Frequently Asked Questions on North Carolina Personal Injury & Criminal Law
Click the links below to review answers to some common legal questions:
North Carolina personal injury laws
Charlotte injury law falls under the jurisdiction of the state of North Carolina. The following information should help clarify some of the most important points of the state personal injury laws.
Do I have to file a lawsuit to win a personal injury case?
Not necessarily, you must prove the extent of your injuries and all associated costs to ensure you receive full compensation. And, your Charlotte injury lawyers must prove that the person who caused your injury was negligent under a legal definition that shows the person failed to exercise ordinary care. We are able to settle most cases without filing a lawsuit. But, if the Insurance Company does not offer to settle, we will file a lawsuit to get the case resolved for our clients by using the legal system.
What if I am partially at fault in the accident?
Under the North Carolina contributory negligence law, you may be barred from receiving reimbursement for your damages. An experienced attorney can tell you if there is any way you can recover damages according to personal injury law in North Carolina.
What if the person who hit me does not have Insurance?
Personal injury laws in NC allow for recovery by Uninsured Motorist Coverage for vehicle damages and personal injury damages in cases of negligence where the At Fault Driver has no insurance
North Carolina criminal law
Charlotte criminal laws fall under the state criminal laws. Although anyone facing criminal charges should get specific information pertaining to their case directly from a Charlotte criminal law attorney, the following information may provide some general guidance.
Am I required to use a lawyer when I have been charged with a crime?
The criminal laws in North Carolina do not require you to use a lawyer—but the Miranda laws provide you with a constitutional right to a lawyer. Even if you are innocent of all charges, it makes sense to take advantage of this right and explicitly ask to be allowed to contact an attorney as soon as possible after an arrest, and before you answer any questions. Skilled criminal defense lawyers ensure that you do not incriminate yourself and provide ammunition for the prosecution to use if your case goes to trial.
What should I do if the police stop me and ask to search me or my car?
The rules of legal search can be complex—police can search without a warrant if evidence is in plain view or in other cases where they have reasonable cause. To protect their safety, police are permitted to search your body and/or clothing to check for weapons. There are a number of other cases where police can conduct a warrantless search—but, as a general rule, if police specifically ask your permission, they may not have just cause. In these cases, you do not have to grant permission, and you are probably well-advised not to do so.
Are police required to read my Miranda rights when I am being arrested?
Actually, police are not absolutely required to read your Miranda rights to you—but if your rights are not read to you, nothing you say during questioning can be used against you in court, until such time as you have been informed of your rights. A popular misconception is that cases are automatically thrown out when Miranda rights were not read. While this may happen because the prosecution lacks legally obtained evidence to pursue the case, it is not a guarantee.
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When you need help with understanding your rights in North Carolina, contact the Law Offices of Estwanik & May, PLLC. Estwanik & May, PLLC is centrally located in Charlotte and founding partner, Christopher May, is licensed in North Carolina and Florida. Our office supports clients throughout a wide geographical area that includes the following cities:
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We also offer legal guidance to residents of the following counties:
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