How Do You Know if You Have a Personal Injury Case?

Personal Injury Lawyer

If you’ve been injured in an accident, you might be wondering if you have a personal injury claim. Not all accidents rise to the legal requirements of a personal injury claim. It depends on the situation and the laws in your state. Here are some things to keep in mind.

What Is Required For a Personal Injury Claim? 

To receive monetary compensation in a personal injury case, you’ll need show three different things:

  1. You have to show that the responsible party was careless or negligent. For example, in a driving accident, this could be driving under the influence or running a stop sign and causing an accident.
  2. You have to show that the negligence led to harm. Essentially, this means that the accident was caused by the negligence of the other person. In the above example, the driver ran the stop sign and ran into your car, which caused the accident.
  3. You have to show that your injuries are compensable, which is a fancy way of saying that you lost money because of the accident. If your injuries were mild, you wouldn’t have a strong claim.

Proving Fault Can Be Difficult 

Most personal injury cases revolve around who was at fault for the accident. If you file a claim, you are responsible to prove that the other party was at fault. It gets even more complicated in states that use comparative or contributory negligence laws. In comparative negligence, you may be partially to blame for the accident or damages. For example, if you weren’t wearing your seatbelt, the defendant could argue that they shouldn’t have to pay for all your injuries. In states with contributory negligence laws, if you play any part in the cause of the accident, you can’t sue for damages. A personal injury lawyer who understands the type of case you’re dealing with can help you sort through the laws in your state to take the right steps.

Don’t Discount Your Case Based on Laymen’s Knowledge 

Your neighbor or best friend who isn’t a lawyer should not be advising you about your chances of getting a settlement. You should always go to a lawyer to get a full assessment of your personal injury claim. The law is complex. There are a lot of exceptions that could apply to your case. To find out if you have a case, contact a personal injury lawyer, like the office of The Law Firm of Frederick J. Brynn, P.C.

Why You Should Hire a Personal Injury Attorney

Personal Injury Lawyer

While recovering from your injuries, have you considered filing a claim against the liable insurer? Do you plan on reaching out to an attorney? Too many people mistakenly think that a personal injury claim is easy and can be handled without the additional expense of an attorney, but that is not exactly accurate. Lawyers help ensure that you get a fair judgment or settlement. However, there are several other reasons to hire a lawyer.

  1. No Money UpFront

Most personal injury lawyers work on contingency, which means that you do not pay them anything upfront. A contingency agreement also means that the only way you have to pay for attorney fees is if you win your claim. Unfortunately, while the payment arrangement is lovely, keep in mind that attorney fees range from 30 to 40%, depending on the difficulty of the claim.

  1. Protection Against Unfair Allegations

There is a fairly standard rule when it comes to lawsuits: say nothing. Insurance companies will send adjusters to your home, and sometimes your hospital room to talk to you about your claim. Most of these representatives will seem friendly-enough, but they will most likely ask to record your conversation. Insurance agents do not care about your injuries or recovery. They are only out to protect the interests of their employer. Hiring an attorney can protect you from these shady meetings because you can just explain that the representative can talk to your attorney. Your lawyer knows how to phrase answers to protect your interests and claim.

  1. Help Finding and Getting Treatment

Your attorney is more than a legal professional; they are your advocate. Sometimes it is difficult to find or afford the treatments necessary for your recovery. Most personal injury attorneys have relationships with hospitals and medical professionals, allowing them to negotiate on your behalf. Also, if you are struggling financially, your attorney can make arrangements for recovery expenses to come out of your settlement.

  1. Greater Odds

If your objective is to receive the most money possible through your claim, then hiring an attorney is the only way to go. A lawyer dramatically increases your odds of a successful filing. Also, an attorney will more than likely be able to reach a settlement agreement, avoiding the lengthy and costly court process.

While you may be tempted to file your personal injury claim without legal representation, consider the benefits and advantages of hiring a professional. To find out how to pursue your injury case, consult with a personal injury lawyer, like the offices of The Law Offices of Konrad Sherinian, LLC as soon as possible.

The 27th Edition of The Best Lawyers in America© Recognizes Attorneys Chris Patterson and Austin Rainey

Wiseman Bray PLLC is pleased to announce that attorneys Chris Patterson and Austin Rainey were recently selected by their peers for inclusion in the 27th Edition of The Best Lawyers in America©.

shooting victim attorneyChris Patterson was recognized for his high caliber of work in the practice areas of Commercial Litigation and Municipal Law.

 

 

AUSTIN T. RAINEYAustin Rainey was recognized for his high caliber of work in the practice area of Personal Injury Litigation – Plaintiffs.

 

 

For more than three decades, Best Lawyers has been regarded – by both lawyers and the public – as the most credible measure of legal integrity and distinction in the United States. As such, Chris and Austin’s recognition by Best Lawyers symbolizes excellence in practice.

Inclusion in Best Lawyers is based on a rigorous peer-review survey comprising more than 9.4 million confidential evaluations by top attorneys. Best Lawyers’ founding principle remains unchanged and forms the basis of their methodology: The best lawyers know who the best lawyers are, and attorneys do not pay to participate or be recognized. Best Lawyers lists are published in top-tier business and legal publications such as The Washington Post, The Wall Street Journal, and The New York Times.

