Tow Truck Driver Shot at Eden at Watersedge Apartments and Townhomes in Memphis, TN

apartment crime lawyer memphis tnCrime at Memphis apartment complexes continues.

Just this morning, a tow truck driver was shot in the head through the window of his truck at the Eden at Watersedge Apartments and Townhomes near Fox Meadows on South Mendenhall Road. According to the news we’re reading, witnesses heard four gunshots ring out before calling 911. When police arrived, they found the driver inside of the tow truck unconscious. Officers had to break out a window of the truck to get inside. According to WMC Action News 5 in Memphis, the victim was identified as 28-year-old Darrell Adams and he was checking for parking violations at the apartment complex when he was shot.

Does the Victim (Tow Truck Driver, Darrell Adams) have a claim against the apartment complex where he got shot?

Maybe. There are many factors to consider. In Tennessee, apartment complex owners and managers must take reasonable measures to protect tenants and guests from foreseeable criminal attacks. Whether Mr. Adams would be able to recover against the Edens at Watersedge depends on a number of factors, including, but not limited to, the facts of how the incident occurred, security measures provided at the apartment complex, and crime levels for the apartment complex and surrounding neighborhood.

Are you the victim of an apartment crime or apartment shooting? If so, call the apartment crime lawyer Memphis,TN knows and respects.

If you are the victim of a serious injury due to apartment crime, please call Wiseman Bray PLLC today at 901-372-5003. We’ve helped other crime victims like you, and we can help YOU recover your damages if apartment management failed to take reasonable measures to protect against foreseeable criminal attacks. Wiseman Bray PLLC is an apartment crime lawyer Memphis, TN  knows and trusts. We will meet or speak with you and discuss whether you might have a case at no charge.  Call us today.

WISEMAN BRAY PLLC

8001 Centerview Parkway, Suite 103

Memphis, Tennessee 38018

(901) 372-5003

www.WisemanBray.com

Mall Security in Memphis- Oak Court Mall and Wolfchase Mall Incidents

mall security lawyer, crime victim lawyer memphis tnDo you ever shop at shopping malls in Memphis?

According to the Commercial Appeal, Memphis Police Director, Michael Rallings, said that malls in Memphis depend too much on the short-staffed Memphis Police Department and should instead add private security. Director Rallings also issued this warning to parents who drop off unsupervised children and teenagers to roam about at malls: “It’s not our job to raise your children. That’s your job.”

Malls in Memphis Should Add Private Security, Says Memphis Police Director Rallings

Our firm handles negligent security cases, and what Director Rallings speaks of is absolutely in line with what Tennessee law requires of commercial property owners. In our state, a commercial property owner, like a store or shopping mall, must provide reasonable security to its customers. What is reasonable? That’s ultimately up to a jury to decide after hearing evidence about crime history, neighborhood statistics, etc., but it sure sounds like Director Rallings believes that Memphis shopping malls can and should provide better security that what presently exists.  For the sake of the citizens of Memphis, we hope area shopping malls heed Director Rallings’ recommendation to increase security levels.

Crime Victim Lawyers

We represent victims of crime in the civil court system, because remedies in criminal court do not adequately compensate the crime victim. We may be able to help a crime victim recover compensation for injuries and financial losses due to the failure of a business, shopping mall, store, or apartment complex to provide reasonable security measures in accordance with Tennessee law.  If you or someone you know needs our help, please call us today at 901-372-5003.

WISEMAN BRAY PLLC

8001 Centerview Parkway, Suite 103

Memphis, TN  38018

Phone: (901) 372-5003

www.WisemanBray.com

More Resources for Crime Victims

Visit our Crime Victim page here.

View our previous BLOG POSTS about negligent security cases below:

Cordova Apartment Shootings: Was there security?

Apartment Managers Can’t Turn a Blind Eye to Crime

Windgood Manor Apartment Shootings in Memphis

Deadly Shooting at Madison Cypress Lakes in Memphis

Apartment Complex Crime- Memphis Attorneys

“Apartment Managers Can’t Turn a Blind Eye to Crime,” says Apartment Crime Lawyer Memphis,TN Knows and Trusts.

apartment crime lawyer memphis, tnAs an apartment crime lawyer Memphis, TN  knows and trusts, I can tell you that in Tennessee, the law requires property owners to take reasonable measures to protect their tenants and guests from foreseeable criminal attacks.  Many apartment managers and owners fail to do this, and in some cases, innocent people living in or visiting apartment complexes or communities are injured as a result.

