What Is Negligence?

Negligence is the failure to take proper care when performing an action. Legally speaking, negligence is determined by comparing one person’s actions to that of a competent, typical person of similar circumstances. For example, if a driver runs a red light and hits another driver, they were negligent because they did not follow the rules of the road in a way that any competent person with a driver’s license would have.

How do you prove someone was negligent?

In order to prove that the other party involved in the accident was negligent, the plaintiff must prove five things.

    1. The defendant owed a duty to the plaintiff. That simply means that the defendant was expected to act in a certain way toward the defendant.
    1. Proving that the defendant owed the plaintiff a duty is not enough. Then, they must prove that the defendant breached that duty by failing to exercise reasonable care.
    1. Then, the plaintiff must prove that the breach of duty is the direct cause of their injuries.
    1. They must then identify the scope of the defendant’s responsibility. In other words, the defendant can only be held responsible for harms that they could have foreseen.
  1. Finally, the plaintiff must prove that the injuries caused resulted in actual damages such as medical bills, loss of enjoyment of life, loss of a job, and so forth.

Is there any other basis for personal injury liability besides negligence?

A personal injury claim usually hinges on the fact that the injured party’s pain and suffering was caused by the other party’s negligence. For example, in a slip and fall claim, the person who fell and got hurt was the result of the property owner’s negligence. In a car accident, the driver who was injured was hit by a driver who was not exercising reasonable care on the road. In most cases, once negligence is proven, the injured party can begin negotiating a settlement claim.

But is negligence the only basis for a personal injury claim?

While negligence is the most common basis for a personal injury claim, it is not the only one. There are two other ways that you can prove that another party or entity is liable for your personal injury.

Strict liability is another way to prove liability for an injury that was caused by designers and manufacturers. When a person is injured as a result of defective products, they do not have to establish the negligence of the manufacturer. They can instead show that the product that caused the injury was designed or manufactured in a way that made it dangerous when it was used as intended.

Intentional wrongs is another, more rarely utilized, the basis of personal injury claims. For example, if someone intentionally hit you, they can be sued for personal injury by way of battery. The person who injured you can be criminally liable and civilly liable.

Contact a Personal Injury Lawyer Memphis, TN Families Depend on Today

If you would like to find out if you have any legal recourse against the party you think was responsible for your injuries, contact a personal injury lawyer in Memphis, TN from Patterson Bray today at 901.372.5003 for a free case evaluation.

Types of Damages In A Personal Injury Claim

When a victim files a personal injury claim, there are different types of damages they may be able to collect. Your personal injury lawyer Memphis, TN locals turn to can explain to you the types of damages you may be entitled to, but in general, these damages include:

  • Medical expenses: All injury treatment costs are covered under a personal injury claim. This includes not only past expenses, but all future expenses if the injury has left the victim with a permanent disability. These expenses can include doctor’s visits, surgeries, medication, medical equipment, and physical therapy.
  • Lost Wages: It is not uncommon for injured victims to be unable to work while they recover from their injury. A personal injury settlement can cover the amount of income the victim has lost. They may also be able to cover the loss of future income if the injury leaves them with a permanent disability that prevents them from working.
  • Other Losses: A victim can also be awarded damages for the pain and suffering the injury caused them, as well as the emotional anguish they may have had to deal with because of the situation. Depending on the long-term effects, a victim may also receive compensation for the loss of the ability to perform daily activities and loss of consortium. A personal injury lawyer in Memphis, TN can evaluate your case and determine what losses you have that you can pursue damages for.

If you or someone close to you is suffering because of someone else’s neglect or reckless behavior, call Patterson Bray today at 901.372.5003 for a free case evaluation with a respected Memphis, Tennessee personal injury lawyer.

When You Need a Memphis Personal Injury Lawyer

A seasoned personal injury lawyer in Memphis, TN clients recommend being aware that when a person has been injured in an accident, not only are they dealing with the recovery of that injury, but they often face financial stress caused by medical expenses and loss of income from being unable to work. These factors can feel even more stressful when the injury was caused by another party’s negligence.

At Patterson Bray, we have been fighting for injured victims for decades and work aggressively to get our clients the financial compensation they deserve for the losses their injuries have caused. If you or a loved one has been injured in an accident, we are happy to discuss your situation and how we may be able to help.

