When you experience harm or damage that was caused by someone else’s actions, you should be able to receive compensation for your losses, and a skilled personal injury lawyer will make sure that happens. Tatum & Atkinson: The Heavy Hitters are negligence attorneys with over 65 years of combined experience in procuring legal compensation for clients harmed by the negligence of others.
Having a knowledgeable lawyer by your side during your quest for what is rightfully yours is invaluable as they will help you understand your legal rights and fight to protect them.
When Does Someone Need a North Carolina Negligence Attorney?
Negligence attorneys are your greatest asset in any personal injury case. These cases involve someone who alleges being injured or otherwise harmed by an accident and that accident was caused by someone else.
When someone else causes the accident, that person or party is responsible for compensating the victim for the harm that was done to them. The negligence attorney proves the accident was caused by negligence and ensures the victim is adequately compensated.
What Happens During a Personal Injury Lawsuit?
A typical personal injury lawsuit involves a victim of harm, the plaintiff, and another person or entity that allegedly caused the harm, the defendant. The plaintiff filed a civil complaint against the defendant in an attempt to recover financial compensation for the damages suffered.
The plaintiff must prove that the negligent or careless actions of the defendant are what caused the accident that resulted in the plaintiff’s harm. The harm may be a physical injury, financial loss, negative change in lifestyle, or death.
Personal injury cases are often resolved through negotiations carried out by negligence lawyers. When a satisfactory resolution is agreed upon by both sides, a document is typically signed stating that the matter is resolved.
The agreement will include the agreed-upon payment amount as well as the understanding that neither side will pursue any further legal action on the matter.
What Is the Legal Definition of Negligence?
According to the Legal Information Institute, negligence is the failure to behave with the level of care that a reasonable person would have exercised under the same circumstances.
All people have the responsibility of preventing harm to others from their own actions. For example, anyone driving on a public street is expected to follow the rules of the road in order to prevent causing harm to other people on that street.
What Is a Lawsuit Based on Negligence?
When someone disregards the safety of others, and someone else is harmed as a result, the victim may file a negligence lawsuit in order to receive compensation. The negligence attorney has to prove that the victim, or plaintiff, was harmed as a direct result of the defendant acting in a way that differed from the way a reasonable person would have acted in the same situation.
What Type of Harm Does a Negligence Lawsuit Cover?
Generally speaking, any type of contact between people is covered by negligence law. Some examples of the more common types of negligence lawsuits include the following:
- Automobile Accidents
- Truck Accidents
- Medical Malpractice
- Nursing Home Abuse
- Traumatic Brain Injuries
- Wrongful Death
- Defective Products
- Fire and Burn Injuries
- Daycare Accidents
The plaintiff is responsible for proving that the defendant acted in a way that differs from the way a reasonably prudent individual would have acted in the same situation. They must provide evidence showing the reckless or careless behavior of the defendant caused injury to the plaintiff.
The victim should receive financial compensation as long as they are successful in providing this proof.
How Does a Negligence Attorney Prove Negligence?
There are four important elements that must be proven by the negligence attorney in order to be successful in a negligence claim. The four elements required to prove a negligence claim are as follows:
- The defendant owed the plaintiff a duty of care
- The defendant breached that duty of care
- The breach of care caused the accident
- The accident caused a compensable injury
Duty of Care
The plaintiff must have been owed a duty of care from the defendant. The duty of care generally means that someone must refrain from causing harm to another person.
For example, when someone drives a car on a public road, they owe a duty of care to everyone else sharing that road and must, therefore, drive safely and abide by the rules of the road. The negligence lawyer must prove that the defendant was obligated to keep the plaintiff safe.
Breached Duty of Care
Once the duty of care has been established, the lawyer must then prove that the defendant did not uphold the duty owed to the victim. For example, the defendant may have been speeding or failed to stop at a red traffic light.
The Breach of Care Caused the Accident
Every negligence case is different. There are countless scenarios, circumstances, and situations that may have caused a single accident.
The negligence lawyer must be able to prove that the breach of duty is what caused the accident. For example, if the defendant was speeding and collided with the victim, the lawyer must prove that the excessive speed was to blame for causing the accident.
They can do this by proving that the accident would not have occurred had the defendant been driving at a safe and legal speed using expert witnesses and evidence of stopping distances and reaction times. This is where the lawyer will need as much proof as possible and evidence to back up the claims.
The Plaintiff’s Harm Was Caused by the Accident and Is Able to Be Financially Compensated
The final element of a successful negligence case is to prove that the victim’s injuries or other harm were caused by the accident. The accident must have caused compensable damage to the plaintiff in order for the plaintiff to seek compensation.
These damages are what will decide the amount of compensation that the victim will receive. Medical expenses are usually the most substantial financial damages.
What Types of Negligence Cases Do Tatum & Atkinson Handle?
Tatum & Atkinson are knowledgeable negligence attorneys with over 65 years of combined experience in successfully obtaining fair financial compensation for our clients. We begin by offering free consultations where we answer any questions about whether you have a case and the process of filing your claim.
