Morgan Freeman is being sued - Should he be?

Posted on February 26, 2009 by James K. Ferrell

The good people over at the Commercial Appeal today had an interesting article that states actor Morgan Freeman is being sued by Demaris Meyers. She was the passenger in the car Mr. Freeman wrecked in Mississippi back in August of 2008.

Ms. Meyers is claiming that the accident caused "serious and disabling injuries", including head trauma, a broken wrist, bruises and lacerations. And that on the night of the wreck Mr. Freeman was drinking. However, it is not stated that Mr. Freeman was intoxicated.

What's really interesting to me is that Ms. Meyers has retained Gloria Allred to pursue her case. I'm not so sure that this was a good decision on Ms. Meyers' part. The case was filed in Oxford, Mississippi and a quick perusal through the Mississippi Bar's attorney directory shows that Ms. Allred is not licensed in Mississippi and has most likely never been to court in Mississippi. In my opinion, a group of jurors would probably not look highly upon Ms. Allred and her style of law. Because of this I could easily see potential jurors being turned off and awarding Ms. Meyers a lower amount of money. In this situation it would have been better for Ms. Meyers to have chosen a local lawyer. There are plenty out there who are as equally, or even more qualified than Ms. Allred.

And in regards to the facts of the case and whether Ms. Meyers should recover anything for her injuries? In all likelihood she is entitled to recover. If Mr. Freeman was negligent in driving the night of the accident and his negligence caused Ms. Meyers to be injured he will likely be required to compensate her.

But for how much? It's pretty obvious that Ms. Meyers is going after a lot here. But it's also apparent that Mr. Freeman isn't willing to settle quickly and pay through the nose just in order to avoid the bad publicity that Ms. Meyers and Ms. Allred are trying to heap on him through the press conference that was conducted today.

No one EVER holds press conferences to announce these types of civil lawsuits. The only reason it's been done here is because settlement negotiations likely broke down and Ms. Allred is showing that she will play hardball. If Mr. Freeman was not in the public eye this never would have happened.

So, back to how much? In the end I see this case settling somewhere in the mid-to-low six figure range. But a lot depends on how bad the injuries where that Ms. Meyers suffered, and how badly Mr. Freeman wants this to go away. Both of these are things that only Ms. Meyers and Mr. Freeman know.

What do you think?
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How the economy is affecting personal injury claims?

Posted on December 31, 2008 by James K. Ferrell

How does the economy, in its current tailspin, affect you if you've been hurt in any type of car wreck or other accident? It could affect you a lot.

With more and more layoffs being seen throughout the Memphis and greater Mississippi and Tennessee areas people are having to tighten there belts more than ever. What this means is that many people are skipping there monthly payments to what they may see as "unnecessary" expenses such as car and auto insurance.

When drivers start skipping these payments it hurts everyone. The end result is that the guy who rear-ended you on I-240 or Poplar Avenue may not have insurance to pay for the damage that he caused to you and your vehicle, not to mention your medical bills.

And if he can't afford to pay his car insurance good luck on collecting for any damages that you may be awarded if you do sue him in court and win. It's an almost 100% guarantee that you'll never see a dime. The only thing you'll be left with is recurring pain in your wallet and in your body.

So how do you avoid having this happen to you? The very first thing to do is to call your current car insurance salesperson and tell them that you want to increase your uninsured motorist coverage to at least one million dollars. That's right, at least $1,000,000, today's health costs are soaring and you want to make sure you have a large amount of coverage.

You'll be astounded at how cheap this coverage will be. For me it's only around $135 per year for both of my vehicles. And it's well worth the peace of mind knowing that I'll be taken care of even if the person who hit me wasn't taking care of his business. So go out and call your agent today. You never know when you will be in a Memphis car accident.

If you've been hurt in any type of accident and need the help of a personal injury lawyer, accident lawyer or wrongful death attorney we are here to help you. Call our offices or request my free book "7 Deadly Mistakes That Can Kill Your Memphis Accident Case" Here before you talk to any insurance adjusters or call a personal injury lawyer.

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Mississippi & Tennessee personal injury & accident depositions

Posted on December 29, 2008 by James K. Ferrell

Anyone who is going to take their Tennessee or Mississippi personal injury or car accident case to trial needs to be prepared to “survive” a deposition by the defendant’s attorney. I write “survive” because a deposition can be brutal. The opposing lawyers goal at a deposition is to gather as much information as he or she can in order to try to refute your testimony at trial. In order to do so he will try to wear you down, make you angry, hurt your feelings and do almost everything else except for call your momma names. (He’ll even do that sometimes if she happens to also be involved in the case.)

