What Happens if the Other Driver was Uninsured?

ou are required by law to insure your vehicle, which makes it all the more important to contact a qualified car accident lawyer in Memphis, Tennessee, if an uninsured driver hits your vehicle. While the majority of people on the road drive responsibly and have solid insurance for their cars, there is always the unfortunate possibility of being hit by someone who has neglected to insure their vehicle. In these cases, it’s important to contact your insurance provider to ensure you receive enough compensation (after all, it’s what you pay them for).

If you’ve been involved in a car accident with an uninsured driver, you might be feeling a little overwhelmed and a little frustrated. However, it helps to look at your situation rationally, and it’s always a good idea to contact a car accident lawyer if you want to pursue additional compensation – or if you’re just wondering if that option would be possible in your case. Every car accident is different, and having an expert walk you through your next steps means having a knowledgeable friend on your side when things are hardest for you.

After an Accident With an Uninsured Driver

It’s frustrating. You have insurance, and the other driver didn’t, and now you’re stuck filing a claim with your insurance company and wondering if it would just be easier to pay out of pocket for your repairs. Being hit by an uninsured driver is almost like being involved in a hit-and-run: in both cases, a driver is being grossly irresponsible and breaking the law, and in both cases an ordinary law-abiding driver gets to deal with the headache. And while you filed a claim with your insurance provider, they could be taking a long time to get you the payment you need.

Many insurance companies take good care of their customers. However, there are just as many that purposefully hold onto your money for as long as possible. Insurance companies make lots of money by holding onto money and letting it generate interest, so you might need a helping hand to persuade them to hand over your compensation as soon as possible. Fortunately, a car accident lawyer in Memphis, TN, is just the helping hand you need.

What a Car Accident Lawyer Can Do for You

Every car accident means trouble, even if the other driver had proper insurance. You could be looking at costly repair fees, and even more costly medical bills. In an ideal world, insurance would cover the full cost of an accident, but there’s no telling how expensive medical care can be, and there’s no telling how difficult it can be to balance your financial obligations while you’re stuck recovering. Lost wages can make a huge dent in your finances, and if you were relying on paychecks to stay afloat, you could find yourself sinking into a debt, fast.

A car accident lawyer can help you determine if any other parties could be held at fault for your accident, and they can negotiate with stingy insurance companies to make sure you get the money you deserve for the recovery you need. Don’t hesitate to reach out to a qualified car accident lawyer in Memphis, TN – get in touch with Patterson Bray today.

Why You Should Hire a Car Accident Lawyer

If you’ve been in a recent car accident, you are undoubtedly dealing with many difficult decisions. Even if both you and the other driver were completely insured, the aftermath of a car accident is exhausting. Depending on the severity of the collision, you could be looking at hospital bills and car repairs, all with due dates. If you want to take some stress out of your life, hire an experienced and reliable car accident lawyer. They can help you manage your recovery and navigate any legal processes.

Help With Liability Claims

One of the things a car accident lawyer in Memphis, TN, can help you with is liability issues. No matter what the circumstances of your accident are, there is a liable party. If you’re trying to deal with the aftermath of your accident alone, any liability issues can be confusing. If you hire a lawyer from Patterson Bray, you can get help with any liability claims you’re facing. The knowledge a practiced lawyer has is invaluable and could help your case immensely.

Experience With Settlements

Another thing a Patterson Bray attorney can help you with is a settlement. Many insurance companies will push for a settlement before a case goes to court, but they may not offer you the appropriate amount for the circumstances of your accident. If you feel like you’re not getting a sufficient enough settlement, contact a car accident lawyer in Memphis, TN. They can help navigate the negotiation process and ensure you get the correct settlement. The experience an attorney has could make all the difference in the size of the payout you receive.

Investigation Into Your Case

Finally, an experienced car accident lawyer in Memphis, TN, can conduct a thorough investigation of your case. In any liability case, it’s easy for inexperienced people to miss relevant details. These details could make the difference between a win or a loss in court, so it’s important to have all your information together. In a car accident lawsuit, there are different physicians and professionals your lawyer needs to contact. Each of their testimonies will help build your case and solidify your claim. An experienced attorney, such as those at Patterson Bray, can ensure everyone relevant to your case is heard from. A lawyer who knows the ins and outs of the legal system is your greatest asset when you’ve been in an accident.