Common Causes of Personal Injury

If you were injured because of negligent or reckless behavior, you may be entitled to compensation. You may find some relief in knowing that someone else is dealing with the legal aspects of your situation so that you can focus on healing and trying to get back to your regular routines. Incidents that often qualify for a personal injury claim with the help of a personal injury lawyer in Memphis, TN include but are not limited to:

  • Auto accidents / Motor vehicle accidents
  • Pedestrian/bicycle accidents
  • Slip and fall accidents
  • Premises liability
  • Medical malpractice/medical errors
  • Nursing home abuse
  • Workers’ compensation
  • Construction site accidents
  • Defective or dangerous product
  • Workplace incidents
  • Construction accidents
  • Dangerous drugs
  • A dog bite or animal attacks
  • Wrongful death

There is a wide range of injuries and conditions that can result from the causes above. Your Memphis personal injury lawyer can tell you if your injury qualifies for a claim. Some of the most common include but are not limited to:

  • Broken bones and lacerations
  • Concussions and head injuries
  • Traumatic Brain Injury
  • Spinal cord injuries
  • Disfigurement
  • Amputation
  • Burns
  • Paralysis
  • Heart conditions
  • Lung conditions
  • Cancer
  • Disease

Patterson Bray Provides Legal Help For All Types Of Accident and Injury Cases

By working with an experienced and skilled personal injury lawyer, the insurance company for the at-fault party will get the message that they will not be able to take advantage of you or try to deny your claim without cause. Our firm provides legal help for all types of accident and injury cases.

Can you help car accident victims?

A driver who engages in negligent or reckless driving behaviors can be held legally liable for a victim’s losses. Some of the more common negligent causes of car accidents include distracted driving, driving under the influence, drowsy driving, speeding, other traffic violations. Our firm can even help if the driver who hit you was uninsured or underinsured.

Does your firm handle truck accident cases?

Truck accidents can be complex because they often have more than one liable party. Some of the more common causes of truck accidents that our Bethesda MD law firm handles include truck driver fatigue, improper truck maintenance, overweight vehicle, improperly or unsecured cargo, speeding, driving under the influence, and traffic violations.

What about motorcycle accident claims?

Motorcyclists are often seriously injured in crashes involving other vehicles. In fact, because of the lack of protection, these accidents often result in catastrophic and fatal injuries. The majority of these accidents are caused by the other driver and not the motorcyclist. Our Memphis injury firm can also help victims of pedestrian and bicycle accidents. Similar to motorcycle accidents, the majority of these accidents are caused by negligent vehicle drivers and because of the lack of protection for victims, injuries are often severe.

Are ridesharing accidents easy claims to pursue?

While Uber, Lyft, and other ridesharing companies have become popular, determining liability when there is an accident can be difficult. Many ridesharing companies try to avoid liability by claiming the drivers are independent contractors and not employees.

Does your firm handle dangerous and defective product claims?

When a product user suffers an injury due to a defect in a product, the manufacturer, distributor, or seller of the dangerous product may be held liable.

What if a victim is hurt on someone’s property? Do you handle those cases?

State and municipal laws require property owners to keep their property free of hazards and dangers for anyone who has permission to be on the property. When someone is injured, that owner may be liable for the damages the victim suffers.

Can you help a victim’s family if the victim is killed in an accident?

Survivors of victims killed because of another party’s negligence or intentional actions can pursue compensation for damages they suffer as the result of their loved one’s death.

When you or a loved one has been injured due to the negligence of another party or parties, Tennessee law says you are entitled to obtain financial compensation from that party for the losses the injuries have caused you to suffer. These losses can be physical, emotional, and financial. Some of the most common damages that a victim can recover in a personal injury case includes medical expenses, loss of income if you are unable to work during recovery, pain and suffering, scarring, disfigurement, emotional anguish, and permanent disability. In order to ensure you receive all the financial compensation you deserve, contact a Memphis injury law firm.

To learn more about how our Memphis injury law firm can help you get the compensation you deserve, contact Patterson Bray PLLC today.

How much is my injury case worth?

The value of every case depends on many factors, including the insurance coverage available, medical expenses, and other damages. If another party caused your injuries, at the very least, you are entitled to be reimbursed for any out-of-pocket expenses that resulted from the accident. In addition, you may be entitled to compensation for more intangible losses, such as pain and suffering. The best way to understand how much your case is worth is to talk with one of our experienced Memphis injury law firm.