We handle multiple types of negligence cases, including the following:
- Car Accidents
- Truck Accidents
- Drunk Driver Accidents
- Pedestrian Accidents
- Defective Products
- Dog Bites
- Hit and Run Accidents
- Medical Malpractice
- Premises Liability
- Uninsured Motorists
- Worker’s Compensation
- Dangerous Drugs
- Nursing Home Abuse
- Aviation Accidents
- Boating Accidents
- Construction Accidents
- Daycare Accidents
- All Terrain Vehicle Accidents
- Golf Cart Accidents
Car and Truck Accidents
Accidents involving motor vehicles are usually the first type of situation that people think of when it comes to negligence cases. Any distraction or failure to adhere to traffic laws and safety regulations can lead to a horrible crash.
Anything that takes the driver’s attention away from the road is dangerous and potentially the proof a negligence lawyer needs to establish the driver’s fault for the accident. Such distractions may include:
- Texting
- Eating
- Manipulation of a navigation device
- Adjusting the radio or other vehicle controls
- Talking to passengers
- Watching or reading something beside the road
Any of these distractions and countless more situations can result in an accident that causes injury or death to someone else on or beside the road. If you or your loved one have been injured by a negligent driver, you may be able to receive compensation for your damages.
Tatum & Atkinson are skilled negligence attorneys who hold negligent drivers accountable for their reckless driving. You should not hesitate to consult with us about filing a negligence lawsuit to recover compensation for damages caused by someone else’s actions.
Medical Malpractice
Professionals in the medical field are held to a high standard of care due to the extreme amount of trust their patients have in their judgment. Unfortunately, preventable mistakes occur surprisingly often in healthcare. Common causes for a medical malpractice case include:
- Administration of an incorrect drug
- Improper dosage
- Inadequate care or sanitation
- Insufficient equipment maintenance
- Failure to report test results
- Incorrect diagnosis
A medical malpractice lawsuit can be filed against hospitals and doctors for their negligent treatment of a patient if that treatment caused a patient harm. The plaintiff would have to prove that they were a patient receiving care from the negligent physician and that the doctor did not perform in the way they reasonably should have.
The breach of performance must have caused harm to the patient. This harm can also take many forms, such as:
- Injury
- Illness
- Disease progression
- Unnecessary treatment
- Financial harm
- The need for additional treatment
- Death
Nursing Home Abuse
Many elderly people become more vulnerable as they age, and they often require the special care that nursing homes provide. Sadly, some of these individuals suffer the humiliation of abuse from the staff, which often leads to serious injury, pain, emotional suffering, and death.
Neglect, physical or emotional abuse, and any other intentional mistreatment from a caregiver to a senior is a very serious offense. In fact, the World Health Organization states that abusing the elderly is a violation of human rights and a significant cause of illness, injury, loss of productivity, isolation, and despair.
Wrongful Death
The most devastating reason for a negligence case is when someone’s actions caused the death of someone else. North Carolina law allows the personal representative of the victim to file a wrongful death claim on behalf of the victim’s estate.
The financial compensation recovered will be distributed to the victim’s family according to the law.
The wrongful death attorney will have to prove the victim’s death was caused by the defendant’s negligent actions. The negligence lawyer must also illustrate that the surviving family or other beneficiaries received financial harm as a result of the victim’s death.
Traumatic Brain Injuries
Head injuries are a very serious and potentially life-altering condition. Concussions are the most common type of traumatic brain injury, and according to the Centers for Disease Control and Prevention, they are becoming more prevalent than ever.
The majority of head injuries occur in people above 60 and below 3 years old and are typically due to falls in these age groups.
The repercussions of a traumatic brain injury are often very far-reaching, as symptoms may be permanent or may not appear until years after the original injury. A negligence lawsuit may be filed when the injury was caused by someone else’s reckless or unreasonable behavior.
Compensation would be obtained to cover the victim’s treatment and rehabilitation expenses, as well as any other damages caused by the injury.
What Type of Compensation Might I Receive From a Successful Negligence Lawsuit?
The compensation awarded to the plaintiff is meant to cover any damages that were suffered as a result of the accident caused by the defendant. The plaintiff should be returned to the same financial status as before the accident and their injuries.
The plaintiff is also entitled to receive compensation for non-economic damages such as pain and suffering. Common examples of economic damages include:
- Medical Expenses
- Prescription Medications
- Lost Wages
- Rehabilitation
- Specialized Equipment
- Lost Future Earning Potential
- Property Damage
Call the Heavy Hitters: Your North Carolina Negligence Law Firm for a Free Consultation About Your Negligence Case
Tatum and Atkinson are North Carolina’s heavy hitters because of how dedicated they are to winning the fullest possible amount of compensation for their clients. They give each case their full attention because they truly care about the people they represent.
Tatum & Atkinson take care of all the legal matters and want their clients to be able to focus on their recovery.
Call (800) LAW-0804 today for a free consultation. There is no risk for you with Tatum & Atkinson because they will not charge you anything until you collect the compensation you deserve.
