Memphis Injury Law Blog : Memphis Personal Injury Lawyer & Attorney : James Ferrell Law Firm : Tennessee, Mississippi

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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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This is the single biggest question a lawyer is asked? I am a personal injury lawyer with a firm and attorneys that serve Tennessee and Mississippi so being asked what the value of an injury is worth comes with territory. And it should, when you’ve been hurt in any type of accident bills start mounting up. There are doctor bills, rehab bills, body shop bills, wrecker bills and bills you don’t even understand. So knowing the value of your personal injury claim is very important.

First things first, I’m sure you are aware that I can’t tell you what your claim is worth without ever having talked with you, met with you or reviewed any of your medical files. But you still probably want to know how much is your injury worth.

The first thing to look at is how much were your medical bills. There is a direct relationship between the amount of your medical bills and the value of your injury claim. So if you’ve been injured now is not the time to be stoic and stay away from the doctor. You need to make sure that all of your injuries are taken care of. VISIT THE DOCTOR ASAP! If you claim to be injured but don’t visit the doctor then don’t plan on getting much, if anything for your claim.

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If you have been in a car accident one of the best pieces of evidence that you can obtain is pictures of the wreck! These photos are very often the most substantial proof of the damage that occurred in the accident. Photos can help prove that you were innocent and that the other person was at fault. They can also help increase the value of your personal injury claim.

A well-taken photo of an accident scene can do the following:

1.      Helps show details of the accident that may not have been initially noticed.

2.      Give an accurate depiction of the accident scene as it was immediately after the wreck occurred. There is no doubting what the scene looked like. You have an image of it frozen in time.

3.      Pictures are powerful! They show want you want to be seen and do so much better than you ever could by testifying to a jury.

4.      Pictures can’t be denied. It’s impossible for the insurance adjuster or defendant to deny what happened when you have a picture of it.

5.      Photos always impress adjusters. They show the adjuster that you mean business and are not going away.

If you, or someone else that you know, can take pictures of the accident scene immediately after the car wreck always do so. If photos can’t be taken immediately then come back as soon as possible and take them. You should try to take the pictures at roughly the same time of day as when the accident occurs in order to get the most accurate depiction possible.

What should you take pictures of? Anything and everything that you feel is important. But make sure to snap pics of any skid marks, hidden traffic signs, damage to your vehicle and etc. Get a good overall picture of the accident scene taken from 30-40 feet away so that the adjuster and your lawyer can have a good view of the scene. Then step in about half that distance to get a closer view, and finally take close up shots of the damage both cars and any property that might have been damaged.

If you aren’t sure on how many to take just snap away! The more pictures that we have to choose from the better it will be to help make your case. If you choose to handle your claim on your own you should immediately develop the photos. If you choose to have our law firm handle your case just bring us your camera’s memory card and we’ll download everything for you.

Remember, car wrecks can be very life changing. Many times you aren’t fully aware of the damage done to either you or your vehicle for many weeks or even months. Be sure to document everything you can as soon as the accident occurs. This will help you have a stronger case and a better chance at a fair recovery!

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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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That’s the question we hear more than any other by people just like you who call our law office. Most are asking that question because they either aren’t sure if we could help them with their injury case or they don’t live in or around Memphis and North Mississippi and want to know if we can help them where they live.

The answer to both is “Yes we can”. But that comes with one stipulation. We ONLY help people who really need our help. What does that mean? It means that we don’t take frivolous cases with minor injuries. You can call the “Heavy Hitter” or “One call, that’s all” injury lawyers and law firms here in Memphis and throughout Mississippi and Tennessee for those type of cases. If you’ve sprained an ankle or bumped your head slightly please DO NOT call us. My office is not set up to act as a personal injury and accident law mill. I don’t take “any and all” cases and try to settle them as quickly as possible just to move on to the next case.

What we handle are cases that involve serious injuries such as ruptured or slipped disks in the back, traumatic brain injury, loss of limbs, death and etc. We are focused on helping these people who need the best legal representation available. So if you fit these simple guidelines I’m here to help you, no matter where you are located in Tennessee or Mississippi.

