Top 7 Things You Need To Know If Injured On Someone Else’s Property

If you are injured on someone else’s property, you may be able to file a lawsuit against the property owner. Laws vary from state to state, so it is important to speak to a Memphis personal injury lawyer from Patterson Bray PLLC to learn what your options are. If you have been injured on someone else’s property, here are the top seven things you need to know:

1. You Must Show That the Negligent Party Owed You a Duty of Care

Tennessee law requires that you prove the negligent party’s carelessness caused your injury. To do this, you must show that the person or business had a duty to care for your safety. An experienced Memphis personal injury lawyer can help you get the compensation you deserve for your injuries and losses.

2. The Negligent Party Must-Have Breached That Duty of Care

Once you establish that the other party owed you a duty of care, you must prove they breached their duty in some way. The most common breach is when someone fails to take reasonable steps to prevent another from becoming injured on their property. A Memphis personal injury lawyer can work with you to determine who is at fault for your injuries and negotiate a settlement on your behalf.

3. Your Injury Was Caused by That Breach

After establishing that the other party breached a duty of care, you must show that their negligence caused your injury. This can be difficult when multiple parties are involved in an accident, but it is essential for proving liability.

4. You Suffered Real Damages as a Result of Your Injuries

Not only must your injury have been caused by another’s breach of duty, but it must have resulted in real damages (financial or otherwise). Otherwise, there is no reason to file a claim and seek compensation.

5. Whether the owner or possessor was negligent

In order to recover damages for a slip and fall or trip and fall accident, you will generally have to show that the owner or possessor of the property was negligent. In other words, you will need to show that he or she failed to use reasonable care under the circumstances in maintaining his or her property.

6. Whether your own negligence contributed to your injury

Tennessee follows a “comparative fault” rule in slip and fall cases, meaning that if you were also negligent in some way — such as by not watching where you were going — then your recovery may be reduced by an amount equal to your percentage of fault for the accident.

7. The timing of your injury report

If a business employee causes you harm (by an act such as mopping up a spill without posting any warning signs), then it is important that you report this act as soon as possible so that it can be documented and investigated immediately while there is still evidence available (such as security camera footage).

In most cases, you have one year from the time of the accident to file a lawsuit for your injuries, so talk to an experienced Memphis personal injury lawyer before accepting a settlement from liability insurance companies. Contact our helpful and knowledgeable Memphis injury lawyers from Patterson Bray PLLC today!

When Should I Speak With A Personal Injury Attorney?

If you have recently lost a loved one or been injured as a result of another’s conduct, you may benefit from speaking with an experienced personal injury attorney at Patterson Bray PLLC. Depending on the “ins and outs” of your situation, you may be entitled to significant compensation. You won’t know for sure, either way, until your case is assessed by an experienced local lawyer.

Memphis Personal Injury Lawyer

Personal injury is the area of U.S. law concerned with those who have been physically and financially harmed as a result of another’s intentionally hurtful, reckless, or negligent conduct. Even if you were partially to blame for your injurious circumstances, you may still be entitled to significant compensation from insurers and/or others who may be held legally and financially liable for the harm that you have suffered. Speaking with an attorney is the best way to gain clarity and perspective about your rights and legal options in the wake of sustaining an injury or losing a loved one due to another’s actions or inactions.

When Should I Speak With a Personal Injury Attorney?

Essentially, you should speak with a personal injury attorney if you’ve recently been injured or you have lost a loved one and you have questions about your legal rights and options. Also, if you’re unsure of whether or not you have grounds upon which to file an insurance claim, a workers’ compensation claim, and/or a personal injury lawsuit, it’s time to speak with an experienced Memphis personal injury lawyer.

It is important to understand that speaking with an attorney in a risk-free consultation setting doesn’t mean that you’ll have to act on any legal option available to you. It also doesn’t mean that you’ll need to retain the services of an attorney moving forward. Legal consultations—much like medical consultations—exist so that you can ask questions, voice concerns, and get a better sense of what your options are. Once you’ve received an objective legal analysis concerning your situation, you’ll be able to make informed choices about whether to act on any opportunities available to you or to move forward without initiating any legal action in the wake of the harm you have suffered.

Reputable and decent attorneys aren’t in the business of “selling” their services. They are in the business of providing legal support and guidance to those who need it. Therefore, if you connect with our team, you won’t be pressured into taking action. You’ll simply be advised of what your rights and options are in objective, informed ways.

Legal Assistance Is Available

If you haven’t yet scheduled a risk-free consultation with the experienced Tennessee legal team at Patterson Bray PLLC, please connect with us online or over the phone. We take a great deal of pride in representing the interests of individuals who have been injured and it would be our honor to answer your questions and address your concerns in a risk-free consultation setting. We look forward to speaking with you.

