Frequently Asked Questions

How Do I Know if Surgical Errors Led to My Baby’s Birth Injury?

If you had to have surgery while you were pregnant or your baby required emergency surgery soon after birth and now your child suffers from the serious consequences of a birth injury, you must be wondering what happened. There are birth injuries that could not have been prevented, but the sad truth is that many birth injuries are the result of preventable negligence. A surgeon is not immune from making a mistake that might cost your child the bright future that you envisioned for him or her. There are questions that you can ask to determine whether it is likely that there was a problem during the surgery or the pre- or post-operative period, that caused the terrible birth injury.

Did the surgeon conduct a thorough analysis of the necessity of surgery and discuss the pros and cons with you?

Oftentimes, a surgeon is focused on doing the procedure rather than making sure that it is the best possible option for the patient. Did your surgeon sit down with you and discuss the potential harm to your child if the surgery was performed? If it was an emergency situation, were any options presented or was surgery the only solution to the exigent circumstances that was offered?

Was there a delay between when the condition that required surgery presented and when the surgery was performed?

There are times when a delay in diagnosis or beginning treatment will cause severe harm to an unborn child or a newborn. If the surgeon was not consulted in a timely manner or the surgeon failed to react to an emergency situation with the speed that the circumstances required, then he may be liable for medical malpractice.

Were there errors in the laboratory tests?

The surgery that was performed and led to your baby’s birth injury may not have been necessary. Did any doctors discuss the lab results that led to the decision to perform surgery? When there are complications during a pregnancy, it is possible that the surgeon and other medical personnel did not take the time to double-check the lab work to make sure that surgery really was warranted.

Did the medical staff carefully monitor the baby and your condition throughout the entire surgical process?

When things become chaotic, or there are other situations that require monitoring, the medical staff may neglect the machines and readouts that are critical to determining the condition of both mother and child. When you were awake and aware of what was going on around you, was there a time that the medical professionals were distracted or did not carefully monitor the display of vital statistics? You may have faced a situation where you knew something was going wrong and tried to get someone to pay attention to your concerns, but you were ignored until it was too late and the harm to your child was irreversible.

There are many errors that may have occurred when you or your child required surgery. The purpose of a malpractice action for a birth injury is not to make hard-working doctors and nurses feel bad because they made mistakes, it is to get you the resources that you need to care for your child. Experienced birth injury attorneys can help you get both the answers that you deserve and the compensation that your child and family need.

Dealing with the consequences of a birth injury requires all of your focus and attention, but do not give up your right to get the compensation that you and your child deserve. You only have a limited amount of time to find out the reason why your child has special needs as a result of a birth injury. The compassionate and dedicated Tennessee birth injury attorneys at Bailey & Greer, PLLC will sit down with you and learn what happened in order to present you with some possible solutions. We want to provide you with all the information that you need to make the decision that is best for your child and family. To make an appointment for a free and confidential consultation, please call us at (888) 470-9143.

How Do I Know if the Improper Use of Forceps Led to My Baby’s Birth Injury?

Pregnancy is a wonderful time where you plan and hope for the future of your unborn baby. However, it also is a time where you have to put your complete trust in a third-party, your doctor, as well as the medical team that supports the physicians during the labor and delivery process. When something goes terribly wrong, you may be faced with many questions about why and how this may have happened and what could have been done to prevent the harm suffered by your baby. Many times, it is the actions of the doctor that ultimately resulted in the injuries. If your baby was hurt through the use of forceps, there are some questions that you can ask yourself.

Did your doctor discuss a Cesarean section with you? When a serious problem develops during the labor and delivery process, there are a number of things that could be done. One of the most common options is delivering the baby via Cesarean section. This should be done if the baby is showing signs of fetal distress, if the baby is too large to be delivered normally, or if the baby presents in a breech or abnormal presentation that does not resolve itself.