Ensure Your Coverage

If you have serious injuries from a car accident and the case seems like it won’t go in your favor, speak with an experienced car accident lawyer. They will help you present your case as fairly and honestly as possible while protecting your rights to coverage, especially when the accident was the other party’s fault.

What Is a Compulsory Medical Examination?

A compulsory medical examination (CME) is a tool used by insurance companies and insurance defense lawyers, often to work injury claims to their advantage. Insurance companies retain a group of doctors to examine car accident injuries, and some people claim these doctors, hired by the defense, are paid very well to minimize the severity of your injuries. Granted, insurance fraud costs insurance companies billions of dollars every year, and so they might even hire an investigator to watch and videotape you traveling from your home to work to see if you are faking your injuries.

Car insurance policies have two clauses that require different things from you as the policyholder:

  • That you comply with requests by the insurance company.
  • That you attend a physical exam by one of their doctors, and potentially more than once.

The whole purpose of this exam is to either deny coverage for your injuries or to reduce what they will owe you in the end.

Two-Part Exam

There are two parts to the exam:

  • Oral: The doctor will speak with you for about 20 minutes and make notes, not only about what your observations of your injuries are but also your conduct throughout the visit.
  • Physical: The doctor will examine your injuries for about 10 minutes and record your symptoms.

If you ever have to go through this type of exam, it’s important to remember that this is not your doctor. This is someone with a bias that will try to disprove as much of your case as they can in their reports. So, it’s better to be polite but not overly friendly with them and stick with the facts when describing any pain or injuries. Make sure to be ready to accurately describe the pain, movement restrictions, daily tasks that have become more difficult, etc. You should also prepare an accurate description of your medical history.

Many lawyers recommend that you schedule a visit with your doctor on the same day as your CME, so they can compare the two reports. In some cases, your lawyer at Patterson Bray will request a video recording while the CME is going on just to prove how little they do during the exam and whether they are ignoring obvious signs of injury.

Why Work With A Memphis Personal Injury Lawyer

Technically you have the right to represent yourself and file a personal injury claim on your own. Unless your injuries are very minor, however, it is advisable to turn to a lawyer for representation. Because most lawyers work on a contingency fee basis, you risk nothing except a small fraction of your time. More importantly, you may take advantage of the following benefits:

1. Fair Compensation

When you file a claim, some insurance adjustors do whatever it takes to get you to settle for the amount they are offering you. In fact, they might tell you that this amount is more than what a lawyer will get you, or they may attempt to persuade you through other manipulative statements. Remember, it is their job to pay out as little as possible. By working with a personal injury lawyer Memphis, TN has to offer, you can feel confident in knowing that you are demanding the compensation that you deserve — and this amount may be much higher than the initial offer from the insurance company.

2. Protection of Your Rights

Many people who do not have a degree in law lack a full understanding of their legal rights. This leaves the door open for insurance companies, investigators, or other parties to implement clever tactics, that may infringe upon your rights. By retaining a personal injury lawyer Memphis, TN trusts, your rights will be protected to ensure you do not get taken advantage of or led in the wrong direction.

3. Full Investigation of Your Claim

Personal injury claims often have a lot of evidence that can help your defense, but this evidence may be easily overlooked or disregarded. This is especially true in complicated cases that may be worth millions of dollars. A personal injury lawyer Memphis, TN provides can assess the current evidence and make a deducted decision on whether or not a second or third private investigation is needed. If so, the costs could be covered and taken out of your winning amount.

4. Legal Support and a Friendly Shoulder to Lean On

Finally, by choosing to have a personal injury lawyer in Memphis, TN on your side, you can feel peace of mind in knowing that you have the utmost support to reach out to during these turbulent times.

If you are ready to schedule a consultation with Patterson Bray, a personal injury lawyer Memphis, TN respects, please call 901.372.5003.

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.