October 24, 2018 In Auto Accident, Civil Litigation, Personal Injury

Trucking Accident near Memphis, TN Causes Severe Injuries

Over this weekend, Erica Baggett and her family were heading to Mississippi from Nashville, TN for a football game when her husband says they were T-boned by an 18-wheeler near the Mississippi-Tennessee border. According to news reports, Ms. Baggett was rushed to Regional One Health in Memphis, TN and is still receiving treatment. Her son and husband were also in the car at the time of the accident, and a GoFundMe has been setup to help the family with rising medical costs as a result of this horrible accident.

What to Do Following a Collision with a Commercial Truck or 18 Wheeler

More than likely, you will require immediate medical attention after a truck accident. This is because most of these collisions involve serious and possibly even life-threatening injuries. After recovering, you should call a trucking accident lawyer Memphis, TN trusts. An attorney from our firm can arrange to meet you in a hospital or at your home. We may help you to file a police report if this has not already been done. If you are the parent, child, spouse, partner, or other immediate family member to a person who was incapacitated or killed in a truck accident, we encourage you to call Patterson Bray immediately. We can help seek recovery against the driver of the truck and his/her company for damages they may have caused, including medical expenses incurred by you.

When to Consult a Memphis Trucking Accident Lawyer

Every year, thousands of people are injured in truck accidents in the United States. While the cause of each of these is different, there are typically similar factors involved–usually, negligence or carelessness. When this holds true, you may be able to seek legal representation to receive monetary compensation. Examples of negligence include:

Failing to signal
Reckless driving
Driving under the influence
Lack of driver training or experience
Speeding
Load violations
Faulty parts
Tire blowout
Broken axle
Brake failure
Improper maintenance on the truck
Poor road or weather conditions

It’s possible that more than one of the aforementioned was involved in your accident; for example, poor weather conditions could have exacerbated the effects of a tire blowout from an overloaded truck. Even if the cause of the accident is not listed above, you should contact a trucking accident lawyer Memphis, TN residents regularly consult for further advice.

What to Do When You Are Contacted By the Other Party’s Insurance Company

Sometime after your accident, you may be contacted by the insurance adjusters of another party. They may be seeking information about the collision or wish to get a statement from you. They might also claim to take responsibility for what happened, and follow up with a settlement offer. As tempting as this will be, it is in your best interest to decline everything. They are not on your side, and will be trying to settle for much less than you deserve, including payment for medical bills incurred by you, lost wages, pain and suffering, etc. At this point, you should seek further advice from a trucking accident lawyer Memphis, TN prefers from Patterson Bray.

For Your Truck Accident Lawyer, Count On Patterson Bray

When you are seeking a law firm who can offer a successful trucking accident lawyer Memphis, TN recommends, there are many to choose from, but there is only one like Patterson Bray. For years, we have been fighting for innocent victims of truck accidents. Guided by our confidence, zealous approach, and determination to get results, we are recognized as a law firm who can offer a skilled trucking accident lawyer in Memphis, TN. To arrange a free consultation with one of our truck accident lawyers, please call 901-372-5003.

August 17, 2018 In Personal Injury

Deadly Shooting at The Cobra in East Nashville, TN

Just this Friday morning, another sad incident occurred at a bar in East Nashville, TN. At approximately 3:30 am, patrons of the Cobra bar in Nashville, TN were shot in the parking lot. Jaime Sarrantonio and Bartley Teal unfortunately lost their lives as a result of this shooting East Nashville, TN and the possible negligence of the bars owners. According to news reports, the two walked to a convenience store to get some snacks. When they returned, they were shot during an apparent robbery. This is just the latest shooting East Nashville, TN to occur recently. Sadly, one of the victims had just turned 33, and this may have been prevented.

NEGLIGENT SECURITY | PUTTING PROFIT BEFORE PEOPLE

Some bars and nightclubs are quiet places where no one ever raises their voice and fights are unheard of, but others unfortunately are hotbeds for arguments and fights night after night. What if you are attacked in a bar or nightclub or what if you accidentally get hit by a fist or a thrown bottle? Who is liable? Is the bar or nightclub liable to you? How does premises liability law cover these situations?

Bar owners must take reasonable steps to prevent guns from entering their establishments. With adequate security measures in place, shootings East Nashville, TN can be prevented. Sadly, when we investigate shooting lawsuits, all too often the property or bar owner negligently ignored their security needs. This results in negligent security cases. The purpose of these shooting lawsuits is to hold the bar accountable for the wrongful injury or death of the shooting victim(s). Although money will not bring the deceased back or make the injured healthy, it sends a message to the negligent owner.

DOES THE VICTIM HAVE A CLAIM AGAINST THE THE COBRA?

Maybe. There are many factors to consider. Tennessee law requires property owners and managers to take reasonable measures to protect guests from foreseeable criminal attacks. Whether the victims or their family will be able to recover against the The Cobra for this shooting East Nashville, TN depends on a number of factors, including how exactly the incident occurred, what security measures the bar provided, and the crime levels for the bar and surrounding area. Each negligent security case is unique. As such, injured individuals and their families need a law firm that regularly handles negligent security cases. Patterson Bray has represented negligent security victims for years and understands victims’ rights.