Did the doctor allow the delivery to go on too long? Did the labor last far longer than it should have? If the baby becomes stuck in the birth canal, then the condition could lead to harm to the baby. Another possible cause of a prolonged labor is shoulder dystocia, where the infant’s shoulder gets wedged against the mother’s pubic bone, which could be caused by a large infant or an overweight mother.

Did the doctor respond quickly to signs of fetal distress? If your baby started to show signs that he or she was suffering harm during the labor and delivery process, did the doctor respond quickly with options about how to address the situation.

Did your doctor discuss the use of forceps with you? At any point during the labor and delivery process, did your doctor talk to you about the potential use of forceps to deliver your baby and what alternatives might be available. Although an emergency situation may prevent a detailed discussion, if there was time, were you presented with any alternatives?

How quickly did it become clear that your child had suffered harm? After the birth of your baby, did the doctor and nurses respond immediately to your baby’s distress? If your baby was harmed from the use of the forceps, the injuries could present immediately or they could develop slowly over a period of hours or days.

Forceps are one of the tools available to doctors during the delivery process when the baby is not being born in the normal and expected process. Although there are arguments that they are a valuable tool in the hands of a well-trained physician, the fact is that the use of forceps may lead to lacerations and abrasions, intracranial bleeding, hematomas, and skull fractures.

If your child was injured through the use of forceps during the delivery process, there are many questions that you may have, including whether or not the forceps had to be used, or if alternatives that were available would have prevented the harm to your infant. The knowledgeable and compassionate Tennessee birth injury attorneys at Bailey & Greer, PLLC can help you get the answers to the questions that haunt you. We will help you understand what happened to your baby and determine the legal strategy that meets the needs of you and your family. To discuss your case, please call us at (888) 470-9143 to schedule an appointment. At Bailey & Greer, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.

What is a Brachial Plexus Injury and How Can it be Prevented?

The brachial plexus is a group of nerves which begin in the neck and extend throughout the upper body. These nerves can be injured during birth if there is difficulty in getting the baby’s shoulder through the birth canal (a condition called shoulder dystocia) and excessive force is used to deliver the baby. The severity of the injury, as well as the number of nerves which are damaged, affects the likelihood of recovery from a brachial plexus injury.

There are a few different types of brachial plexus injuries which may occur during birth. For example, Erb’s Palsy is an injury of the upper brachial plexus nerves which results in an inability to flex the elbow and loss of motion around the shoulder. Klumpke’s Palsy, however, is an injury of the lower brachial plexus nerves, which causes a loss of motion in the hand and wrist.

Since shoulder dystocia precedes brachial plexus injuries which occur during birth, research into the causes of shoulder dystocia could help with the prevention of brachial plexus injuries. As a result of research into the causes of shoulder dystocia, a list of conditions which are associated with an increased risk of shoulder dystocia has been developed. These risk factors include gestational diabetes, excessive weight gain by the mother, excessive weight gain by the baby, a small pelvic area, shoulder dystocia during a previous birth, slow dilation, and use of a vacuum extractor or forceps during delivery. While the presence of one or more of these risk factors does not necessarily mean that a shoulder dystocia will occur during your birth, it is important that you be aware of the risk. Be sure to talk your birth team and let them know that you are concerned about the possibility of shoulder dystocia and brachial plexus injuries, and that you would like them to work with you to do whatever they can to prevent them.

While not all brachial plexus injuries can be prevented, there are things that can be done to reduce the risk of shoulder dystocia and brachial plexus injuries happening during your birth. The first thing that you can do is to learn as much as you can about brachial plexus injuries and shoulder dystocia, including their causes and how they can be prevented. Also, discuss with your birth team the risks and benefits of an elective cesarean birth if the baby is large, so that the use of forceps or a vacuum extractor would be avoided altogether. A final piece of information for you to share with the medical personnel who are delivering your baby is that you wish for as little force as possible to be applied if a shoulder dystocia does occur during the course of your birth.

