Who is the best lawyer near me?

best lawyer in memphis

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

 

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

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

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

Right question. Wrong answer.

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

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

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

The right answer?

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

The Other Side is Lying. Can I Sue for Defamation?

defamation, slander, libel, attorney“Can we sue them for defamation?” That is a question we receive very frequently from both Plaintiffs and Defendants we are representing in pending litigation. Typically, the question is a reaction to reading or hearing something alleged in the lawsuit, whether in a complaint, answer, discovery responses, or during courtroom or deposition testimony.  The client asking that question usually feels that his or her integrity is being questioned, is very upset, and wants to know if he or she can “counter-sue.”   In the context of litigation, the answer is no.  Let’s explore why.

What is Defamation?

To win a defamation case, you must prove that:

(1) Someone “published” a statement about you. (“Publication” is a legal term of art meaning the communication of the subject defamatory matter to a third person.)

(2) The publication occurred with knowledge that the statement was false and defaming to you, or with reckless disregard for the truth, or with negligence in failing to ascertain the truth.

(3) Your reputation was injured.  Damages from false or inaccurate statements cannot be presumed. Actual damages must be suffered and proved.

Brown v. Christian Bros. Univ., 428 S.W.3d 38 (Tenn. Ct. App. 2013). A statement is not defamatory just because it is annoying, offensive or embarrassing. Rather, the statement must be a serious threat to your reputation. Defamation includes both libel and slander. Libel is written defamation. Slander is spoken defamation.

But wait . . . there’s the Judicial Proceeding Exception

Statements made in the course of judicial proceedings which are relevant and pertinent to the issues cannot be used as a basis for a libel action for damages. This is true even if the statements are known to be false or even malicious.

The policy behind this rule is the paramount importance of access to the judicial process and the freedom to institute, defend, and participate in a lawsuit without fear of being sued for defamation.  This exception in Tennessee may leave a wronged individual with no remedy, but our courts have determined that the rights of the individual must be sacrificed for the public good. Desgranges v. Meyer, No. E2003-02006-COA-R3CV, 2004 WL 1056603, at *5 (Tenn. Ct. App. May 11, 2004).

What should I do if I think I have a defamation, libel, or slander case?

Call a lawyer to discuss your case as soon as possible. The deadline for filing a slander suit is 6 months from the time the words are spoken. The deadline for filing a libel suit is 1 year after the words are written. Gathering and preserving your evidence is crucial. Remember you must prove not only that someone defamed you, but that you suffered actual damages.

Wiseman Bray PLLC

8001 Centerview Parkway, Suite 103

Memphis, Tennessee 38018

(901) 372-5003

Visit our website to learn why we’re not your everyday law firm.

We have offices in Memphis and Nashville and represent clients in Lakeland, Arlington, Cordova, Bartlett, Germantown, Collierville, and many other areas throughout Tennessee and Mississippi.

Injured by a Drunk Driver?

drunk driver personal injury lawyer

The Sad Truth About Drunk Driving

Chances are, you either have been or will be the victim of a drunk driver in your lifetime. We know that intoxicated drivers cause personal injuries and deaths every day, but they also cause property damage. Even if you are not injured, your property may be. For example, drunk drivers often cause damage to other cars, houses, businesses, guardrails, signs, yards, and landscaping.

Drunk Driving Statistics

What are the odds that you have been or will be affected by a drunk or intoxicated driver? Take a look at these harrowing  statistics:

  • Every 2 minutes, a person is injured in a drunk driving crash.
  • On average, 2 in 3 people will be involved in a drunk driving crash in their lifetime.
  • The rate of drunk driving is highest among 26-29 year olds at 20.7%.
  • In 2014, 9,967 people died in drunk driving crashes. That’s one every 53 minutes. Another 290,000 were injured in drunk driving crashes.
  • Drunk driving costs the U.S. $132 Billion a year.
  • In 2010, drunk driving alone accounted for 18% of the total economic loss from motor vehicle crashes, costing the economy as much as $199 billion in direct and quality-of-life losses.

What does Drunk or “Intoxicated” Mean?

Tennessee law provides that a person is intoxicated when his or her physical and mental abilities are impaired as a result of drinking or drug use. The impairment must be to the extent that the person can’t act with ordinary and reasonable care like a sober person would under similar circumstances.

Can a Drunk Driver or Person Be Negligent?

Yes!  A drunk person is held to the same standard as a sober person.  Being intoxicated is no excuse for failure to act as a reasonably careful person.

We Represent Victims of Drunk Driving.

