Personal Injury Lawyer Memphis, TN
What Accident Injuries Are Common on Construction Sites?
If you’ve suffered an injury due to your working conditions or job-related activities, you may benefit from speaking with an experienced Memphis, TN personal injury lawyer about your legal options. Depending on the kind of work you do, the size of your employer’s company, the circumstances surrounding your injuries, and your worker classification, you may be entitled to one or more kinds of compensation at this time.
When workers are hurt while on the job, the first question that most attorneys will ask is, “Is the worker eligible for workers’ comp?” Workers’ compensation benefits are extended to qualifying workers, regardless of fault. This means that – with a few situation-specific exceptions), if you’re eligible for workers’ compensation coverage, you’ll be entitled to receive a benefits award, even if you were somewhat (or even completely) to blame for the injurious circumstances leading to your harm. You’ll likely only be barred from receiving workers’ compensation benefits if you tried to hurt yourself in an attempt to collect benefits, you were drunk or high at the time you were hurt, or you instigated an altercation that ultimately left you injured.
Most Tennessee workers are eligible for workers’ compensation benefits, as most Tennessee workers are classified as full-time or part-time employees. By contrast, independent contractors and some specialty industry workers are ordinarily ineligible to receive these benefits unless a classification error has been made.
When workers are ineligible to collect workers’ compensation benefits, they may be able to obtain rightful compensation via the personal injury claims process. Employees who are eligible for workers’ comp can file personal injury claims too, they just can’t name their employers as defendants in their lawsuits. This is because the workers’ compensation system limits employer liability for job-related illnesses and injuries.
When Workers Suffer Occupational Illness
Just as workers injured on the job may file workers’ compensation claims and/or personal injury claims (depending on their circumstances), so may workers who become ill as a result of their working conditions. Occupational illness isn’t discussed as frequently in U.S. popular culture as work-related injuries are. However, occupational illness remains a common – and frequently life-altering – force in American life. If you have been diagnosed with an illness that may be tied to your job-related activities and/or working conditions, speak with our team about the legal options available to you at this time.
Why Exploring Your Legal Options Is a Time-Sensitive Task
If you’ve suffered harm on the job, you’ll need to act quickly to explore your legal options for two reasons. First, there is a statute of limitations that will prevent you from filing a lawsuit if you wait too long. Second, if you’re eligible for workers’ compensation benefits, you’ll need to take certain steps very quickly in order to preserve this option. If you haven’t yet scheduled a case evaluation with the experienced Tennessee legal team at Darrell Castle and Associates, PLLC, please do so now. The quicker you connect with us, the faster we’ll be able to protect your rights as an injury victim.
What Accident Injuries Are Common on Construction Sites?
Any experienced attorney understands that even construction workers who are both cautious and careful can still get hurt in a major accident on a construction site. As we see at Darrell Castle & Associates, PLLC, these incidents don’t always just happen on their own, as it is often the result of a series of decisions made by coworkers or an employer which led to the accident. There are many ways that construction workers can get hurt on the job. It is important to report an accident injury immediately to a supervisor, so you can get the medical care you need the very same day. Contacting a personal injury lawyer Memphis, TN is the next crucial step to getting the justice you deserve.
Below are some of the most frequently seen accident injuries on construction sites, and as a worker, what you can do to help prevent them.
What is the leading cause of injuries and fatalities in the construction field?
Falling from immense heights can be one of the biggest risks to workers on construction sites. Every year, almost a thousand workers die due to falls. Construction workers can help prevent this from happening to them by holding their employer accountable if the job site isn’t safe. For instance, a poorly constructed scaffolding can pose a serious risk, especially if it is shaky and built with weak reinforcements. Employers must do their part in protecting construction workers.
Do electrocutions always lead to death?
Another common way that construction workers are harmed on a job site, is due to working around electricity and wiring. Despite efforts made to keep workers safe, it still continues to be a health threat to those in the construction field. Employers must provide safety training, inform workers about personal protective equipment (PPE), and enforce such policies without exceptions. If the gear becomes worn and ineffective, then it is the responsibility of the employer to purchase ones.
What incidents are likely to catch construction workers off-guard?
