Case Results

$125,000 Recovery For A Terminated Truck Driver Following An Accident

October 2019

Marcus worked as a truck driver here in Charlotte, North Carolina.  Marcus hired my firm to represent him after sustaining injuries to his neck, back, and right knee in a scary auto accident.  My friend unfortunately found himself in a common scenario that injured workers face following accidents.  Marcus came to me with three main concerns:

  1. He needed medical care
  2. The employer terminated him
  3. He was not getting any monetary compensation

I had a long discussion with Marcus so I could understand exactly what happened with his accident.  I also had Marcus explain the termination issue.  I carefully reviewed every document he had related to the claim.  I always meet with my clients as soon as possible in a workers' compensation claim.  It is crucial that I'm able to prepare a client's strategy and begin helping the client as soon as possible to prevent the insurance company from doing harm before I can protect you.  I explained to Marcus the workers' compensation law, and how that law applied to his case specifically.  

I began working for Marcus promptly.  The termination issue was really important in this case because Marcus' weekly temporary total disability (TTD) was at stake.  If the termination was valid, the Defendants did not owe him any weekly checks.  If we could show issues with the termination, Marcus had an argument for significant money.  I kept pounding this issue, and used several techniques I've learned over 17 years of practice to eventually get information from Defendants that established Marcus' termination was pretty suspect.  This really helped our negotiations at the end of the case. 

I immediately began pushing the insurance company for medical care Marcus needed for his injuries.  This case was complicated by the fact Marcus has several prior injuries to the same body parts he injured in his work accident.  The law if favorable for the injured worker in this situation (where you have a pre-existing condition).  However, this is a very litigated issue.  Insurance companies very commonly fight cases where the injured worker has prior injuries because they simply do not want to pay for medical care and time out of work in such situations.  In Marcus' case, I was able to establish a very strong case and the insurance company agreed to provide his medical care.  This was not a simple coincidence.  The Defendants made that decision because I spent hours upon hours obtaining / reviewing Marcus' medical records and getting his treating doctors to provide opinions that supported our case.  

We were able to address each of Marcus' concerns in this case.  He obtained the necessary medical care.  We strategically used the employer's termination of Marcus against the Defendants.  Finally, I negotiated a very favorable resolution for Marcus that allowed him to move forward in a much better position.  He is healthy and he has options going forward.  I've talked with Marcus several times since, and he is doing great.  

Practice area(s): Workers Compensation

Christopher Shumate

Mr. Chris Shumate is a native of Gastonia, North Carolina, and worked various jobs while pursuing his undergraduate and Juris Doctor education, including several heavy manual labor and skilled trade positions. In his practice, Mr. Shumate often encounters circumstances where these prior experiences are helpful in representing you. Upon graduating law school from the University of South Carolina, Mr. Shumate joined one of the Carolinas' larger defense firms, where he represented a diverse set of employers and insurance companies in civil cases and workers' compensation claims across the Carolinas. Chris utilized this experience to obtain a working knowledge of the insurance industry, and build personal contacts used today in representing you. Mr. Shumate ultimately decided he wanted to focus his law practice on assisting those who have been injured, and doing so with the focus on a personal relationship that is uncommon in the bigger firms. Mr. Shumate's also has a passion for assisting those facing the challenges of the criminal legal system. By representing individuals in a variety of criminal and traffic matters, Mr. Shumate works to achieve the best possible result for each client regardless of the charges levied by the prosecution. Chris has tirelessly pursued his mission of helping people from all walks of life throughout the Carolinas with a variety of legal matters. If you are interested in learning more about Chris Shumate and The Shumate Law Offices, please contact us at 704.371.5059. We look forward to assisting you to achieve a positive result in your legal concern. Education J.D., University of South Carolina B.S., University of South Carolina Jurisdictions Admitted to Practice N.C. State BarS.C. State BarU.S. District Court Western District of North Carolina Professional & Bar Association Memberships N.C. Bar Association S.C. Bar Association Mecklenburg County Bar N.C. Academy Of Trial Lawyers American Association For Justice