If I have been hurt as a result of another’s negligence, what damages can I recover?

You can recover compensation for all of your economic losses, such as medical bills and lost wages. You can also recover compensation for non-economic losses such as pain and suffering and emotional distress. In cases that involved egregious conduct or resulted in disfigurement or disability, our Memphis injury law firm will seek punitive damages intended to punish the wrongdoer and deter similar conduct in the future.

What is the difference between a personal injury and a workers compensation case?

Workers’ compensation is an insurance policy that takes care of medical expenses and lost wages for employees who are injured on the job. The worker does not have to prove fault, liability or negligence. The employer does not have to worry about being sued for damages; however, the employee cannot sue for pain and suffering.

Personal injury occurs when someone is injured due to another person’s negligence, fault or wrongful acts. The injured person can sue for medical expenses, lost income and pain and suffering.

Should I contact an attorney right away?

Yes. The sooner you can contact an attorney after your accident, the better. Once you’re ready to talk about your case with a lawyer, reach out to a Memphis injury law firm like Patterson Bray, PLLC as soon as possible. We will review your case for free and let you know what we think are the best next steps for your situation, whether that’s filing a lawsuit or working with an insurance company.

At Patterson Bray, PLLC, we help clients who have been the victims of personal injury accidents. Our Memphis lawyers have years of experience handling car accidents, slip and fall accidents, workers’ compensation, wrongful death suits, and much more. Our Memphis injury law firm will fight for your rights and help you get the best likely outcome for your case.

Contact our Memphis injury law firm today to schedule a free initial consultation and learn more about how we can help you.

 

Do I Need to Hire a Personal Injury Lawyer?

No two injury scenarios ever unfold in the exact same ways. As a result, it is important for an attorney to evaluate the unique nuances of your situation before you make any positive or negative assumptions about the strengths and weaknesses of your case. All too often, those who have suffered injury shy away from asking a lawyer questions about their circumstances because they are under the impression that they don’t have grounds for legal action, that pursuing legal action isn’t worth their effort, and/or that pursuing legal action would be a prohibitively costly process. In reality, many injury victims are in an excellent position to pursue compensation… they just don’t know it.

When individuals are recovering from injuries and/or the loss of a loved one, their physical energy and mental focus tend to center on the healing process. This is both understandable and completely normal. However, if you have recently been injured or have lost a loved one as a result of another’s actions or inactions, it is important to make time to speak with an attorney about your legal options. Scheduling a risk-free consultation with the respected Memphis injury law firm Patterson Bray PLLC will neither take up much of your physical energy nor your mental focus. Yet, doing so may do a great deal to facilitate your healing process as you move forward.

Legal Assistance Is Available

If you are questioning whether you need to hire a personal injury attorney, it is going to be worth your time to schedule a risk-free consultation with the experienced Tennessee legal team at Patterson Bray PLLC. Why? You may discover that you’re in a strong position to file an insurance claim and/or a personal injury lawsuit. You may discover that you’re likely entitled to significant damages at this time. But even if you’re not in a position to file legal action or you opt not to file a claim right now, you won’t be left wondering “What if?” well into the future.

If you’ve recently been injured as a result of another’s actions or inactions, you’ve been through quite enough already. Speak with an attorney at our firm today to achieve both clarity about your options specifically and some peace of mind generally. We look forward to speaking with you.

What Are Common Injuries at Construction Sites? 

Life on a construction site can bring plenty of dangers and risks that anyone on the site can get involved in. The Occupational Safety & Health Administration (OSHA) has regulations in place to help prevent injuries but when these regulations go ignored injuries happen. Here are some of the most common injuries faced on a construction site: 