Objects that are hanging up high on the ceiling, flying debris, and suspended loads becoming loose, are all incidents that are likely to be a surprise to construction workers. Unless a worker is looking upwards, he or she won’t have time to react or get out of the way of a falling object before it tumbles to the ground. Each worker must be equipped with the correct protective gear, such as eyewear, face masks, and hard hats. Workers must not rush and take enough time to secure machinery and tools properly. It is also crucial to remain visible to other workers by wearing reflective gear and bright colors.
What does it mean to be “caught in-between”?
When a construction worker’s body gets crushed or caught between machinery or walls, this is referred to as “caught in-between.” Construction equipment can roll over or machines that aren’t secured may move and squish a worker against a wall or other object. Machines should never be left unattended and every worker is to be trained on how to operate and move heavy machinery safely. Workers are encouraged to tie back long hair, take off dangly jewelry, and to avoid wearing shirts that are too loose.
Should You Hire an Attorney for Your Personal Injury Case?
A personal injury lawyer Memphis, TN recommends knows that when you are injured, you may have a lot of questions running through your mind. While how you’re going to pay for your medical bills might be right there at the top, you may also wonder whether hiring an attorney would be worth the cost. Should you hire an attorney to help you fight your personal injury case? Is it a big enough case? The following are some aspects to consider when making this decision.
How major is the injury?
If your injury is minor, it may not end up costing you much in medical bills. Your attorney fees may be more than you could receive in compensation for minor injuries that only require one visit to the doctor and a few bandaids.
If your injury is major, requiring many surgeries and dozens of follow up visits with your medical professional, it is probably worth hiring a lawyer to help you fight the case. You’ll need to recover the medical bills you already paid as well as future medical bills and your lawyer can help you determine what those costs might be.
Is your injury responding to treatment?
Sometimes an injury responds well to treatment, which typically means you will have less treatment to deal with. If that’s the case, you may not need as much in compensation for medical bills, and it may not benefit you to hire an attorney.
If your injury isn’t responding well or if doctors are trying option after option and can’t figure out how to help you, it’s very likely you will be racking up the medical bills for another long while. That could mean you need the assistance of a Memphis, TN personal injury lawyer.
Does the at-fault party have assets?
If the at-fault party has assets from which to pull your compensation, and you expect the amount will be high enough to hire a lawyer, it will be beneficial to hire someone. If the at-fault party has no assets, you may not ever see the money you are awarded during a settlement. Unfortunately, you may have no way to pay your lawyer in such a situation, so it may not benefit you to hire someone.
Are there other costs associated with the case?
Sometimes you can receive more than just compensation for medical bills. If you have experienced emotional scars, have missed out on employment opportunities or another similar situation, it could benefit you to hire a lawyer because your compensation amount could be higher. You might also receive punitive damages if the at-fault party did something terribly negligent.
What To Ask Your Personal Injury Attorney
What Are Your Initial Thoughts About My Case?
When you are searching for a personal injury lawyer in Memphis, TN, such as those found at Darrell Castle and Associates, PLLC, you should request a free consultation. This consultation is a great time to have your case reviewed. A reputable attorney will look over your case and let you know your possible outcomes. These professionals may suggest that you gather more information to prove your case, or they may tell you that your information and documentation are adequate. They should also be able to identify any issues or difficulties they may encounter when negotiating or trying your case.
Look for someone who is honest about your case. No case is ever assured, and it is rare that no problems are encountered. Therefore, find an attorney who will discuss all your possible roadblocks and how to overcome them.
What Resources Can You Devote to My Case?
You absolutely want a highly qualified, reputable personal injury lawyer in Memphis, TN with years of experience in your type of case. However, you need someone who has the time and resources necessary to get you the best settlement or judgment. If your case is especially complicated, it could take significant time. Your first clue may be whether you receive a call back within 24 hours of requesting your free consultation. You should also discuss how long the attorney thinks the case will take.
Ask about the firm’s resources, including investigators, associates and support staff and finances. Learn about the individuals who will handle your case primarily because it may not be handled by the senior associate or partner you speak with initially. Discuss their experience and qualifications as well as their supervision.
How Will I Be Updated on My Case?
