Top 10 Social Media Tips for Personal Injury Victims From Personal Injury Lawyer Memphis, TN Counts On!

memphis personal injury lawyerIt seems that everyone is on Facebook or some other type of social media these days. Many people are even addicted to it. If you have a Memphis, TN car wreck or personal injury claim, you should carefully consider the impact your social media posts could have on your case and the ultimate settlement or verdict you receive.  As an experienced personal injury lawyer Memphis TN knows and trusts, I can tell you that insurance companies and defense attorneys, as part of their evaluation of you and your case, perform social media account investigation. They will pull up your Facebook, Instagram, Twitter, and other social media accounts to see if they can gather useful information about you, your activities, and the extent of your injuries.  We at Wiseman Bray PLLC put together the following social media tips for personal injury victims.

Personal Injury Social Media Tips

  1. Archive the content of current accounts. Destruction of potential evidence may create bigger problems than the information itself, so it is important that you do not delete any current content on your social media accounts.  Most social media sites include directions for archiving.

 

  1. Ideally, stop active use of social media. Consider stopping active use of social media altogether. Use it purely for passively looking at content posted by others, and do not post content of your own.

 

  1. At a minimum, be cautious. If you must post information about yourself, think about how posts might be perceived, especially when taken out of context. For example, posting photos of you on a camping trip may leave the false impression that you participate in vigorous physical activity without difficulty or pain.  Social media almost never provides a complete and accurate depiction of life since most people tend to post only the most positive or glamorous aspects of their lives.  You must assume that anything you post – including status updates, messages, and wall postings – will at some point be seen by the other lawyers, judges, and juries. NEVER post information that may relate to your injury claim, even indirectly.

 

  1. Disclose potential problems to a personal injury lawyer Memphis TN counts on. You may have already made potentially problematic posts before reading this. Remember, though, that you should not destroy or delete any information from your social media accounts.  However, do let your personal injury lawyer know so that he or she can avoid any surprises down the road.

 

  1. Turn on the highest privacy settings. Set your privacy settings to the highest level.  Make sure that only friends can see your information, rather than friends of friends, or the general public.

 

  1. Be aware of “friends.” Create “friend lists” so that only certain friends can see your photo albums or status updates.  Remove any “friends” you do not know well, or at all, and accept friend requests and followers only from people you know and trust.  

 

  1. Make yourself invisible to searches. As learned by a personal injury lawyer Memphis TN knows and relies on, you can remove yourself from Facebook search results by selecting “only friends” under the “search visibility” option in your profile settings.  You can also remove yourself from Google in Memphis TN by unchecking the box for “Public Search Listing” in your Internet Privacy settings. You should make comparable changes to privacy settings on all other social media accounts.

 

  1. Preserve all computers, tablets, and cell phones. If you lose or destroy an electronic communication device, the lawyer on the other side could try to portray it as deliberate destruction of evidence.  It is better to fight a battle over access to a device than to have a judge instruct a jury that it may legally assume and conclude the contents of the device would have been unfavorable to you.

 

  1. Don’t send messages or information about your case. Do not send to anyone, except for your lawyers and their staff, any email, text message, or “private” social media message about your claim, health, or activities. Those communications are not privileged and opposing counsel may be allowed to review any and all such communications.  Careless communication can destroy a case.

 

  1. Don’t join websites or web chat groups. You do not own the information you post online, and that information is highly searchable.  Do not enter any information on dating or insurance sites, post on message boards, participate in or comment on social media “private” groups or blogs, or use chat rooms.

Social Media in Other Types of Cases and Claims

These tips are useful if you are involved in any type of litigation or claim, such as apartment crime, negligent security, insurance claim, contract disputes, business litigation, car or auto accident, or premises liability.

Need a personal injury lawyer Memphis TN trusts?

Call us at Wiseman Bray PLLC  today at (901) 372-5003 or email us here.  Let us put our experience as negotiators, litigators, and trial lawyers to work for you.

How to Talk to Your Insurance Company After an Accident

insurance company after car accidentAfter a car accident, you may feel it necessary to contact your auto insurance company or carrier and let them know what has happened immediately. While informing your carrier of an accident is an important step in getting the compensation you deserve, there are a few things you should know before you pick up the phone.

