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Law Blog by Wiseman Bray - Memphis Probate & Injury Attorneys

Deadly Shooting at Howell Apartments in North Memphis

When choosing a place to call “home,” a basic requirement we all have is finding a place that makes us feel safe and secure; a place we can comfortably live and raise our families without fear of the dangers this world so often seems to bring. For the tenants and guests of Howell Apartments, however, living in fear seems to be the new norm.

Memphis, TN Crime Victim Attorneys | WisemanBray

This past Friday, May 15, 2020, a shooting occurred at the 2200 block of Howell Avenue in the courtyard of Howell Apartments located in Memphis, Tennessee, ultimately claiming the life of 53 year old, Keith Brooks. Unfortunately, this is not the first violent crime and shooting incident to occur in this area.

By Law, Apartment Owners are Required to 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 Howell Apartments shooting case, security measures could have prevented Mr. Brooks’ death another sad story of the loss of life at apartments in the Memphis area. 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.

My Workers’ Compensation Claim was Denied

Going to work is an important part of everyone’s day. Coming home is equally, if not more, important. But not everyone comes home in the same shape they left. Sometimes, we are victims of workplace injuries.

When you suffer a workplace injury, your sole focus should be on your recovery. The best way to do that is to work with a trusted workers’ compensation attorney who can help you maximize your recovery. 

What is workers’ compensation?

Workers’ compensation is insurance coverage carried by your employer. This insurance covers lost wages, medical expenses, and rehabilitation costs for employees who are injured on the job. 

Workers’ compensation insurance is no fault which means that it does not matter who caused the injury, the benefit is owed to you if you were injured on the job. However, there are exceptions. If you intended to injure yourself or someone else and you suffered an injury because of your actions, then you would not be entitled to workers’ compensation benefits. There are other exceptions and that’s why it’s important to speak with a lawyer today.

I filed a claim but it was denied. What now?

If your workers’ compensation claim was denied and you have not yet hired a lawyer, now is the time to do so. Waiting any longer could be detrimental to your recovery. 

Your lawyer will help you determine why your claim was denied and what steps you need to take next. But you have to act fast as you only have limited time after your claim was denied to file an appeal. A law firm is ready to help guide you through the process. 

Should I still see my doctor?

Absolutely. Just because your workers’ compensation claim is denied, that does not mean you suddenly get better. You still need to focus on your physical recovery and the best way to do that is to keep seeing your doctor.

Your doctor will also help you determine the best course of action for your recovery. They can chart a course for your recovery while we are working hard to ensure your workers’ compensation appeal is granted and you get the benefits to which you are entitled.

Do I have to go to the insurance company’s doctor?

Yes but that doesn’t mean it’s the only doctor you can see. The workers’ compensation insurance company can and often will require you to see their doctor for an independent medical exam. But you can still see your doctor, especially if you do not think the insurance company doctor is providing the best treatment.

Insurance companies are often pushy. Don’t let them push you around and tell you that you can’t see your own doctor. You can. And we can help make sure your doctor’s report is included in your workers’ compensation claim.

A law firm is here to help.

A lawyer can answer all of the questions above and the countless others you may have. Workers’ compensation is a complex legal process and we want to give you the peace of mind you deserve, knowing that your claim is in good hands. Contact a Milwaukee work injury lawyer today to get started.

Thanks to Hickey & Turim, SC for their insight into workers compensation and denied claims.

Is Your License in Jeopardy When You Get a Speeding Ticket?

Traffic laws represent the attributes every good driver should have and maintain, but no one is perfect. Every driver is likely to experience some type of moving violation during the lifetime of their license. Although, not all of those violations will equate to the removal or suspension of a license. Obviously, for serious offenses, such as a DUI, it is quite possible for a judge to revoke your license. However, is there ever a time when your license can be taken away for routine moving violations, and if so, is the removal permanent, or can your license be reinstated? The answer lies in the definition of a moving violation and the frequency of the improper use of your vehicle.

Routine Moving Violations

A moving violation is considered a breach of traffic law when driving. For example, rolling through a stop sign or running a red light. Also, speeding is a moving violation. These violations are considered routine and not necessarily reckless, although speeding is debatable. For example, a driver who is cited for going five or seven miles per hour over the speed limit is not as dangerous as someone driving 20 or 30 miles per hour over posted limits. The person driving at a higher speed may be cited or even arrested for reckless driving and possible endangerment, depending on the circumstances.

Excessive Violations and License Suspension

While a single speeding ticket, within reason, will not typically result in a suspension of your license, excessive violations might. For example, you may be allowed to receive two to three moving violations within a short window, but any more than that can result in your license being suspended.

