Long praised for its affordability and livability, Memphis attracts thousands of families and business people each year. That’s great news for Bluff City’s economic health, but more people mean more accidents, and more accidents mean higher prices for everything from gas to ER visits.
Unfortunately, many Memphians are victims of accidents that were caused by someone else’s negligence or recklessness – negligence or recklessness that the victim shouldn’t pay for. Our Memphis personal injury attorneys will help you hold the at-fault party responsible and get you the compensation you need to move past your injury.
Let us help you move forward while protecting your legal rights and fighting for your best interests. Call today.
Our Practice Areas
From car accidents to slip and falls to wrongful death cases, our Memphis personal injury attorneys have the knowledge to obtain the best results for you and your family. We prepare every case for trial, meaning we won’t let the other party or insurance company try and intimidate you into settling for anything less than you need.
Proving Liability in a Memphis Personal Injury Accident
Not only do insurance adjusters not care about your injuries and property damage, but they’ll try to minimize or completely devalue your suffering to give you less money. Unfortunately, many injured victims have been cheated out of what they deserve this way.
Our top lawyers in Memphis, TN will prove that their client caused the accident that led to your injury.
Here’s how we’ll prove the other party’s liability:
For a personal injury claim to be successful, you and your attorney will have to demonstrate that the other party had the responsibility, or duty, to keep you and others out of harm’s way.
For example, every driver on the road is expected to maintain a reasonable degree of caution. That means proper use of brake lights and signals, following traffic laws, and staying sober behind the wheel.
Breach of Duty
Next, you and your lawyer must prove that the other party breached (broke or violated) their legal duty by making a reckless decision or mistake.
For example, a drunk driver will have breached their duty to keep other drivers safe, as it’s illegal and extremely dangerous to operate a vehicle under the influence.
You can’t sue someone for an injury that they didn’t cause. The next step in proving liability is to show how the other party’s actions directly caused your injury.
Continuing the example from above, a drunk driver who runs a red light and slams into you would be responsible if you suffer any injuries and/or property damage.
Lastly, you and your personal injury attorney in Memphis must prove that you suffered actual physical or financial harm (damages) as a direct result of the accident. These often include economic damages like medical bills and lost income and non-economic damages like pain and suffering and mental anguish.
For more information, see Potential Damages in a Memphis Personal Injury Lawsuit.
The Potential Impact of Comparative Fault in Memphis
Different states follow different rules for assigning fault in personal injury cases. Fault is important because it determines who is responsible for the accident and is therefore responsible for paying the injured victims.
Tennessee is one of 12 states following the rule of modified comparative negligence (shared liability). If the jury finds you to be partly at fault for the accident, your compensation could be reduced by the percentage of fault. For example, the jury sets the compensation amount at $100,000 but finds you to be 30% at fault for the accident. That means you’ll walk away with $70,000 instead of the full $100,000.
To recover the greatest possible amount of compensation, you need the help of a top personal injury lawyer in Memphis. Call today to schedule a case consultation and to get started on an unbeatable legal strategy.
Tennessee’s Statute of Limitations for Personal Injury Claims
A “statute of limitations” is essentially a deadline for filing your personal injury lawsuit. If you miss the deadline and file too late, you lose your legal right to press charges. Almost all of the time, a late filing will result in the case being thrown out.
In Tennessee, injured victims have 1 year from the date of the accident to complete and file the initial paperwork, including the official complaint in court. Tennessee’s brief statute of limitations is the best reason to be proactive and file a lawsuit as soon as possible after your accident. Speak with our renowned and knowledgeable legal team to get started on your case today.
Reasons to Choose Us As Your Personal Injury Advocates
We get it – with so many law firms to choose from, you need someone who really stands out to lead your case. You have plenty of options, but we know you’ll be satisfied with our legal services. Several qualities set us apart from the rest:
We only get paid if you win.
No ifs, ands, or buts. Unless we win your case, you won’t pay us a cent. This structure has two main benefits: it keeps us motivated and on course to win your case, and it helps you stay afloat while your case is progressing.
We understand that litigation is a trying process, and we’re here to make things as easy as possible for you. You focus on taking care of yourself and your family, and we’ll focus on getting you the money you need.
We treat clients like family.
A legal advocate is only as good as the people they support, and support is a key part of being an effective attorney. If an attorney is cold, distant, and unapproachable, they’re really not doing anything for their client besides making them feel insecure.
We’re different in that we treat you like your case matters. You’ve taken the time to visit our website and look into our services, and we find it important to show clients how much their business means to us.
We prepare every case for trial.
Preparation makes the difference between a successful case that pays for all your medical bills and lost income and one that could barely pay for an ambulance ride. Other lawyers don’t prepare each case for trial because they want to fit as many cases into their schedule as possible. In their mind, more cases equals more money, but there’s no point hiring an attorney if they aren’t willing to do everything in their power to get you the money you need.
Our lawyers prepare every case for trial because it gives us the confidence to own the courtroom as well as the knowledge to adjust legal strategies and represent you to the best of our ability.
We earn maximum compensation for your personal injuries.
After hiring us as your Memphis personal injury lawyers, we’ll begin an in-depth investigation of the crash. We’ll gather evidence from the scene and witnesses, and then we’ll consult with experts to further strengthen your case. Expert testimony is a great resource to use for maximum compensation, and we’re ready to explore every avenue that we can to get you the money you need.
Common Types of Personal Injury Claims
A serious car accident can cause a range of injuries, including burns, fractures, spinal cord injury (SCI), traumatic brain injury (TBI), and many more.
Unfortunately, many Memphis car accidents are caused by negligent or reckless drivers. If you or a loved one were injured in a crash that was not your fault, you have the legal right to pursue compensation.
