Insurance Claims After An Accident

When your Memphis personal injury lawyer files a claim on your behalf with an insurance company, there are several different types of damages that he or she may pursue. Compensation for medical expenses may be awarded, as well as lost wages from being unable to work. Pain and suffering, emotional anguish, and other losses you have suffered might also be included in an injury claim.

The claim your attorney files will likely be either a first-party claim or a third-party claim. A first-party claim is one where you file a claim for your injuries with your own insurance company. This may happen if the accident was your own fault, or if you live in a “no fault” states. In these states, you file a claim with your own insurer regardless of who caused the accident. Other reasons why you might file a first-party claim for your injury would be if you were injured in a hit and run accident, if the other driver was underinsured, or if the other driver had no auto insurance. A personal injury lawyer Memphis, TN has to offer may help you navigate these complex situations.

A third-party claim is when you file a claim with another party’s insurance company. If a car accident was the other driver’s fault, your attorney may file the claim with that driver’s insurance company. If you were a passenger in someone’s vehicle and they crashed, the claim would be filed against the driver’s insurance company.

A third-party claim would also be filed if you were injured in a premises liability accident, such as in a shopping mall or business.

What an Injury Attorney May Do

Whether you are injured in a car crash, shopping mall, or someone’s home, a claim should be reported to the insurance company within a day or two after the accident. Once a claim is opened, the insurance company will begin an investigation of the accident to determine if your claim is valid.

The insurance company will make their determination, and if they find that their client was at fault, they will likely offer a settlement. In many situations, the settlement the company offers is less than what the victim deserves, or the insurance company drags out the claim in an attempt to discourage the victim.

Another result may be that they will deny the claim completely. This is why it is imperative to have a seasoned personal injury lawyer Memphis, TN residents depend on advocating for you.

Let a Personal Injury Lawyer in Memphis, TN Fight for You

If you have been injured in an accident, you do not have to go through the insurance process alone. Contact a personal injury lawyer Memphis, TN families trust from Patterson Bray at 901.372.5003 to find out how we may be able to help.

A personal injury lawyer Memphis, TN can provide likely knows how complicated insurance policies can be. This is especially true for vehicle-related accidents. When you are injured in a car accident caused by another party’s negligence or recklessness, you’ll likely file a claim with the at-fault party’s insurance company or, in some situations, with your own insurer. Tips on Filing a Personal Injury Lawsuit.

At Patterson Bray, we have been helping victims obtain the financial compensation they deserve for their injuries for many years. If you have been injured in an accident, consider contacting a personal injury lawyer Memphis, TN from our legal team to find out if you’re entitled to damages.

Types of Personal Injury Cases

There are a variety of ways that a person may succumb to an accident. If you have sustained damages such as injuries or financial loss, you may consider taking legal action in the form of a personal injury claim with our Memphis personal injury law firm. Taking legal action is a way to obtain damages from the party responsible for the accident. There are many ways that a personal injury case can occur. Our passionate team has represented a wide range of personal injury cases:

• Car Accidents
• Medical Malpractice
• Trucking Accidents
• Injuries in the 
• Workplace
• Premises Liability

Our Memphis personal injury law firm may first recommend that you first pursue an insurance claim in an attempt to settle your case outside of the courtroom. Victims have the advantage of resolving their case in as timely a manner as possible. While, in some cases, we may recommend filing a lawsuit, we will first work to resolve your case through the insurance claims process. 

Signs You Need Help from a Memphis Personal Injury Law Firm

In the wake of an accident, you may be unsure of whether it’s in your best interest to take legal action. There are many reasons for this. You may not be sure of whether you have a valid claim against the responsible party, or the idea of paying for a lawyer may give you pause. Here are some signs that may indicate the need for our Memphis personal injury law firm: 

• You have been seriously injured and required medical treatment as a result
• You are facing long term or permanent disabilities 
• You are unable to work following the accident, causing lost wages and missed time away from work
• You believe there was another party responsible for the accident
• You have evidence that can support your case

Even if you are unsure, taking the time to at least meet with our Memphis personal injury lawyer will give us the ability to review your case and provide you with a clear direction moving forward. 

Patterson Bray is a Memphis personal injury law firm that understands the impact an accident can have on victims. In an instant, your entire life may change, leaving you with the harsh reality that the life you once knew may no longer be. Tennessee accident victims should carefully consider contacting the experienced lawyers at Patterson Bray. We are well versed in personal injury claims and have handled a vast range of personal injury cases. Contacting our personal injury law firm based in Memphis right from the start can provide you with the support and guidance you need in your time of need. To ensure that you retain the right legal team for the job, schedule your complimentary consultation with us today. 