ARE YOU THE VICTIM OF A NEGLIGENT SECURITY CRIME OR SHOOTING? IF SO, CALL THE NEGLIGENT SECURITY LAWYER NASHVILLE, TN TRUSTS.

We’ve helped other crime victims, and we can help you recover your damages if a bar failed to take reasonable measures to protect against foreseeable criminal attacks. Patterson Bray are a personal injury and wrongful death attorneys Nashville, TN knows and trusts.

If you or your family member is the victim of a serious injury due to crime or negligent security, please call Patterson Bray today at 901-372-5003.

Patterson Bray Attorneys

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 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 10, 2016 In Auto Accident, Civil Litigation, Personal Injury

Should you apologize after a Car Accident? Ask the Personal Injury Lawyer

Some people say “I’m sorry” because they don’t know what else to say in an uncomfortable situation. Others say “I’m sorry” to express sympathy or concern. Some people say “I’m sorry” because they want to apologize for a situation they’ve caused. So, what would a personal injury lawyer tell you about apologizing?

What’s the legal effect of saying you’re sorry?

Suppose you’re in a car accident and it was your fault. Without a doubt, you know the other driver didn’t do anything wrong. You can see that the other car is damaged and the driver appears injured. Should you apologize or admit fault?

Or, what if you’re in an accident but you’re not sure about who was at fault? You can see the other driver is hurt, so like any good Southerner, you go over and instinctively say, “I am soooooo sorry. Are you alright? Do you need an ambulance?” Have you just admitted liability for the car accident?

“I’m Sorry” = Not Admissible to Show Liability

Tennessee Rule of Evidence 409.1 addresses apologies and saying “I’m sorry.” The Rule provides that certain statements and actions reflecting sympathy for an injured person are not admissible at a trial. The Rule is designed to encourage settlements. The underlying theory is that a settlement is more likely if a person is free to express sympathy to the injured person without making a statement that would be considered an admission of liability.

**Statements of Fault are Admissible**

Rule 409.1 only extends to “benevolent gestures” and does not exclude statements of fault. If you are a victim in an accident and someone tells you it was their fault, write down their exact words. This evidence could help your injury lawyer prove liability and can increase your chances of recovering damages. If you tell someone that you were at fault for an accident, then your statement will most likely be admissible as evidence if a lawsuit results.

Moral of the Story

A simple apology can go a long way toward making an injured person feel more comfortable with settling a case rather than filing a lawsuit. People like to receive apologies. Be human. Feel free to say “I’m sorry”, but be careful about statements of fault.

Need a Personal Injury Lawyer?

Call Patterson Bray at (901) 372-5003 or email us here. We have a personal injury lawyer for you. You can also visit our website to learn more about our approach to personal injury work and some of the results we’ve achieved for our clients, with offices in both Memphis and Nashville.

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

Bad Road Conditions- Who is Liable for Car Accident?

bad road conditions, car accident lawyer

Bad Road Conditions- Who is Liable for Car Accident?

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

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

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

Drivers Are Responsible, Even in Icy or Snowy Conditions

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

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

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

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

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

December 30, 2015 In Civil Litigation, Personal Injury

Do I Have a “Slip and Fall” Claim?

slip and fall lawyer in memphis

Do you have a slip and fall claim?

You slipped and fell in a store. You felt embarrassed and hoped no one saw you. All you wanted was to hurry up and get out of there. Once you reach the privacy of your car, though, you realize you are hurting pretty badly. But you’re able to drive home where you try to rest, suck it up, and tough it out. At the urging of a loved one, though, you finally give in and go to the emergency room later that night, or maybe the next day, or a couple days later, because the pain just won’t go away. Once you get to the ER, tests and x-rays show that you have a small fracture or other problem that will require follow-up care. You begin to wonder if the store is at fault, and whether you might have a claim.

This scenario isn’t uncommon. Similar thoughts go through the minds of many people who are injured in slip and fall accidents in Tennessee. To be quite honest, due to the state of the law, it can be difficult to recover for a slip and fall in Tennessee. Sometimes people who are seriously injured in a slip and fall through no fault of their own are simply unable to recover for a variety of reasons. This is why you need a good lawyer on your side as soon as possible after a slip and fall accident.

Elements of a Slip and Fall Claim in Tennessee

slip and fall lawyer To recover in a slip and fall case, in addition to the general elements of negligence, you must prove either that: (1) the condition that caused your fall was created by the property owner; or (2) the property owner had actual or constructive notice that the condition existed before your fall. It is absolutely critical that you prove the condition or object that caused the fall.

Speculation about the cause of an injury is not enough to establish liability. The Tennessee Court of Appeals, in Willis v. McDonald’s Restaurants of Tennessee, Inc., recently granted summary judgment to a McDonald’s restaurant because the plaintiff could only say that she stepped on a hard, sharp object, which caused her to fall. Because she could not identify what specifically caused her to fall, she could not prove that the restaurant either created the condition or knew or should have known about it before she fell. Therefore, McDonald’s won and the jury never even got to hear the plaintiff’s case.

Why do I need a Slip and Fall Attorney?