If you have any questions please call me at my Olive Branch, Mississippi office or call Chris Johnson at our Memhis Office. And be sure to request my FREE book “The 7 Deadly Mistakes That Can Kill Your Memphis Accident Case” to read more about how we can help you.

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That’s the question that each and every victim of an accident has to decide at some point. There are both pros and cons for each. Unfortunately no two situations are ever alike and your reasons for either taking an early settlement or going all the way to court will be different than your neighbors. But if you’ve been injured in an accident you need to know the following information before making your decision:

• How often does the plaintiff (that’s you) win when they take their cases to court? According to the people who keep such statistics, plaintiffs usually win about 60-65% of the time in court. Even the most experienced lawyer has probably lost a case in court that they thought was a guaranteed win. And the same lawyer has probably won a case where they never expected it. The thing is, it’s impossible to know for sure how a judge or jury is going to decide a case.  That’s why a truly great attorney will never guarantee a victory. You just never know what’s going to happen when you enter the “wild west” of the courtroom. The term “Life’s a gamble” could certainly apply to the courtroom because anytime you allow a group of strangers the chance to decide your cases fate it’s definitely a gamble. One in which no one knows what the outcome will be.
• My colleague and fellow trial lawyer Chris Davis summarized juries in the following statement. And here in Mississippi and Memphis his statements certainly ring true.  “If the OJ Simpson case has taught us anything, it should be the common knowledge that is shared among trial lawyers: any case can be lost at trial because juries are unpredictable.  Two different juries deciding the same case can produce two very different verdicts, even when hearing the same evidence and testimony.  You may get a “good” group of jurors or a “bad” group.  Common to popular myth, you cannot “select” a good jury over a bad one.  The law only allows each side to strike 3 jurors out of a panel of 30 to 40 people.  This means the lawyer is pretty much stuck with whoever shows up for jury service and ends up on the jury.”
• What if you go to trial and win? Are you guaranteed to receive more money from the jury than you would have in a settlement? No, you’re not. I’ve seen some very large verdicts and I’ve seen some verdicts that left the plaintiff disappointed, even though they won. Be sure that you’re ready to accept whatever the jury decides if you take your case to trial.
•  We’ve all seen the huge verdicts and dollars handed down by juries. But what you usually don’t see is the appeal by the defendant (the person we’re suing). Almost every time there is a large verdict there is also an appeal. This means that the case will take anywhere from 2 to 5 years longer before you’ll ever see any money. And that’s IF the appeals court finds in your favor and doesn’t reduce the award.
• One of the toughest decisions you’ll have to make is trying to decide between the risk of losing at trial or receiving a lower verdict against the chance that you’ll be awarded a larger amount by the jury. This isn’t something that can be guaranteed and there’s no formula for making this decision. No one knows for sure what the outcome will be, but by choosing an experienced Memphis or Mississippi personal injury or accident lawyer you may increase your odds of being successful
• At trial it’s not about the “truth” but rather it’s about what the jury believes. And unfortunately at injury trial lawyer’s aren’t always able to get all evidence and “hearsay” heard by the court. The strict rules and regulations the court has can limit what we, as attorneys, can say and present to the jury. What ends up happening is the jury makes a decision on what they perceive to be the truth, not necessarily what is the actual truth. What you see as the truth and believe to be correct is not always the way that the jury will see it.
• What the insurance offers to settle your case will never be the same as what they expect the value of the case to be if they think the jury will decide in favor of you. The insurance company is not going to agree to pay you what they think a jury would pay you. This is because they know that it’s going to be expensive and risky for you to “take them to court”. Why am I telling you this? Because you need to know that we can’t make a settlement demand that is far too high or the insurance company will immediately cancel all negotiations. You can’t just ask for a crazy amount of money to “see what happens”. The insurance companies know how much juries are awarding for cases similar to yours. They have a whole database that shows them what types of awards have been given. When determining your settlement demand we must take this into account in order to get the largest settlement possible.
• How does an insurance company decide how much to offer and accept for a settlement? We’ll there are many factors, but among them are the following: is it clear who’s fault the injury was, will you (the plaintiff) look sympathetic to a jury, are the injuries serious, what type of awards have been given in similar cases. And finally the lawyer’s reputation.