What Is a Psychological Injury? 

No matter the type of accident that happens it may be in your best interest to talk to a Memphis personal injury lawyer from Patterson Bray. Accidents can cause different kinds of injuries and they aren’t all physical. Psychological injuries are just as real as physical ones and they can have long-lasting consequences on your health and how you live your life. The downside is proving a psychological injury is harder than a physical one and that is why talking to a qualified lawyer is key. 

Understanding that psychological injuries can impact you just as badly as a physical one is important. If you want to know more read on to find out why. 

What Is a Psychological Injury? 

A psychological injury is a non-physical injury sustained due to someone else’s negligence. It is important to know that you can’t claim to have suffered a psychological injury just because an accident or event scared you. For an injury to qualify it has to be persistent and it has to occur due to another party’s negligence. 

It is important to know that you can suffer in a variety of ways with an accident, and psychological injuries do happen. It is also vital to understand that you can suffer a psychological injury without sustaining a physical injury. 

Examples of Psychological Injuries 

There are a number of psychological injuries after accidents that people can suffer. Below are some of the most common types that happen: 

• Post-Traumatic Stress Disorder (PTSD): This is a common psychological injury when accidents occur. It can present itself in different ways but if left untreated it can severely hurt someone’s lifestyle. 
• Depression: This is an injury that can surely hurt your way of life. After an accident, you can start feeling an uncontrollable feeling of sadness or lack of motivation. 
• Anxiety Disorders: There are many types of anxiety and they can be presented differently. One of the most common is generalized anxiety disorder. 

Symptoms of Psychological Injuries

Typically after an accident, people are going to feel scared, and after a little while, it disappears. However, when it comes to a psychological injury that feeling doesn’t go away, and often it keeps getting worse. Here are some of the symptoms of a psychological injury: 

• Sleeping difficulties
• Disturbed sleep
• Mood swings
• Confusion
• Memory loss
• Social isolation
• Irritability
• Constant tearfulness

In many cases, the symptoms also come with the inability to perform daily tasks. Even the simple ones that you used to do without thinking. Things like taking care of your basic hygiene can cause psychological injury. Because they are invisible it can be hard to prove that the accident was the cause. However, they should be taken just as seriously as a physical injury. 

If you or someone you love have been in an accident and suffered a psychological injury, know you aren’t alone. It is in your best interest to talk to a Memphis personal injury lawyer today to know more about your case, and what compensation you can get. 

What Happens If A Pet Bites A Person?

For many of us, pets are considered another member of the family. While pet owners love their pets, they may end up costing their owners money if they bite another person through personal injury lawsuits. Though dogs and cats are the typical animals involved, Tennessee law is applicable to all living creatures, other than human beings, which may be affected by rabies. If you have been bitten by a pet, a Memphis personal injury lawyer can help you navigate through your legal options.  

What is an owner’s responsibility regarding protecting their pet and the public from rabies?

 Under the law, pet owners are required to make sure that all dogs and cats three months of age and older are vaccinated against rabies. Vaccinations should be kept up to date throughout the pet’s life.

What happens if a pet bites a person?

Each county in the state has its own division that is in charge of controlling the spread of rabies and the overpopulation of dogs and cats, using humane education, rabies vaccines, impoundment, and any other means deemed necessary to accomplish these goals.

As a Memphis, TN personal injury lawyer can explain, in the event that an animal bites a person, the animal is confined under the observation of a licensed veterinarian for 10 days. Immediately upon confinement, the veterinarian reports the clinical condition of the animal to the county.  

At the end of the confinement period, the veterinarian submits a written report to the county indicating the final disposition of the animal. If the animal has been inoculated against rabies and the veterinarian deems it satisfactory, the animal may be confined to a house or in any other manner in which it will be prohibited from biting a person for a period of 10 days. At the end of this confinement, the animal is examined by the veterinarian. 

An owner who is aware that his or her animal has bitten someone must inform the county. It is illegal for the owner to euthanize, sell, give away, or otherwise dispose of the animal until it is released.

What legal recourse does a victim have for the bite or attack?

If an animal, without provocation, attacks, attempts to attack or injures a person, the owner of such animal is civilly liable to such person for the full amount of the injury proximately caused by the attack or attempted attack. This places owners under strict liability, meaning they can be ordered to pay damages without the victim proving negligence or any fault on the part of the owner; all that needs to be proven is an injury caused by the animal.

