Don't expect the truth from an insurance company if you've been in car wreck!

I recently had a new client come into my office. This client was hurt in a car wreck in Memphis when she was stopped at a stop sign the other driver plowed into her from behind at a high rate of speed. Let's call her Client A.

Client A decided that she would try to settle the case on her own. She contacted the other driver's insurance company and began to work with them to settle the case. Over the course of several months of negotiations the insurance company kept telling her they would settle "next week". However "next week" always came and went without anything ever happening.

The truth of the matter is that the insurance company didn't want to settle. They are in the business of making money. And the less money they pay to settle claims, or even never settle claims, the more profit they can put in their pockets.

Eventually Client A became concerned. As the statute of limitations was soon expiring on her case she came to our firm. Luckily she did this in time and we were able to preserve her case in order for her to receive money to help in her recuperation.

In Client A's case the insurance company almost won. Their tactic of delay, delay, delay almost cost Client A by letting the statue of limitations expire. If that would have happened then Client A would not be able to recover anything.

Always remember this, the insurance companies are NOT looking out for your best interest. The only thing they are concerned about is their bottom line. If you are tackling an accident or injury case on your own be very aware of what is going on. And always understand when your potential case will expire!

 

Tennessee Legislature denies bill that would have capped amount in Nursing home abuse lawsuits

Last week Commercial Appeal columnist Richard Locker wrote about a bill that just died in the Tennessee House of Representatives – a bill meant to limit the amount of damages one could seek from nursing homes in liability lawsuits. The bill was meant to cap two kinds of losses: “noneconomic” (meaning pain, suffering, etc.) and punitive damages. Noneconomic losses would have been capped at $300,000, while punitive damages would have been capped on a sliding scale from $300,000 to $1.5 million.

We have to agree with the AARP argument in this case – if you cap the amounts that these nursing homes can pay out, you are likely to decrease the quality of care they will provide. If they know they can get away with a sub-standard basis of care and only be liable for paying out a limited specified amount, they will probably push the limits on how poorly they can perform before paying out limited monies in liability lawsuits. In fact, the article states that in a study run on states that have capped payouts, the overall quality of health care has declined measurably. On the other hand, states that have enacted quality standards have seen lawsuits decrease. 

Because the bill did not move forward as the result of a tied vote, it could come back up as a possibility next year. What do you think Tennessee should do – move to cap payouts, or move to enact quality standards?

What Makes a Great Memphis Trial Lawyer?

 As many of you may well know there has been a very well publicized feud between two Memphis area personal injury lawyers. The subject of the feud is whether or not Corey B. Trotz should be classified as as Top "100" Trial Lawyer. Another Memphis accident and personal injury lawyer is calling Mr. Trotz a great businessman, but not such a great trial attorney.

My friend Jonathon Stein wrote a great post on his California Person Injury and Insurance Blog about the feud. He did such a great job summing up the situation that I'm going to leave it up to his post to express my feelings. 

"What Makes A Great Trial Lawyer"

This is always a fascinating argument. Here is the debate out of Memphis, TN from my friend James Ferrell.

This is simple from my perspective. First, if you want to call yourself a trial attorney, you need to try cases. That is what people think of when they think of trial attorneys. They think of an attorney who is in court.

Second, if you are looking to hire an attorney, you want a trial attorney. Why? Because that person will get more respect from the insurance companies. They know that an attorney who tries these cases will cost them more money. And they know they can, and often do, lose. Additionally, the insurance company knows that they do not have to make a fair offer to an attorney who does not try cases because there is no downside to them. They know he will settle the case at some point.

A trial attorney: someone who actually tries cases. And that is who you want on your side if you have been involved in a car accident.  

"TV and billboard lawyers" -- most personal injury law firms on TV and billboard ads lack solid professional track records

Although Ken Shigley is a practicing attorney in Atlanta and isn't a Memphis personal injury or accident lawyer I wanted to share his latest blog post with all of my readers. Ken has written an exceptional post concerning "billboard" and "tv lawyers". Even though he is writing about Atlanta, the same thing rings true here in Memphis, Tennessee and Northern Mississppi.

As a serious personal injury attorney in Atlanta, Georgia, I am frankly embarrassed by the inundation of billboards and TV ads for personal injury lawyers who have little respect within the profession and seldom if ever set foot in a courtroom. 

If you or a loved one has a serious injury or wrongful death case, you would do better throwing a dart at the attorneys section of the phone book than choosing a lawyer on the basis of a billboard or a 30 second TV ad. At least you would have a chance of getting to a decent, honest attorney who would know how to identify a specialist for an appropriate referral, rather than a "mill" that focuses on volume and accepts low offers rather than doing the hard work of litigation.

Continue Reading...

Have you tried to settle your own car wreck or injury claim?

Does this sound familiar? Probably so if you tried to settle your own Tennessee or Mississippi accident or injury case.

I had a phone call today from someone who was injured in a car wreck here in Memphis back in November, let’s call her Lady A. She had been injured in a car wreck which was no fault of her own and the at-fault driver did not have any insurance. When Lady A attempted to recover for the damages done to her vehicle, medical bills and lost wages her insurance company, which she pays monthly premiums to, only offered to pay her a small percentage of these costs.

What should Lady A do?

Luckily Lady A had ordered my book “7 Deadly Mistakes That Can KILL Your Memphis Accident Case” and read it. She knew that she needed to get tougher with the insurance adjuster if she wanted to handle the claim on her own. When she called my office I gave her a few other tips to help her collect the most that she can for her injuries. Hopefully she’ll get the money she is owed and will be able to handle her case. However, adjusters can be very tough to deal with and very aggressive. She asked me if I would agree to accept her case if she wasn’t able to reach a successful settlement on her own. I’m betting that I’ll be getting a call within the next week to help her handle this “smooth talking” adjuster.