Don’t Always Expect the Insurance Company to be on Your Side

As nice as it is to believe that an insurance company is on your side, this might not always be the case. Insurance agencies are running a business, meaning their main concern will almost always be their bottom dollar. Even though you may have paid your monthly premiums, and followed up on your end of the bargain, the insurance company will likely still not be looking after your best interests. That’s why you may want to consider enlisting the help of a personal injury attorney. Their main objective is to help you get the compensation you deserve. In fact, most DC personal injury lawyers won’t see any payment until you do.

Speaking with Your Insurance Company

After an accident, you may want to follow these steps:

  • Call the police
  • Take care of injuries
  • Exchange information with the other driver
  • Document the accident
  • Report the accident to your insurance company

When you contact the insurance company, you will likely need the following information:

  • Policy information
  • Identity Verification
  • Facts about the accident
  • What property was damaged
  • If there were any injuries
  • Police report and its identification number

At this point, insurance companies will likely try and find ways to reject your accident claims or find a way to pay the least amount of money on a claim. Remember, you only have to provide the basic information at this time. Stick to the facts and avoid adding any personal opinions, or conjecture about liability; an insurance company will likely try to spin any non-factual evidence you provide to avoid paying your claim. This is also not a time to accept any offers from the insurance company for a payout. If you already have an attorney, provide the attorney’s contact information to the representative. If you don’t have an attorney, let the representative know you will be getting one. Retaining an attorney shows the insurance company that you are serious and that they cannot take advantage of you.

If you’ve been injured in an accident and are in the process of dealing with your insurance company to get the compensation you deserve, it may be in your best interest to seek the help of an experienced personal injury lawyer.

0 COHEN

 

Thanks to our friends and co-contributors from Cohen & Cohen, P.C. for their added insight into communicating with your insurance agency.

 

Need a Memphis Personal Injury Lawyer?

Call us at (901) 372-5003.  Our experienced Memphis injury lawyers can help you make the most of your insurance claim. Sign up for email notifications of 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

Injuries to Trespassing Children

injuries trespassing children, personal injury lawyerIn most states, there are special rules addressing injuries to trespassing children.  In Tennessee, for example, there is the “attractive nuisance doctrine,” recently codified in Tenn. Code. Ann. 29-34-208.

Attractive Nuisance Doctrine

In summary, that doctrine holds that a land owner or possessor is liable for injuries to children who trespass if all of the following elements are present:

(1) The owner maintained a dangerous condition that was not a natural condition and knew or should have known that the condition posed a risk of death or serious bodily harm to trespassing kids;

(2) The owner knew or should have known children were likely to trespass onto the property, either because they would be lured there by the dangerous condition or because children regularly play on the property;

(3) The dangerous condition was not apparent, or children, because of their youth, would be unlikely to discover and comprehend the risk;

(4) The usefulness to the owner of maintaining the dangerous condition and the burden of eliminating the danger were significantly outweighed by the risk of harm to kids who would foreseeably trespass onto the property; and

(5) The owner failed to use reasonable care to eliminate the danger or otherwise protect the children.

This statute does not create or increase liability or affect any immunity from or defense to liability established by other statutes or common law to which a landowner may be entitled.

Even Trespassing Children are Protected by the Law

If your child was injured on someone else’s property by a dangerous condition, you should speak with a personal injury lawyer. Cases like this are very fact-dependent and are handled and settled on a case-by-case basis. Depending on the circumstances, you may be able to recover compensation to help you pay for your child’s medical bills and other damages, even if your child was trespassing.

We represent injured children and their families.

The attorneys at Wiseman Bray PLLC not only know how to deal effectively and efficiently with insurance companies, but we are also experienced trial lawyers.  We’d be honored to represent you and your family if your child has been injured. Please call us today for a free consultation at 901-372-5003. Or, if you aren’t a fan of the telephone, please feel free to email our team of injury lawyers.

We serve clients throughout Tennessee and Mississippi, including Bartlett, Cordova, Lakeland, Germantown, Collierville, Munford, Covington, Arlington, Nashville, Brentwood, and the surrounding counties and rural areas.  Sign up to receive our blog posts via email.

