Cherokee Tribal Court Lawyers

When you have a legal matter involving the EBCI, the outcome may depend largely upon which laws and procedures will govern your dispute and where the case will be tried. Legal disputes that involve tribal members or lands that can be subject to different bodies of law include:

• Personal Injury: These cases involve what is usually termed "negligence," or a defendant's failure to exercise due care, and the resulting injuries to a victim. Personal injury cases, such as car accidents and wrongful death, aim to provide an injured person or their Estate with money damages to compensate for the harm they have suffered. In personal injury claims occurring in Cherokee, EBCI law will generally apply. Under EBCI law, there is a three-year statute of limitations or time limit in which to bring your claim. EBCI law also recognizes the rules of comparative negligence, which can limit or reduce a plaintiff's recovery of compensation according to whether the plaintiff has contributed to some degree to the injury sustained. These standards are similar to the principles that govern negligence cases under North Carolina law. However, there are also some substantial distinctions that an attorney knowledgeable about the law pertaining to the Eastern Band of Cherokee Indians can help you navigate.
• Workers' Compensation: These cases involve a worker who has been injured or who contracts an occupational disease on the job and seeks compensation for the injury or any resultant disability. In these cases, the applicable law is the North Carolina Workers' Compensation Act, which governs the system whereby an employer and its insurer are responsible for providing benefits and medical treatment to workers who have been hurt on the job. Employees seeking workers' compensation are not required to show that their employer was at fault in causing their harm, only that they have suffered a "compensable" or work-related injury.
• Social Security Disability: If you have been part of the workforce for a specified number of years and have become too sick or injured to work, you may be eligible for Social Security Disability (SSDI) benefits, which are governed by federal law. Among other requirements, to qualify for these benefits, you generally must demonstrate that you are unable to perform your former job or any other job due to your medical condition. You must also be able to demonstrate that your disability will last for a minimum of 1 year.
• Employment Law: If you have questions about wrongful termination, discrimination in the workplace, or wage/hour law questions, you need to talk to the employment law attorneys at Grimes Teich Anderson. Different state and federal laws apply to these topics. A paid retainer may be required for an initial office consultation.
• Veterans Service-Connected Disability Benefits: Grimes Teich Anderson is honored to represent Eastern Band of Cherokee members that have honorably served in the armed forces in pursuing their claims for service-connected disability compensation. Contact our experienced Veterans benefits attorneys to find out more.

Even when it is clear which law applies, you may still have the flexibility to decide which forum (court) would be most beneficial to your case—federal, state, or tribal. Questions regarding how you should proceed can only be resolved by evaluating your case's specifics with a lawyer that has a thorough understanding of Eastern Band of Cherokee Indians law.