Personal Injury Contributory negligence is an ancient common law doctrine that operates to preclude any financial recovery whatsoever to an individual found at fault — in even the most minuscule way — for causing the accident that led to their injury. According to a personal injury attorney, it should be obvious that the application of this extraordinarily harsh doctrine can result in seemingly wildly unfair results. In a system premised on comparative negligence a person injured in a car accident is free to seek financial recovery from the other party, and would be entitled to collect compensation, so long as they were less than 50% at fault for causing the subject accident. Once the relative degrees of responsibility are fixed there
Here’s Why People File Bankruptcy in Memphis As a Memphis bankruptcy lawyer, I’ve helped thousands of people get out debt in and around Shelby County. Over the years, I’ve seen a lot of patterns around why people choose bankruptcy. While the reasons may vary, everyone’s looking for some form of freedom, and bankruptcy helps them get there. Here are the top 5 reasons people are filing bankruptcy in Memphis. Reason 1: Credit Card Debt / Overspending Credit card debt comes along with so many people’s financial struggles. When you’re in over your head, credit cards offer a short-term way to meet your basic needs. But then soon enough, interest grows and gets worse month after month. In just a short
For Some, a Long Wait for SSDI Benefits Leads to Homelessness If you’re one of the thousands of people waiting to hear back from the Social Security Administration about your SSDI application, you may be in a desperate situation. For some, the wait for SSDI benefits has taken so long, they’ve lost everything. Fortunately, there are ways you can avoid financial distress and make it through what can be a very difficult process. And if you need support, we can help you get there. What’s Happening The SSDI application process can take a long time, with some applicants waiting months or even years to receive a decision. This is due to a variety of factors, including the complexity of the
A former nurse by the name of RaDonda Vaught will go to court in Tennessee on March 28, 2023 to appeal a decision made in 2021 to revoke her nursing license. In 2017, Ms. Vaught worked in Nashville, Tennessee at Vanderbilt University Medical Center. She was prosecuted and found guilty of gross neglect and negligent homicide when she accidentally administered the wrong medication to an impaired adult patient. When going to get the medication for a patient that would calm her anxiety before a routine scan, she grabbed the wrong medication which caused the patient to lose all ability to move and breathe. Her inability to breathe is what caused her death. Though Ms. Vaught has taken responsibility for the
Dog Bites on Children: The Long-Term Effects As a Memphis personal injury lawyer, I know too well the psychological impact of dog bites on children. It’s a horrible but all-too-common problem on our streets, and it impacts our children’s ability to develop, learn, and grow. While we can’t remove these effects, our firm works hard to help families recover from dog bites, including covering the extensive medical costs and also the long-term mental health treatment any child might need in this awful situation. Here’s what you can expect after a dog bite and how we might be able to help. The Real Dangers of Child Dog Bites While dog bites are a fairly rare occurrence in most communities, they disproportionately
Why Is Credit Card Debt in Memphis Skyrocketing? According to every major report, credit card debt across the country has risen to its highest in history. Memphis credit card debt is no exception. These changes don’t just come out of nowhere. A number of causes, all happening at once, explain the problem – and it’s a real problem. If you’re in credit card debt and don’t know how you’ll pay it down, you aren’t alone. Here’s what you need to know. Rising Inflation Over the last couple of years, inflation has creeped up and caused financial strain for millions of families. It peaked at around 9% in 2022, and you can still see its effects at the grocery store and
A recent article examines how far Social Security benefits go depending on where a person is retiring in Tennessee. This study takes into account a few things, including the average Social Security income a person can expect to get, the Social Security taxes, and the cost of living expenses. This can help a person determine where they may get the most out of their benefits. Given the research, there were ten counties found in Tennessee where Social Security benefits go the farthest, including Loudon, Cumberland, Chester, Houston, Meigs, Monroe, Bledsoe, Van Buren, Giles, and Polk. The study found that because the cost of living is so low in Loudon County, residents living off of Social Security benefits are able to
Who’s Responsible When Medical Devices Break or Malfunction? As a Memphis personal injury lawyer, I know how complicated certain kinds of law can be. Sometimes cases come up that could be either product liability or medical malpractice, depending on the situation. Here’s how to understand both areas of the law. The Difference Between Medical Malpractice and Product Liability Medical malpractice occurs when a healthcare provider fails to provide proper care, treatment, or advice to a patient and it results in harm or injury. This can include: failure to diagnose a condition misdiagnosis improper treatment or failure to obtain informed consent for a procedure, and a lot more. In general, medical malpractice happens in healthcare settings and is the fault of
Avoiding Memphis Bankruptcy by Negotiating with Creditors If you’re deep in debt and looking for a way out, you may want to consider negotiating with your creditors. As a Memphis debt attorney, I’ve seen it all. Here’s what you need to know if you want to negotiate with creditors instead of bankruptcy. Is It Worth It At All? The answer to this question depends on how comfortable you are with rejection, annoying phone calls, and some hard work. Sometimes creditors will work with you, and sometimes not. It depends on how they operate and a number of other factors that are often outside your control. I love seeing people deal with their debt in whatever way they can, including working
Catastrophic Injury Lawyer Imagine that you are driving home from work. It is the start of the weekend and you are looking forward to spending time with your family, with all kinds of fun activities planned. Suddenly you see the other vehicle heading towards yours, head-on, with no time to react. Days – or even weeks – later, you finally wake up from the coma you have been in only to learn you have suffered devasting injuries. The life you had before the crash will never be the same and you have months and months of recovery ahead of you. This scenario plays out hundreds of times each day in crashes all across the country, with victims suffering catastrophic injuries