Contact us today to schedule your complimentary consultation. Our legal team is prepared to help you. For more information, contact Patterson Bray, a Memphis personal injury law firm that is prepared to provide you with the representation that you deserve. 

The Basics of Personal Injury Lawsuits

When you or someone you love suffers an injury through someone else’s negligence, it may be tough to recover. Financial devastation may occur as a result of medical bills and a lack of income. Filing a personal injury case against the responsible party may be the best way to try and recoup some of what you lost. Understanding how the process of the litigation and the recovery of damages occurs may better prepare you for the road ahead. Lawsuit Filed  When a lawsuit is filed, the court dictates proper procedures. Your Memphis personal injury lawyer and the opposing side will go through a period of discovery; or rather, the time when all evidence relating to the incident that caused injury is exchanged. These include your medical records, work records, and any other pertinent info that would help a judge determine the outcome of your case. The Trial  If the parties involved cannot settle, the case proceeds to court. It is here that a judge, and possibly a jury, will hear the allegations and facts of the case side by side. There may be witness testimony including experts who may testify on behalf of either party. These individuals review the evidence and provide an opinion on a specific element of the case, such as medical diagnosis, treatment and mechanics of the incident. During this time, you can feel confident in knowing your Memphis personal injury attorney from Patterson Bray, will be at your side. Damages Finally, the judge or jury will evaluate the case. During this process, special attention is paid to the severity of the negligence, the impact the injury has on you, and any other outside factors that may impact your life. Your Memphis personal injury attorney will likely put forth a figure that you hope to recover, often referred to as damages. In a personal injury case, three types of damages may be imposed: Compensatory: A reimbursement of all the money you lost as a result of the injury. This includes medical bills, lost wages, therapy, medication, and any other amount you paid or lost. General: A less palpable figure awarded that takes into account your suffering and pain, mental anguish, and any loss of marital intimacy resulting from the injury. Punitive: In cases of extreme negligence, the court may seek to punish the defendant and award you money above and beyond what you asked. The imposition of punitive damages ranges from state to state, and as such, knowing the law where you live may help you understand the chances of getting this type of damage. When another person’s negligence or wrongdoing caused you harm, you may have the right to file a personal injury claim. Although you can do so on you own, it is not recommended without the assistance of a Memphis personal injury lawyer. At Patterson Bray, we have helped a broad number of individuals and families recover damages from vehicular accidents, slip and falls, premises liability accidents, and more. In general, we are able to successfully resolve a case before it reaches the stage of a lawsuit. However, in about 5% of cases, they will go to court and be heard before a judge and jury. If this happens to you, it will be important to understand the basics of personal injury lawsuits. Personal injury cases can be challenging to understand and usually result from a painful injury. Asking your Memphis personal injury attorney to set expectations for your case may be the best way to alleviate stress and avoid misunderstanding. Call Patterson Bray, for a consultation and case review.

Driving? It’s Deadly Out There: US Traffic Deaths Hit 16-Year High

Here are the numbers: 42,915 people.

That’s how many people the National Highway Traffic Safety Administration estimates died in motor vehicle crashes last year in the United States. 42,915 lives lost. It’s a 16-year-high statistic; in fact, it’s a 10.5% increase from the previous year. It’s roughly the population of Hackensack, New Jersey. It’s a crisis, and a national tragedy.

But it’s more than that: each of those people whose lives were ended on America’s roads leaves behind an empty seat at the dinner table; many leave behind children, parents and loved ones – unbearable pain. Traffic fatalities don’t just end lives; they tear apart families and disrupt the survivor’s lives.

And they’re happening more and more. (Research places this alarming statistic behind only South Africa and Thailand.)