Lady A’s case is similar to what a lot of my clients go through. They originally try to handle their car wreck or injury claim on their own, only to be frustrated by adjusters who are only there to make a profit for their company and not to help an injured client. At that point they turn to a good injury or accident lawyer here in Memphis to help them with their case. As attorneys who deal with insurance companies and adjusters on a daily basis, we can help you get what’s owed. Without all of the hassle of doing it on your own.

Yes, I'm a Memphis personal injury lawyer who loves Disney - But not frivolous lawsuits!

Any of my friends or family can tell you that I'm a huge Walt Disney World (WDW) fan. I love going to WDW, I love thinking about going to WDW and I even worked for WDW at one point in my life. But have you ever stopped to think about how many lawsuits are filed for personal injury and tort claims against WDW and the major theme parks down in Orlando? There must be tons of them right? 

To be exact, according to the Orlando Sentinal, there were 447 personal injury and accident lawsuits filed against the major Orlando themeparks between January 1, 2004 and December 31, 2008. That's 89 lawsuits a year, or 1.7 lawsuits filed per week. That doesn't count any slip and fall, accident or injury claims that were settled without filing suit.

Many of these claims were for legitimate issues, such as when a taxi ran over a toddler. Yet many others were for comical claims, such as when a man sued for "embarrassment"  when a ride attendent "challenged" him as he was entering a Fastpass line inappropriately.

The entire article can be read online at the OrlandoSentinal.com.

Just remember, if you've been in a legitimate accident where there were real injuries I'm here to help you. But DON'T call me or my office if you were did something wrong and were then "called out" and became embarrassed! Shame on you, you should be embarrassed. And you should be even more embarrassed if you're attempting to sue because of it.

What are the Tennessee and Mississippi Statute of Limitations?

People are always asking me how long they have to pursue legal action in a personal injury case before the statute expires, while other people don’t really know what it means when their insurance company tells them the statute of limitation has expired.  Luckily, the answer is clear and simple: for a personal injury case, you have the following amounts of time to pursue legal action in your case:

Tennessee: 1 year

Mississippi: 2 years

Keep these time limits clearly in mind, especially if you are dealing with an insurance company – often, those companies will do all they can to extend your process of recouping money until after your statute of limitations expires, meaning that you are no longer able to pursue any legal action in your case.  If you feel like you are being strung along by insurance or another company, I strongly encourage you to seek legal advice.  

Hit by a car while crossing the street?

Just this morning we were reminded why it pays to always be cautious both when driving and walking in Memphis (or anywhere) – sadly, a pedestrian was killed by a car this morning on Elvis Presley Blvd. as he attempted to cross the road in the rain. Our heartfelt condolences go out to not only his family but also that of the driver, all of whom have to live with such an unexpected loss.
Please remember to take the following pedestrian safety tips into consideration the next time you are out on foot, especially in bad weather:

1. Always walk on sidewalks. If they aren’t available, walk as far to the edge of the road as possible facing traffic – make eye contact so they see you and you see them!

2. Cross only at marked crosswalks and intersections. We all get in a rush and would like to cross that road right now, but it’s better to take those two extra minutes to get to a crosswalk and cross safely than to risk it somewhere else.

3. Remember to not only look both ways, but look back again. A car could have just turned as you turned your head to check the other way, so it pays to look left, right, and left again to make sure the way is clear. And again, be more deliberate when the weather is bad and vision may not be as clear.

4. Drinking and walking can be just as dangerous as drinking and driving – your judgment is impaired just the same, as are your motor skills, so take the bus or a cab instead.

5. That blinking red hand really does mean it’s best not to cross right then! Pay attention to the traffic signals to give you cues when to cross and when not to.


 

Send me your personal injury, car wreck, slip and fall or workers comp questions!

Have a burning question that you've wanted answered?

Just send me an email at James@LawFerrell.com or comment to this blog post with your injury law, slip and fall or worker's compensation question and I'll try my best to help you out with an answer.

Questions can be about anything that you've ever wanted to know but have been afraid to ask. I'll put both the questions and answers in new posts this week. So fire away!

New rules on whether you can sue a nursing home

 

Earlier this week the Washington Post’s Cindy Skrzycki wrote an article about a measure passed quietly at the end of President Bush’s term in office that will severely hinder your and my ability to effectively sue nursing homes for abuse and neglect. The new rule re-designates state inspectors and Medicaid and Medicare contractors as federal employees. As a group, federal employees are protected from having to provide evidence to either side of a private lawsuit. 

This change means much more legwork, legal fees, and extended timeframes for people pursuing justice against criminally negligent or abusive nursing homes. Once a relatively smooth process, requesting information is now causing stalling in the courtrooms, already affecting several cases.

What can you do about this? Contact your senators here in Tennessee or Mississippi to let them know how you feel about this new rule. They are elected to represent you, and your voice matters. See below for your senators’ contact information:

Senator Lamar Alexander, TN
Office of Senator Alexander
SD-455 / Washington, DC 20510
Main: (202) 224-4944
Fax: (202) 228-3398

Senator Bob Corker, TN
Dirksen Senate Office Building
SD-185
Washington, DC 20510 
Main: 202-224-3344
Fax: 202-228-0566

Senator Thad Cochran, MS
United States Senate 
113 Dirksen Senate Office Building 
Washington, D.C. 20510-2402 
Main: 202-224-5054
 

Senator Roger F. Wicker, MS
487 Russell Senate Office Building
Washington , DC 20510 
Main: 202-224-6253
Fax: 202-228-0378

 

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