If your license is suspended, that does not mean it is taken away for good. However, you will need to complete coursework or traffic education training before being able to reapply for a license renewal. Fortunately, most drivers are able to learn from a single ticket and do not typically repeat the same violation within a short time frame.

Traffic laws are in place to ensure the safety and responsibility of all drivers. Every time you put your key in the ignition, you are making a promise to other drivers that you will obey the law. Breaking those laws can result in a license suspension, especially for excessive violations in a short period of time. If your license has been suspended or you believe you were unfairly ticketed, consider contacting a traffic attorney, like a Criminal Defense Attorney in DC.

Thank you to the experts at The Law Firm of Frederick J. Brynn, P.C., for their insight into criminal defense law. 

How Much Child Support Payments Should I Be Getting?

When parents have decided to end their marriage, everyone involved will experience some degree of emotion. When children are involved and child support payments need to be arranged, both parents may feel an added amount of pressure. Child support payments are to ensure the child’s quality of life does not become altered after a divorce. Those going through the process should know what their rights are, as well as whether they are receiving the correct amount. If you have recently gone through a divorce and are trying to establish child support payments, it may be useful to speak with a child support lawyer.

The Purpose of Child Support Payments
Child support is a form of court-ordered payments. In general, they are paid for by the non-custodial parent to help their minor children. A family court judge has a duty to set the payment schedule and amount during the divorce proceeding. When a support order is given by the court, it is meant to assist the custodial parent with all of their expenses related to the children. 

As a child support lawyer might explain to you, child support payments are meant to purchase items such as:

  • Food 
  • Clothing
  • Housing
  • Transportation
  • Schooling
  • Childcare
  • Medical treatment
  • Extracurricular activities

The goal of child support is to help the child maintain the same standard of living they had prior to the divorce. It also helps to maintain a normal life and ensure all of their costs are covered. 

How Much Support Should Be Given
During the process, the custodial parents might wonder how much child support they should receive. There are different calculation formulas under the Federal Child Support Enforcement Act that parents must pay in different situations. It should be noted the amount of child support ordered by a judge can vary by state, and by the ruling judge. 

In general, parents might find it beneficial to speak with a child support lawyer who can explain how the formulas work and how they apply to your case. A lawyer can also support you in the courtroom and ensure that both you and the child are being treated fairly. 

How A Judge Determines the Amount

When a judge is considering the amount of child support to be paid, they may consider the following:

  • The current custodial agreement
  • The non-custodial parents ability to pay for child support
  • The number of children involved in the case

Parents who have sole custody will typically be paid by the non-custodial parent. Whereas, parents who have joint custody will find the amount is based upon each parent’s ability to care for the children, as well as, their financial stability. In joint custody cases, the amount of time spent with the children will also likely be factored into the amount of child support to be paid. 

The objective of child support payments is to ensure the child’s quality of life does not change or decrease after the divorce. Because of this, the judge will review the child’s current life and way of living. This will be used to determine the amount of child support to be paid. The court might also determine whether or not this lifestyle is possible and adjust accordingly. Further factors that may be included in a judge’s decision include:

  • Whether the child has any special requirements
  • Vision care
  • Dental coverage
  • Health insurance

If you would like help to obtain child support from an ex or are in need of a legal advocate to guide you through the process, call a child support lawyer, like a child custody lawyer in Collin County, TX

Thanks to Scroggins Law Group for their insight into how child support payments are calculated.

How to Pursue a Workers’ Compensation Claim for Carpal Tunnel Injury

Work injuries are often readily apparent. A worker slips and falls or has some other type of accident that leads to an injury. However, some work-related injuries develop over time as the worker continues performing their job functions. When an injury is not straightforward, and is something that progresses and worsens over time, proving a workers’ compensation case is a bit more challenging. You will need a seasoned workers’ comp attorney on your side to help you navigate the ins and outs of such a case.

Here is some helpful information on the condition and how to file a successful worker’s compensation claim if you suffer from work-related carpal tunnel syndrome.

What is Carpal Tunnel Syndrome?

Carpal tunnel syndrome is a disorder affecting the nerves in the wrist. It’s commonplace in office workers and staffers whose jobs involve repetitive hand motions. The carpal tunnel is a narrow passageway in the wrist surrounded by several small bones. The median nerve is usually protected by a ligament that arches over these small bones.

The median nerve has many functions. As one of the primary nerves in the hand, it extends down into the thumb and into the index, middle, and part of the ring finger. In specific circumstances, which are at times work-related, the median nerve suffers pressure and irritation as it passes through the carpal tunnel structure, producing the symptoms of carpal tunnel syndrome.