  • Falling from Heights – A worker, or anyone on the construction site, may fall from a building, scaffolding, or a piece of machinery to the ground below. There can also be deep holes or ditches on a construction site that may be a risk for a great fall if someone were to fall into them. 
  • Trench Collapse – For those who work underground, a trench collapse can be devastating. The worker can have their air supply cut off, be buried alive, or suffer injuries from falling debris in the tunnel. 
  • Collapsed Scaffolding- There are strict rules to ensure that scaffolding is stable and safe before use. However, things can still go wrong and workers can fall to their death or sustain serious injuries from falling. 
  • Electric Shock – Often there are power tools, generators, and machinery that all require some form of electricity. There is often a need to do electrical wiring as well. If the right safety precautions aren’t taken then workers can risk getting a serious electric shock or even electrical burns. 
  • Failing to Use Protective Gear – Hardhats, safety glasses, and other personal protective equipment are important to use on a construction site. If one doesn’t wear them, they can risk serious injuries. Safety glasses have been known to save lives and hard hats help prevent head injuries from falling objects.
  • Repetitive Motion Injuries  – Often workers are asked to do the same task over and over again. This can cause wear and tear on the body which means the muscles and soft tissues can become damaged. This can limit mobility and cause serious pain to the point of missing work. 
  • Burnes – Burns are another common injury as they can happen with high temperatures or even chemical burns. Without the proper gear, these burns can be serious or even life-threatening.

Construction sites can have many dangers. That is why if you or a loved one were hurt on a construction site it is in your best interest to talk to a Memphis injury law firm like Patterson Bray, PLLC today. 

It is no secret that construction sites are dangerous places and that is why if you were injured you should seek more information from a Memphis injury law firm. The work at these places is very physical and often workers have to climb to great heights, use powerful machinery, or even work on roads where traffic accidents can happen. Because of this, construction workers can face serious injuries while on the job.

If you have been hurt on a construction site, then you know that the injuries and pain can be life-changing. Don’t hesitate to reach out to a lawyer today.

Are Semi Trucks Dangerous?

There are plenty of reasons as to why a semi truck can be dangerous. The answer is they are just as dangerous as you make them. Here are some of the reasons a big truck can be dangerous:

Cargo Loads

These big trucks haul heavy loads all over the roads and highways. These loads can be anything from industrial products to consumer goods. These can range from enclosed bed trucks to the open bed trucks you see as well. The important thing is that the cargo is loaded, weighed, balanced, secured, and labeled correctly. If a load isn’t loaded correctly the balance of the truck could be off and then it becomes a danger on the road. Before leaving a truck should be checked over to make sure that everything is secured and there is no risk for the load to become dangerous.

Truck Driver Errors

When an inexperienced driver or inadequately trained driver gets behind the wheel a semi can be even more dangerous. These are vehicles that require training and experience to drive. A fresh driver could be too jumpy and cause an accident by reacting to a situation too quickly and dangerously. Likewise, drivers who falsify logbooks, drive more hours than regulations allow, or drive while under the influence also put people at risk.

Two of the biggest reasons there are accidents on the driver error side are distracted driving and exhausted driving. Distracted driving is dangerous even in a passenger vehicle, but in a truck, there is more at risk. Some of the distractions are as easy as eating or changing the radio. Anything that takes the driver’s attention away from the road can cause an accident.

Exhausted driving is just as dangerous. Often the reason for drivers to work longer hours is they are offered more money to get their load to the destination faster. Driver fatigue is easily avoidable but it is often drivers who push themselves that pose a danger to everyone on the road, including themselves.

Big trucks can be dangerous but there are precautions and ways to make them safer for everyone on the road. When it comes to a truck accident, don’t try to handle it alone. Contact a truck accident lawyer in Memphis Tennessee, like the dedicated team at Patterson Bray, PLLC for more information about what we can do for you today and any questions you may have.

When looking at the sheer size of a semi it isn’t much of a shock to see it do damage during an accident, and that is why contacting a truck accident lawyer in Memphis, TN is often in your best interest. It isn’t a secret that a large truck is a dangerous mode of transportation for a variety of reasons. They simply can’t stop quickly, they are massive, and they can weigh anywhere from 10,000 to 26,000 pounds or more. 

Steps To Help You Find A Memphis Truck Accident Lawyer

A truck accident lawyer in Memphis, TN can help you win your case if you were injured in a truck accident due to the negligence of another party. Hiring a lawyer is important because it helps you recover damages from the person responsible for the crash.

Truck accidents are different from other auto accident cases because they involve more parties and require more extensive investigations. A truck accident lawyer has the experience and knowledge to handle these more complex cases. With the help of a truck accident lawyer from Patterson Bray PLLC, you can pursue compensation for your injuries.

The steps below will help you find a truck accident lawyer in Memphis, TN to represent you.