 If you have been bitten by another person’s pet, it is possible that you have a valid claim for personal injury against the owner. You may be entitled to damages for your medical expenses, lost wages, pain and suffering, emotional anguish, scarring, and more. Contact a Memphis, TN personal injury lawyer from Patterson Bray PLLC to schedule a free and confidential consultation to learn more.

What Types Of Damages Can I recover In My Car Accident Claim?

If somebody else’s negligence caused your accident and injuries, you may be entitled to compensation for your medical bills, lost wages, pain and suffering, and other losses. In order to get that compensation, you will probably have to negotiate with an insurance company. Insurance companies are notorious for trying to minimize what they pay out to injury victims. They may even try to claim that the accident was your fault or that your injuries aren’t as bad as you say they are.

Experienced Memphis Car Accident Attorneys from Patterson Bray PLLC can guide you through this process and fight for the full amount of compensation you deserve.

What types of damages can I recover in my car accident claim?

When you are injured in a car accident that was caused by another driver’s negligence, you may be eligible to recover compensation for the following damages:

• Medical expenses (past and future)
• Lost wages (past and future)
• Pain and suffering
• Property damage (car repairs)
• Emotional distress
• Punitive damages (in cases involving drunk driving)

When should I hire a lawyer?

If you have been injured in an accident caused by another person’s negligence, or recklessness, or if you have lost a family member in an accident, you should consult with Memphis car accident attorneys as soon as possible. Early involvement of an attorney is especially important if your case involves insurance coverage issues. If an insurance company is involved, it will send out an adjuster to obtain statements from the parties involved and witnesses. It is crucial that these statements be recorded before the witness’ memory fades.

Memphis car accident attorneys from Patterson Bray PLLC can help you determine if any insurance policies may apply to your damages and injuries. He or she can also communicate with the insurance company on your behalf so that they do not take advantage of you while you are still recovering. Your attorney will work hard to make sure that your rights are protected while helping you pursue the maximum amount of compensation for which you may be eligible.

What happens in my first meeting with an attorney?

When you meet with Memphis car accident attorneys for the first time, he or she will ask questions about your case. It is important that you bring all relevant documents (birth certificates, police reports, medical records, etc.) with you so the attorney has everything he or she needs to assess your situation fully.

If the Memphis car accident attorney feels that he or she can assist you, he or she will explain what needs to be done and answer any questions that you may have. The lawyer might also be able to provide some immediate legal advice based on his or her initial assessment of your case. Call Patterson Bray PLLC today to schedule your consultation!

What If My Accident Was Partially My Fault?

It remains important to explore your legal rights and options—even if you may have been partially to blame for what happened to you—because Tennessee broadly protects the rights of car accident injury victims. Unlike some other states, that bar victims from seeking compensation if they were partially at fault for a crash, Tennessee recognizes a comparative negligence standard in personal injury cases. This means that as long as the fault attributed to you is not 50 percent or greater (when compared to the percentage of fault attributed to others), you remain entitled to seek compensation from others involved in the crash. If another’s reckless, intentionally harmful, or negligent actions or inactions may have directly contributed to the cause(s) of your harm, exploring your legal options is an effort worth your time.

Legal Assistance Is Available

If you have not yet explored your legal options with the assistance of a reputable attorney, please connect with the experienced Tennessee team at Patterson Bray PLLC today. Although it isn’t always easy to know whether an accident victim has strong grounds upon which to file an insurance claim or personal injury case at first glance, our dedicated lawyers have extensive experience handling complex car accident cases. No matter what the circumstances were that led to your collision, we can provide you with objective guidance and support so that you can make informed decisions about whether to pursue legal action at this time. We look forward to speaking with you.

If you have recently been injured in an accident, you may—very understandably—be wondering if you should be connecting with a lawyer. Sometimes, when accidents only result in minor property damage and no one is hurt as a result of the chaos, accident victims can successfully navigate the insurance claims process without legal assistance. However, individuals who have suffered injury as a result of auto accidents should take time to explore their legal rights and options.

Even if the accident in question was partially their fault, they may be entitled to significant compensation via the personal injury claims process. Additionally, navigating a complex insurance process without legal guidance is generally not advisable as reputable personal injury attorneys—including those who practice at Patterson Bray PLLC—are often able to secure victims settlement awards that are more fairly valued than those they could secure without help.

Memphis Car Accident Attorneys

If your car accident occurred while you were traveling for work-related reasons, you may be entitled to workers’ compensation benefits. No matter why you were traveling, you may be entitled to insurance settlements from one or more providers. Additionally, if another’s negligence, recklessness, or intentionally harmful actions or inactions directly contributed to the cause(s) of your injuries, you may be in a strong position to pursue significant personal injury damages. The experienced Memphis car accident attorneys at our firm can provide you with clarity about your rights and options once we understand the details surrounding your collision.