What Causes Carpal Tunnel Syndrome in Workers?

When the wrist, hand, or fingers are continually being used for repetitive motions such as twisting, pulling, or striking, the ligament may become inflamed put pressure on the median nerve. That compression of the median nerve may interfere with the use of the hand and wrist, and cause pain and numbness in the fingers and hand.

Carpal tunnel syndrome is considered a legitimate occupational disease and can be used as the basis for a workers’ compensation claim. Occupational diseases are chronic illnesses or conditions that manifest as a direct result of an activity that is part of an individual’s required daily work.

How Do I File a Carpal Tunnel Injury Claim?

Carpal tunnel is a genuine on-the-job injury. As such, workers who are affected by carpal tunnel syndrome stemming from work activities are entitled to bring a workers’ compensation claim to seek compensation for their losses. Workers’ comp benefits typically include reimbursement for medical bills and rehabilitative therapy, out-of-pocket expenses, and a portion of lost wages.

If you have symptoms of carpal tunnel syndrome and want to seek medical treatment, you must notify your employer immediately after your symptoms appear. Your workers’ compensation process begins upon your first report of the injury to your employer. With carpal tunnel syndrome, you’ll need to provide an approximate date when you first noticed your symptoms.

Once you’ve reported your injury, you will have to file a workers’ compensation claim, as well. Don’t miss the filing deadlines in your state. You are well-advised to hire a workers’ compensation injury lawyer to help you with this process and work to maximize your monetary compensation. Contact a work injury lawyer in Fort Lauderdale right away to schedule a consultation.

Thanks to the Law Offices of Franks, Koenig & Neuwelt for their insight into workers compensation and claims for Carpal Tunnel Syndrome.

What is the difference between a wrongful death lawsuit and a survival action?

Wrongful Death Lawyer

Though a wrongful death lawsuit and a survival action have several aspects in common, they are two different legal actions. If a loved one of yours was killed in an event that was otherwise avoidable but the negligence of an individual or company played a part in causing it, you may have legal grounds for filing a wrongful death lawsuit against the at-fault party. Talk to a wrongful death lawyer, like a wrongful death lawyer in Houston, TX, to learn what legal options are available to you as the survivor of the deceased. Though a successful wrongful death lawsuit will not make up for the loss of your loved one, it may result in a settlement that will enable your family to pay outstanding and paid bills related to their death. If you were financially dependent on your loved one, a settlement might also include the money you would have received until your loved one reached retirement age.

What is a wrongful death lawsuit?
A wrongful death lawsuit is filed on behalf of the decedent’s estate. If it is successful, the liable party must pay the estate compensation which will be awarded to the deceased’s beneficiaries. It is the estate that pursues the lawsuit.

What is a survival action?
Survival laws make it possible for a court to award the estate compensation equal to what the decedent would have earned from the time they were injured until they passed from the injury. Survival laws also enable the plaintiff to seek compensation for the decedent’s pain and suffering related to their fatal injury.

Who is eligible to file a wrongful death lawsuit?
The plaintiffs are usually the decedent’s closest family member or members. Typically it is the surviving spouse or children. They must be the personal representative of the estate, otherwise known as the executor. If there is any dispute about who will be the representative, the probate court judge will rule on the matter and designate an individual.

Who is eligible to file the survival action?
The estate of the decedent is eligible to file the survival action. This is because a survival action is considered to be similar to a personal injury claim that may be filed by someone living. The amount of compensation the estate receives for survival damages will be less the amount awarded to the estate in a wrongful death lawsuit. 

Call Today for a Consultation with a Wrongful Death Lawyer
Civil court actions such as wrongful death lawsuits as well as estate law can be confusing. In the emotional aftermath of losing a loved one, the legalities may make even less sense. To learn what legal options are available to you and your family, contact a wrongful death lawyer to schedule a consultation with a seasoned wrongful death lawyer who can address your questions and concerns.

 

Thanks to John K. Zaid & Associates for their insight into the difference between a wrongful death lawsuit and a survival action. 

Frequently Asked Questions: Temporary Child Custody Orders During Divorce

Family Lawyer

The divorce process can take some time. When it comes to matters involving child custody, it doesn’t always make sense to wait until a resolution is reached to start implementing your child custody agreement. In some cases, it may even be challenging to sort out the details right away, especially when two people are in disagreement over how they will share custody of their children. Children can’t always wait for parents to sort out the details, which is where child custody orders come into play. You may need a child custody lawyer to help you negotiate agreements and help you to advocate for your needs. The following are answers to frequently asked questions regarding temporary child custody orders during divorce. 