WISEMAN BRAY PLLC

8001 Centerview Parkway, Suite 103

Memphis, Tennessee 38018

(901) 372-5003 Office

(901) 383-6599 Fax

www.WisemanBray.com

Wrongful Death of a Child

wrongful death of a child attorneyNo one should have to ever think about the wrongful death of a child. As a mother of two young children, I can’t think of anything more unbearable than the loss of a child. But according to the American Association for Marriage and Family Therapy, over 57,000 children under the age of 19 die every year in the United States.

Our law firm represents parents who have lost a child due to the fault of another person or company. The legal term for a death caused by someone else’s negligence or wrongdoing is “wrongful death.”

Who can File Suit for Wrongful Death of a Child?

In Tennessee, only certain people have the right to file a lawsuit to recover damages for the wrongful death of a child. As a general matter, the child’s parents can file suit against the responsible party.  If the parents are divorced, special rules apply. Usually, the parent with “primary custody” has the right to file suit. An administrator can also file the lawsuit. Tenn. Code Ann. Section Tennessee Code Annotated Section 20-5-106 provides that the wrongful death cause of action:

shall pass to . . .the [child’s] natural parents or parent or next of kin if at the time of death [the child] was in the custody of the natural parents or parent and had not been legally surrendered or abandoned by [the parents] pursuant to any court order removing [the child] from the custody of [the parents or parent]; or otherwise to the [child’s] legally adoptive parents or parent, or to the administrator for the use and benefit of the adoptive parents or parent; the funds recovered in either case to be free from the claims of creditors.

Occasionally, due to family circumstances, wrongful death cases involving children can become very complicated. Sometimes disputes arise between divorced parents or among family members as to how the case should be handled. Also, even if you aren’t the person to file the lawsuit, you may still be entitled to recover a portion of the damages awarded. Likewise, the person who files the lawsuit may or may not be entitled to a portion of the money damages awarded. An experienced wrongful death attorney can talk with you, learn about your family situation, and advise you on your potential rights.

What are the Damages in a Wrongful Death Case Involving a Child?

Damages in a case involving the wrongful death of a child are determined on a case by case basis. A jury will look at all of the facts and circumstances and make an award. Legally speaking though, the types of damages recoverable in a wrongful death case are statutory and are set forth in Tennessee Code Annotated Section 20-5-113. The general categories are:

(1)     Injuries Suffered by the Child from Time of Injury Until Death

This classification allows recovery for medical expenses, physical and mental pain and suffering, funeral expenses, and loss of earning capacity during the period from injury to death.

(2)     Incidental Damages Sustained by Child’s Next of Kin

This classification of damages includes the pecuniary value of the child’s life.  The “pecuniary value” of a deceased child’s life represents the value of the child’s probable future financial accumulations at the time of the child’s death.  To determine the pecuniary value of a decedent’s life, a court considers the following factors: life expectancy and age, condition of health, capacity for earning money through a skill, art, trade, profession, occupation or business, and personal habits regarding sobriety and industry. The amount should then be reduced by deducting the decedent’s probable living expenses had the decedent lived.

In the case of a wrongful death of a child, the analysis is a bit different. Living expenses are the costs associated with child-rearing. In the case of a very young child, estimates of the child’s future earnings and contributions are speculative at best. For this reason, it can be helpful to have expert testimony concerning the valuation of a child’s pecuniary losses.

Loss of Consortium (Filial Consortium Damages)

Pecuniary value also includes the value of human companionship. Parents of a deceased child are entitled to recover for loss of consortium.  However, these claims for loss of consortium cannot exist independently from the claim that a defendant’s negligence caused the child’s death. Thus, parents cannot recover for the sorrow and anguish endured as a result of the child’s death. Rather, the “pecuniary value” of the child’s life includes a value for the parents’ loss of consortium

In determining the amount of consortium damages, courts consider the benefits the child bestowed on the family, such as companionship, comfort, society, attention, cooperation, affection, care and love. Because it is impossible to generalize on the extent to which family members enjoy each other’s companionship and society, the measurement of a particular parent’s loss of a particular child’s consortium is decided on a case by case basis.

Punitive Damages

If the child’s death was caused by reckless or intentional conduct, parents can seek punitive damages. Punitive damages are designed to punish the responsible person and deter similar behavior.