For more information, check out the Best Lawyers website, and Mr. Austin Rainey’s profile.

When Could a College Be Liable if a Student Is Murdered?

Personal Injury Lawyer

Colleges around the world work diligently to provide a positive learning experience for students. These institutions should also emphasize safety and ensure that everyone can pursue their studies without worrying about their well-being. Unfortunately, tragedies can strike on campuses, resulting in terrible crimes such as murder. While the fault of many of these incidents rest solely on the shoulders of the perpetrator, there could be times when the school is held liable. If a loved one was killed on a college campus, you may wonder whether to pursue a wrongful death suit against the school.

Security Lapses

In a campus murder, attorneys in a wrongful death case may start by examining what type of security the school had. Many colleges have their own police forces, while others rely on private security. Some colleges use both. A college murder case may at least partially be due to a lack of security measures to prevent the incident. For example, lawyers may find that the campus has an insufficient number of officers. Or, an attorney may deem that the officers were not properly trained to provide a safe environment. Another issue could be that campus police or security failed to follow up on leads or warnings that could have prevented the crime.

Ignoring the Signs

A campus may be liable for a student murder if administrators and other leaders failed to seriously investigate claims of threats or violence. The victim may have previously complained to an instructor or to other authorities on campus about other students or people in the area. The murdered student may have spoken about fearing for his or her life. If these cries went unheard, a lawyer may find that the school was negligent. Another example could be if the murdered student had complained that a fellow student was threatening him or her but the school failed to speak to the alleged perpetrator. Or, perhaps the school knew about a student who had a criminal record or who had a violent history but did nothing in response.

Lack of Resources 

Campuses should have safety measures should as panic call boxes, plenty of lighting along paths and student organizations to protect and comfort students. If these measures don’t exist, and the school knows they should but did not act, a wrongful death suit could be warranted.

Review these issues with a personal injury lawyer, like from Darrell Castle & Associates, today. Find some peace of mind in the wake of your loved one’s murder.

Personal Injury Cases

Personal Injury Lawyer

Being involved in any type of accident can be very traumatized and life changing. In most cases, individuals can pursue a personal injury claim against the person at fault for any injuries incurred due to an accident. To do so, there are a few things that need to be done to prove that you indeed have a case against an at fault party. If you or someone you know has suffered an injury due to the negligence of someone else speak with a personal injury attorney, like a personal injury attorney in Dekalb County, GA from Andrew R. Lynch, P.C., as soon as possible.

It is sometimes exceedingly difficult to prove that injuries were sustained due to another person. There are several other parties involved that can either agree with yours and those are not the story or that have a completely different version. Insurance adjusters for example. Insurance adjusters investigate the claim made by the injured individual. Unfortunately, insurance companies do not like to pay out monies, they prefer to collect.  Having injuries is what builds the case. Injuries Can vary from physical to emotional. And none of these injuries should be because of you. Insurance companies will try to find any to be responsible for damages caused to you.

Do you not let insurance companies deter you from pursuing a claim. Therefore, it is important for you to speak with a skilled attorney in your area. Not every case goes to trial, by speaking with a skilled attorney you Will learn what works in your favor and what does not. 

Your attorney will let you know what you need to Do for the best outcome. If there is an injury you should seek medical attention. By having a record of injury this will show the accident some sort of suffering. Having medical records also means you have medical bills. Medical bills Will aid you in Calculating what is owed to you or your loved one. 

Suffering from A personal injury is a lot. You do not have to go through it alone. If you know someone that has suffered an injury in any regard and in any situation, this means beyond a motor vehicle accident, contact a personal injury attorney in your area as soon as possible. wow you are my loved one focuses on healing the personal injury attorney will do the work to ensure that you are compensated for your pain and suffering. Speak with an attorney as soon as you can.

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.

Bounce Back With Caution After Bankruptcy

Personal Injury Lawyer

One of the biggest fears that people have when considering bankruptcy is their credit score. Will they ever be able to build their credit again? Is it better to keep the debt and pay it off than to file bankruptcy? In a lot of cases, bankruptcy is the better option. This is especially true if your debts are too high that you will not be able to pay them off within the next five years. If you decide to file bankruptcy, don’t worry, you can still rebuild your credit! You just want to stay careful through the process.

Remember Why You Filed Bankruptcy

Once you file bankruptcy, after it’s over, it is easy to forget the amount of stress that you were in before you filed. You do not want to go out and get a credit card right away. In a lot of cases, you cannot receive one right away and if you do receive offers as soon as you are finished with the case, these are going to be credit cards with high interest rates. You want to be careful about the credit cards that you choose. You do not want to end up in the same position that you were to begin with. Only apply for cards that you can afford and make sure that you always have money to pay off the balance.