 So, how are you supposed to survive this terrible monster called a deposition? The first thing to know in order to survive is what kind of questions will be asked. The second thing is to know is that the other attorneys purpose at this deposition is to get you so frustrated that you make a mistake that will hurt your case and help his. If you are aware of these two things and can be calm, relaxed and under control you’ll sail through the deposition with no problems.

David Newdorf, at Newdorf Legal, put the following list of deposition questions up on his blog.  And I am including them here on the Memphis injury law blog for you to read and review in case you are involved in a Memphis lawsuit and have to attend a deposition.

 

Mr. Newdorf practices as a defendant’s attorney for personal injury cases and these questions were posted on Mr. Newdorf’s blog to help defendant’s attorneys in questioning plaintiffs who have an car accident or personal injury claim pending against their client. Now here at the Ferrell Law Firm we are Plaintiff's attorneys who help the injured, but because these questions are a good example of what you might be asked if you have been hurt or injured in a Memphis car wreck or accident I think they are helpful for my personal injury clients to see.

 

  • “When did you first realize there was going to be an accident? Tell me how you knew an accident was about to happen.”  This is a good opening question to set the stage.

 

For trip-and-falls:

  • “How did the accident happen?  What happened with your foot?  Did you trip?  Did you slip?  Did your foot catch?  Did some part of your body twist?”
  • “Was there any foreign substance or article on the surface where you fell?  Was there anything unusual about the surface where you fell?”
  • “How did you land?  On what part of your body?  Were you face up or face down?  Which direction was your head pointed?  Which direction were your feet pointed?”

 

For car accidents:

  • “What did you hear right before the accident?”  If the police report, photos or accident reconstruction report shows skid marks left by any vehicle that would produce a loud, shrill noise that could be heard for blocks around.
  • “Describe how your body moved during the accident.”  A detailed verbal description and/or the videotape of the deposition (if used) will be useful to a retained medical doctor, chiropractor, biomechanics expert or accident reconstructionist.  Sometimes the plaintiff’s description may contradict the laws of physics (such as when plaintiff says he fell backwards following a sudden bus stop) or be inconsistent with other evidence.
  • “What parts of your body made contact with what parts of the interior of the vehicle (or sidewalk or floor)?”  You want to compare the purported points of impact with the medical evidence of the location of cuts or bruises.
  • “When did you start to hurt?”
  • “Did you have any swelling?  Where?  When did that occur?”
  • “Did you have any cuts, bruises or scrapes?  Where? When did those become visible?”
  • “Did anyone take any photographs at the location of the accident?  Who?  When?  When did you see these photographs?” 
  • “Did anyone take photographs of your injuries?”  Ideally, you should have obtained these photos in response to document demands before the deposition.  Sometimes the plaintiff’s lawyer hasn’t done his or her job in gathering responsive documents, so you should always ask the plaintiff.
  • “When did you first seek any medical treatment?  How did you get there?”  I’m always amazed how many accident victims call a lawyer before a doctor.  And there was the bus fall-on-board case I defended once where the plaintiff stood up, announced he had changed his mind and “wanted to get paid,” and laid back down on the floor to wait for the paramedics.  Meanwhile, he got out his cell phone and started calling law firms.
  • “How did you find your doctor?”  Often the lawyer has referred the client to a favored treater, who will take a lien on the case instead of payment up front.  Many plaintiffs’ attorneys, however, frown on this practice.
  • “How long were you at the doctor’s office for treatment?”
  • “Describe your treatment.”
  • “When did you last see your doctor?” 
  • “Did your doctor prescribe any medication?”
  • “Are you currently taking any medication as a result of this accident?”
  • “How are you feeling today?”

 

Mr. Newdorf followed up these question with the following questions, which he states are his “Top 10 Questions Designed To Uncover Dirt” on a plaintiff. Keep on reading if you want to find out more on how the other sides attorneys will be trying to “trip you up”.

 

