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Tuesday, May 16, 2017

Why Giving a Statement to the Insurance Company After an Accident Can Harm Your Case


Following any type of auto accident, it usually doesn’t take long for an insurance company to get involved. However, insurance companies are not going to be on the side of those who are injured. Their main job is trying to pay out as little as possible. That being said, there are many reasons not to give a statement to an insurance company following an accident.

In the event that an insurance adjuster demands that you give a statement, immediately decline and contact a Charlotte accident attorney. In accidents where you are a victim, you are usually dealing with another insurance company. They do not have your best interest in mind.

Obtaining a recorded statement will let the insurance company know exactly how to prepare a defense. It will also enable them to come up with a strategy that could offer a settlement lower than what you deserve. Giving a recorded statement is basically like showing your hand before you have to.

It is also important to note that not all injuries do not surface right after an accident. If you give a recorded statement and claim no neck pain, but then you start to experience neck pain two days later, your statement will make it appear as though you are lying. That could be extremely damaging to your case.

A statement given to an insurance company or adjuster is not made while under oath. Nevertheless, the insurance company can use that statement against you. Also, remember that whoever is taking your statement has done this before. As you speak, that person will be immediately looking for ways to twist your words to use them against you. Regular people are not accustomed to the intricacies within these kinds of statements.

When you are involved in an accident in which both parties have the same insurance company, you should still be wary. The insurance company may attempt to underestimate the value and basically turn against you.

Insurance companies are also looking to settle as quickly as possible, but you don’t have to submit to their pressure. Personal injury cases can be very detailed so your best move is to plead the fifth when asked for a statement and consult a personal injury lawyer.

If you are injured in a Charlotte auto accident, visit WilliamHHarding.com. It helps to have someone on your side, who will give you the chance to get what you rightfully deserve. The Law Offices of William H. Harding will see you through the entire personal injury process and make sure insurance companies do not take advantage of your claim.

Tuesday, April 18, 2017

What to Expect From a Personal Injury Lawsuit

law, personal injury, personal injury attorney, personal injury lawyer, injury attorney, injury lawyer, accident lawPersonal injuries are common in many auto accidents. These accidents often lead to lawsuits that include several steps that every victim should know. This could make for a lengthy process, so it is important to know what to expect with your personal injury lawsuit.

A way to keep a case out of court is by going through mediation. This is where a mediator or arbitrator will intervene and attempt to resolve the matter. It is not an actual courtroom battle, but that does not mean you should not have a personal injury attorney right there with you.

The first thing to know is that an insurance company will always look to settle for as little as possible. Don’t be swayed by their promises as many carriers will look to settle outside of the courtroom for much less than you deserve.

So what goes into determining how much of a payout you will receive for your personal injuries?

Actually, there are quite a few factors. There are the obvious factors, such as medical bills and the cost of any physical therapy. Lost wages can also factor in should your injuries force you out of work. A reduced earning potential could also be a result of your injury and that could also lead to financial hardship. Then, there is always pain and suffering to consider. Your accident lawyer will be your biggest advocate and ensure all damages, physical and emotional, are taken into account.

When a settlement is finally agreed upon, it is important to note that a victim is not always going to get all of that money. There are taxes to be paid on some of the settlement. You will not be responsible to pay taxes on your medical bills as it isn’t considered to be taxable income. However, pain and suffering falls under punitive damages, which are indeed taxable.

It is also important to note that not all personal injury cases deal with insurance companies. Some cases deal with individuals, which could make the reality of collecting your settlement a lot more difficult.

Just because you win a judgment against an individual, it does not mean you are guaranteed to see all that money. If an individual has limited assets, there is not much that can be done in a way of mandating compensation. If you are going to pursue a personal injury claim against an individual, make sure the individual has enough assets to make it worth your time and effort.

When you are injured in an accident and need to file a personal injury lawsuit, contact the Law Office of William H. Harding. With a vast amount of experience in personal injury law, you can finally have the advantage you need to get the settlement you deserve.

Thursday, March 9, 2017

The Importance of Hiring a Criminal Attorney for Your DUI

DUI charges can happen to just about anyone. However, when someone is arrested and learns that criminal charges are being filed, it often leads to a larger sense of worry. Hiring a criminal law attorney or accident attorney can immediately ease those concerns and provide you a sense of hope.

The main reason to have a DUI lawyer in your corner is that there is always the chance your charges could be dismissed. A DUI charge does not mean you are instantly convicted. A good criminal lawyer can discover if there were any missteps made by law enforcement during the arrest. For example, the reason for the actual traffic stop needs to be justified by the officer.

There is also the area of field sobriety tests to consider. The arresting officer will need to document which field sobriety tests were performed and what compelled him to charge you with DUI. A lot of these tests can be questioned and there may be quite a bit of wiggle room around their authenticity.

Even if you failed a breathalyzer test, that could also come into question. An officer has to be certified to use a breathalyzer and the device needs to be calibrated correctly. The timing of the breathalyzer is another area that could be questioned. Alcohol does not immediately enter your bloodstream. So if you had one drink and were pulled over and then the officer waited to administer a breathalyzer, you could have been legally sober when you were actually pulled over.