Who Pays For Damages In A Car Accident?

If you have been injured in a car accident in Tennessee, it is critical to determine the clear fault of the accident in order to collect the financial damages you may be entitled to. One of the Memphis car accident attorneys from our firm can assist you in pursuing those damages, either through a settlement with the at-fault driver’s insurance company or through a personal injury lawsuit.

There are many firms that have been helping victims obtain the damages they deserve and will work diligently to get you the best results based on the circumstances of your case.

Who pays for damages in a car accident?

The majority of car accidents have factors that the insurance company may try to use against the victim in order to reduce the financial compensation of the claim or reject it entirely. Before settlement negotiations can really begin between your attorney and the insurance company, fault for the accident must be established.

How is fault determined?

Car accident attorneys in Memphis examine different aspects of the crash to prove that fault. One way is to see if any traffic laws were broken by the other party. If there is a police report on the accident that describes that violation, as well as any citation the at-fault driver received, that is very strong evidence of fault that will likely not be able to be disputed by the driver’s insurance company.

If for some reason no police report was written up, then it will be up to the attorney and insurance adjuster to make that determination. In some cases, there may even be an accident reconstruction to help bolster the victim’s case.

What if both drivers were somewhat at fault?

There may be accidents where both parties were guilty of some type of traffic violation, however, only one of the party’s actions actually caused the crash. For example, if the victim’s brake lights were not working, but the accident was a T-bone crash because the other driver ran a stop sign, then the brake light malfunction would not be an issue in the car accident claim. 

However, if the brake lights were not working and the accident was a rear-end collision, an accident reconstruction could show mitigating circumstances. For example, if the other driver had been speeding when he or she rear-ended the victim’s car, then both parties may be at fault. In these types of cases, comparative negligence may apply.

What is comparative negligence?

Comparative negligence is a principle that many states use that says when there is an accident, the fault of each party is based on how much each party’s actions contributed to the accident. Whatever percentage of fault is assigned to the victim is the percentage that will be deducted from the final amount of settlement or award. For instance, a car accident victim is found to be 30 percent at fault for the crash. A jury awards them $100,000 for their injuries, but 30 percent – or $30,000 – would be deducted from that amount.

If you have been injured in a car accident, call Patterson Bray PLLC to speak with one of our Memphis car accident attorneys and find out what legal recourse you may have.

Am I required To Call The Police After A Car Accident?

If you are involved in a car accident that has resulted in death, injury, or significant property damage, you are required by law to report the accident to the local authorities. Failing to report such accidents to the police is illegal. Whether there was an injury or not however, you should report car accidents anyway so that the police can file an official report.  

What should I not do after an accident?

After an accident, you should be cautious about the actions that you take. Saying or doing the wrong thing can weaken your case, forcing you to lose compensation that you otherwise could have been awarded. Common mistakes made by car accident victims include admitting blame, sharing sensitive or private details about their case with others, and accepting the first initial settlement offer.

What damages are often awarded to car accident victims?

A car accident victim can receive many types of economic and non-economic damages. Missed wages, medical expenses, reduced income capacity, emotional anguish, pain and suffering and loss of consortium are just several damages often given to accident victims. It is key that you calculate your damages early on, and consider future damages as well. If you need assistance with determining what your damages are, rely on a lawyer to compute them for you. 

Can I get compensation if I have partial fault? 

If you believe you are partially at fault in an accident, there is still a chance that you can get compensation. However, it depends on the state where the accident occurred. Some states don’t award compensation to those who are even minimally at fault. These laws can be complex, so if you need a more detailed explanation of how they apply to your case, speak to a trusted car accident lawyer. 

How is fault determined?

Fault in a car accident is determined by examining a number of factors. Investigators will review evidence such as video footage, witness testimony and physical evidence left at the accident site. State laws such as comparative negligence laws will also affect the degree of fault distributed to each party. 

Car accidents can be life-changing. You should not delay seeking legal assistance if you are thinking about filing a claim against the person or party responsible for causing you harm. A trusted car accident lawyer like one from Patterson Bray PLLC can provide you the help that you need now. 

As Memphis car accident attorneys like those at Patterson Bray PLLC know, the claims process involves many steps, and the more complex your case is, the longer it may take to complete. Having a qualified lawyer lend their support as you navigate your case can allow you to focus on recovery. They will take care of the primary tasks of your case so that you won’t have to deal with the pressure and stress involved with a car accident. During your consultation with a lawyer, you may have questions such as the ones below.