Injury Attorney Serving Charlotte and Surrounding Communities
The Tatum Law Firm serves people who have suffered serious injuries in an accident or have been harmed by professional malpractice. Charlotte injury lawyer Brian Tatum also can assist you if you become disabled, are hurt at work, or have had your property seized by the government. With more than 18 years of experience, Brian Tatum is dedicated to proving legal representation to clients who are seeking excellent customer service.
Our firm handles personal injury cases arising out of motor vehicle collisions, defective products, nursing home abuse, workplace accidents, or wrongful death. Most North Carolina personal injury cases require a plaintiff to establish negligence. The plaintiff will need to prove that the defendant owed a duty of reasonable care and breached that duty, thereby causing the plaintiff’s injuries and losses. Damages available in a personal injury lawsuit often include medical bills, lost income, pain and suffering, and emotional distress.
With regard to automobile accidents, North Carolina follows a tort-based system in which the person found to be at fault must pay for the damages caused by the accident. Your ability to recover your damages depends on the defendant being insured or having substantial assets. If the defendant is not insured or underinsured and not wealthy, you may need to turn to your own policy’s uninsured motorist coverage to recover damages.
In some cases, an accident tragically causes the death of a victim. You may be able to bring a wrongful death lawsuit if a loved one’s death is caused by someone else’s wrongful actions, negligence, or default. This lawsuit is filed in civil court, and you can pursue damages even if the defendant has been cleared of any criminal charges. A different burden of proof applies to civil and criminal cases, which means that someone could be acquitted in criminal court but still be held responsible for paying damages to a civil plaintiff.
Medical and Legal Malpractice
When you consult a lawyer or doctor, you expect that professional to use the appropriate level of care in helping you. When a professional fails to abide by the standard of care expected in the medical or legal community to which he or she belongs, and a patient or client is harmed as a result, the professional may be held liable for any damages arising out of the malpractice. As with personal injury claims, there is a strict statute of limitations within which you must take action if you suspect that you have been the victim of professional negligence.
Social Security Disability
In order to recover Social Security Disability payments, you usually need to have worked for 10 years, accumulating 40 work credits. However, younger workers may qualify with fewer credits. In order to claim disability, you must not be working and earning more than the Social Security Administration’s income limit for substantial gainful activity. You also cannot have more than a certain amount in assets. As long as you can show that you have a severe physical or mental impairment that caused you to be unable to work in a substantial gainful activity for at least a year, you may be able to receive benefits.
Workers’ compensation is mandatory in North Carolina, and employees cannot waive it by agreement. Employers that regularly employ three or more part-time or full-time employees must carry workers’ compensation insurance for the benefit of those employees. Moreover, contractors and trucking operations must provide coverage in certain circumstances, even if there are fewer employees. If you are injured on the job, you should report the injury to your employer in writing immediately or within 30 days of the accident.
Federal, state, and local governments and certain private entities, such as an electric company, have a power known as eminent domain. This means that they can take property from private citizens. However, the land must be taken for a public purpose, and the government must pay just compensation. The process of exercising eminent domain is called condemnation. If you and the government (the condemnor) cannot agree about the price to be paid for the land, the government can file a condemnation action to seize the land. When filing suit, the condemnor must deposit the amount believed to be just compensation with the Clerk of the Court. In most cases, you will not be able to stop the taking, but you may be entitled to more compensation than what the government offers. Mr. Tatum can help you evaluate whether the taking is appropriate and fight for greater compensation based on the highest and best use for the property.
We have broad commercial litigation experience. Our firm can handle contractual disputes, construction and real estate lawsuits, condemnation proceedings, employment disputes, insurance coverage disputes, disputes related to sales of goods, and other types of complex business disputes.
Consult a Skilled Injury Lawyer in the Charlotte Area
Charlotte injury attorney Brian Tatum knowledgeably represents accident victims in personal injury claims. He also assists people who need a workers’ compensation attorney or representation in matters involving malpractice, Social Security Disability benefits, eminent domain, or commercial litigation. Our firm represents people in many areas of North Carolina, including Mecklenburg, Cabarrus, Catawba, Gaston, Iredell, Lancaster, Lincon, Rowan, Union, and York Counties. Contact us at (704) 307-4350 or via our online form to set up a free case evaluation.
- Personal Injury
- Social Security Disability Overview
- Commercial Litigation
- Workers’ Compensation
- Workers’ Compensation Appeals
- Workers’ Compensation — Benefits Available
- Denied Workers’ Compensation Claims
- Workers’ Compensation: Disabilities
- Workers’ Compensation: Insurance Companies
- Workers’ Compensation: Loss Of Body Part
- Workers’ Compensation: Loss Of Trade
- Workers’ Compensation: Lost Wages
- Workers’ Compensation: Medical Bills
- Workers’ Compensation: Rehabilitation
- Workers’ Compensation: Scarring And Permanent Disfigurement
- Workers’ Compensation Settlements
- Workers’ Compensation: Subrogation Claims
- The Worker’s Compensation System in South Carolina
- The Worker’s Compensation System in North Carolina
- Eminent Domain