An attorney can increase your chances of recovery by taking immediate steps to help you gather and preserve evidence that may help you prove your claim. For example, our firm regularly sends out “spoliation letters” notifying property owners of a potential claim against them and demanding that they preserve any and all evidence concerning that claim. Nowadays, many businesses have video surveillance that can sometimes show when and how a dangerous condition was created and how long it existed before an accident.

If you are injured in a slip and fall accident, feel free to call us at 901-372-5003 or email us here. Every case is unique and our personal injury attorneys– Chris Patterson, Erin Shea, and Will Patterson— can help you navigate your particular circumstances.

What should I do if I am involved in a slip and fall?

Determine WHAT caused you to fall and document it. Take a picture or write down the specific details.
Report your accident. Don’t be embarrassed and just leave. Ask for a manager and explain what happened so that your claim is documented. Before you leave, ask for copies of the accident report and other forms created by the business in response to your report. Even if you later decide not to pursue a claim, go ahead and report your accident as soon as it happens.
Ask that any relevant video surveillance be preserved, including footage for the two (2) hour period of time before your fall.
Take photographs or video of the scene. Do not worry about the quality.
Take note of whether there are any warning signs or barricades in the area of your injury.
Write down the contact information for any witnesses. Other customers can sometimes be helpful. Write down the names of the employees in the area and of those who help you.
Take photos of your injuries.
Seek medical attention as needed.

Click here to see other Frequently Asked Questions and Answers about injury claims.

December 22, 2015 In Auto Accident, Civil Litigation, Personal Injury

Medical Care After a Car Wreck

car wreck medical care, personal injury lawyer memphis

Been in an Accident? Next Steps for Your Medical Care.

We have clients who have been involved in an accident, whether a car wreck, slip and fall, dog bite, or other injury, and they often ask what they should do about medical care, and whether it will hurt or help their court case. Our answer is always the same: you and your healthcare providers should make your medical care decisions based purely on what’s best for your health. No claim or lawsuit should ever affect your medical care decision-making.

Many also have questions about what to do immediately after an accident. Here are some frequently asked questions and our typical responses. However, remember that each case is unique, and our lawyers can help you navigate your individual circumstances. Call us today at (901) 372-5003.

Should I seek immediate treatment for injuries after a car wreck?

Yes. It is best to seek prompt medical care so that your injuries can be properly evaluated by trained medical personnel. According to DMV.org, it’s important to understand that you may have an injury, even if you aren’t totally sure. Many insurance adjusters will hold delays in medical treatment against you, even assuming you were merely trying to do the right thing by taking a conservative, wait-and-see approach.

What if I’m concerned about the cost of medical care?

If you were injured in a car wreck, you may (and should) rely on your health insurance to cover your treatment. If not, but you have automobile insurance, your policy probably contains Medical Payment Coverage up to a certain amount, and so you may be able to recover some of your medical expenses from your own insurance company. Depending on what happened to you and whether someone else is responsible, you may be also able to recover your medical expenses from someone else’s liability insurance company.

What else should I do after an accident if I think I might have a claim?

If you are able, get the contact information of any eyewitnesses. Get a copy of the Police Report. Take photos of your injuries. If you’ve been in a car accident, take photos of your car and the scene, if possible. If you are involved in a slip and fall or some other type of accident, take photos of the scene of the accident and its condition at the time of your injury. Keep a list of the medical providers you see, and the limitations and pain you suffer. Claims and lawsuits can sometimes take months to resolve, and you will be surprised at how memories fade. Make a list of any prescription medications or other medicines that you have to take because of the accident, and keep records of the costs. Document any other expenses you incur because of the accident.

What if I have to miss work?

You may be entitled to recover for lost wages. Obtain written documentation from your employer of the days, hours, and wages you missed because of the accident.

Frequently Asked Questions

You can find answers to more Frequently Asked Questions on our website by clicking here.

Patterson Bray PLLC

8001 Centerview Parkway, Suite 103

Memphis, Tennessee 38018

(901) 372-5003 Office

www.pattersonbray.com

January 1, 2010 In Medical Malpractice, Personal Injury, Uncategorized

Watch Out for Pharmacy Errors – It Could Save Your Life!

pharmacy error lawyer memphis

Recognize Pharmacy Errors

Most pharmacists do a wonderful job. However, preventable mistakes and pharmacy errors do sometimes occur.

In just the past few years, we’ve represented 2 different plaintiffs in cases involving 2 separate national chain pharmacies that mistakenly dispensed the wrong medication. And unfortunately, it had serious consequences in those couple of instances — so bad, in fact, that we ended up settling those cases for amounts exceeding six figures.

The best course of action for you is not to be a plaintiff in the first place. Resolve to be a responsible partner in your own healthcare. Communicate with your pharmacist and other healthcare providers. Ask questions and stay vigilant about your medications. Know what they are supposed to look like, and what your dosage is supposed to be.

It could save your life.

Need a Lawyer?

Call us at 901-372-5003 or email us here.

Patterson Bray PLLC

8001 Centerview Parkway, Suite 103

Memphis, Tennessee 38018

(901) 372-5003 Office