As a victim, you need a lawyer with the experience, drive, and knowledge necessary to compete with the insurance companies who are handling your claim. Otherwise, you’ll end up being a victim twice, and you might not even realize it until it’s already too late.  We are victim attorneys and we represent people who have been injured or damaged by drunk or intoxicated drivers. If you need help, we have offices in Memphis and Nashville Tennessee.  Please call us at 901-372-5003 or email us here.

 

Waivers and Releases Do Not Eliminate Liability for Gross Negligence: Ask the Injury Lawyer

release of liability, call injury lawyer

Tennessee Law on Contracting Away Liability

Chances are you’ve signed a Waiver or Release of Liability. Maybe you were going whitewater rafting or visited an indoor trampoline or “bouncy house” park. Businesses providing recreational activities generally require you to sign a form with lots of fine print before you can participate. These forms generally absolve the business of liability if you get hurt. Is that legal? Yes.  But there’s one thing to remember: In Tennessee, a person or business cannot contract away liability for “gross negligence.” That’s why you need to consult with a personal injury lawyer if you are injured, but someone tells you they’re not responsible because you signed a Release or Waiver.

Tennessee law allows people to enter into contracts that say that ABC will not be liable and that XYZ is “assuming the risk,” including the risk that ABC might commit negligence.  However, the law says that such a contract will not protect ABC if ABC is guilty of gross negligence. Buckner v. Varner, 793 S.W.2d 939, 941 (Tenn. Ct. App.1990).

What is Gross Negligence?

What is gross negligence and how is it different from regular negligence?  Regular negligence is the failure to use ordinary or reasonable care.  Gross negligence involves a higher degree of “bad” conduct and callous indifference to consequences. That’s why Tennessee law won’t allow people to contract away liability for gross negligence.  However, it’s harder to prove that someone committed gross negligence. You have to show:

  • The person committed ordinary negligence, and
  • The person acted “with utter unconcern for the safety of others, or … with such a reckless disregard for the rights of others that a conscious indifference to consequences is implied . . .” Leatherwood Wadley, 121 S.W.3d 682, 693–94 (Tenn. Ct. App.2003).

Consult with an Injury Lawyer

If you are injured or hurt while participating in a recreational activity, you should consult with a personal injury lawyer. Don’t automatically assume that you can’t recover because you signed a Release or Waiver. A personal injury lawyer can examine the language of any form you signed and can advise you whether you might have a claim.

Need an Injury Lawyer? We can help.

Call Wiseman Bray PLLC at (901) 372-5003 or email us here.  Visit our website to learn more about us and our work. Offices in Memphis and Nashville.

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 Wiseman Bray PLLC 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.

Runners Hit by Cars: Advice from a Personal Injury Lawyer and Certified Running Coach

hit by car- memphis personal injury lawyer

It’s not uncommon for runners and other pedestrians to be hit by cars.  We’ve seen it in our personal injury practice, and we’ve seen it on the news. For example, in Midtown Memphis, two women were hit while using an intersection, and in Germantown, a man was hit and killed by a car.

Legal Rights and Duties of Runners and Pedestrians

Most people are aware of the Rules of the Road that apply to drivers, but what are the legal duties and rights of an injured runner or pedestrian?  A common misconception is that a pedestrian always has the right of way, but that is not necessarily true. Both drivers and pedestrians have certain rights and duties under the law.

A Runner’s Legal Duties

  • You have the duty to look before starting to cross a street.
  • You have the duty to exercise reasonable care for your own safety.
  • You have the duty to keep a timely lookout for traffic.
  • You have a duty to follow the pedestrian signals.
  • You have a duty to use sidewalks when they are available.

Crossing the Street at Intersections and Crosswalks

If the traffic signal is in your favor, you have the right of way at all intersections and crosswalks.

  •      Caveat: Having the right of way does not mean you can proceed “serenely oblivious of surrounding circumstances.”
  •      Caveat: Having the right of way does not mean you can step out in front of a car when it is too late for the car to stop.

Crossing the Street Anywhere Else

When crossing the street at any point other than in a crosswalk at an intersection, you have a statutory duty to yield the right of way to all vehicles.

What if there is no Sidewalk?

Always run or walk facing traffic.  This way you can see and react to oncoming traffic.

Safety Tips for Runners from Coach Star Ritchey

Obviously, it’s best if you are never hit by a car while running or walking! Star Ritchey , Certified Running Coach and Owner of Midtown Memphis Running Group, Star Runners, gives the following “go-to” safety tips for runners:

  • Run facing traffic. You never want traffic at your back.
  • Never assume that because you see the car, the car sees you.  Be prepared to move.
  • No headphones. If you insist on headphones, only wear 1 earbud.
  • Always wear reflective gear unless it’s daylight.
  • Always wear a Road I.D.

