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December 21, 2016 In Personal Injury

Cordova, TN Apartment Shootings: Was there security?

style=”text-align: justify;”>apartment shooting lawyer memphis tnViolent crime isn’t limited to urban centers, or run-down properties. Areas in eastern Shelby County, including Cordova, TN are experiencing violent crime, often at what many people would consider to be luxury apartment complexes.

Earlier this month, 18 year old  Eddie McDonald was shot and killed at the Country Squire Apartments in Cordova, TN.

And just this week, a man was shot and killed at the Appling Lakes Apartments in Cordova, TN, while two others were injured by gunfire. The Commercial Appeal reports that the Appling Lakes shooting was the 19th murder in unincorporated Shelby County in 2016–the highest number of homicides ever recorded.

Did you know that apartment owners must provide reasonable security?

In Tennessee, apartment owners are generally required to provide reasonable security measure to tenants and guests of the property. What is “reasonable?” It depends on the circumstances, such as the type of crime committed against a victim and the history of crime on the property and in the surrounding neighborhood.

Every single apartment shooting case is different. We can’t help but wonder if in the Appling Lakes and Country Squire shooting cases, security measures could have prevented the victims’ deaths and injuries.  We do not know enough yet about the cases to make an assessment.

Call us. We are lawyers for crime victims.

We are lawyers for apartment crime victims in Memphis, TN. If you are the victim of an apartment shooting or crime, please call us today at (901) 372-5003.

We have the experience, know-how, and financial resources to properly investigate and prosecute your case. If the apartment complex where you were injured did not provide reasonable security, you may be entitled to money damages to compensate you for your injuries and pain and suffering.   This is the case even if you weren’t a tenant and were just visiting.

We have helped others like you. Let us help you. Call (901) 372-5003 and ask to speak to the experienced apartment crime lawyers in Memphis, TN.

July 27, 2016 In Personal Injury

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 Patterson Bray for help at 901-372-5003.

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.

June 20, 2016 In Auto Accident, Personal Injury

Does Health Insurance Cover Injuries from a Car Accident?

insurance personal injury lawyer

Health Insurance vs. Car Insurance

Almost every state in this country requires a motor vehicle driver to carry insurance, except for New Hampshire and Virginia. Whenever you need to go to the hospital, you expect to utilize the services you pay for to cover your care. But what happens when you seek medical treatment as a result of a car accident? Does your medical insurance still cover this bill, or do you turn to your car insurance for assistance?

Which Insurance Company Covers the Bills?

This question is really quite detailed, and many factors come into play. In most cases, whoever is at fault is responsible for the medical bills. If someone else hits you and is cited for the accident, it is their insurance that is responsible for paying your medical bills. Now, let us suppose that you are hit by someone who did not have insurance coverage.

Uninsured/Underinsured Motorists

For situations where the at-fault party has little to no coverage, carrying an insurance policy known as uninsured or underinsured motorists coverage can help alleviate the stress of mounting medical bills. This coverage can allow your motor vehicle insurance to cover the medical portion of whatever the at-fault drivers could not. This can be especially important if injuries have lasting or permanent effects.

Initial Medical Costs Are Not Always Final

When it comes to a car accident and medical costs, the initial costs of treatment may not be the final total on care. Oftentimes, people do not realize how severely injured they are until days or even weeks after the incident.

Furthermore, if you have had to take time off of work due to your injuries, or have a possibly disabling condition; you may be entitled to further compensation for those damages as well. A DC car accident lawyer can stand beside you and fight for a compensation package that may be able to better recuperate damages you’ve suffered.

Why You May Need an Attorney

An insurance company wants to settle the claim as quickly and as quietly as possible. They do not want to go to court, and do not want to pay a dime more than they have to. Your best interest is not their priority; their main focus is to protect their bottom line. An attorney may be able to help combat attempts to settle your claim with a low-ball offer, expedite the settlement award process, and offer peace of mind by professionally managing all of the complexities of your case.

A top attorney should be able to examine your potential case and determine the path to compensation. They may also be able to assist in determining who is responsible for the medical bills based on your unique situation. There are always loopholes and all sorts of red tape when it comes to an auto accident; which is why having a legal adviser can be so beneficial.

Do you need a Personal Injury Lawyer?

Please call Patterson Bray for a free consultation at 901-372-5003. We are personal injury lawyers in Memphis and Nashville and have extensive experience handling car accident cases. Tell us about your car accident case and let us help you. Sign up for email notifications of our blog post!

 

Thanks to our friends and contributors at Cohen & Cohen, P.C. for their additional insight into car accident and personal injury practice.

March 31, 2016 In Business Litigation, Civil Litigation

The Other Side is Lying. Can I Sue for Defamation?