Communication is necessary when you are working on a personal injury case. Your firm, e.g., Darrell Castle and Associates, PLLC, should have a solid communications strategy. Ask about the attorney’s preferred method of communication and how often you should expect to be contacted. Find out when you should contact your personal injury lawyer in Memphis, TN. For example, should you provide medical or financial updates?
Be sure to share your expectations with your attorneys, and ask them about their expectations of you.
What Costs Can I Expect?
In most personal injury cases, your attorneys don’t receive payment until you receive a settlement or judgment. However, you may be expected to pay other costs, such as court, investigative and expert witness fees, even if you don’t win the case. Therefore, get a clear understanding of all the costs you may be responsible for and when the payments for these costs will be due.
Contacting a Lawyer to Assist You
As someone who is dealing with a personal injury, you deserve compensation from the at-fault party. Contact a personal injury lawyer today for help in determining if you have a strong case.
Many people who do not have a personal injury lawyer Memphis, TN recommends find themselves in a very complicated situation. While they may be recovering from their personal injuries and on the road to a healthier life, they are suddenly dealing with insurance agents, requests for them to settle (at low amounts), and bills that are piling up. Especially when you believe that it is obvious that the accident was not your fault, you might think that this will quickly be cleared up and the person who caused your injuries will pay for your bills. However, getting insurance to cover expenses is not typically easy, which is why the Memphis, Tennessee personal injury lawyer from Darrell Castle & Associates, PLLC is ready and willing to help. To see how we can help you with compensation after your personal injury accident, please contact us now.
What kind of damages are typical in a personal injury claim?
Our Memphis personal injury lawyer knows that there are certain damages that are common to many personal injury claims. Below, we will tell you more information about them and under which circumstances you may get them. The common types of damages are known as “compensatory damages” and they are meant to compensate the plaintiff when they have lost something as a result of the accident.
- Income. If you were injured to the point where you were unable to work, it is possible to receive compensation for the wages you have already lost and the future income you will be unable to make.
- Medical Bills. Unfortunately, medical bills can get extremely high. Depending on the type of accident you were in, this may mean trips in and out of doctors’ offices and hospitals regularly, high surgery bills, physical therapy, speech therapy, and money spent on gas. Your Memphis, Tennessee personal injury lawyer can work to get you compensation for these costs.
- Loss of Enjoyment of Life. This may sound vague, but it is possible that if you are unable to continue doing the same enjoyable activities or hobbies that you used to, you can get compensated for the loss of doing things you enjoy.
- Loss of Consortium. If your relationship with your spouse has been impacted (for example, if you can no longer maintain a sexual relationship with your loved one), it is possible to receive compensation.
A Memphis, TN personal injury lawyer knows that other types of damages in personal injury cases are known as “punitive damages” and these are given as punishment for the person who caused your injury. They are not as common as compensatory damages and happen when the act that caused your injury was particularly egregious.
When to Contact a Personal Injury Lawyer in Memphis, TN
If you or a loved one has been hurt in a construction accident, contact a personal injury lawyer Memphis, TN trusts today. You have nothing to lose with the free consultation at Darrell Castle & Associates, PLLC. No matter how minor you may perceive the injury, and regardless of your hope for a full recovery, you could be missing out on the compensation you deserve to get your family through this trying time. A Memphis, TN personal injury lawyer at Darrell Castle & Associates is ready to help today.
Three Common Recurring Tension Injuries at the office:
Several of the most common workplace injuries consist of sprains, splits, and stress. While these injuries can result from distressing crashes (such as drops as well as collisions), they can additionally result from consistent tension or stress. Personal injury lawyers in Memphis, Tennessee are here to help!
Actually, numerous stress injuries are fairly usual amongst employees in a wide variety of occupations. A few of the most usual work environment injuries arising from repeated stress and anxiety (or repetitive strain) include:
- Repetitive Strain Injury– Carpal tunnel syndrome is a recurring tension injury that is common among white-collar workers. Other kinds of workers can establish carpal tunnel syndrome in their wrists as well, and also it can make it tough (if not impossible) for employees to do their tasks.
