Memphis Personal Injury FAQ

Frequently Asked Questions

What do you mean by “personal injury” and what types of injury cases do you accept?

Personal injury, in its broadest sense, means a bodily injury. If you suffer a bodily injury as a result of someone’s carelessness or negligence, you may be entitled to compensation depending on how the injury arose. We accept a variety of personal injury cases including the following areas:

If you have been injured, contact our Memphis, TN office for a free evaluation to determine if you are entitled to compensation for your personal injury.

Why should I hire a personal injury lawyer rather than dealing with the insurance company on my own?

Hiring an attorney, in most cases, will give you an advantage when dealing with insurance adjusters. Most insurance companies will want to settle your claim quickly before you have the opportunity to hire a personal injury lawyer. The insurance companies know that you are unfamiliar with personal injury law. Without an attorney to fight for the compensation you deserve, you will likely end up with a settlement far below what you deserve. With an experienced personal injury lawyer on your side, the insurance company knows that a lawsuit will be filed if they do not offer you sufficient compensation.

If I miss time from work due to my injuries, can I be compensated for my lost income?

Yes. In most personal injury cases, an injured person has the right to recover their lost wages and income. You may also recover for your lost earning potential if you are unable to return to your previous job due to a personal injury. For wage losses and lost business earnings, we will work with you and your employer to calculate your lost earnings.

How do I calculate the value of my case?

There is no equation or formula that will generate an exact value for your case. Even if some portions of your damages, such as medical bills and wages losses, may be reduced to exact numbers, there is no precise means to quantify monetary compensation for damages such as pain and suffering or your emotional losses. That being said, we can generally make a very good estimate of the value of your case based upon prior case results, recent jury verdicts and our years of personal injury experience. The exact amount of compensation that you deserve is ultimately a question for a jury to resolve if your case goes to trial.

Who will pay my medical bills if I suffer a personal injury?

If you are in a car accident, you may have personal injury protection (PIP) under your own insurance policy. If you have PIP, your own insurer must pay for all reasonable and necessary medical costs up to your policy limit. You can also use your own health insurance. Be aware that your insurer may have a right to recover some of the medical expenses that were paid out by your insurer. This is known as the insurance companies right of subrogation and can be better explained during your free consultation.

How do I know if someone was negligent?

Negligence is a legal term that describes acts or omissions that fall below the standards acceptable in society. Most car accidents are caused by negligent drivers who fail to observe the rules of the road. If a driver rear-ends you and causes you to suffer personal injuries, he or she was probably negligent for failing to stop before colliding with your car.

Do I have a claim if I may have contributed to the accident that caused my injuries?

Even if you think that you are partially at-fault, you may still have a claim. In Tennessee and in Memphis courts, the jury is asked to calculate the percentage of fault attributable to each party based upon a system of comparative fault. Even if you were partially at fault, you can still recover. The circumstances and facts of each case are unique and you need an experienced lawyer to determine if you have a personal injury claim.

If my child is injured in an accident, can I make a claim on his or her behalf?

Minor children are treated much differently by Tennessee laws and in Memphis courts. Specific statutes and court rules regarding minors affect the way that minor settlements occur and the statute of limitations. You need an experienced Memphis personal injury lawyer who can help you in bringing a claim on part of your injured child and make sure your child is adequately compensated.

If a family member is killed in an accident, what should I do?

If a loved one is killed in an accident, the estate of the deceased maintains a cause of action against the at-fault party. We are very familiar with wrongful death cases and understand the difficulties faced by a grieving family. If the deceased person had a will in which he or she appointed an executor or administrator, that person has the right to bring suit on behalf of the estate. Because of the inherit complexities in wrongful death suits, you need a Memphis wrongful death attorney who can help you and your family get the compensation that you deserve.

If I decide to proceed with a personal injury lawsuit, what will happen?

In order to initiate a lawsuit, you must file a document called a “complaint” with the court and serve the at-fault party or parties with the complaint. You and any other injured parties will be named as the plaintiffs and the at-fault parties are the defendants and are named as such in the complaint. The complaint also contains information regarding your accident and the compensation that you seek for your personal injury.

What is the statute of limitations for my personal injury claim?

Tennessee only has a one-year statute of limitations for most personal injury claims. If it is necessary to file a lawsuit regarding your personal lawsuit, it must be filed before a year has passed since your accident. It is absolutely critical that you consult a Memphis personal injury lawyer who can immediately assess and calculate important filing dates in order to protect your rights.