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June 30, 2016 by TatumlegalAdmin

Determining Liability in a Personal Injury Case

Personal injury cases happen every day. They cover a broad range of incidents, including slip and fall accidents, premises liability, auto accidents, even medical malpractice. While each kind of injury and accident and indeed, each individual case, has its own unique elements, the one thing that all have in common is that it’s important to prove liability in order to get the compensation you deserve for your injury. Learn the elements that go into determining personal injury liability and how an attorney can make sure you get the compensation you deserve.

 

Personal Injury Liability

The legal concept of personal injury liability is deceptively simple: it basically means “Whose fault is this accident?” But while the basic idea is simple, proving liability is often far more complex. It generally relies upon the idea of responsibility and negligence. Proving this requires a degree of experience and expertise in order to battle the claims that the defendant and their insurance companies will make to avoid paying out.

 

Proving Liability

In general, an accident occurs because of carelessness on someone’s part. Everyone has a duty of care to other people around them and is expected to act with the responsibility a reasonable person would exercise in a given situation. If one person is careless in their actions and someone else gets injured, the careless party bears responsibility. For example:

 

  • If you fall due to a dangerous condition (ice, rough ground, loose carpet, holes, etc.) in someone else’s residence or property, and they should have known to fix or warn you of the issue, they could bear responsibility.
  • If you are in a car accident because the other driver was moving erratically, being careless, was under the influence of alcohol, or was otherwise not responsibly driving, they could be liable.
  • If a doctor treats you for an illness or injury but doesn’t exercise reasonable care, fails to warn you of side effects, or doesn’t perform adequate exams and testing, complications you experience could fall on their shoulders.

 

In the end, it is essential to be able to prove this liability in order to get the compensation you deserve.

 

Attempts to Avoid Fault

When you experience an accident, the other party will often attempt to avoid paying out the full amount you owe. This ranges from denying fault altogether, to insurance companies getting you to sign your rights away on a lowball offer, to avoid the expense and stress of a trial. Sometimes they will result to outright bullying and threats.

 

When this happens, it’s important to have a personal injury attorney in your corner who can stand up to these bullying tactics and ensure that you are compensated for your medical bills, loss of income, pain and suffering, emotional damages and other financial hardships that arise from your injuries.

 

If you have been in an accident in the Charlotte area and need help, look over our legal services and give us a call for a no-obligation consultation today!

Filed Under: Personal Injury

June 28, 2016 by TatumlegalAdmin

Common Causes of Motorcycle Accidents

One of the most exciting vehicles that you can operate is a motorcycle. There is nothing quite like hitting the open road and feeling the wind whipping around as you go on an adventure. However, motorcycle riders are often extremely vulnerable to severe accidents, and, unfortunately, these accidents are usually due to the negligence of another driver. Motorcycle accidents come in many varieties, but almost all of them are serious and worthy of compensation. Read on to learn about some of the causes of motorcycle wrecks, and find out how to find a motorcycle accident attorney who can get you your just compensation.

[Read more…]

Filed Under: Motorcycle Accidents

June 27, 2016 by TatumlegalAdmin

An Overview of Wrongful Death Cases

When an accident robs you of a loved one, there are no words to describe the sheer emotional turmoil, fear and rage that you experience. You feel like there must be some recourse to be compensated for your loss, but you do not know how to go about it. If the death was the direct responsibility of another, you might be entitled to compensation from that person through filing a wrongful death lawsuit. Read an overview of the elements of a wrongful death case, who is entitled to compensation and the damages that can be awarded.

[Read more…]

Filed Under: Uncategorized, Wrongful Death

June 2, 2016 by TatumlegalAdmin

7 Tips to Avoid Carolina Distracted Driving

 

With more cars on the roads than ever before and a fast-paced, everything-now society, distracted driving accidents are on the rise. From talking on cell phones to eating and drinking to reading behind the wheel, distracted drivers are a danger to themselves and everyone else on the road. Learn these tips for avoiding Carolina distracted driving, and how a personal injury attorney can help if another injures you.

[Read more…]

Filed Under: Uncategorized

May 9, 2016 by TatumlegalAdmin

Texting and Driving in North Carolina and South Carolina

According to the Harvard T.H. Chan Center for Public Health, in 2011, 3,331 people lost their lives and 387,000 suffered injuries in crashes involving a distracted driver. According to the Greensboro News & Record, in 2013 law enforcement officials cited approximately 3,600 statewide for breaking the law.  A WRAL Investigates report found that 1,458 people were cited for texting while driving in Wake County in 2013 but of the 1,367 cases disposed of in the county that year, fewer than half resulted in drivers paying the $290 in fines and court costs.

However, even with increased awareness and with new anti-texting laws in recent years, we’re not making a significant dent in preventing texting and driving. The obvious question is “Why not?” The answer is that the new texting laws are hard to enforce. It is easy for drivers to get around the law by claiming that they were not texting, and it is difficult for officers to prove otherwise. Thus, many states have gone so far as to make it illegal to even hold a hands-free communication device while driving, and North Carolina is contemplating doing the same.

[Read more…]

Filed Under: Automobile Accidents Tagged With: texting

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Practice Areas

  • Personal Injury
  • Social Security Disability Overview
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We serve the following localities:

Cabarrus County including Concord and Kannapolis; Catawba County including Newton; Gaston County including Belmont and Gastonia; Iredell County including Mooresville and Statesville; Lancaster County including Lancaster; Lincoln County including Lincolnton; Mecklenburg County including Charlotte, Cornelius, Davidson, Huntersville, Matthews, Pineville, and Mint Hill; Rowan County including Salisbury; Union County including Indian Trail and Monroe; and York County including Fort Mill and Rock Hill.

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6135 Park South Drive, Suite 510

Charlotte, NC 28210

Phone: (704) 307-4350

Fax: (704) 754-4140

 

Mailing Address

P. O. Box 220517

Charlotte, NC 28222

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331 E. Main Street, Suite 200

Rock Hill, SC 29730

Phone: (803) 220-3440

 

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