Brachial plexus injuries can be devastating for children and their parents. If your child suffered a brachial plexus injury during their birth, you need the assistance of a knowledgeable and experienced birth injury attorney. The skilled Tennessee birth injury attorneys at Bailey & Greer, PLLC know how to evaluate your case and can answer all of your questions. We will sit down with you to determine the best way to proceed. As you focus on the well-being of your child, we will focus on helping you obtain the recovery that you and your child deserve. Please call us today, at (888) 470-9143 to schedule a time to discuss your case with us. At Bailey & Greer, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.

Is there information a Tennessee jury is not told about during trial?

In all cases tried before a jury there are certain things that the jury cannot be told. Some of these things differ based on the type of case being tried, and some apply to most cases. In personal injury cases such as auto and truck accidents, medical malpractice, and premises liability, there are several basic categories of information that is excluded from the jury:

The Defendant Has Insurance Coverage – If a personal injury or medical malpractice lawsuit comes to trial, there is almost always insurance coverage available to the defendant, otherwise the plaintiff would not waste his or her time and money pursuing the case. However, as a general rule, a jury in a civil action will not be told whether or not a defendant has liability insurance coverage that may be available to pay any, or part, of a potential judgment against the defendant.

Prior Conduct of the Defendant – A jury is usually not told if the defendant has acted negligently in the past. For instance, even if a doctor has committed malpractice many times in the past, the jury will not be provided this important information.

Subsequent Remedial Measures – A jury cannot generally be told whether a defendant took certain measures after an injury causing event that, if taken before the accident, would have made the accident less likely to occur. For example, if a person slips and falls on a dangerous staircase, the jury will generally not be told that the landlord repaired the stairs after the fall.

Settlement Offers and Negotiations – The parties are not permitted to tell the jury information about any settlement offers made by the defendant or settlement negotiations that took place between the parties prior to trial. The defendant may have offered to pay hundreds of thousands of dollars, or even millions of dollars before trial. However, the jury will not be told about this and the defendant will be allowed to argue that the plaintiff should not receive any money at trial.

Where the Money Goes – If the jury provides a verdict in favor of the plaintiff, the plaintiff will first have to pay attorney’s fees and expenses. In personal injury and wrongful death trials, the attorney will have worked hundreds, if not thousands of hours, with no guarantee of ever being paid. The attorney has also risked money by advancing expenses, with no guarentee of repayment. Based on the risk taken by the attorney, the attorney’s fee can range from 1/3 to 40% of the recovery in most cases. The injured party will often times have to pay back health insurance liens and medical bills as well. Therefore, if a jury provides a verdict for only the plaintiff’s medical bills, the verdict will not cover the plaintiff’s bills.

These are just a few of the specific things that the parties in a lawsuit are not generally allowed to tell a jury during trial. As with most areas of the law, these general rules have certain exceptions which depend largely on the specific facts of the case being tried. As Memphis Tennessee personal injury attorneys, we are here to answer any questions you may have about the civil justice system.

Do I have to pay my health insurance company back out of my personal injury or wrongful death recovery?

Generally, the answer to this question is “yes.” Take the example of a person that is injured in a car accident. In most cases the injured party will be taken to the hospital for treatment of his or her injuries. If this person has health insurance, then health insurance will pay for their hospital stay, as well as costs associated with any other treatments, such as surgery, physical therapy or follow-up appointments. If the injured party later receives any financial recovery from the responsible driver, either from a settlement or a verdict at trial, the insurance company would generally have a right of “subrogation” as to those settlement funds. In other words, if the injured driver received a settlement of $ 50,000.00, and his or her health insurance paid $ 5,000.00 for medical care, then the health insurance would have a right to be reimbursed
$ 5,000.00 from the recovery obtained from the responsible party.

