February 1, 2017 In Auto Accident, Civil Litigation, Medical Malpractice, Personal Injury

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

Tips for Personal Injury Victims From Patterson Bray

It 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 Patterson Bray put together the following social media tips for personal injury victims.

Personal Injury Social Media Tips

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

July 26, 2016 In Auto Accident

How to Talk to Your Insurance Company After an Accident

insurance company after car accident

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

After 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.

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.

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.

July 25, 2016 In Personal Injury

Injuries to Trespassing Children

injuries trespassing children, personal injury lawyer

Attractive Nuisance Doctrine

In 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.

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 Patterson Bray 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.

April 6, 2016 In Auto Accident, Civil Litigation, Personal Injury

Why You Don’t Hear About Liability Insurance in a Jury Trial

memphis injury lawyer jury trial

Why You Don’t Hear About Liability Insurance in a Jury Trial

Did you know that during most Tennessee state court jury trials, you will never hear the word “insurance?” That’s because 99% of the time, evidence of liability insurance is not admissible under the Tennessee Rules of Evidence.

Tennessee Rule of Evidence 411 provides that:

Evidence that a person was or was not insured against liability is not admissible upon issues of negligence or other wrongful conduct. This rule does not require the exclusion of evidence of insurance against liability when offered for another purpose, such as proof of agency, ownership, or control, or bias or prejudice of a witness.

Rationale

Rule 411 is based on the notion that disputes should be resolved based on the conduct of the people involved, not based on whether they have insurance.

Insurance Jury Instruction

Not everyone has insurance. Some people have some insurance, but not enough. Sometimes a person will have purchased an insurance policy only to find out that it won’t apply to pay damages in certain kinds of lawsuits. Sometimes the Judge will issue a jury instruction in Tennessee to help guard against improper consideration of insurance. When the instruction is used, the Judge tells the jury that:

[W]hether or not insurance exists has no bearing upon any issue in this case. You may not discuss insurance or speculate about insurance based on your general knowledge. There are sound reasons for this rule. A party is no more or less likely to be negligent because a party does or does not have insurance. Injuries and damages, if any, are not increased or decreased because a party does or does not have insurance.

Tennessee Pattern Jury Instruction – Civil 1.05.

Insurance Information Is Still Useful

Just because we can’t use evidence of insurance in jury trials doesn’t mean we can’t make good use of the information. Knowing whether parties are insured, and to what extent, helps us develop an efficient strategy for resolving a dispute, and it helps us give sound advice to our clients who are wondering if they should settle a claim or file a lawsuit.

Need help settling a claim with a liability insurance carrier?

We can help you. Patterson Bray has offices in Memphis and Nashville Tennessee. Call us at 901-372-5003 or email us here.

March 14, 2016 In Business Litigation, Civil Litigation, Contracts

Insurance Company Bad Faith? Ask the Insurance Lawyer

bad faith insurance lawyer

What You Need to Know about Insurance Company Claims

The overwhelming majority of insurance claims are fairly handled and paid without complication. But, some are not. While there are a number of reasons why an insurance claim might be denied or why you might not get paid what you think you are owed, one thing is certain in Tennessee: An insurance company must handle your claim in good faith. If you think your insurer is acting in bad faith, consult with an insurance lawyer.

Tennessee Bad Faith Statute

If an insurance company does not act in good faith in handling an insurance claim, then it may be subject to bad faith penalty damages. Tennessee Code Annotated 56-7-105 says that if an insurance company’s refusal to pay a claim was not in good faith, then then the company may be liable for up to 25% of the loss amount, measured by the additional expenses incurred by the policyholder. So, if your loss is $100,000, you could recover up to an additional $25,000 if the insurance company didn’t act in good faith.

What is Bad Faith? What is Good Faith?