  •  “Have you ever been arrested?”  (And the follow-up:  “Have you ever been convicted?”)  Opposing counsel may go ballistic on this one, but it is a proper question.  Remember, felony convictions and any convictions for fraud, dishonesty or moral turpitude are generally admissible for impeachment.
  • “Have you ever been deposed before?”  I ask this at the beginning of the deposition, as part of the standard admonition, when it sounds like an innocent inquiry related to the ground rules for the depo.  But if the answer is ”yes,” I always follow up later with questions about the prior deposition(s).  I also ask the related questions, “Have you ever testified in court?” and “Have you ever been a plaintiff or a defendant in another lawsuit?”  Prior testimony and lawsuits can be a treasure trove of accusations and impeachment.
  • “Have you ever seen the [plaintiff/defendant/employee] before the events related to this lawsuit?”  This question may uncover connections between a supposedly independent witness and the other side.
  • “Did you meet with the other side’s counsel before this deposition?”  Pin down the number of meetings, where they occurred and how long they lasted.  This information can help dismantle the claim of independence.
  • “Have you signed any written statements/made any recorded statements/spoken to any reporters about the events related to this lawsuit?”  To this list, you might add:  “Have you posted any statements about these events on any internet site?”  Of course, you will have conducted a search engine and, perhaps, database query on the witness as part of your preparation for the deposition, so you’ll know if he or she is lying.
  • “Did you read any witness statements or depositions, listen to any recorded statements, look at any diagrams or photographs, or did somebody else read you any statements before the deposition?”  Okay, this is more than one question, but I had to combined them here to meet the 10-question quota imposed by the title of this article.
  • “Tell me everything you did to get ready for this deposition.”  The answer can lead you to what the witness or opponent perceives as his or her weak spots, including areas of which you were unaware.  After all, it is only natural to prepare for the hardest questions or topics.  Remember to find out the specific documents reviewed, places visited and persons met with by the witness.
  • “Was anyone else present when you met with your lawyer?”  If a third-party was present during the meeting, the witness may have waived the attorney-client privilege.
  • “How did you find your attorney [doctor/chiropractor/therapist/expert]?”  This can lead to interesting prior legal issues, lawsuits or self-interest/improper involvement on the part of opposing counsel.
  • “Do you have your driver’s license with you?”  If so, ask to see it.  Take down the personal information and, if appropriate, read it into the record.

 

I apologize for such a long post today. But for those of you who have been injured or hurt, whether it be in Memphis or anywhere in the states of Tennessee or Mississippi, you should know what you’re up against when it comes to your personal injury, accident or wrongful death case. It’s important to have as much information as possible in order to help your lawsuit.

If you have any questions about your personal injury, car accident or wrongful death case call the Ferrell Law Firm today at either our Mississippi or Tennessee office. We’ll help guide you in your recovery and make sure that you receive the proper attention for your case. To read more about personal injury and accident claims and to get a free copy of my book “7 Deadly Mistakes That Can KILL Your Memphis Accident Case” simply click Here.
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10 Steps to immediately take after a car wreck!

Posted on December 17, 2008 by James K. Ferrell

 

1. PULLOVER RIGHT AWAY: If you can, move your car off the street or to the side of the road. Not stopping after an accident could case you to be guilty of the criminal offense of leaving the scene of an accident or hit and run.

2. E-911: If anyone is hurt, call 911 right away and ask for the police and an ambulance if needed.

3. PHOTOS, PHOTOS, PHOTOS: Take LOTS of pictures of the scene of the accident, the damage done to any cars or trucks, and of any injuries you might have. (see my previous post about phots here.)

4. NEVER ADMIT FAULT: Do not tell anyone that you were at fault. Often times you are in a state of shock and might not be aware of what really occurred.

5. GET THE OTHER DRIVER 'S INFORMATION: Exchange all of the following information with the other driver involved in the wreck, name, address, phone number, driver's license, vehicle year, make, model, color, and license plate number, and insurance information, including company, policy number, effective dates of policy, and telephone number.

6. SEE IF THERE WERE ANY WITNESS' AND GET THEIR INFORMATION: Get their name, address, and telephone number. Make sure you do this for each witness.

7. TELL THE POLICE OFFICER ABOUT YOUR INJURIES: If you are hurt, tell the police officer. The record of your injuries will be put in the investigating officer's report. If you don't mention to the police officer that you were injured, the insurance adjuster who will ultimately evaluate your claim might not believe that you were really hurt in the accident.

8. GET IMMEDIATE MEDICAL TREATMENT: If you are hurt get medical treatment right away. Go to the nearest emergency room or to your personal doctor. An injury, if left untreated, may become substantially worse. If you don't seek treatment or delay getting medical treatment, an insurance adjuster may suspect that you are not genuinely injured and discount your claim.

9. CALL YOUR INSURANCE COMPANY: Tell your insurance company about the wreck but do not talk to the other driver's insurance company or any adjuster. Usually a claims adjuster for the other driver will be assigned to your claim before you get a lawyer. This usually happens within a day or two of the accident. The adjuster will request permission to take a recorded or written statement (and even if he doesn't request it you can bet he's probably recording your conversation). If you are considering hiring a Tennessee or Mississippi personal injury lawyer, you shouldn't give a statement any insurance adjuster for the other driver. Anything you say can seriously jeopardize  your case without you even knowing it. Just tell the adjuster that you have decided to hire an attorney, and instruct him or her to refer all further questions to your attorney.