It is also worth remembering that are many exceptions, loopholes and different factual scenarios that can alter the general rule. Some of these include when the insurance company providing the recovery is your own uninsured motorist coverage, or if the insurance is provided by a program such as TennCare. Also, in many cases, your attorney will be able to negotiate with the insurance company to lower the amount that you have to pay back to the health insurance provider. There are also some scenarios in which money will have to be paid back, such as when the recovery is less than the amount of the injured parties medical bills.

Regardless of the situation, your attorney will advise you of the best way to handle your situation so that you are able to maximize your recovery.

Are there limits on damages available in Tennessee personal injury and wrongful death cases?

Unfortunately, Tennessee law has recently changed and has placed strict limits on damages available to injured people in civil law suits. The ironically titled “Tennessee Civil Justice Act” became the law in Tennessee on October 1, 2011, and limited potential damages to plaintiffs as follows:

The Act has put a $750,000 cap on non-economic damages, except in instances of intentional misconduct, records destruction, or conduct under influence of drugs or alcohol. Non-economic damages are damages awarded to an injured plaintiff for losses such as pain and suffering, loss of enjoyment of life and loss of consortium.

The $750,000 cap on non-economic damages, however, has been raised to $1,000,000 in instances involving catastrophic losses, such as paraplegia, quadriplegia, amputation, significant burns or the wrongful death of a parent who is survived by minor children.

The Act has also placed cap on punitive damages which may be awarded to an injured person. Punitive damages are damages that may be awarded by a jury to punish a defendant for particularly egregious behavior and harmful behavior. Punitive damages send a message that certain acts will not be tolerated in a particular community, and may only be awarded when a jury finds that the defendant has acted intentionally, fraudulently, maliciously, or recklessly. The Act has limited punitive damages to 2X the compensatory damages or $500,000, whichever is greater, except in instances of intentional misconduct, records destruction, or conduct under influence of drugs or alcohol.

The changes in Tennessee law listed above have effectively taken the power to serve justice out of the hands of juries. The limits on a plaintiff’s ability to recover for the most serious and life-altering damages is truly a serious blow to the notion of fairness in Tennessee courts. In some states these types of law have been found unconstitutional and we are hopeful that this will be the case in Tennessee in the future.

Memphis Attorneys Handling Wrongful Death Claims: Know Your Rights

See Our Top 10 FAQ Pages

Do I Have the Right to Appeal a Jury Verdict?

Following a jury verdict in a Tennessee civil case, both parties can appeal as a matter of right to the Tennessee Court of Appeals. For instance, if a person is injured in a Memphis, Tennessee auto accident and the trial results in a verdict for the defendant, the injured party has a right to an appeal.

The purpose of the appeal is not to reargue the entire case. Rather, the Court of Appeals will review the rulings of the trial court to make sure the trial court did not make any errors in applying the law to the case. For instance, if the trial court in a Fayette County medical malpractice lawsuit improperly admitted the evidence, the losing party could attack the trial court’s decision on appeal.

Moreover, it is not enough to simply show that the trial court made an error. It must be shown that the error caused the outcome to be different. An error that would not change the outcome of a case is considered “harmless error” and will not warrant a new trial.

If a party loses at the Tennessee Court of Appeals, the party can appeal to the Tennessee Supreme Court. However, appeals to the Tennessee Supreme Court are not automatically accepted and are generally reserved for issues where the law is unclear, unsettled, or conflicting.

Bailey & Greer represents people with personal injury claims in Tennessee and Mississippi, including Memphis, Germantown, Bartlett, Cordova, Collierville, Arlington, Lakeland, and all of Shelby, Fayette, and Tipton Counties.We have also handled cases in Arkansas, Georgia, and Missouri.

What is the Role of Attorneys, Judges, and Juries in a Tennessee Civil Lawsuit?