What is a foreseeable crime?

Tennessee case law states that the degree of foreseeability needed to establish a duty by an apartment owner to protect against criminal acts will almost always require that prior instances of crime have occurred on or in the immediate vicinity of the property. Courts will consider the location, nature, and extent of previous criminal activities and their similarity, proximity, or other relationship to the crime that resulted in personal injuries to an innocent victim.

Assessing Crime at an Apartment Complex

So, what is a property owner or apartment manager in Memphis TN supposed to do? The owner or manager can start by assessing the level of crime within the apartment complex and surrounding neighborhood. How is management supposed to know about crime? Many apartment managers commute to work from some other neighborhood and don’t even live in the apartment complex they manage, so they are disconnected from the community.  Even if a manager does live on site, the manager might claim he or she never observed any crime occurring, and thus had no reason to know security measures were necessary. Good enough? Not by a long shot. There are many tools available today for property owners and managers to use to assess crime as the first step in developing a reasonable security plan for an apartment community.

Reviewing and Monitoring Crime Levels apartment crime lawyer memphis, tn

As an apartment crime lawyer Memphis, TN counts on, I regularly obtain the following information while representing victims of apartment violence and shootings, so we  know that the same information is available to apartment owners and managers.

  • CAP Index® Reports– According to the company’s website, CRIMECAST Reports are designed to identify the risk of personal and property crimes at a particular location. You can see a Sample CRIMECAST Report here.
  • Crime Analysis Reports. In the City of Memphis, a property manager or owner can submit a Crime Analysis Search Request to the Memphis TN Police Department and receive a Crime Analysis Report.  Information can be requested for a specific address, apartment complex, police district, or radius around an address.  The Report generated identifies the number and types of crimes for the time period requested, the specific location of each crime, and the corresponding incident report numbers for each crime.
  • Review Police Incident Reports. In Memphis, TN, an apartment manager can request copies of police reports in order to understand the types of crimes being committed on or near a property.
  • Calls for Service. In Memphis, TN,  a property owner or manager can request the calls for service made to a particular address or apartment complex.
  • Statistics from Local Police Precinct.  A property owner or manager can also visit the local precinct, discuss crime in the neighborhood, and request and obtain information concerning crime statistics for the area.

Are you the Victim of an Apartment Crime or Apartment Shooting? If so, call the apartment crime lawyer Memphis, TN knows and respects! 

If you are the victim of a serious injury due to apartment crime, please call Wiseman Bray PLLC today at 901-372-5003. We’ve helped others like you, and we can help YOU recover if apartment management failed to take reasonable measures to protect against foreseeable criminal attacks.  Wiseman Bray PLLC is an apartment crime lawyer Memphis, TN  knows and trusts. We will meet or speak with you and discuss whether you might have a case at no charge.  Let us get to work for you.

Here are the experienced Memphis apartment crime lawyers at our law firm who will work on your case:

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Lang Wiseman

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Chris Patterson

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Erin Shea

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Will Patterson

Contact Information:

Wiseman Bray PLLC

8001 Centerview Parkway, Suite 103

Memphis, Tennessee 38018

(901) 372-5003 Office

(901) 383-6599 Fax

www.WisemanBray.com

 

Deadly shooting at Madison Cypress Lakes apartment complex

shooting at madison cypress lakes, crime victim attorneyUPDATED on 08/08/2016:  Police have now identified the victim as Monique Brown, who is the mother of a young child.

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A deadly shooting at Madison Cypress Lakes apartment complex in Memphis, Tennessee.

According to news reports, a young woman was shot and killed in a shooting at the Madison at Cypress Lakes apartment complex.  What makes this shooting especially tragic is that this is hardly the first time the Madison apartment complex has been the scene of senseless violence.  According to News Channel 5, it’s the third incident just this year in which their news crew has reported on a serious criminal incident at the complex.

 History of Crime at the Apartment Complex

Another story reports that “[t]he complex has a history of violent crimes.”  The story also reports that:

In June 2013, a pizza delivery driver was shot during an armed robbery at the complex. In March 2014, one person was shot during another armed robbery. Two months later, in May 2014, a man was stabbed several times by two men during an attempted robbery. Earlier this year, a woman was sexually assaulted by a man who broke into her apartment.

We know the law on Apartment Crime.

Just 8 months ago, our law firm concluded a lawsuit involving yet another shooting at Madison Cypress Lakes in Memphis, involving the senseless robbery and shooting of a pizza delivery driver.  That lawsuit involved allegations of a shockingly low level of security given the Madison’s size, location, and finances.