- Tennis Elbow– Despite its name, tennis arm joint (lateral epicondylitis) is a recurring anxiety injury that is in fact extremely usual amongst employees. Johns Hopkins Medication notes that tennis elbow joint generally results from occupational jobs such as painting, running devices, reducing, welding, operating, and carrying out clinical and also dental tests.
- Injuries Caused By Inflammation– Inflammation is amongst the most-common root causes of repetitive stress injuries. This consists of typical injuries such as tendonitis, stenosing tenosynovitis (” trigger finger”), as well as De Quervain’s Condition. If you are seeking more information on inflammation injuries it is best to seek out a personal injury lawyer in Memphis, TN.
Parking Lot Injuries
Responsibilities for injuries that a person suffers in a parking lot are going to depend on the facts of the incident that causes the injury. If the owner of the premises has been negligent in any way then they may be held liable for any injury or damage to that person. On the other hand the negligence of another user of the parking lot may be responsible for causing the harm as well, such as another driver or pedestrian.
Oftentimes the owner of the parking lot has a duty to take reasonable care in the management of the park lot, which means that there is an obligation to take reasonable steps to ensure the people using the law are not injured or their property damaged. This is true whether the owner is a person or business. A property management company that is responsible for a parking lot has the same duty of care as a business owner and can be responsible for negligence resulting in injury or damage. This means that parking lots have to have certain precautions to make sure they’re as safe as possible.
This does not mean that every single situation that results in the injury is the responsibility of the property owner or manager. If the owner is taking reasonable care and precautions to prevent people from being heard on the premises, then the courts are likely going to side with the owner and not hold them responsible for damage or injuries to anyone in the parking lot. However, the injured person needs to be able to prove to the parking lot owner was negligent or breached their duty of care and therefore caused the injury. This requires showing that the owner knew or should have reasonably known that the unsafe conditions existed and still failed to take steps to remedy these conditions.
So let’s talk about common parking lot conditions that result in liability for the owner for parking lot management. There are a variety of conditions and cause injury to a person a parking lot, and some of these hazards can cause falls or other accident as well.
- Trip hazards, such as cracks or uneven areas are potholes and other defects in the pavement can cause a person to slip and fall. Therefore these hazards must be visibly marked and quickly repaired.
- Snow and ice, if your parking lot manager you’re going to know if your parking lot gets icy. And if your parking lot manager then you know that black ice is extremely dangerous. Therefore you have a reasonable duty to the people using your parking lot to ensure that you salt your parking lot and clean up the snow as soon as possible.
- If the surfaces become slippery when they are wet then you have a duty to warn of the hazard to take action to remove the slick surface. This is especially true of parking lots, as this can cause issues driving and cause you to slip and fall. Much like with snow and ice, you should know how slick your parking lot gets when wet.
- If there is poor lighting in a parking lot then the parking lot management is liable. For lighting a parking lot creature is that a user could be the victim of a crime, therefore if there is a crime committed if somebody is injured or the property is damaged, you may be responsible for a third-party liability. Not only this but having poor lighting makes trip hazards even more dangerous.
- If an owner is aware there is criminal activity in a parking lot that they run and they failed to provide adequate security then they are going to be liable parking lot users the victim of a crime.
Three Common Office Accidents Resulting in Time Missed from work
Not surprisingly, the most common workplace injuries are associated with accidents. According to the NSC, the three most-common types of accidents leading to missed work are:
- Overexertion– In this classification, the NSC consists of lifting, lowering, bending, as well as recurring stress.
- Contact with objects and also tools– This includes being struct by, captured or compressed in between, or squashed by equipment, falling items, and also collapsing structures as well as devices.
- Slips, trips, and falls– Falls can trigger a range of types of distressing injuries, whether they include slipping on a damp floor or dropping from height because of a ladder failing or damaged handrail.
These mishaps (among lots of others) can bring about a selection of different kinds of injuries. In addition to the injuries provided above as the most-common to result in time missed from work, various other typical injuries endured in work-related mishaps consist of:
Back and Neck Injuries– Bulging discs (herniated discs), whiplash, and also other back and neck injuries are likely. They can arise from all kinds of accidents, as well as frequently result in durations away from work substantially longer than average.
Bone Fractures and Dislocations– Bone fractures also result in lasting pain for employees. Dislocations, while usually less severe than cracks, also leave numerous employees in need of short-term disability benefits.