An attorney’s obligation is primarily to represent the best interests of the client. The attorney’s duties and obligations will vary depending on the type of case and scope of the representation. This obligation to act in the best interest of the client, however, is not absolute. Tennessee attorneys are bound by ethical rules that offer guidance on how to conduct themselves when certain situations arise and strictly prohibit certain types of conduct. For instance, attorneys are not allowed to lie or misrepresent facts to the court, even though doing so may benefit the client. Visit Mistakes Your Lawyer Can Make for more information on an attorney’s obligation to his or her client.

The trial judge has an obligation to apply the law to the facts of the case in a neutral manner. Trial courts are not allowed to show favoritism to either party. In fact, even the appearance of impropriety will require a judge to be removed from the case. Trial judges often make decisions concerning the exchange of documents before trial and the admissibility of evidence during trial. Tennessee trial judges are also required dismiss frivolous lawsuits and to approve or disapprove of a jury’s verdict following a trial.

The jury is the “trier of facts.” Put simply, the jury decides who wins. In making their decision, juries are required to follow instructions given by the trial court on how to determine fault. Juries are only allowed to base their decision on the facts presented at trial and may not base their decision on outside evidence or on personal feelings or biases.

Does Capping Jury Awards Reduce Frivolous Lawsuits?

Tennessee recently placed an arbitrary cap on the amount of money a jury can provide in a Tennessee personal injury or wrongful death case. The law states that the amount of non-economic damages a jury can provide is generally capped at $750,000, with certain limited exceptions which allow for a higher amount. This cap will apply to personal injury and wrongful death actions such as auto and truck accidents, medical malpractice cases, and premises liability lawsuits. The law applies to any claim that occurs after October 1, 2011.

For more information see What Types of Damages Can I Collect in an Auto Accident Case

How do you make a right turn across the bike lane in Overton Square? Do you turn directly from the vehicle lane?

Making a right turn from Madison Avenue in Overton Square or from any other Memphis street with a designated bike lane requires remembering only two simple rules. First, always turn from the closest traffic lane in the direction you are traveling to the closest legal lane in the direction you want to go. Second, never drive your automobile in a bike lane unless you’re making a right turn.

A bike lane is a legal traffic lane reserved for bicyclists. It is clearly designated as a bike lane and marked by a solid white line, typically breaking into a dotted line ending before it reaches the corner.

Treat a bike lane the same as other traffic lanes. Do not turn into it if a cyclist is in the lane. When you are making a right turn and are within 200 feet of the corner or other driveway entrance, you must enter the bike lane only after ensuring there is no bike traffic, and then make the turn. Do not drive in the bike lane at any other time.

What Happens When Our Young Children Get Hurt? Tennessee Personal Injury Lawyers Explain

Like adults, young children can be harmed by the negligent acts of another. This is not limited solely to car accidents or medical malpractice, but also to other acts that might not affect adults equally. This is because children can be more active and adventurous as they are growing up, particularly in their early years of school. Coupled with the fact that most children are still trying to physically develop and are not effectively coordinated yet, this makes them more susceptible to injuries.

Notwithstanding, children are afforded the same rights as adults in protecting their rights after an accident. This means that they can have a parent or natural guardian commence an action in their name. But there are certain difficulties in representing children, which is why you will need to retain an experienced Tennessee personal injury attorney who is capable of not only representing you and your child, but also being your child’s new friend throughout the course of this litigation.

Some of the difficulties include learning what actually happened during the events causing the child’s injury. Stories may be inconsistent not because the child is lying, but because children are prone to persuasion and still have developing memories. Other difficulties include effectively communicating with the child and asking questions that the child will know how to answer, but without directing or leading the child to answer in a certain way.

As you may have guessed, there are many different causes of child injuries. This could be caused at home, daycare, or at school. Some of the most common situations our compassionate Tennessee personal injury attorneys have handled are the following:

Defective and dangerous toys (i.e., small pieces or lead paint);
Defective child products (i.e., bottles, cribs, car seats, swings);
Car accidents;
Dog bites or animal attacks;
School or park playground equipment accidents;
Negligent supervision at daycare, school, parks, playgrounds, or swimming pools; and
Child abuse.