The Other Side is Lying. Can I Sue for Defamation?

defamation, slander, libel, attorney“Can we sue them for defamation?” That is a question we receive very frequently from both Plaintiffs and Defendants we are representing in pending litigation. Typically, the question is a reaction to reading or hearing something alleged in the lawsuit, whether in a complaint, answer, discovery responses, or during courtroom or deposition testimony.  The client asking that question usually feels that his or her integrity is being questioned, is very upset, and wants to know if he or she can “counter-sue.”   In the context of litigation, the answer is no.  Let’s explore why.

What is Defamation?

To win a defamation case, you must prove that:

(1) Someone “published” a statement about you. (“Publication” is a legal term of art meaning the communication of the subject defamatory matter to a third person.)

(2) The publication occurred with knowledge that the statement was false and defaming to you, or with reckless disregard for the truth, or with negligence in failing to ascertain the truth.

(3) Your reputation was injured.  Damages from false or inaccurate statements cannot be presumed. Actual damages must be suffered and proved.

Brown v. Christian Bros. Univ., 428 S.W.3d 38 (Tenn. Ct. App. 2013). A statement is not defamatory just because it is annoying, offensive or embarrassing. Rather, the statement must be a serious threat to your reputation. Defamation includes both libel and slander. Libel is written defamation. Slander is spoken defamation.

But wait . . . there’s the Judicial Proceeding Exception

Statements made in the course of judicial proceedings which are relevant and pertinent to the issues cannot be used as a basis for a libel action for damages. This is true even if the statements are known to be false or even malicious.

The policy behind this rule is the paramount importance of access to the judicial process and the freedom to institute, defend, and participate in a lawsuit without fear of being sued for defamation.  This exception in Tennessee may leave a wronged individual with no remedy, but our courts have determined that the rights of the individual must be sacrificed for the public good. Desgranges v. Meyer, No. E2003-02006-COA-R3CV, 2004 WL 1056603, at *5 (Tenn. Ct. App. May 11, 2004).

What should I do if I think I have a defamation, libel, or slander case?

Call a lawyer to discuss your case as soon as possible. The deadline for filing a slander suit is 6 months from the time the words are spoken. The deadline for filing a libel suit is 1 year after the words are written. Gathering and preserving your evidence is crucial. Remember you must prove not only that someone defamed you, but that you suffered actual damages.

Patterson Bray

8001 Centerview Parkway, Suite 103

Memphis, Tennessee 38018

(901) 372-5003

Visit our website to learn why we’re not your everyday law firm.

We have offices in Memphis and Nashville and represent clients in Lakeland, Arlington, Cordova, Bartlett, Germantown, Collierville, and many other areas throughout Tennessee and Mississippi.

January 22, 2016 In Auto Accident, Civil Litigation, Personal Injury

Bad Road Conditions- Who is Liable for Car Accident?

bad road conditions, car accident lawyer

Bad Road Conditions- Who is Liable for Car Accident?

Curious about who is responsible for an accident during bad road conditions?

Many of us in Memphis went to bed last night expecting to wake up to a Winter Wonderland. While weather experts predicted several inches of snow and most local schools and businesses announced closures in advance, what we ended up with was just a small dusting of snow. Enough to make our neighborhoods sparkle, but not even enough to build a good snowman.

However, with all the warnings on the news to stay at home and avoid the roads, you might be wondering what the law is concerning car accidents that occur in icy or snowy conditions. What if another driver slides into you, causing significant damage to your car? What about the cars you always see speeding by in icy conditions, without a care in the world? Are they excused from liability just because of the road conditions?

Drivers Are Responsible, Even in Icy or Snowy Conditions

Tennessee Code Annotated § 55-8-136  requires drivers to exercise due care “under the existing circumstances” to avoid crashing into any other vehicle.

This duty was clarified by the Tennessee Court of Appeals in the case of MacLeod v. McKenzie. In MacLeod, a driver lost control of her car in wet road conditions. While the driver argued that she was driving carefully, she admitted that she was driving at or slightly above the speed limit and that she panicked and hit the brakes when her car started to slide. The injured party argued that the driver was driving too fast for the wet condition of the road (even if she was driving the speed limit), and in panicking and losing control of the car once it started to skid. The Court stated that the question of whether a driver exercised due care under the circumstances is a question of fact, which means that a jury should decide.

So, what’s the lesson for driving in bad road conditions?

If you are involved in an accident during bad road conditions, don’t just assume that the other driver is not at fault.  Icy, snowy, or wet road conditions don’t provide a “get out of jail free” card for the other driver. Drivers in Tennessee are always responsible for their actions while driving, regardless of the road conditions.  If a person chooses to drive when road conditions are bad, then he or she is responsible for driving safely and avoiding collisions.

The determination of who is legally responsible for the car accident will depend on a number of factors and there may not be a clear answer.  Even if the other driver was going the speed limit, he or she may still be responsible for the collision, but an insurance adjuster is unlikely to tell you that. This is why you need an experienced lawyer on your side. If you need help with a car accident that occurred in rainy, snowy, or icy road conditions, call us at 901-372-5003.  We know the law and we can help you maximize your claim.