Every case is unique and it depends on the circumstances. That’s why you need to consult with an insurance lawyer. As a general matter, it is difficult to prove that an insurance company’s denial of a claim was not in good faith. The policyholder has the burden of proving bad faith and the following principles in Tennessee case law favor the insurance companies:

Delay in settling a claim does not constitute bad faith when there is a genuine dispute as to value, no conscious indifference to the claim, and no proof that the insurer acted from any improper motive.

If an insurance company unsuccessfully asserts a defense and the defense was made in good faith, the statute does not permit the imposing of the bad faith penalty. So, even if the insurance company loses or was wrong, it doesn’t necessarily mean that the company acted in bad faith.

Before joining Patterson Bray, I worked for almost ten (10) years at an insurance defense law firm representing insurance companies. I cannot recall a single time that I was not successful in eliminating the bad faith portion of a lawsuit before the case made it to trial. I would add that, in most cases, the bad faith claim was simply thrown into the lawsuit, as if an afterthought. I say these things to stress that it’s an unusual case when the bad faith penalty is actually applicable, but that does not mean you don’t have a claim for bad faith. Ask an insurance lawyer to be sure.

Unfair Claims Settlement Act

Tennessee also has what is referred to as the Tennessee Unfair Trade Practices and Unfair Claims Settlement Act. While the Act does not create a private right of action, it does create standards and rules that insurance companies must follow when handling claims. The Act provides at least some level of guidance concerning activities that might be considered to evidence bad faith.

What to Do if You Suspect Bad Faith by Your Insurance Company

Read your insurance policy. Make sure that you are in compliance with the “Duties After Loss” section.
Keep good and organized records.
Ensure that all of your communications to the insurer are kind and courteous and that they exhibit cooperation.
Keep a timeline of relevant communications and events that support an allegation of bad faith.
Get an insurance lawyer involved sooner rather than later. Insurance policies are full of deadlines and there are specific procedures that are important in preserving a claim of statutory bad faith against an insurer.

Need an Insurance Lawyer? We can help.

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

Visit our website to learn more. Our Memphis office is conveniently located at 8001 Centerview Parkway, Suite 103 Memphis, TN 38018, near the intersection of Walnut Grove and Germantown Parkway. We accept cases throughout Tennessee and Mississippi, including Memphis, Bartlett, Cordova, and Germantown.

February 4, 2016 In Business Litigation, Civil Litigation, Contracts, General

Insurance Claim Deadlines May be Shorter Than You Think

insurance-deadline - contact memphis insurance lawyer Suppose your insurance company denies your claim – whether for a fire loss, water damage, theft, or storm damage. How long do you have to file a lawsuit against the insurance company? Well, it may not be as long as you think, so be careful! The best thing you can do to make sure you preserve your insurance claim case is to consult with an insurance lawyer as soon as possible.

Insurance Policies Can Shorten Time for Filing Suit

While an insurance policy is a contract, and the “regular” deadline (a/k/a the statute of limitation) on contract claims in Tennessee is usually 6 years, your homeowners policy almost certainly has a much shorter “contractual statute of limitations” provision hidden in the fine print. In most cases, that shorter contractual deadline is only 1 year, and sometimes even shorter.

Immunity and Loss Settlement Periods in an Insurance Policy

An insurance policy usually provides for a period of immunity, or loss settlement period, during which you can’t sue the insurance company. This is to give the company time to investigate your claim before having to respond to it. Many policies provide for 45-60 day periods. In some cases, the immunity period may expire before they actually finish investigating your claim, or before you receive a payment or denial. Because of this, Tennessee case law provides that your time to file suit begins to run following the “accrual of the cause of action” against your insurance company.

What does “accrual of the cause of action” mean?

The “accrual of the cause of action” against the insurance company occurs – and thus the clock starts ticking on your deadline – when the immunity period expires, or when the insurance company denies your claim, whichever comes first.

In some cases, depending on what the policy says, an insurance company’s immunity period may be extended if it continues to actively investigate a claim and request information beyond the time stated in the policy. It is critical that you consult with an insurance attorney to determine the applicable deadlines in your insurance claim case.