If you are hit by a car, call a personal injury lawyer.

Each case is unique and there are always exceptions to the rules. And remember, the driver of the car has legal duties, too.  If you are a runner or pedestrian and you have been hit by a car, don’t assume you’re automatically at fault. Talk with a lawyer who can give you advice about your particular case.  Don’t just blindly accept as truth what the driver’s insurance company is telling you about fault.

In Tennessee, we have what is called “Comparative Fault.” That means you may be able to recover for your injuries, even if you bear some portion of the fault, as long as your fault isn’t equal to or greater than the driver’s fault.  You need a personal injury lawyer who can sort through the facts and determine whether you are entitled to recovery.

If you are hit by a car, call Wiseman Bray PLLC.

We have a team of experienced trial lawyers here at Wiseman Bray PLLC. Our work is personal and we’d be glad to give you the attention you deserve. If you are a runner or pedestrian and you’ve been hit by a car, please call us at (901) 372-5003 or email us here.

Other Resources for Runners

The Tennessee Department of Transportation website lists the various laws that apply to runners, pedestrians, and drivers.

Texting and Walking? Advice from a Personal Injury Lawyer

texting and walking personal injury lawyer

Texting and Walking:  Advice from a Personal Injury Lawyer

Do you walk and text? If you are like most people, you probably do.  This personal injury lawyer advises you to stop! While we know that texting and driving is dangerous and has been banned in Tennessee, research also shows that pedestrians who are distracted with their phones are more likely to be hit by a vehicle.  According to one analyst, the number of pedestrian injuries due to cell phone use tripled over a a 7 year period (2004-2010), and the numbers continue to rise.

What if a Car Hits Me But I was Texting While Walking?

Call a personal injury lawyer. If you were walking and texting when you were hit, the driver’s insurance company will probably say you were at fault, but that is not necessarily always the case.  You should still speak with a personal injury lawyer about the specific facts of your case. In Tennessee, we have what is called “Comparative Fault.” That means you may be able to recover for your injuries, even if you bear some portion of the fault, as long as your fault isn’t equal to or greater than the driver’s fault.  You need a good personal injury lawyer who can sort through the facts and determine whether you are entitled to recovery.

(1)  Don’t text and walk. If you are injured, it could reduce or even eliminate any damages you would have otherwise been entitled to.

(2)  If you are injured while texting and walking, don’t automatically assume you are at fault. Call an injury lawyer to make sure.

Call Wiseman Bray PLLC. We Can Help.

When you need a lawyer, call Wiseman Bray PLLC. Contact us at 901-372-5003 or email us here.  We take cases throughout Tennessee and Mississippi, including Memphis, Shelby County, Bartlett, Germantown, and Cordova.

Can my Fitbit be used as evidence against me?

Can my Fitbit be used as evidence against me?

By:            Erin Shea

fitbit can be used by injury lawyer

Can my Fitbit® data be used as evidence in court?

As I was driving to work yesterday, I heard an advertisement for a Local News Story on Fox 13 about potential unintended consequences of using one of those trendy new fitness tracker devices, such as the Fitbit®. This piqued my interest for a couple of different reasons: (1) My husband bought me a Fitbit® for my birthday recently, and (2) Part of my job as a lawyer involves looking for information to either support or weaken a particular factual claim being made by someone in a lawsuit, and doesn’t a fitness tracker record accurate and factual information?

Using Fitbit® Data as Evidence in Court Cases

What could be the unintended consequence of using a fitness tracker? Relevant to my job as a lawyer, Fox 13’s story and this article discuss how fitness tracking data can make or break a court case.

I haven’t seen any reported appellate decisions in Tennessee yet discussing the admissibility of fitness tracking data at trial, but I’m sure they are coming. Also, even if the data never sees the inside of a courtroom, there are other uses for it, including using the information to secure other evidence or as a negotiation point during settlement talks.

For example, if a person in a personal injury suit is making a claim that they can no longer walk more than a few steps at a time, but the person’s Fitbit® data shows that the person is taking 20,000 steps a day, I would argue that the claim is being exaggerated.  On a somewhat related topic, I will never forget an old case I worked on where the injured person claimed he could no longer run races, but his social media accounts showed several post-race photographs that were taken after the accident.