Concussions and Various Other Terrible Brain Injuries (TBI)– Blasts as well as various other types of TBI are more typical than many individuals realize. You do not have to pass out to suffer a concussion; in fact, there are numerous symptoms besides unfamiliarity that can be indicative of a mind injury that needs healing and treatment.
We have now covered numerous of the most typical kinds of office injuries– as well as the most usual causes of those injuries. Currently, let’s discuss the most usual office injuries by body parts. According to the NSC, the 3 body parts most-commonly injured in occupational mishaps are:
Employees who suffer shoulder injuries are most likely to miss the most amount of time from a job. The NSC reports that the typical number of days missed for shoulder injuries is 28. Wrist injuries are next with an average of 15 days missed out on from work, complied with by ankle injuries (11 ), foot injuries (10 ), back injuries (7) and also head injuries (3 ).
If you find yourself missing work because of workplace injury make sure to contact Darrell Castle & Associates, personal injury lawyers in Memphis, TN.
Personal Injury Lawyer Memphis, TN
If you or a loved one has been hurt in a personal injury accident you should contact a personal injury lawyer in Memphis, TN for advice. You have nothing to lose when it comes to a free consultation with Darrell Castle and Associates, PLLC. Knowing what we can do for you may help set your mind at ease as you go through recovery. No matter how big or small the injury or how bad you think it is, you might be missing out on compensation.
What constitutes as a personal injury though? There are several and they are listed below to help you understand what counts as a personal injury.
What Are They Common Personal Injury Types?
There are serval types of peronsal injures. The list could go on forever if you went into detail about each one. However, there are 4 common types that can happen to anyone. You could deserve compensation if you have gone through one of these types of personal injury cases.
- Medical Malpractice
When a doctor, nurse, hospital, or other medical professional is negligent it can lead to serious injuries or even death. There are many different types of medical malpractice which include: misdiagnosing, improper treatment, surgical errors, medication mistakes, pharmacy errors, birth injuries, and failure to diagnose. If you or a loved one have been injured because of a medical malpractice error then you shouldn’t face them alone. Going against the insurance company the medical team has can be daunting and you want the best chance to make sure you get what you deserve.
- Motor Vehicle Accidents
Each year there are millions of people who are injured in a motor vehicle accident. These accidents range from cars, trucks, motorcycles, pedestrians, and bike riders. In big rig accidents, one of the most common outcomes is fatality. If you or a loved one has been injured or lost their life you could be entitled to compensation.
- Wrongful Death
A wrongful death is what happens when someone has been killed due to the carelessness of someone else. Most wrongful death lawsuits happen because of a car or truck crash, nursing home neglect, medical malpractice, construction accidents, and the use of dangerous or defective products. No matter the reason for the wrongful death there is a chance that you can get some kind of recovery for the damages done. Often times that money goes to the funeral of the person who was lost.
- Workplace Accidents
Typically when someone is injured or killed while working for their employer, they aren’t allowed to bring a personal injury lawsuit up. Rather the employee must file a claim with worker’s compensation. The worker’s compensation requires employers to provide various benefits to lawyers. When those aren’t met, however, is when a lawsuit can happen. There are also times where the employer is at fault for not following proper safety precautions.
Facts About Personal Injury Law
Personal injury law, or torts, is the area of law in which people either seek monetary compensation for losses. In most cases, these are injuries caused by another party’s negligence or errors, but sometimes it can be about lost or damaged property, a relationship, or even a reputation. Whatever the nature of your loss, a personal injury lawyer in Memphis, TN at Darrell Castle and Associates, PLLC can help you to get the money you deserve.
Causes of Action
The term “cause of action” simply means the reason you are filing a suit. Generally, it is because someone — the plaintiff — has caused you to suffer some kind of injury or loss. In turn, you have incurred medical and/or repair or replacement costs in addition to suffering emotional or psychological distress. Common causes of action in injury lawsuits usually include:
- Motor vehicle accidents
- Medical malpractice
- Product liability (injury due to a defective product)
- Slip and fall injuries
- Workplace injuries
There are also causes of action that do not involve a physical injury, but rather a loss of some kind. The cause of action in this kind of lawsuit can be wrongful death (a family member was killed by the defendant’s action) or loss of consortium (a person is killed or incapacitated, depriving their spouse or partner of their companionship).