Important Dates in an Insurance Claim

If you have an insurance claim, keep all of your claim-related papers in one place. Look at your policy and figure out the loss settlement period. If you don’t have a copy of your policy, ask for one. Keep any letters or emails you send to or receive from the insurance company. Record, be aware of, and keep up with the following dates:

Date of loss
Dates of claim payments
Dates of correspondence or phone conversations with the insurance company
Date of Denial

Don’t Wait Too Late to Involve an Insurance Lawyer

Determining insurance claim deadlines can be complicated, confusing, and depends on a number of factors. The insurance company understands how these time frames and deadlines work, and because adjusting insurance claims and reading insurance policies probably isn’t what you do for a living, you are at a disadvantage, especially in a complex or large loss insurance claim.

Call us sooner rather than later if you feel like your homeowners insurance claim is not being handled or paid properly.

Insurance policy language is confusing and it doesn’t always mean what it sounds like.
Your insurance adjuster is not your advocate.
We know insurance law. We will apply insurance policy language to your advantage.
We understand how insurance deadlines work.
You’ve paid your premiums for all of these years. Don’t lose out on a technicality.

Let us help you with your insurance claim case. Call Patterson Bray at 901-372-5003. We have offices in Memphis and Nashville. Don’t wait too late and lose your legal right to recover.

August 13, 2012 In Business Litigation, Civil Litigation, Estate Planning, General

Legal Problem Solving: Does Your Lawyer Merely Work the Problem? Or Solve the Problem?

Let’s discuss legal problem solving. Does your lawyer merely work the problem, or solve the problem? There’s a difference, you know.

A cookie-cutter response vs. a creative solution
Reaction vs. a plan of action
“Winning” the lawsuit vs. avoiding the lawsuit
Churning legal fees vs. finding a cost-effective solution up front

I saw a blog post once detailing a masterful stroke of legal genius by the lawyers for Jack Daniels, and wanted to share it. It’s a prime example of the type of culture and approach we cultivate at Patterson Bray– solving the problem vs. merely working the problem.

Legal Problem Solving at Patterson Bray

Our clients don’t just want legal answers. They want solutions. So at every stage our goal is to focus on the following question to the client:

“What do you ultimately want to accomplish?”

Sometimes that means we have to act not just as legal advisors, but also legal counselors – asking questions, raising issues the client may not have considered, and then sometimes even gently prodding and steering clients to think beyond their immediate short-term emotions and goals.

In virtually every case, our clients appreciate our focus on long-term solutions. That might mean, for example, our client accepting a short-term loss in exchange for saving a relationship with a customer and securing new business, renegotiating as opposed to litigating a contract, and realizing that the cost of vindication might sometimes outweigh the perceived benefits. Many clients have even remarked how unusual it is that a lawyer would suggest an option that they weren’t even aware of, and that would generate less in billed fees for the lawyer.

But, then again, that’s how we internally answer the very same question we put to our clients:

“What do WE ultimately want to accomplish?”

We want to uniquely serve the best interests of our clients so that they ultimately come back. And refer their peers, colleagues, friends, and family.

And they do. And we’re confident you will, too.

August 19, 2011 In Auto Accident, Civil Litigation, Personal Injury

What is uninsured motorist coverage, and how much do I need?

Under Tennessee law, a driver is required to maintain liability insurance to cover any damages that the driver might cause in a car wreck or related accident. That way, innocent victims are protected. Unfortunately, though, the minimum legal limit required under Tennessee law for liability coverage is only $25,000 — which is extremely low. A car wreck can easily exhaust $25,000 in coverage. And, of course, many drivers choose to violate the law by not carrying any auto insurance at all. We see it all the time here in Memphis. This is why you need uninsured motorist coverage or “UM” coverage.

What happens if I get hit by a driver with little or no liability insurance?

This is where your own uninsured motorist coverage or underinsured motorist coverage would kick in to protect you.