Consider a Secured Credit Card

Secured credit cards are a lot like unsecured credit cards. They work the same. The big difference is that you have to pay a refundable security deposit. The deposit that you pay will serve as your credit limit. This provides your card issuer with collateral. You can then use the credit card like you do any other credit card and make your monthly payments. The best part about these cards is that they have a lower interest rate and so you can use them without fear of being unable to pay them off.

When it comes to bankruptcy, you can always build your credit again. This is a tool that can help you alleviate some of your debt, but it does not have to ruin your credit forever. You will bounce back! It is important that before you rebuild your credit that you take care and practice caution so that you do not end up with overwhelming debts again. To find out more about bankruptcy and what to expect after you file, consult with a bankruptcy lawyer, like a bankruptcy lawyer in Memphis, TN, today.

 


 

Thank you to the experts at Darrell Castle & Associates for their input into bankruptcy law. 

Wrongful Death Claims: Can You File a Lawsuit for Wrongful Death?

Personal Injury Lawyer

When you lose a family member because of someone’s negligence, it is tragic. When you lose someone due to another person’s actions, you may be able to file a civil lawsuit. Wrongful death lawsuits are a vehicle for loved ones to receive compensation. Here is your guide to who is allowed to file a wrongful death claim.

Who Can File a Wrongful Death Suit?

Every state has its own laws that dictate who can file a wrongful death lawsuit. This is why it is crucial to find out your state’s laws. In many states, it is a family member who suffered damages with the death of a loved one. Damages include:

  • Medical bills
  • Loss of income
  • Pain and suffering
  • Loss of companionship

In many states, the family member has to be a spouse, child, or parent of the deceased person. In other states, the only person who can file a wrongful death suit is the personal representative. This is a person chosen on the behalf of the decedent’s estate and for the benefit of surviving family members.

In some cases, a state may give categories to family members. For instance, there are family members that may receive priority over others when it comes to who can file the lawsuit. If you are unsure of the priority, you can always contact a wrongful death lawyer.

Can You File a Wrongful Death Suit?

If you are a surviving family member who can legally file suit under your state’s laws, then the answer is yes. If you are unsure if you have the right to file suit, talk to a wrongful death attorney. An experienced lawyer will know who can and cannot file a wrongful death suit. If it turns out that you are not able to, then he or she can point you in the direction of the person or family member that may be able to. It is important to talk to a lawyer before you file a lawsuit to ensure that you have the right to do so.

A wrongful death lawsuit is always a difficult process. After all, you are already dealing with the death of a loved one, only to have to deal with the court process. To find out that someone else may be responsible for the loss of a family member can be devastating. You don’t have to navigate the case on your own, though. Contact a wrongful death lawyer, like a wrongful death lawyer in Houston, TX, as soon as possible for your own advocate.

 


 

Thanks to John K. Zaid & Associates for their insight into some of the claims you can file during a wrongful death lawsuit. 

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. 

Questions to Ask Your Doctor After a Car Crash?

Personal Injury Lawyer Memphis, TN

If you have been injured in a car accident, you may be unsure of what steps you should take. After all, the whole experience can be stressful and overwhelming, even if you don’t think you have been seriously injured. However, no matter how mild the crash may have seemed, it is important to get to a doctor right away to make sure you do not have any serious injuries that are not showing any symptoms, such as a concussion, internal injuries, or back injuries. Not only will this protect your health but will also protect any car accident claim you may need to file against the other driver.

As a personal injury lawyer Memphis, TN offers who has extensive legal experience, they know there are some questions that victims of crashes should ask their doctors in order to not only recover the way they need to, but also protect your rights. These questions should include the following:

How Bad Are the Injuries?

As mentioned above, it is not uncommon for car accident victims to not realize their injuries are more severe than they think. Make sure to have your doctor document fully his or her diagnosis, along with just how extensive your injuries are. This documentation will be used in your car accident claim.

How Long Will Recovery Take?

While everyone has a different rate of recovery, your doctor should give you some indication on how long it will take you to heal, whether that time is a few days or a few weeks. With more severe injuries, that recover time may be months or even longer. You want to be sure your doctor documents how long they think it will take for your injuries to heal and what types of medical treatments and care you will need while this recover takes place.

Should You Continue to Work While You Are Recovering?

It is often necessary for a car accident victim to need to take some time from work while they are recovering from their injuries. If this is your doctor’s recommendation, make sure they put this information in writing. You will not only need it for your employer, but you will also need it for any car accident claim in order to show that you had loss of income due to being unable to work while recovering. Lost wages and benefits are recoverable damages in a car accident claim.

Do I Need to See a Specialist?

Although you may have complete faith in your doctor, there are many different types of injuries that may require the expertise of a specialist. For example, if you suffered a head injury in the crash, your doctor may want you to see a neurologist. If you suffered any fractured bones and will need surgery, your doctor may want you to see an orthopedic surgeon. You may also need physical or occupational therapy during your recovery time.

Whatever type of referrals your doctor makes, all of these must be in writing in order to have solid evidence to discourage the at-fault party’s insurance company from trying to deny your claim.

Contact Wiseman Bray, PLLC for their insight into personal injury claims and questions to ask your doctor after a car accident.