first. A failure to do so automatically gives insurance companies the upper hand, while lessening your chances of recovery.

It helps to have an attorney speak for you and make sure there is no chance you will inadvertently damage your own case. William H. Harding is ready to stand by your side in both criminal and civil cases as your defense and accident attorney in Charlotte.  The Law Offices of William H. Harding can walk you through the legal process from start to finish.

Tuesday, June 14, 2016

Contributory Negligence Rule Can Help Defendants in North Carolina

The specifics of contributory negligence laws differ from state to state when it comes to personal injury cases. North Carolina is one of the states that still enforces contributory negligence to the exact doctrine. If contributory negligence is proven in a North Carolina personal injury lawsuit, then the plaintiff is unable to recover any compensation at all. 

Contributory negligence occurs when a plaintiff is at some kind of fault for his/her personal injuries. For example, someone might be driving 20 miles per hour over the speed limit and is struck by another driver who ran a stop sign. The accident would appear to be the fault of the driver who ran the stop sign, but the other driver’s injuries may be intensified by the act of speeding. Therefore, the driver who ran the stop sign could claim contributory negligence on the other driver’s part.

In some states, the use of this tactic could greatly reduce the compensation that would be paid out by the driver who ran the stop sign. This would be on the basis that the other driver’s injuries could have been lesser if he/she was not speeding. However, according to NC Attorney William H. Harding, North Carolina has an all or nothing stance on contributory negligence. In North Carolina, if a plaintiff is proven to be at fault in some way, then the plaintiff is exempt from recovering any damages. The defendant will have to pay nothing in compensation.

Plaintiffs accused of contributory negligence sometimes make the plea that they were in danger and their actions were unavoidable. It is then ultimately up to the court to decide whether the plaintiff was displaying prudent behavior. But if the plaintiff was not behaving in a prudent manner, then the plaintiff will have to pay all medical expenses that were a result of their personal injuries.

Many other states have adopted a different stance on this issue which actually shares the fault among plaintiff and defendant. Those states award plaintiffs partial compensation under the doctrine of comparative negligence in which plaintiff and defendant share expenses. Nevertheless, North Carolina defendants who can prove contributory negligence will not have to pay out any personal injury compensation. Comparative negligence is not recognized in North Carolina.

If you are facing charges and are in need of an accident attorney in Charlotte or the surrounding area, contact The Law Offices of William H. Harding. With years of experience as a Charlotte injury attorney, William H. Harding will provide you with a top notch criminal defense services.

Reference:
http://www.ncleg.net/gascripts/Statutes/StatutesTOC.pl