In Auto Accident, Civil Litigation, Personal Injury

Texting and Walking? Advice from a 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 … Read the rest

March 1, 2016

In Auto Accident, Business Litigation, Civil Litigation, Personal Injury, Uncategorized

Can my Fitbit be used as evidence against me?

By: Erin Shea

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 … Read the rest

February 17, 2016

In Auto Accident, Business Litigation, Civil Litigation, Contracts, Estate Planning, General, Government, Medical Malpractice, Personal Injury

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

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 … Read the rest

February 3, 2016

In Auto Accident, Civil Litigation, Personal Injury

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 … Read the rest

January 22, 2016

In Auto Accident, Business Litigation, Civil Litigation, Contracts, General, Personal Injury

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 … Read the rest

January 20, 2016

In Auto Accident, Civil Litigation, Personal Injury

Medical Care After a Car Wreck

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 … Read the rest

December 22, 2015

In Auto Accident, Personal Injury

Partially at Fault in a Car Wreck in Tennessee?

Law FAQ: I was in a car wreck in Tennessee, and I may be partially at fault. Do I still have a legal claim?

ANSWER: Maybe.

You can take comfort in the fact that “slam dunk” cases rarely exist. There are 2 sides to almost every story. Indeed, real life is never quite so neat and tidy. Many car crashes are the result of a number of related factors, circumstances and events on both sides that – when combined together – cause accidents to occur.

For example, someone might have run a red light and pulled out in front of you; however, you might have contributed to the problem by speeding, or not wearing your seat belt, or not paying as close attention to the road as perhaps you should have been. Thus, while you didn’t necessarily cause the wreck, you may be wondering whether your own speed or inattention may have increased the amount of damage or injury caused.

And so the question is: do you still have a legal … Read the rest

May 22, 2012

In Auto Accident

Car Wreck Case- What is negligence by the other driver?

In a car wreck case, or any other case, “negligence” is the legal term for failing to exercise reasonable care and caution under a given set of circumstances. It is commonly referred to as “the ordinary, reasonable person” standard. Legal liability is assessed when a person fails to follow society’s most basic “rules of the road” so to speak.

Examples of negligence

Some examples of negligence might include:

Running a red light and causing a car wreck.
A hurried doctor who fails to follow correct protocol and thus fails to diagnose a curable disease.
A nurse who fails to check the medical chart and who then dispenses the wrong medication.
A store owner who fails to mop up a known puddle on the floor.
A pharmacist who dispenses the wrong dosage of medication.
A contractor who fails to adhere to building plans or skirts building codes.
A child care center that fails to conduct background checks before hiring employees to care for children unsupervised.
A lawyer who fails to

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April 25, 2012

In Auto Accident, Business Litigation, Civil Litigation, Contracts, General, Personal Injury

What is a Deposition? Law FAQ

What is a Deposition?

A deposition is similar to a witness testifying in court, except that it occurs in an out-of-court setting. A witness at a deposition is referred to as the “deponent.” A deposition usually takes place in a lawyer’s conference room, although I’ve personally been involved in depositions that took place in homes, hospitals, and even over the telephone.

It’s a chance for lawyers to ask questions and get answers from a witness under oath. A court reporter is present to make a record of the questions and answers, which is then usually reduced to writing in what’s called a “transcript” of the proceedings. Sometimes a videographer will also be there to film the testimony.

Depositions are part of the “discovery” process of a lawsuit. Each side has the right to discover information about the other side’s allegations. This is accomplished by things like written questions, production of documents, inspection of property, independent medical exams, and depositions. Rule 30 of the Tennessee Rules of Civil Procedure governs depositions in Tennessee.

Do

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December 16, 2011

In Auto Accident, Civil Litigation, Personal Injury

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

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

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

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

In insurance lingo, uninsured/underinsured motorist coverage is typically referred to as “UM coverage.” UM coverage is included as part of your own liability policy, and it is usually the same amount as your liability coverage. … Read the rest

August 19, 2011