And here are some of the options for those left behind to pick up the pieces according to our friends at Lesnevich, Marzano-Lesnevich, O’Cathain & O’Cathain, LLC. If a family member is killed in a car crash, what should you do? Here are some suggestions:

• Speak with a licensed therapist. The loss of a family member — be it a primary parent, a beloved cousin, or whomever — is often fraught with grief. Feelings may include rage, survivor’s guilt, self-destructive tendencies, or some combination thereof. It’s understandable not to know how to live through these emotions, and it’s important to know you’re not alone. Consider speaking with a licensed therapist and/or seeking out grief counseling regularly. This is also good advice for your children if they have lost a parent. We all grieve differently, and we often hit certain stages of grief at different times. This means that we don’t always understand why other family members feel the way we do. Grief counseling and therapy will help manage this.
• Take care of your own physical health. Trauma and grief can make us forget about our own physical health. The loss of motivation can mean that we start to lose out on exercise and fall out of our regular routines which have just been torn apart. As best you can, take the steps you need to exercise, sleep, and eat well.
• Consult with a personal injury attorney. There are many, many factors in traffic fatalities. Factors can range from speeding, to distracted driving, to driving under the influence of drugs and/or alcohol, to an overworked truck driver – all resulting in careless driving. The point of filing a lawsuit against the other driver’s insurance company is to get money for what has been taken from you. It is the only way the law knows to compensate victims of trucking crashes and motor vehicle crashes.

A lawsuit can also help you get answers to your questions as to how the fatal crash happened.

Not every family member is allowed to recover compensation from the trauma of losing someone in a trucking crash or car crash. Most cases only allow a financial recovery for parents, spouses, and children.

Contact a personal injury lawyer today for help with your case.

Catastrophic Injury 

Catastrophic Injury

A catastrophic injury is one that happens suddenly, without warning, and leaves its victims with long-term injuries that permanently prevent them from performing gainful work. Catastrophic injuries usually occur in the form of physical harm to the brain or spinal cord, which has severe long-term effects on an individual’s ability to function. However, there are many other common catastrophic injuries. As long as the injury results in a permanent and debilitating injury or deformity, it is typically considered a catastrophic injury.

Common Types of Catastrophic Injury 

Neck & Spinal Cord The most common types of catastrophic injuries are neck and spinal cord injuries. These typically occur from falls, car accidents, or trampoline accidents. Neck and spinal cord injuries are often debilitating and can result in paraplegia or quadriplegia. Victims of these injuries often require lifelong medical care and rehabilitation and also suffer severe emotional trauma from their injuries, such as posttraumatic stress disorder, anxiety, and depression.

Burns Another common type of catastrophic injury is a burn injury. Severe burn injuries nearly always leave victims permanently disfigured and scarred. They also leave their victims with chronic pain and nerve damage. These injuries also require several months or years and multiple surgeries to fully heal. Victims will likely also need skin grafts, plastic surgery, and rehabilitation.

Internal Catastrophic injury also often occurs in the form of internal injuries, particularly from a car accident or other vehicular accident. These types of accidents can result in severe damage to the internal organs and even internal bleeding. Treatment for internal injuries requires months of hospital visits, prolonged hospital stays, and multiple surgeries. Internal injuries might also result in permanent disability. 

Other common forms of catastrophic injury include: 

• Skull fractures 
• Amputations 
• Multiple bone fractures 
• Chronic illness 
• Birth injuries

Common Causes of Catastrophic Injuries 

Some of the most common causes of catastrophic injuries include but are not limited to: 

• Car accidents 
• Falls from high surfaces 
• Sports injuries
• Defective medical devices
• Construction accidents 
• Fires and explosions 
• Intentional acts of violence

Catastrophic Injury Lawsuits 

Victims of catastrophic injuries may file a lawsuit to receive compensation for their injuries and many victims rely on a good personal injury lawyer such as the ones on the team at the law office of Eglet Adams. Victims are often entitled to receive compensation for their medical expenses, including surgery, rehabilitation, medications, and medical devices. 

Many people who are catastrophically injured, such as many brain and spinal cord injury victims, will usually need long-term care, medication, and the assistance of medical devices. Victims of catastrophic injuries are often entitled to receive compensation for any lost wages they incurred, including potential future earnings if their injury will forever prevent them from doing the same job as the kind they had prior to their injury. 

Catastrophic injury victims may be entitled to receive compensation for emotional damage they suffered as a result of their injury. When they prevail, the plaintiff’s damages in a catastrophic injury lawsuit are often substantial. If a plaintiff is found to be partially at fault for causing the accident, the plaintiff’s damages will be reduced by any percentage they were partially or comparatively at fault for.

When choosing an attorney to represent you in a catastrophic injury lawsuit, it is important to look for one with significant trial experience. Even if the case doesn’t go to trial, an attorney with extensive trial experience will have more leverage when negotiating with the defense attorney in the case. 

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.