A less common cause of action is loss of reputation because of libel or slander. It bears mentioning that in such cases, truth is the best defense; unless the plaintiff can prove the defendant’s statements were patently false, a libel or slander suit will not be successful.
There may be other causes of injury warranting litigation; a personal injury lawyer in Memphis, TN can help determine if your case is among them.
The word “damages” in a legal context defines the monetary compensation the plaintiff seeks. Damages fall into one of three categories:
Compensatory damages are either economic or non-economic, and a plaintiff may be awarded both. Economic damages are compensation for actual financial expenses and losses, such as medical bills and loss of income. Non-economic damages are often referred to as pain and suffering. They can represent actual physical pain and psychological and emotional distress. Loss of consortium (benefits of a relationship) falls into this category.
Punitive damages are imposed when the court determines that the defendant acted deliberately. A common example is that of a manufacturer that fails to make a product safer in order to save on production costs. Unfortunately, “tort reform” in many states has limited the amount in punitive damages that can be awarded; in Tennessee, this limit is twice the amount of non-punitive damages up to a maximum of $500,000.
If the court determines that the plaintiff’s injuries are minor, they may award nominal damages. For example, an action by the defendant causes the plaintiff some inconvenience or a minor injury that hasn’t really impacted his or her life, so the jury awards a token amount, such as a dollar. A personal injury lawyer in Memphis, TN from Darrell Castle and Associates, PLLC can explain what damages you should pursue.
No matter the personal injury it is important that you speak to a personal injury lawyer in Memphis, TN to learn what they can do for you. You can rest assured that one of our qualified lawyers at Darrell Castle and Associates, PLLC can assist you to get what you deserve. Don’t hesitate and reach out today to learn more.
Personal Injury Lawyer Memphis, TN
There are several reasons that you may need to find a personal injury lawyer in Memphis, TN. When someone is hurt due to wrongful conduct, or better known as negligence or an international act, then you could have a case for a personal injury claim. However, it is important to note that not every injury is going to result in legal liability.
What are the most common causes of personal injury though? With so many different things able to cause a personal injury how do you know that it can be a claim? That is where a lawyer can help you out. The trusted team at Darrell Castle & Associates knows what to do when a personal injury claim comes in, and knows when you have a case. Read on to learn about what the most common causes of a personal injury case are.
Top 4 Most Common Personal Injury Cases
- Auto Accidents
In the United States alone the most common form of personal injury case is an auto accident. Normally when an auto accident happens it is because someone isn’t following the rules of the road or they weren’t being as careful as they should be. A careless driver can normally be held financially responsible for the injures that stem from the auto accident. There are always exceptions to the rule and that is why consulting a lawyer is key.
- Slip and Fall
This is yet another common type of personal injury. Now a slip and fall at your own home isn’t a personal injury case. It is when property owners have a legal duty to keep their premises reasonably safe and free of hazards. These would be public places like restaurants, malls, movie theatres, and even the office. A lawyer is going to be able to help you prove that you have a case and give you guidance on how to tackle your case.
- Medical Malpractice
This is what happens when a doctor or other health care professional provides a treatment, or lack thereof, that falls below the appropriate medical standard of care. The injury that results from this type of care can be expensive to fix or it can be too late. It is important to note that just because you got a bad result in treatment doesn’t mean malpractice occured. Malpractice is a form of negligence and that has to be proven.
- Dog Bites
In most cases, the owner of the dog is financially responsible for bites and other injures caused by the dog. Like everything else, the laws can vary from city to city. A lawyer can help you sort out who is liable for the dog bite and what will happen after that. With the laws varying so much, it helps to have someone that understands the law on your side.
Finding a personal injury lawyer in Memphis Tennessee doesn’t have to be a daunting task. When you walk through our doors here at Darrell Castle & Associates, you can rest assured that our years of experience can help you. If you have any more questions don’t hesitate to reach out today to learn more about what we can do for you.
