Jesse Caldwell’s law practice includes all areas of civil litigation, with particular emphasis in the areas of personal injury (including wrongful death actions), real estate litigation, breach of contract matters, breach of Fiduciary duties, and Will Caveats. A Gaston County native, Jesse is a member of the North Carolina Bar and a former Superior Court Judge.
Personal Injury
When a person is injured (or killed) as the result of the negligence of another, there are certain legal rights that may protect the injured party and allow for recovery of money damages from the negligent party.
A professional attorney, practicing in the area of civil litigation, can help provide guidance to the injured party to deal with mounting medical bills and can communicate directly with insurance companies as well as the lawyers representing the opposing party to help navigate the complicated and often intimidating issues related to policy coverage and liability.
When necessary, a civil litigation attorney must work closely with experts including medical specialists, investigators, accident reconstructionist experts, accountants, and other relevant professionals.
If you find yourself as the Defendant in a lawsuit related to a personal injury or wrongful death claim, it is equally important for you to contact a competent attorney in order to preserve and protect your rights. If you have been served, you should contact an attorney IMMEDIATELY, as there is a limited time period within which you MUST respond in order to avoid a Default Judgment against you.
Breach of Contract and Risk Management
When Businesses or individuals find themselves involved in legal disputes with other parties, it’s important to consult with an attorney who is well-versed in Civil Litigation.
Typical issues involved in these types of disputes, such as breach of contract, grant certain rights and impose certain responsibilities on the parties involved, such as a duty to mitigate one’s damages. These disputes may also include other claims or causes of action such as unfair and deceptive trade practices which can allow for the recovery of not only court costs and attorneys fees, but also treble, that is, triple the amount of damages that have been sought.
When a contract has been breached or is about to be breached, it is important to contact an attorney who can advise you on what your rights and obligations are in order to avoid putting yourself in a situation where you can be found legally liable for a breach of contract.
Often, a skilled attorney can help a client avoid lengthy and expensive litigation by leveraging the client’s negotiating position to reach a favorable settlement.
Breach of Fiduciary Duty
There are many times in our lives when we entrust others with the responsibility to act in our best interests. When relationships such as Guardian/Ward, Agent/Principal, Attorney/Client or Controlling Stockholder/Company are formed, they become Fiduciary Relationships which create certain duties.
Generally, there are 5 fiduciary duties and these include the duties of care, confidentiality, loyalty, obedience, and accounting.
When one of these duties is violated, the person who has the responsibility has failed to act in the interests of another person to whom they owed this duty and this is known as a Breach of Fiduciary Duty.
When the Executor of an Estate commits a Fiduciary breach, the Estate is harmed and the beneficiaries or heirs may suffer as a result. These beneficiaries or heirs may have standing to hold the Executor accountable for breaching their fiduciary duty, and should consult with an attorney who can advise them of their rights.
Other common examples include abuses involving a Power of Attorney or a Trustee who is in charge of handling a beneficiary’s Trust.
Land Disputes and Real Estate Litigation
For most individuals, buying a house or condo is a very big deal because that is for most people their largest asset. This is equally true of businesses buying commercial real estate. When problems arise concerning one’s land, dwelling, home and/or buildings, this can be an incredibly stressful and life-altering event.
Whether a property line or boundary dispute amongst neighbors, or damages resulting from a right-of-way or easement on your property.
Condemnation- Sometimes the government, whether Federal, State, or Local, or a utility can exercise power under what is called imminent domain in order to take all or part of someone’s real property for some public purpose. They are required to fully compensate the owner for this taking, and it is not uncommon for their initial offer to be substantially lower than the actual fair market value. Whether a full taking in order to build a road or a partial taking to grant an easement for power lines or sewer pipes, the property owner has a right to reject what is being offered and bring the matter to court for a jury to decide proper compensation for the taking.