Negligent Infliction of Emotional Distress

Depending on the facts of the case, parents of a deceased child may be able to assert independent claims for “negligent infliction of emotional distress.” An experienced wrongful death lawyer can advise you further about this and other claims you may have.

Limits on Damages in Tennessee Due to Tort Reform

As a general rule, the most that parents can recover for “loss of consortium” damages for the wrongful death of a child is $750,000. Punitive damages are usually limited to $500,000 or two times the compensatory damages, whichever is greater. One of our Memphis wrongful death attorneys can discuss your case and explain the rules on damages in Tennessee, as well as the various limitations in effect due to Tennessee Tort Reform.

Looking for a Caring and Compassionate Wrongful Death Lawyer?

If you’d like to speak with a caring and compassionate wrongful death lawyer in the Memphis or Nashville area, please call our office at 901-372-5003. We’re not your everyday law firm. We are mothers and fathers just like you and we treat our clients like family. There is never any charge for an initial consultation or meeting.  To get email notifications of our blog posts, please sign up here.

Resources for Families Suffering the Wrongful Death of a Child

Understanding Grief When Your Child Dies

The Death of a Child: The Grief of the Parents: A Lifetime Journey

 

Blog Post by:   Erin Shea

memphis personal injury lawyer and wrongful death attorneyErin practices in the area of civil litigation, including personal injury and wrongful death, premises liability, apartment crime, business and contractual disputes, and insurance claims. Before joining Wiseman Bray PLLC, Erin practiced at Rainey, Kizer, Reviere & Bell PLC, gaining extensive experience in litigation. Her experience at a large insurance defense firm gives her a unique perspective in advancing claims on behalf of the firm’s clients.

Erin has been listed as a Mid-South Super Lawyers Rising Star every year since 2009  and is a Fellow of the Memphis Bar Foundation.

She is married to Martin F. Shea, Jr., and has two very active young children— Elin (Age 4) and Martin (Age 21 months)– and a German Shepherd dog named Iko.  In her spare time, she enjoys reading, movies, good television, and exercise.

 

 

Erin Melton Shea

WISEMAN BRAY PLLC

8001 Centerview Parkway, Suite 103

Memphis, Tennessee 38018

(901) 372-5003

 

Who is the best lawyer near me?

best lawyer in memphis

By:  Lang Wiseman

You may have been hurt in an auto accident or truck accident and wondering:

  • Who is the best injury lawyer or best accident lawyer in Memphis, or Nashville?
  • Who is the best injury attorney near me?
  • Who is the best car wreck lawyer in Cordova, or Bartlett, or Germantown?
  • Who is the best car wreck attorney near me?

You may have been injured and Googled those questions, or perhaps others:

  • Who is the best personal injury attorney or wrongful death lawyer in Memphis?
  • Who is the best spinal cord injury lawyer, or brain injury lawyer near me, or in Memphis, or in Tennessee?
  • Who is the best lawyer to negotiate with an insurance company for damages for your injury?

Right question. Wrong answer.

You won’t ever hear any lawyer or attorney at Wiseman Bray PLLC claim that we are the “best” in Memphis – for a couple of different reasons. First, because there are plenty of fine lawyers and attorneys in the Memphis and Nashville, Tennessee area, including in Cordova, Bartlett, Germantown, Arlington, Millington, Collierville, and Lakeland.  We would seriously question any injury lawyer with the temerity to proclaim himself “the best.”

Second, based on Rule 7 of the Rules of Professional Conduct, the Tennessee Board of Professional Responsibility back in 2004 specifically prohibited such self-serving, subjective statements by attorneys, including statements that a lawyer is “most qualified,” “excellent,” “top,” “most experienced,” “preferred”, or an “expert” in a particular field of law, such as personal injury, auto accident, or wrongful death.  The Board’s opinion was based on provisions of Rule 7 that have since been revised, and thus it is not entirely clear whether an outright prohibition is still technically enforceable. However, most reputable lawyers still find such statements to be highly questionable, and certainly in poor taste.