Assess your situation

The first step is to assess your case. Consider whether or not the truck accident was your fault or if the other driver was at fault. If it was your fault, you may not have a strong case for compensation, but if it was the other driver’s fault, you may have a strong case for compensation. You can use this information to guide your search for a  truck accident lawyer in Memphis, TN who is willing to take on your case and fight for fair compensation.

Investigate Your Accident

Your first step after being involved in a truck accident should be seeking medical attention for any injuries that you suffered. After that, it is important to contact an attorney right away so he or she can start investigating your accident as soon as possible. The longer you wait, the harder it will be for your truck accident lawyer in Memphis, TN to gather evidence, locate witnesses, and build a strong case on your behalf.

A truck accident is a severe and traumatic event that can have a long-lasting and profound impact on your life. If you or a loved one has been involved in a truck accident, you may be entitled to compensation for your injuries and losses.

Hire a Truck Accident Lawyer

A truck accident lawyer in Memphis, TN is a legal representative who is specially trained to handle cases involving truck accidents. Truck accidents are complex due to the large size of commercial trucks and the potential for dangerous cargo. A truck accident lawyer in Memphis, TN from Patterson Bray PLLC is specially trained to understand these complexities, as well as the laws that govern them.

There are many reasons why people get into truck accidents, including reckless driving, poor road conditions, and mechanical issues with the truck. The most common cause of truck accidents is driver negligence, which includes DUI/DWI, speeding, distracted driving, and various traffic violations. If a driver is not properly trained or does not adhere to state and federal regulations, that could also contribute to a collision.

If you were injured in a truck accident due to any of these factors, you may be entitled to compensation for your injuries and losses. You should contact an experienced truck accident lawyer in Memphis, TN from Patterson Bray PLLC as soon as possible so that they can begin investigating the facts of your case and determine how best to proceed with your claim.

What Are Common Types Of Truck Accidents? 

A seasoned truck accident lawyer handles many different types of cases, from drunk driving accidents to road rage incidents. Some of the most common types of truck accident cases that a lawyer often assists clients with include front-end accidents, rear-end accidents, T-bone accidents, jackknife accidents, and rollover accidents. In many cases, accidents are preventable and are a result of reckless or distracted driving. 

Why should I not admit fault or accept blame? 

Knowing how to protect your legal rights after a truck accident is crucial. You want to be careful that you don’t implicate yourself in an accident. Even if you were partially at fault in an accident, you should not admit fault or accept blame, because it could severely damage your case. You should only discuss your case with a qualified lawyer, and not provide any kind of apology to the other driver or local authorities. Receive counsel from a trusted lawyer so that you do not accidentally say the wrong thing. 

What parties can I file a lawsuit against?

In a truck accident, there are often multiple parties involved. Apart from the truck driver and carrier, there are other parties who may be held liable. This includes the manufacturer, third party vendor, and shipper. It can take time to determine all of the parties that may have played a role in an accident. 

You can receive legal assistance from a competent lawyer like one from Patterson Bray PLLC who can skillfully advocate for you. No matter how you were injured in a truck accident, a skilled lawyer can evaluate your case to determine who is at fault and pursue them. They have helped clients with a wide range of scenarios, so they know how to approach each type of case. Schedule a risk-free consultation with a trusted Memphis, TN-based truck accident lawyer now if you need legal assistance after suffering injuries in an accident.

A truck accident can be a life-changing and shocking experience, as a truck accident lawyer in Memphis, TN knows. If you have suffered injuries in any kind of truck accident, such as front end collisions, rear end accidents, sideswipe accidents and others, you may benefit from reaching out to a qualified lawyer who can advocate on your behalf. You should take the time to explore your legal options and determine if you are eligible to recover financial compensation. Below are some common questions that a Memphis, TN-based truck accident lawyer such as one at Patterson Bray PLLC typically receives from accident victims during a consultation. 

Is it worth hiring an accident lawyer? 

Navigating a complex truck accident claim can be a challenge if you do not have sufficient understanding of the law, and are not sure where to move forward. Hiring a qualified personal injury lawyer who has extensive experience handling cases is worth the investment. You should hire a lawyer who has years of experience in litigation, achieving excellent results for their clients. Find a lawyer who has experience working on cases that have similar elements to yours. If you want to understand your legal options, reach out to our office and give us a call now to get started.