06 July

Sticky

Understand your right to plead the Fifth

You might have heard the term “plead the Fifth” when you’re watching a television show or movie that’s about a criminal matter. If you’re facing charges for anything, this is a phrase with which you might need to familiarize yourself. It may come in handy as your case moves through the court system. In short, you don’t have to have to answer questions that might lead to you being found guilty of a crime. This includes questions while you’re in police custody or while you’re in court. The protection means that you can’t be forced by anyone, including the judge or...

30 June

0 Comments

Sticky

Talking about a motorcycle collision with your loved ones

Posted by Chris Proffitt

in car accidents

If you were recently involved in a motorcycle crash, our law firm recognizes the multiple stressors you are likely experiencing. Many people are seriously hurt in these collisions, which alters the course of their lives in different ways. For example, working becomes impossible for some of those who are immobilized in a motorcycle wreck, while others require a lot of care and attention because of physical or mental challenges resulting from a crash. It is important to discuss the hardships you are facing with your loved ones. Whether you have a spouse and children, live with your parents or simply need...

23 June

0 Comments

Sticky

When drug possession becomes drug trafficking

Posted by Chris Proffitt

in drug trafficking

Drug trafficking charges engender more serious treatment than possession— in North Carolina and across the United States. When a charge graduates from possession to trafficking depends upon the circumstances of arrest and other factors. As FindLaw explains, both federal and state law treat trafficking harshly, often requiring mandatory minimum sentencing. While possession can often amount to a misdemeanor, drug trafficking is a felony. Factors in charging and sentencing Drug possession may turn into a trafficking charge in a few cases. Large amounts of the drug, large amounts of cash discovered during arrest or other evidence suggesting that the substance is for more than personal...

22 June

0 Comments

Sticky

Protect the spine after a car wreck

Posted by Chris Proffitt

in car accidents, personal injury

The injuries that come from car wrecks can vary from bruises up to catastrophic conditions like spinal cord injuries. Many people don’t think about something like a wreck altering the course of their life, but it is very possible when the spinal cord is damaged. The completeness of the spinal cord injury plays a direct role in how a victim is able to recover. When the injury is complete, the chance of recovery is reduced because the connections in the spinal cord are completely severed. When it is incomplete, there is more of a chance of recovery because some of those connections remain. Spinal...

08 June

0 Comments

Sticky

Why you need legal guidance after an injury

Posted by Chris Proffitt

in personal injury

You got into an accident on your way to work in Asheville. The other motorist was clearly at fault. You were injured, but you plan on filing your own claim for damages with their auto insurance company. You’re pretty sure that you can handle this on your own. This course of action is not ideal. You need to understand that the insurance company is not on your side. Even if it happens to be your own insurance company to which you’re making the claim, they will always focus on their bottom line and appeasing the company’s shareholders. What that means in a...

04 June

0 Comments

Sticky

What to do if facing arrest

Posted by Chris Proffitt

in criminal defense

Getting stopped by the police is scary, and many people do not understand their rights or how to act when faced with questions. There are ways to act within one’s rights without escalating the situation. If the police do make an arrest, it is important to know how to act so someone does not unknowingly incriminate him- or herself. Rights if stopped by police Whether in a car or on foot, the ACLU states that no one has to answer certain questions, such as those regarding where someone lives, what someone is doing, the country of origin or where someone is going. In...

02 June

0 Comments

Sticky

Should I visit a doctor after a car accident?

Posted by Chris Proffitt

in personal injury

Car accidents happen when you least expect them. They often occur because of another person’s careless actions, which can be extremely aggravating for responsible drivers. After a minor accident, you might wonder whether you need to seek a doctor’s assistance. Perhaps you are just a little sore and do not believe your injuries warrant medical intervention. Or maybe you feel fine after the accident and believe that you have not actually experienced any injuries. Keep in mind that many injuries common during car accidents, including whiplash, will not cause symptoms until days or even weeks after the event. Visiting a doctor...

02 June

0 Comments

Sticky

How does contributory negligence affect wrongful death recovery?

Posted by Chris Proffitt

in car accidents

If you are initiating a wrongful death lawsuit against another party, you must prove negligence caused your loved one’s death. The court may then hold a company or an individual liable for a wrongful action that led to the fatality. North Carolina’s civil law follows the pure contributory negligence rule. In order for your suit to end in your favor, a jury must find that the deceased individual did not contribute to the accident in any way. Barring a plaintiff’s recovery Under North Carolina law, your lawsuit may not move forward without showing how the other party contributed 100% to causing the accident....

02 June

0 Comments

Sticky

Negligent entrustment in North Carolina

Posted by Chris Proffitt

in car accidents

You likely understand that you assume some level of risk every time you take to Asheville’s roads in your own vehicle. Like most, however, you probably assume that the others on the road around care as much about staying safe as you do. Yet what happens when that is not the case? Such has been the discovery of many of our past clients here at Nielsen Legal. What might be even more shocking than encountering a blatantly reckless driver on the road, though, is learning that another actually trusted such a person with their car. Defining “negligent entrustment” After you learn this...

01 June

0 Comments

Sticky

Less traffic, safer roads? It depends on how you look at it.

Posted by Chris Proffitt

in car accidents

With more people working from home and limiting their trips, there has been a noticeable drop in traffic across North Carolina in recent months. It would seem that with fewer vehicles on the road, there would be fewer car accidents. Technically, this has proven to be the case. However, this doesn’t mean that roadways are necessarily safer. Fatal crash rates are holding steady According to a report in The News & Observer, highway traffic has dropped by 40% to 50% since March. However, through May 8th the state has seen 408 fatal vehicle crashes. That’s less than a 2% drop from last year....

Blog