In insurance lingo, uninsured/underinsured motorist coverage is typically referred to as “UM coverage.” UM coverage is included as part of your own liability policy, and it is usually the same amount as your liability coverage. So, if you have $50,000 in liability coverage, then you also have $50,000 in UM coverage. The UM component of your policy essentially makes up the difference for any deficiency in the liability coverage of the negligent driver.

But there’s a catch: UM coverage is only available to the extent your own policy limit is greater than the policy limit of the negligent driver in the auto accident.

Examples of How Uninsured Motorist Coverage Works

Example 1: Our client suffered spinal injuries and a broken pelvis in a car crash requiring significant surgeries and medical treatment. The negligent driver only had $50,000 in insurance coverage, but fortunately, our client carried $250,000 coverage of her own. We were therefore able to negotiate a total settlement of $250,000 (the first $50,000 from negligent party’s insurance company and the remaining $200,000 from our client’s own insurance company).

Example 2: Our client was partially paralyzed in a car crash. Unfortunately, the negligent driver only had $25,000 in liability insurance coverage, and the client only had $50,000 herself. As a result, the client was only able to recover a total of $50,000 ($25,000 from negligent party’s insurance company plus an additional $25,000 from her own insurance company). The negligent driver had no assets to pursue.

Review your insurance policy today and check your coverage.

The examples above highlight a very important LESSON. While it may be tempting when buying your own insurance to choose the cheaper option of low liability limits, you must remember that you are not just choosing liability protection for others, or making a risk calculation about whether you think you are a safe driver who may never cause an accident or need liability coverage. Indeed, when choosing your coverage limits, you are — in effect — also choosing the insurance limits that will cover your own family if a potential UM coverage situation occurs where an uninsured driver negligently crashes into you or another member of your family. In other words, low liability limits may seem like a bargain until someone with little or no insurance causes a catastrophic injury to you or someone in your family. Often, the marginal price for an increase in coverage is quite minimal. And well worth it!

If you need a car accident lawyer

If you’ve been in a car crash, even relatively minor injuries can be overwhelming. Medical treatment can be expensive, and injuries often result in lost wages. We would be honored to review your case free of charge. Please either submit an online request for a Free Case Review, or call to speak with one of our car accident lawyers at 901-372-5003.

May 25, 2010 In Business Litigation, Civil Litigation, Contracts

What’s a Public Adjuster? Ask the Insurance Lawyer

memphis insurance lawyer Have you ever heard of a public adjuster? Most people have not. When you file a claim with your homeowner’s insurance carrier, the company assigns an employee–called an “adjuster”– to investigate and handle the claim. The adjuster’s duties might include, among other things, to visit the damage site, to take photos, to hire and analyze data from cause and origin investigators, to parse what part of your damage is covered vs. what is not covered, and to coordinate with damage estimators and/or potential contractors.

At some point, the adjuster will arrive at some plan of action to ultimately resolve your claim. This could range from supervising re-construction or repair, to simply giving you a check and letting you oversee your own repairs.

What if you disagree with the insurance company adjuster?

But what happens when you disagree with the adjuster? What if you believe the amount you’re being offered is a low-ball offer, is based on estimates from contractors who you think aren’t “up to snuff” so to speak, or is based on a scope of repair that you don’t believe fully remedies your problem?

What do you do?

Well, you can always call a lawyer. That’s a given. However, you might be better served to first consider a less “nuclear option” than going legal. Indeed, you might first consider utilizing the services of a public adjuster.

What is a Public Adjuster?

A public adjuster is a licensed professional who works exclusively for the public as a counterweight to the in-house adjuster who is employed by your insurance company.

Need an Insurance Lawyer?

If you have an insurance claim that you’ve been unable to resolve, call us at (901) 372-5003 or email us here. Do not delay. There are deadlines in insurance policies that you don’t want to miss. Visit out website to learn more about us.