Unfortunately, though, as confirmed by these local news reports, it appears that residents and visitors of the Madison at Cypress Lakes continue to be victimized by crime.

Obviously, not all crime is preventable.  And not all crime that occurs at an apartment complex is the fault of the property owner.  But all too frequently we find that large, out of town, corporate owners put profit over people, and they fail to implement reasonable security measures that could prevent innocent people from becoming victims of violent crime.

We represent crime victims and their families.

If you or someone you know has been seriously injured or killed at an apartment complex or other commercial property in or around Memphis or Nashville, call Wiseman Bray PLLC for help at 901-372-5003.

Visit our page on Apartment Crime.  Sign up for our blog posts here.

 

WISEMAN BRAY PLLC

8001 Centerview Parkway, Suite 103

Memphis, Tennessee 38018

(901) 372-5003 Office

(901) 383-6599 Fax

www.WisemanBray.com

 

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We assist crime victims in the greater Memphis and Nashville areas. Cities covered include: Memphis, Arlington, Bartlett, Collierville, Cordova, Eads, Germantown, Lakeland, Ashland City, Belmont, Hillsboro, Brentwood, Belle Meade, Forest Hills, Franklin, Greenhills, Hendersonville, Nolensville, Nolan’s Park, Oak Hill, and surrounding towns and cities.

Will I have to pay taxes on my settlement?

personal injury settlementMany of our Memphis and Tennessee injury clients ask – will I have to pay taxes on my settlement for personal injuries?  The general answer is NO.

Will the IRS make me pay taxes on my settlement?

Here is what the IRS currently says about Settlements and Taxability:

If you receive a settlement for personal physical injuries or physical sickness and did not take an itemized deduction for medical expenses related to the injury or sickness in prior years, the full amount is non-taxable. Do not include the settlement proceeds in your income.

What if I did take an itemized deduction for related medical bills in prior years?

Will I have to pay taxes on my settlement if I did?  You must include in income the part of the settlement that is for medical expenses you deducted in any prior year to the extent the deduction provided a tax benefit. For detailed information on how to report this, we recommend that you speak with your accountant or tax professional.

What about settlements for Emotional Distress or Mental Anguish?

If you receive a settlement for emotional distress or mental anguish stemming from a personal physical injury or sickness, then the settlement is treated the same as a personal injury, as noted above above. However, if the settlement for emotional distress or anguish does not arise out of a personal injury or sickness, then you must include the proceeds in your income. Here is what the IRS states on this issue:

If the proceeds you receive for emotional distress or mental anguish do not originate from a personal physical injury or physical sickness, you must include them in your income. However, the amount you must include is reduced by: (1) amounts paid for medical expenses attributable to emotional distress or mental anguish not previously deducted and (2) previously deducted medical expenses for such distress and anguish that did not provide a tax benefit. Attach to your return a statement showing the entire settlement amount less related medical costs not previously deducted and medical costs deducted for which there was no tax benefit. The net taxable amount should be reported as “Other Income.”

Punitive Damages are Taxable

If you receive an actual court award of punitive damages, those proceeds are taxable and should be reported as “Other Income.”  This is true even if the award stems from personal injury or sickness.

Recovery of Lost Wages is Taxable

If your personal injury settlement is itemized to include recovery for lost wages, then that portion of the settlement is taxable and should be reported as income.  During the negotiation phase, most attorneys are careful to clarify and/or minimize, if not eliminate, any apportionment of the settlement to wages.  You would likely also receive a Form 1099 for any recovery attributable to lost wages.  [Note: Wages and/or settlements paid in connection with work comp are not taxable.]

Interest on a Settlement is Taxable

What if the other side doesn’t pay my settlement all at once? Will I have to pay taxes on my settlement if they pay me interest? Yes. Interest you are paid on any settlement is taxable as “Interest Income.”

Do I have to tell my CPA or Tax Preparer about my settlement?

We advise that you do, so that he or she can advise you on the most up-to-date reporting requirements applying to your specific settlement.

Injured and seeking legal representation?

Call us at 901-372-5003 or email us here. We handle a wide range of personal injury cases.  Our approach to handling cases is what sets our firm apart. While some injury lawyers and firms take on hundreds of cases, and may seem more interested in quickly settling the case than seeking full and fair compensation for their client, we focus on identifying great clients and great relationships.