What is a temporary child custody order?

Child custody issues can be litigious. You and your soon to be ex may have difficulty working out long term agreements. Children can’t wait. They need to know where they will be living and how their time will be shared, especially amidst the significant changes they will be facing when their parents are splitting up. Permanent agreements can be drawn out. Because of this, temporary agreements help establish a plan while a more long term agreement can be made. 

If my soon to be ex and I are having difficulty reaching an agreement, what will happen?

While some couples are able to reach agreements together on their own, you may need additional help to reach a temporary custody agreement. Your lawyer can help you by petitioning the court to establish temporary custody. When this occurs, the court will make decisions regarding temporary custody orders that are based upon the best interest of the child. 

When will a formal child custody agreement take effect?

Once a formal child custody agreement is reached, it will take the place of the temporary agreement that was once in place. Often, this may occur as your divorce reaches a resolution. However, it’s important to be aware that a child custody agreement can always be subject to change, especially as the needs of your child change over the years. 

Are there times aside from divorce that a temporary child custody order may take effect?

While temporary child custody orders may be granted while couples go through the divorce process, they can also take effect for other reasons. Examples of reasons one party may request a temporary child custody order include:

  • Military Deployment
  • Illness
  • The Child is at Risk

Before making any changes, it’s always in your best interest to speak to a child custody lawyer for their counsel. With their help, they can review your situation and ensure that you are making a decision that is in the best interest of both you and your children. 

Child custody matters are perhaps one of the most essential components to the divorce process. Your children are the most important people in your life. Make sure that you are able to reach an agreement with your ex that is fair and in your children’s best interest. For the help you deserve, contact a child custody lawyer from Plano, TX, as soon as possible. 

 


 

Thank you to the experts at Scroggins Law Group, PLLC., for their input into family law.

How Do I File a Personal Injury Lawsuit?

If you’ve been seriously injured in a car accident or in a mishap while away from home, you might be worried about how you’re going to pay your bills or fill your gas tank while you recover from your injuries.

The battle with insurance companies can be even more frustrating, since many work hard to encourage you to take the lowest settlement possible so they can close the books on your case.

It’s important, however, to make sure that if your injury was the result of another person’s negligence that you are properly compensated for your medical bills, lost wages, and pain and suffering, and if that party’s insurance company fails to take responsibility, a personal injury lawsuit may be the only move you have available to you.

If you’re wondering what you need to do in order to file a personal injury case, we’ve got you covered.

Steps to take when filing

While it is possible to file a personal injury lawsuit without an attorney, you are better off with someone who understands the complexities of such cases. The right personal injury lawyer in Delray Beach, FL can help you get the compensation you deserve. Going it alone could leave you with nothing to cover the mounting costs associated with your injuries.

An attorney will review your case and any documentation, then let you know the legal options available to you. When you meet with your attorney for the first time you should have all your records available, including medical bills, accident reports, photographs, witness statements (or witness contact information) and notes you may have taken regarding your injuries and your recovery.

After meeting with an attorney, your next step is to file a claim with the insurance company of the party at fault. With the help of an attorney who will negotiate on your behalf, that insurance company may offer a settlement that adequately covers your expenses. If negotiations fall through and the insurance company refuses to pay a fair settlement, your attorney will file a personal injury lawsuit.

While some states allow less time and others allow more, in general, you have two years to file a personal injury case before the statute of limitations runs out. This time allows you and you attorney to gather evidence to better solidify your case.

After a lawsuit is officially filed, both sides will have an opportunity to examine evidence, which is called the discovery process. Knowing what evidence each side plans to present in court helps strengthen your case. This could include depositions of you, any witnesses, and the party at fault in the incident.

Afterwards, your attorney will again attempt to negotiate a settlement in order to avoid a trial, which is costly and time consuming. It also allows you to collect compensation much sooner than you would if you had to wait for a trial, which can sometimes take years to find a place on the court docket. 

If your case does go to trial, your attorney will use all the evidence gathered to present a solid case on your behalf. If the jury fails to award damages, you can file an appeal. If the jury does award damages, the other side can also appeal, although if your case is strong, the opposing party is likely to accept the verdict and pay the settlement.

How do attorneys get paid?

Attorneys generally work on a contingency fee, so that they are not paid unless you win your case.

If you win, you will not only pay an attorney’s fee, but also court costs including fees for expert witnesses, deposition costs, administrative expenses and other costs associated with your case.