Due to their size and weight, semi-trucks cause some of the most devastating motor vehicle accidents on the road. Many victims are crushed and die in these crashes, as their vehicles can’t stand the weight of an 80,000-pound trailer.
It’s common for the truck driver’s employer or insurance company to greatly devalue claims against them. But make no mistake – the trucking industry is lucrative and can absolutely afford to pay the injured victims of their negligent drivers.
Motorcycles aren’t treated the same as other vehicles. Drivers of passenger cars are often lazy and, instead of checking their side mirrors, they’ll merge into the other lane and hit a motorcyclist.
Due to their vulnerability, motorcyclists are often severely injured or killed in these accidents. Injured victims or the families of injured victims need to hold vehicle drivers responsible; it’s time everyone on the road treated others with respect and extended the same duty of care to motorcyclists as they do everyone else.
Slip and Fall
Business owners have an obligation to keep their premises safe. If they fail to do so, the results can be devastating, especially among older populations who are unable to heal quickly.
Discarded hoses, wet floors with no warning signs, and other dangerous areas are unacceptable, and offenders should be held accountable. Usually, a lawsuit is just the last step in a string of accidents that could have been prevented had the business or homeowner used proper caution.
Sometimes, negligence extends beyond injury and causes a person’s untimely death. The most unfortunate aspect of a wrongful death case is that it would have been completely preventable had the negligent party used an appropriate amount of care. If a loved one was killed in an accident caused by someone else, you have the option and right to hold them accountable on behalf of the deceased.
We can’t bring your loved one back, but we will ensure that justice is met through a solid and timely lawsuit. Call today for more information.
Potential Damages in a Memphis Personal Injury Lawsuit
There are three main types of damages you can claim in a personal injury lawsuit: economic, non-economic, and punitive. As the best personal injury lawyers in Memphis, we’ll work hard to get you maximum compensation for your injuries.
Punitive damages are usually reserved for cases where the defendant was egregiously reckless or intentionally caused harm, such as drunk driving accidents and assaults. Most personal injury victims and their attorneys will focus on economic and non-economic damages.
Economic damages are those losses that can be calculated or recorded easily. These include medical bills, statements, and estimates for the cost of care.
By definition, economic damages are those related directly to the accident for which you’ll receive a bill or lose money from. Economic damages include:
- Medical bills, including hospital visits and doctor appointments
- Surgery needed as a result of the accident
- Diagnostic studies, including MRIs, CT scans, and X-rays
- Medical equipment
- Replacement or repair costs for property damage (rental car, car repairs, etc.)
- Lost income
Hold on to all the receipts, bills, and invoices that you’ve accumulated in the months following the accident. These are tangible pieces of evidence that will help you and your attorney determine the full cost of the accident.
You can’t attach a price to some injuries. There’s no bill or statement, but the pain and loss are still there. These are legally known as non-economic damages. They take more time to work out and must be determined by a judge or jury, but they are often awarded to victims showing signs of mental and/or emotional pain as a direct result of the accident.
Recoverable non-economic damages include:
- Pain and suffering
- Loss of consortium
- Mental distress or anguish
- Physical impairment
Non-economic damages are often more difficult to prove than economic damages, but with the help of a knowledgeable personal injury attorney in Memphis, you could recover for these losses and work toward recovery.
How does a personal injury claim work?
It’s important to know what to expect before you file your lawsuit and begin the journey towards equitable compensation. In general, these are the steps you’ll need to take alongside your Memphis personal injury attorney:
- File lawsuit – The litigation process begins when you and your lawyer file an official personal injury lawsuit in court. Remember, in Tennessee, this must be done within one year of the date of the accident.
- Discovery phase – The discovery phase is the portion of a lawsuit in which both sides gather information, analyze evidence, and investigate the other side’s claims and defenses. This keeps one party from showing up in court with a bombshell that could rip apart the whole case.
- Mediation and negotiation – As discovery ends, lawyers will generally turn to negotiation to make a settlement. If the sides cannot agree on an equitable settlement, they may enlist the help of a mediator, a neutral third party who helps the parties resolve the case.
- Trial – If negotiation and mediation fail, the case will then go to trial. It’s important to note that most personal injury cases are settled out of court, but sometimes the at-fault party isn’t willing to budge. That’s why it’s crucial for your Memphis personal injury lawyer to prepare your case for trial from the beginning. Depending on its complexity, your case may last a day, a week, or longer in court.
Get in Touch With a Top Memphis Personal Injury Lawyer Today
If you were injured in an accident caused by someone else’s negligent or reckless actions, you have the right to hold them accountable. There are more distractions on the road, in the office, and elsewhere, but that doesn’t discount the fact that these accidents cause real injury and pain to victims.
If you or a family member were injured in an accident, you deserve answers and relentless representation. Call a personal injury attorney in Memphis today.
Personal Injury Questions and Answers
What do I do when an insurance company calls me about my injury?
You need to keep this in mind when the other party’s insurance company calls you: they’re not looking out for you and your interests. Insurance companies are businesses, and as such, they make more money by giving you less.
If the insurance company calls you, you should only confirm who you are and provide your own insurance information (the name and phone number of your agent). Don’t give them any details about your injury; instead, tell them that you’ll call them back when your lawyer is with you.
If you already have a lawyer, let them know the insurance company called. Your lawyer can call them back and speak with them if they really need to know something. But chances are, they’re trying to catch you off-guard so you’ll open up and tell them something you shouldn’t.
If you don’t have a lawyer, tell the insurance company that you’ll call them when you do. Then, hang up and hire one of our best personal injury lawyers in Memphis.