Also, your Miranda rights should always be read upon an arrest and if they were not, that gives you a distinct advantage in beating your DUI charges.

Law enforcement officer administering a breathalyzer test, DUI violation, driving under the influence of drugs or alcohol, DUI Charlotte North Carolina
These are just a few of the many topics a Charlotte NC attorney will look into in great detail. And even if this evidence does not get your charges thrown out completely, it could allow you to plead guilty to lesser charges. That could mean no criminal charges and much less in fines and driver’s license suspension times.

It also helps to have an attorney familiar with the local court system. Certain judges and prosecutors have certain tendencies and knowing those tendencies will provide you with one more advantage. Remember that every advantage helps when facing DUI charges and going through the process without an experienced criminal defense attorney puts you at a distinct disadvantage.

If you are in need of an attorney for auto accidents, slip and fall, DUIs, speeding tickets, or personal injury it is important to give yourself as many advantages as you can. The Law Offices of William H. Harding can be your advantage while relying on a wealth of experience when it comes to criminal defense cases.

Thursday, February 2, 2017

Why You Should Not Take the Law into Your Own Hands

Every facet of the legal system has a specific protocol that needs to be followed. Deviating from that protocol could severely affect your case, whether it be a family law or criminal law matter. Here is a closer look at why you should contact an local attorney instead of taking the law into your own hands.

Knowledge
A criminal defense attorney or accident attorney knows the law better than you. That is a fact that can keep you from incriminating yourself or damaging your case. Attorneys undergo years of schooling to attain a broad knowledge base, which includes procedures on how to handle every kind of case.

Protection
Without a lawyer, you may be hurting your case more than you realize. An attorney is there for your protection. Think of an attorney as a type of shield. However, that shield also protects clients from themselves as their own actions or words could be very dangerous.

Consultation
Most attorneys will meet with you for a free consultation before you are required to hire them. This consultation will introduce you to the specifics of your predicament. This initial consultation could open up a client’s eyes to a whole new world of information.

Access
In criminal cases, attorneys often call on professionals as expert witnesses. Criminal defense lawyers have access to these professionals and know the direction to take in order to secure them as a witness. Without an attorney, this could be an arduous task.

Restraint
Once you hire an attorney in Charlotte NC, they act on your behalf in a court of law. That means you do not need to do anything you might think will help the situation. Most times, any action winds up doing more harm than good. Hiring an attorney will provide a type of restraint that keeps you neutralized.

Paperwork
Staring down all the paperwork involved in a court case can be daunting. Attorneys are trained to handle this and know exactly what needs to be filed and when it needs to be done. An oversight on your part in this area could result in severe consequences.

Don’t try to take on criminal charges or a personal injury lawsuit without an attorney by your side. The Law Offices of William H. Harding is there for clients facing all types of charges. William H. Harding is ready to take the law in our hands so that you will receive the most favorable outcome possible.

Wednesday, January 25, 2017

How to Choose a Criminal Attorney in Charlotte

Choosing a criminal defense attorney is something that should not be taken lightly. Every person facing criminal charges should take careful consideration when selecting their defense attorney. Here are some important things to look for when choosing a criminal defense attorney in Charlotte, NC.

Experience

It helps to have an attorney who has been in a courtroom many times before. You want to make sure your lawyer has been through several cases and is familiar with the most effective ways of reducing your charges or getting them thrown out altogether.

Location

Another helpful tip is to have a defense lawyer on your side with familiarity of the local court system. Knowing the lay of the land and being familiar with prosecutors and judges could provide you with a distinct advantage.

Price

When it comes to criminal charges, paying for quality could play a big part in your future. Don’t always look for the cheapest attorney in town as your future and freedom are too important to trust to just any attorney.

Track Record

Most people do not want to take a chance on a lawyer who hasn’t notched many wins. Look into your prospective lawyer’s track record and don’t be afraid to ask about their past wins and losses.

 Rapport

The only way to get a true gauge on a lawyer is to set up a face-to-face meeting. During that meeting, keep an eye on the lawyer’s passion, attentiveness and concern. You should not only feel comfortable with your lawyer, but also feel confident that you have made the right choice.

Reputation

It won’t be too hard to learn a little more about your prospective criminal lawyer. Ask around and see what people are saying. Online reviews can be helpful as are any references from past clients.

Specialization

Not all criminal lawyers have extensive experience in every area of criminal law. If you are facing DUI charges, you probably don’t want an attorney who spends most of his time dealing with assault cases. Make sure your attorney specializes in the area in which you are facing charges.

When it comes time to find the best lawyer in Charlotte has to offer, contact the Law Offices of William H. Harding. With extensive experience practicing criminal law in the Charlotte area, the Law Offices of William H. Harding can give you the advantage you deserve.


Additional Resource:
http://www.ehow.com/about_6324372_criminal-attorneys-do.html