Thanks to Luckman Law, P.A., for their insight into personal injury claims and how to file a claim.

Fractured Bone Injuries

Broken bones are a common type of personal injury, which can occur as the result of slips and falls or due to car accidents involving other motorists, bicyclists, and pedestrians. While painful, the regularity with which they occur often causes victims to underestimate their serious nature. Without proper medical treatment and ongoing follow up care, complications can arise that result in permanent disabilities.

Treatment for Broken Bones
According to the American Academy of Orthopedic Surgeons (AAOS), despite their rigid nature skeletal bones are generally somewhat flexible, and it can take significant force or impact for them to break completely in half. Even when they do, the edges may not line up together, or the brake may run vertically, rather than horizontally. With more severe impacts, the bone may actually splinter or shatter into multiple pieces, making it even more difficult to repair. Depending on the type of injury suffered, treatment for broken bones may include:

  • Functional brace: This allows for some flexibility in the body part, while providing the support bones need to heal.
  • Cast immobilization: A cast may be used to keep the bone sections firmly in place and to prevent them from being jarred by other body movements.
  • Traction: Elevating the injured area and using a steady, pulling action can help to align broken bones together.
  • External fixation: Through a surgical procedure, metal pins and screws are used to stabilize the bone, so it heals evenly.
  • Open reduction and internal fixation: In this procedure, a surgeon either removes or repositions pieces of the broken bone, using metal plates or rods to rebuild it into the proper shape.

Complications of Broken Bones
Whether a broken bone requires a cast or a more intensive surgical procedure, lining the bones together properly and monitoring the fracture regularly is crucial in preventing potentially permanent disabilities. Experts advise that in addition to bone deformities, complications that can result from a broken bone include:

  • Nerve and tissue damage
  • Wound infection
  • Fracture blisters
  • Vascular injuries, which put pressure on arteries and disrupt blood flow
  • Visceral injury due to bone fragments which cause damage to body organs near the fracture site

Other complications depend on where the break occurs and the age or health of the patient. For example, broken ribs can lead to an increased risk of pneumonia, while a broken hip in an older adult can result in a loss of mobility that hastens an overall more rapid decline.

Contact Our Firm for Help
Getting the proper treatment and taking the time you need is crucial in healing from a broken bone. A personal injury lawyer, like a personal injury lawyer in Chicago, IL, can provide the professional legal representation you need to get compensation for ongoing medical expenses, lost wages, and other costs you incur during your recovery. To discuss your case with our skilled personal injury attorneys, call our office and request a consultation today. 

Thank you to the experts at The Law Offices of Konrad Sherinian, for their input into personal injury law. 

Passenger in MVA

Being involved in a motor vehicle accident is not fun for anyone — the individual who is at fault, the other driver, or any passengers. Each party involved is handled differently when concerning any personal injury claims. However, when you are not a driver, the process is less of a headache for many reasons.

Liability
In most motor vehicle accidents, insurance companies are expected to pay out for property damage and any bodily injury caused on a victim. However, insurance companies do not give money to anyone without further investigation, in hopes of finding information that works in their favor. As it pertains to passengers in these cases, liability does not have to be proven, and therefore takes a huge load off of them. Liability is one of the most important things that must be proven when pursuing a personal injury claim, and it is unlikely for a passenger to cause an accident. It is much more likely that one of the drivers will be seen as liable in an accident. 

Filing a Claim
Filing a personal injury claim as a passenger is fairly normal. Typically, the claim is made against the at-fault parties insurance company only, however, in these cases both drivers’ insurance companies may receive a claim.

Seek Medical Treatment
No matter who is the at-fault party, the injured passenger should still seek medical treatment for their injuries. Once treatment is completed, this information will be brought to the insurance companies and a settlement will be negotiated. As a passenger, these negotiations are usually seamless, as it is difficult for an insurance company to deny responsibility to an innocent passenger. In the rare case that the insurance company does not wish to settle due to their belief that the other party’s insured holds more responsibility, your case may actually be taken to trial. At this point, a jury will review the details of the case and determine who is to pay what and to whom.

Contact an Attorney
As a passenger in an automobile accident it is okay to be confused. This is why you should contact an auto accident attorney, like an auto accident attorney in Dekalb County, GA, as soon as possible. Sometimes the at-fault party is the driver whose car you were a passenger in, and it may be difficult to pursue charges against someone you know. Speak with a personal injury attorney to see what legal options are available to you. This way, an attorney can handle the difficult part, while you or your loved ones work towards a full recovery.

Thanks to the law office of Andrew R. Lynch for their insight into what a passenger in a car accident should do if they were injured.