10. CALL A MISSISSIPPI OR TENNESSEE PERSONAL INJURY LAWYER : If you are seriously injured don't try to settle your own claim. A good Memphis, Tennessee or Mississippi personal injury attorney will generally be able to get much more money for you than you will be offered in settlement by an insurance adjuster, even when you take into account attorney's fees. If you do choose to accept a settlement for your injury without hiring a lawyer, you may receive a settlement that doesn't adequately pay you for permanent injuries and damages. If you're not sure whether to settle, talk to a lawyer who handles personal injury cases.

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It only takes a moment to be a victim in a Memphis car accident

Posted on November 24, 2008 by James K. Ferrell

In my last post I wrote about car wrecks and the injuries and damages that can occur when you are rear ended by another car. These wrecks can happen very fast and with little notice.

Just last night I was driving north on I-55 in Memphis and took the East I-240 exit. Upon getting on the on/off ramp I came across a driver who had come to a complete stop on the ramp. Because I was driving at a safe speed and safe distance from any other vehicles I was luckily available to stop in time and avoid him. However the cars that were driving behind me were not so lucky.

After avoiding and moving around the car that was stopped (someone from out of state who didn't understand that he was supposed to continue in his lane and then merge with traffice) I saw and heard other cars slamming on their brakes and sliding off of the road to try to keep from hitting the car in front of them. With the end result being multiple rear end collisions by drivers who were going too fast on the ramp. It's likely that the passengers of the cars that these drivers hit sustained some type of back or neck injury due to the speed that the cars that hit them were going.

The lesson here is to make sure that you always drive in a defensive manner. Be prepared for the unexpected and know what to do if you encounter a situation such as this. Stay a safe distance from the car in front of you and be aware of who is behind you at all times. You don't want to be sued or sue someone because you were hurt in a car wreck. It's always better to be able to drive away from a potential crash without suffering any damage that is it to be in one and go through the process of filing claims and having both your body and property repaired.

Luckily my family and I escaped this incident without any scratches or injuries to our car or bodies. The people behind us weren't so lucky.

 If you've been in a Memphis car wreck or accident where you were hurt call the best Tennessee or Mississippi lawyer you can find to help you recover for your injuries and damages. They'll help you through the whole process as quickly and painlessly as possible while getting you the most money for your injuries.  If you meet our strict client guidelines I would be happy to meet with you to discuss your claim. And even if you don't meet our client guidelines we'd be happy to send you a list of Memphis, Tennessee and Mississippi lawyers to contact who can help you with your claim.

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Q&A: What Happens if you get rear ended?

Posted on November 21, 2008 by James K. Ferrell

It's the number one cause of car wrecks and accidents both here in Memphis, Tennessee and in Mississippi, the rear end collision. It usually occurs in one of two ways. Either you're stopping for a red light when someone from behind decides to not stop or your on one of the interstate's on or off ramps and someone plows into you from behind.

In either case the end result can be quite damaging both to your property and your body. In a rear end collision the driver and passengers of the car that was hit often sustain injuries such as whiplash, back pain, neck pain, ruptured disks, bulging disks or herniated disks. And in the most serious of cases someone could be paralyzed or killed as a result of the wreck.

Q: What do you do if you've been hurt in a car wreck where you were rear ended?

A: The first and most important step to take is to get yourself and your passengers to a doctor or hospital to check on your injuries. Often times when a person is struck from behind in a car wreck they aren't yet aware of the totality of their injuries. This can be because of many reasons such as being distraught or from the "rush" of adrenaline that comes from being hit from behind.

You should immediately seek medical attention though to find out the extent of your injuries. Many people don't even recognize the injuries when they first appear, but instead notice them the days after the wreck. If you were hit in a car wreck you need to make sure that you get proper care the day of the injuries (if you can't that day go as soon as possible) or you risk having the insurance company claim that the injuries did not occur in the wreck.

Your next step should be get all of the information from the driver of the vehicle and get the names and contact information of any witnesses who may have seen the accident. You need the name of the other driver so that if a claim is necessary you know who to file it  against. And you should also get the names and contact information of the witnesses so that you will be able to call them if you file a claim. Of course, if you can't do this because you are injured make sure that you have someone else do this for you or make sure the police get the information in their official report.

The third step is to contact your insurance company and let them know of the injury. For reasons why see my previous post here

The final step, if needed, is to contact a reliable and experienced Mississippi or Tennessee personal injury or accident lawyer. They can help make sure that your claim is handled fairly and correctly.

 

 

 

 

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