Steps To Take After a Car Accident
Many accidents occur in which you are completely unaware of what is going on around you. To help a personal injury lawyer in Memphis, TN, fully grasp everything that went down during the accident, you may need to retrace your steps before the wreck. Here are some steps you can take to collect helpful information from the crash.
Rewind to Before the Crash
Think about what happened prior to the collision. You should try to recall the speed limit of the road you were driving on. Knowing the speed limit can tell you and others a lot about how the accident occurred and if you were in a dangerous setting.
The weather also plays a major part in car wrecks, with many vehicles being affected by slippery or icy roads. Understanding how the weather affected your accident will help you see if there were other factors at play.
Check Your Surroundings After the Crash
After the crash, things will likely be in jumbles, but try to recall your surroundings. Many factors will help you and Darrell Castle and Associates, PLLC. determine if you were the victim of a car accident.
The reaction of those around you can tell you a lot about a car accident. After the wreck, make a note of the comments you receive from others along with how vehicles react to the aftermath. Additionally, the other driver plays a key role in understanding how the accident transpired. Reading their emotions will help you determine if you need to contact a personal injury lawyer in Memphis, TN.
Seek Out Help
Darrell Castle and Associates, PLLC. heavily emphasizes that the first thing you should do after a collision is to make sure your loved ones are not hurt even though things may be chaotic. If they are all in a safe condition, realize that you can still very likely be the victim of a car crash. After making sure everyone in your vehicle is not injured, speak with the other motorist.
Make sure you exchange information with the driver. This action may or may not be possible depending on if the other driver is present at the scene or other circumstances arise. Try to get as much information about how everything went down from the other driver’s perspective to better grasp what happened.
As soon as possible after the crash, make sure you reach out to a personal injury lawyer in Memphis, TN, to get a full evaluation of the collision and determine if you are the victim of a car accident.
How Is Negligence Determined?
Regardless of what sort of personal injury case your personal injury lawyer in Memphis TN files suit for, you should know that most personal injury cases involve negligence. Other personal injury cases involve intentional conduct, which we will discuss later. Generally, negligence occurs when the defendant failed to use reasonable care or take reasonable measures to prevent an act that was reasonably foreseeable to cause harm to others from happening. Let’s use an example and take this step by step.
Example: Suppose that you were on a ladder and cleaning the gutters of your home. Your backyard is not fenced in, and neither is your neighbor’s. While you’re cleaning the gutters, your neighbor decides that he wants to play catch with a football with his son. His son is to your back, but he’s not on your property. During this game of catch, the football hits the lower end of your ladder. This causes you to tip over and fall down. You slam against the pavement, injuring your shoulder, jaw, and leg.
In this case, there’s a good argument that, although not prohibited by law, your neighbors’ actions were reasonably foreseeable to result in harm to you.
Negligence is proven by four elements. An element is something that is essential to a specific law. If even one element is missing, that law can no longer apply to the case. For example, if the suit was about defamation and the element of “causing damage to the plaintiff’s reputation” was missing (perhaps because the defendant wasn’t believed or the false statement was not damaging), the plaintiff’s defamation case would be thrown out on summary judgment or, had it gone to trial, the defendant found not liable.
These elements must be present to have a successful personal injury case on the theory of negligence.
- The defendant owed you a duty.
- The defendant breached that duty.
- This breach resulted in an accident.
- The accident is the proximate cause of your injuries.
What Are Intentional Tort Personal Injury Lawsuits?
Intentional torts are not accidents nor mistakes. Intentional torts are just what the name suggests. They are acts that are committed on purpose to cause injury to others. Typically, any personal injury case can be an intentional tort based on the circumstances. For example, let’s take the football example from above. What if there was bad blood between you and your neighbors so that your neighbors purposely hit your ladder with his football, hoping that you’d fall and get hurt? Even a car accident can stem from road rage.
Is It Worth It To Sue For Nominal Damages?
The short answer is, “it depends.” If you want to establish that the defendant violated your rights and have a court confirm that the defendant is legally liable to you, yes, it’s worth it to sue for nominal damages. If you want to seek punitive damages, particularly for intentional torts, yes, it’s worth it to sue for nominal damages. A judge will only award you punitive damages if you receive compensatory or nominal damages first.