Victims need a lawyer with the experience, drive, and knowledge necessary to compete with the insurance companies who are handling your claim. Otherwise, you’ll end up being a victim twice, and you might not even realize it until it’s already too late. Our personal injury practice is led by Harvard-educated attorney Lang Wiseman. We know how to get fair and just results.

Click here to learn more about the work we do.

 

Apartment Complex Crime – Memphis Attorneys

apartment complex shootings lawyer in memphisWe continue to read about apartment complex shootings in Memphis and can’t help but wonder what kind of security measures were in place at these complexes. Could a more thoughtful security plan have prevented these tragic deaths and injuries?

Recent Apartment Complex Shootings in Memphis

Edison ApartmentsMan Shot at Downtown Apartments

Alden Gate ApartmentsTwo in critical condition after shooting

Abandoned Apartment ComplexDouble Shooting at Memphis Apartment Complex

Whitehaven View ApartmentsWoman Shot in South Memphis Apartment Complex

Duty to Provide Reasonable Security in Tennessee

 apartment complex shootings

Did you know that in TN, apartment complexes usually have a duty to provide reasonable security measures?  Each case is different, but in some cases, a crime victim injured on apartment complex property may be entitled to money damages from the apartment complex or its owner.

Wait a Minute— I Can Recover Against the Apartment Complex Even Though a Criminal Shot Me?

Yes, in some cases.  It depends on the facts of your case and the security measures that were or were not in place at the apartment complex. Every case is unique. It is important to call an experienced apartment complex shooting lawyer to discuss your car.

We Represent Victims of Apartment Complex Shootings.

Do you have questions about a potential case against an apartment complex based on the acts of a criminal assailant? Our law firm has significant experience in this type of case. We have represented clients who have been shot at apartment complexes and we’ve helped them obtain compensation for their injuries. Not only do we have the necessary experience in this kind of case, but we treat our clients like family. You will never feel like a “file on a shelf” at Wiseman Bray PLLC.

Call us today at (901) 372-5003 or email us here.

“Neighbors said the complex’s security gate hasn’t worked in quite some time.”

WB LogoIt keeps happening.  Almost every day brings another incident of violent crime in Memphis area apartments.  Apartment residents in Memphis have a right to demand that property managers and owners take reasonable steps to prevent foreseeable crimes on their premises.

Over the last few years, our litigation attorneys are spending an increasing amount of our time representing crime victims when property owners fail to take these reasonable precautions.  While not every crime is preventable, and not every crime is the result of a failure of property owners, frequently, bottom line profit is placed before safety of residents.

Apartment Complex Crime -Negligent Security-Memphis

crime victim lawyers, apartment complex crime attorney
Memphis has more than its share of violence. Apartment complex crime in Memphis is serious. Recently, another man lost his life after being gunned down as he was walking back into his apartment at the Prescott Place Apartments located in the 1700 block of Morlye Street. Not all crime is preventable, but many times property managers and apartment complexes do not have adequate security to deter and prevent crime.

We have significant experience in handling apartment crime and negligent security cases. Investigating and prosecuting these claims can be complex. We often learn that  large out-of-town companies own and operate apartments in high-crime neighborhoods, and do little to protect their residents and visitors. Why do these companies ignore the crime? It’s simple: spending money on security measures cuts into the bottom line.

An apartment complex presents unique security issues that don’t exist in single-family neighborhoods. The layout of the premises often makes it challenging for local police to monitor and patrol the area. Because of this, it is even more important for apartment companies and property managers to be intentional about the security on their property.

Unfortunately, many times security measures such as increased lighting, properly maintained landscaping, and security guard patrols are ignored and residents are left to fend for themselves. When this happens, you can be sure that criminals learn which properties are prime targets. Indeed, in one case we worked on, three criminals actually rode their bikes past several other commercial and residential areas to specifically find a victim at the defendant apartment complex because they knew it was dark and no security guards worked at night. The failure of the apartment complex and property management to implement and maintain reasonable security measures resulted in the complex having a reputation for being a good place to commit crime without getting caught, and our client suffered a catastrophic gunshot wound because of it.

We represent victims of apartment complex crime.

If you or someone you know has been the victim of apartment complex crime in Memphis or if you have been a crime victim on a commercial property and you think that the security measures may not have been reasonable, please feel free to call our firm to see if we can help. We are attorneys for crime victims. Call us at 901-372-5003.

 

WISEMAN BRAY PLLC

8001 Centerview Parkway, Suite 103

Memphis, Tennessee 38018

(901) 372-5003