Moral of the Story

Don’t forget that your electronic devices, including fitness tracking devices like a Fitbit®, are collecting data and information about you.  Think about how that data might be used to help or hurt you because you can be sure that the lawyers are!

Need a Lawyer?

erin shea, injury lawyer at wiseman bray memphisCall  me or any of the other lawyers at Wiseman Bray PLLC  at (901) 372-5003. We’d be glad to help you. We handle cases in Memphis, Cordova, Germantown, Bartlett, Arlington, Lakeland,  Shelby County, and throughout Tennessee and Mississippi.  If we can’t help you, we’ll point you in the right direction.

 

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

lawsuit deadlines, personal injury lawyer memphis

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

Why are there statutes of limitation or lawsuit deadlines?

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

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

What time limit applies to my case?

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

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

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

Statutes of Limitation in Tennessee for Common Claims

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

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

Exceptions

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

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

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

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

Can I Represent Myself in General Sessions Court?

injury lawyer memphis for general sessions court

Can I represent myself in General Sessions Court?

Can you represent yourself in General Sessions Court?

Yes, you may always represent yourself in any court matter – it’s called proceeding pro se.  However, you may only represent yourself.

If the true party in the case is actually a corporation or limited liability company (LLC) – even if you are the sole shareholder/owner/member – then you may not represent “yourself” because, technically-speaking, a business organization is a distinct legal entity separate and apart from you as a natural person.  And unless you are a lawyer, you cannot represent another person or entity, or else you would be guilty of the unauthorized practice of law, and no Judge will allow that.

Should you represent yourself in General Sessions Court?

If you are the party in the case as an individual, or as a sole proprietorship, then you may always represent yourself.  The real question, though, is should you?  Many people believe General Sessions Court is a “small claims court” similar to the TV court shows where two parties stand at podiums and, with great drama, show or tell the Judge whatever they want. While it is true that General Sessions Court disputes are typically limited to smaller matters under $25,000, and further that any judgment can be appealed to Circuit Court, it would be a mistake to assume that General Sessions Court is somehow informal or easy.

In many cases, litigating in General Sessions Court is easier and less expensive than litigating in Circuit Court. However, General Sessions Court is serious. All parties, even those representing themselves, must follow the Rules of Court and the Tennessee Rules of Evidence and must observe the proper rules of courtroom decorum.  You cannot simply tell or show the Judge whatever you want.

So the question really is this: do you know the Tennessee Rules of Evidence? Do you know what makes a piece of evidence objectionable? Do you know how to lay a proper foundation to get a document or a witness’s testimony admitted in evidence? Attorneys are trained to know the rules and to use them to their client’s advantage. You may have a perfectly winnable case and lose it because you do not know how to properly present evidence.  We’ve seen it hundreds of times.

Many people say they cannot afford an attorney, while others simply don’t want to pay an attorney to handle something they believe they can handle themselves.  However, is the potential of recovering nothing on your claim – or, conversely, subjecting yourself to a judgment that will be reported to creditors – preferable to paying an attorney fee?

Helpful Resources for pro se litigants

If you truly can’t afford to hire an attorney, here are a few resources you may find helpful:

Rules of General Sessions Court (Shelby County)

General Sessions Court–Civil Case Forms

Attorney of the Day Courthouse Project. Each Thursday Memphis Area Legal Services hosts an advice clinic at the Shelby County Courthouse at 140 Adams Avenue in Memphis.  Volunteer attorneys meet with walk-in clients and provide advice and counsel.  The clinic starts at 1:30 p.m. in Room 134 of the Courthouse.

Saturday Legal Clinics. These clinics, also hosted by Memphis Area Legal Services, operate on a first come, first served basis and provide opportunity for members of the community to meet with an attorney to discuss their legal issues.  Volunteer attorneys provide advice, counsel, referrals.   Memphis clinics are held the second Saturday of every month at the Benjamin Hooks Main Library, 3030 Poplar Avenue, starting at 9:30 a.m. until 12:30 p.m. Covington clinics are held on a Saturday every other month at First Presbyterian Church, 403 S. Main Street, starting at 10:30 a.m. until 1:30 p.m.

We practice in General Sessions Court. 

The attorneys at Wiseman Bray PLLC regularly practice in General Sessions Courts in Memphis, Shelby County. We know the rules and we will use them to effectively present your case or defense to the Judge. We represent both Plaintiffs and Defendants. If you have a pending General Sessions case, or if you are thinking of suing someone in General Sessions Court, and you’d like to talk to us about it, please call us at 901-372-5003.