So, the next time you hear an attorney refer to herself or himself as an expert, or say that he or she is the best lawyer in a Tennessee town – whether on TV or on a website or in marketing materials – you should know that that lawyer is not only humility-challenged, but also possibly in violation of the basic Rules governing attorney conduct.

The right answer?

At Wiseman Bray PLLC, you’ll only hear us talk about our experience in Memphis and Nashville, Tennessee injury claims, and about our unique and selective approach to personal injury and wrongful death claims. When it comes to injury cases, we’re not a high-volume, low-dollar settlement firm. We only take serious claims involving serious injuries or death, and we purposefully keep our caseload small so we can give our clients the attention they deserve.

You can check out our qualifications here, and you can click here to find out more about some of the actual results we’ve achieved in various types of cases, including car wrecks, truck accidents, slip and fall cases, and wrongful death claims. At the end of the day, we’ll allow our client ratings and peer reviews from such public resources as AVVO or Findlaw do the talking for us. Click on those links to see what others have to say about us.

Search our blog or  website for more helpful resources and information, and please call or email about a free consultation. We’ll respond in less than 24 hours to let you know whether we can help. Here’s our contact information.

Lawsuit Deadlines: How long do I have to file a lawsuit in Tennessee?

lawsuit deadlines, personal injury lawyer memphis

Don’t let lawsuit deadlines kill your case before it even starts.

In Tennessee, there are lawsuit deadlines called “statutes of limitations,” so it is important to speak to a lawyer as soon as possible if you believe you may need to file a lawsuit.  If you wait too late, you may lose your ability to seek a remedy or recovery in court.

Why are there statutes of limitation or lawsuit deadlines?

Statutes of limitation serve a number of purposes.  They promote stability in personal and business relationships; they prevent undue delay in filing lawsuits; they help to avoid uncertainty in pursuing and defending old claims; and they help to ensure that evidence is preserved and not lost due to the lapse of time, fading memories, or death of witnesses or parties.

What time limit applies to my case?

It depends on what kind of case you have. Even our courts sometimes struggle with which statute of limitation applies. Generally, a court looks to the “gravamen” of the complaint to determine which statute of limitation applies. Think of the “gravamen” as the “real purpose” or the “main point” of a lawsuit.

The Tennessee Supreme Court, in Benz-Elliott v. Barrett Enterprises  said that when determining the gravamen of a complaint in order to decide which statute of limitation applies, “a court must first consider the legal basis of the claim and then consider the type of injuries for which damages are sought. This analysis is necessarily fact-intensive and requires a careful examination of the allegations of the complaint as to each claim for the types of injuries asserted and damages sought.”

You may have multiple legal theories and claims available to you in your case, but those claims could have different statutes of limitation that will affect your ability to recover.  Because this analysis can be difficult, and it is to your advantage to include as many viable claims for recovery as possible, you should consult an attorney as soon as possible to discuss your case.

Statutes of Limitation in Tennessee for Common Claims

Below are statutes of limitation for common types of claims. There are others, so make sure and consult with an attorney to make sure you understand what time limit applies to your case.

  • Personal injury or wrongful death – 1 year
  • Property damage – 3 years
  • Conversion – 3 years
  • Breach of Contract – 6 years
  • Fraud/Misrepresentation – 3 years
  • Legal or medical malpractice – 1 year
  • Consumer Protection Act claims – 1 year
  • Sale of Goods Contract Claims – 4 years
  • Slander (spoken defamation) – 6 months
  • Libel (written defamation) – 1 year

Exceptions

There are certain exception to the statutes of limitation in Tennessee, but you should never assume an exception will apply to your case. For example, if a person took active steps to keep you from discovering an injury or claim (i.e., fraudulent concealment), then you may have additional time to file suit.

Courts will not allow you extra time to file suit simply because you did not know the applicable statute of limitation, or because you suffered an injury but didn’t find out the full facts or extent of your damage until later in time. Consult with an attorney as soon as you think you have a claim.

Don’t Lose Your Ability to Recover. Call us today.

Statutes of limitations and lawsuit deadlines can kill your case before it even starts. If you think you may have a legal claim against someone, please call us today at 901-372-5003 or email us here. Don’t wait too late and lose your ability to file suit or recover damages. Let the attorneys of Wiseman Bray PLLC help you today.