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In Personal Injury

Law FAQ: What should I do if I’m seriously injured in a car wreck?

Law FAQ: What should I do if I’m seriously injured in a car wreck?

We have a helpful list of DOs & DON’Ts in the Auto Accident FAQ section of our website.  Here are a few examples:

DO — call the police and be courteous to the other driver and any emergency personnel who come to the accident scene. If the other driver is confrontational or angry, then stay in your vehicle and wait for the police to arrive.

DON’T — move your vehicle until instructed by emergency personnel.

DO — report the accident to your own auto insurance carrier immediately. Our lawyers can handle this for you after we have been retained. (Click here to read more info about your own UM coverage, and click here for more info about not having to worry about your rates going up simply by submitting a UM claim to your own insurance carrier.)

DON’T — make comments at the accident scene or to insurance adjusters like “I’m okay” or “I’m not hurt.” A few days may pass before the full extent … Read the rest

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September 23, 2011
In Civil Litigation, Contracts, Personal Injury

Smoke Detectors in Apartments

Smoke Detectors in Apartments

Let’s talk about the law on smoke detectors in apartments and rental homes in Tennessee. What should a landlord do? What about a tenant? Do you have a case? Below are questions some of you might have:

Q:  I own and lease a rental house in in Memphis, Tennessee.  Am I required to provide smoke detectors for the tenants who live in the house?

Q:  I rent a house in Germantown, Tennessee, and there was a fire at night.  There were no smoke detectors in the house, and by the time I woke up and called 911 the fire had spread so far that the firemen weren’t able to save anything.  What are my legal rights?

Law on Smoke Detectors in Tennessee

Under Tennessee law, a landlord must install and maintain smoke detectors in any residential unit offered for lease or rent.  Specifically, Tennessee Code Annotated 68-102-151 provides that it is:

unlawful to…[o]wn or operate a one-family or two-family rental unit without installing an approved smoke detector in each living unit; when activated, the detector

… Read the rest Continue Reading
September 9, 2011
In Personal Injury

Law FAQ: Will my insurance premium go up if I get hit by a uninsured driver and have no choice but to submit a claim on my own UM coverage?

Law FAQ: Will my insurance premium go up if I get hit by a uninsured driver and have no choice but to submit a claim on my own UM coverage?

I explained in a recent blog post about how Uninsured/Underinsured (UM) insurance coverage works, and how your UM coverage basically kicks in to protect you in the event you are involved a car wreck or auto related accident with someone who has little or no insurance.

We’ve found that our clients who find themselves in this situation are frequently worried about making a claim on their own insurance.  Indeed, clients often say something along the following lines:

“The car wreck wasn’t my fault, so why should I have to put this on my insurance?  That’s not fair.  I can’t afford for my insurance premium to go up, or worse yet — what if they cancel my policy?  I mean, I can’t afford the medical bills and damage to my car either, but maybe I’d be better off in the long run just doing the best I can and forgetting the … Read the rest

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August 24, 2011
In Auto Accident, Civil Litigation, Personal Injury

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

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

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August 19, 2011
In Estate Planning, General, Medical Malpractice, Personal Injury

Patterson Bray — Law FAQ Series: Submit Your Legal Questions!

Patterson Bray — Law FAQ Series: Submit Your Legal Questions!

In thinking about how we might better serve our friends, clients, and prospective clients seeking reliable information on the web about Tennessee law, we decided to start a new series called Law FAQ (Frequently Asked Questions).  Similarly, we will have periodic blog posts regarding current legal news or informative topics called Law Talk.

Using “Question & Answer” format, we will provide a 30-45 second shot of useful information a few times each week.  Sample topics may include personal injury, business law, construction law, commercial litigation, negligence, medical malpractice, technology, estate planning, auto accidents or car wrecks, insurance law, asset protection, civil rights, brain injury, wrongful death, hospital negligence, nursing home abuse, pharmacy error, workers’ compensation, probate, charitable planning, and trusts.  See a sample Law FAQ here.

We also want this series to be interactive, and so we invite you to submit questions or suggested topics by filling out the Contact Form here and including “Law FAQ” in the Subject/Inquiry box.  Please be assured that your … Read the rest

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August 18, 2011
In Medical Malpractice, Personal Injury

Law FAQ: How long do I have to file a legal claim?

Law FAQ: How long do I have to file a legal claim?

The deadline for filing a lawsuit is referred to as the statute of limitation.  The length of time you have to file a lawsuit under Tennessee law depends on the nature of the underlying claim:

Personal Injury — Under Tennessee law, a personal injury claim must generally be filed within 1 year from the date of injury.  Personal injury claims include things like car wrecks, slip and falls, and medical malpractice.  There are some situations where the 1 year deadline can be extended — for example, where an injury cannot reasonably be discovered within the statute of limitation, or where the injury occurs to a minor — however, such exceptions are rare and can be very tricky.  The determination of the precise time period can be complicated, and therefore you should contact a lawyer if you you have a personal injury claim to avoid the risk that you miss an important deadline.  (Other claims that are likewise subject to a 1 year statute of limitation include many state and … Read the rest

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August 10, 2011
In Personal Injury

Law FAQ: I was injured in an accident. What amount of damages can I expect to recover?

Law FAQ: I was injured in an accident. What amount of damages can I expect to recover?

Based on some of the TV commercials and urban myths out there, people are led to believe that if they or a loved one has been injured in an accident that they can expect an easy road to a big, fat check.    Don’t believe everything you hear, though, because that simply is not the case.

If you are injured as the result of the negligence of another person or company, you ARE indeed entitled to a fair recovery for your losses — both economic and non-economic losses.  However, insurance companies and adjusters aren’t in the business of just giving away money willy-nilly.  And neither are juries.

If you have a serious injury, there’s nothing that’s “easy” about the process at all.

Unless you want a quick-and-dirty, low-ball settlement you hear about on TV, then you should consult an experienced attorney who will evaluate the facts, determine the strength of your claim, and then actually do the hard work that it takes to secure … Read the rest

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August 9, 2011
In Medical Malpractice, Personal Injury, Uncategorized

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

Recognize Pharmacy Errors

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

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

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

It could save your life.

Need a Lawyer?

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

 

Patterson Bray PLLC

8001 Centerview Parkway, Suite 103

Memphis, Tennessee 38018

(901) 372-5003 Office

www.pattersonbray.com… Read the rest

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January 1, 2010