As a result of any of these different causes of child injuries, or the myriad of other potential hazards for a young child, a wide-range of injuries could result. This includes the common cuts, scrapes, and bruises we are all accustom to our young children picking up, but also more serious injuries such as the following:

Traumatic brain injuries;
Head injuries such as concussions;
Spinal cord injuries;
Significant scarring;
Severe burn injuries;
Blindness;
Paralysis;
Animal bites;
Amputation;
Loss of teeth;
Fractured bones; and
Death.

The question we receive most often is “who will be held liable for my young child’s injuries?” Unfortunately, the answer is a wide one that is very fact-dependant. For instance, if the product the child was either playing with (i.e. toy) or using (i.e. car seat) was defective, there is a whole chain of manufacturers, distributors, and retailers that could possibly be liable. If your child was injured at school or day care, it could be liable for negligent supervision or upkeep of the playground equipment, the school classroom, the bus, or other area(s) where your child was injured. Thus, you will need a resourceful Tennessee personal injury lawyer to retain the proper experts and conduct a thorough and exhaustive investigation of the premises and circumstances leading up to your child’s injuries.

Here at Bailey and Greer, PLLC our Tennessee personal injury attorneys understand how to effectively pursue your claims. Our legal team has a proven track record of compassionately representing our clients injured in Tennessee personal injury cases which is included in our testimonials page and our successful case results. Please contact us today to receive your free case evaluation by dialing locally to 901-352-5233 or toll-free to 888-470-9143.

Should I talk to the insurance company representative after a Tennessee car accident

It is important to understand that Tennessee is an “at fault” state when it comes to compensation for car accidents. Meaning, the system seeks to determine who is legally liable for causing the car accident and requires the at fault party to pay for the losses arising out of the car accident. In addition to some other immediate things a victim of a car accident must do, the victim of a Tennessee car accident can seek compensation for personal injuries by filing a claim with the at-fault driver’s insurance carrier and if the insurance company refuses to pay a fair amount, file a lawsuit in court against the at-fault driver. If the at-fault driver does not have insurance, you may be able to file an uninsured motorist claim with your insurance company.

Therefore, it goes without saying that you will be in contact with an insurance carrier if you are involved in a car accident whether it was a mild accident or a very serious one. While you should always contact an experienced Tennessee car accident attorney to investigate your claim, even if you think it may be minor, you should certainly contact an attorney before giving a statement to an insurance company or the at fault driver’s insurance carrier where the injuries are significant.

That is because insurance is a business. They look to keep their own costs down. Even when the facts may show that the other driver was at fault, the insurance carrier may nonetheless still attempt to prove you were at fault to prevent the insurance company from having to argue with the other that their insured was at fault. Additionally, your own insurance carrier may purposely look for weaknesses in your story to help justify why they will accept the at fault insurance company’s low offer.

It should be apparent that any insurance company is not your friend. Thus, there are certain things to be aware of before you meet or talk to an insurance company. No matter what, do not—under any circumstances—perform the following acts without speaking to a trained Tennessee car accident attorney:

Admit to liability, even if it was just a small point of contention;
Accept, verify, agree to, or otherwise confirm any insurance estimates without your attorney;
Sign or agree to any insurance waiver or release;
Accept any settlement proposal, agreement, or any other discussion of compensation without meeting with your attorney;
Do not allow yourself to be recorded or transcribed on the phone or in a meeting with an insurance carrier; and
Do not provide lists of witnesses to the accident, other than the parties involved and the occupants.

While you may be tempted to quickly recover compensation for your injuries, particularly if you have been out of work for some time, insurance companies know that and will tempt you with immediate cash. Do not fall for that trick. Speak with a competent Tennessee car accident attorney who will aggressively stand up to insurance carriers to make sure you recovery the compensation you deserve.

Here at Bailey and Greer, PLLC our Tennessee car accident attorneys understand how to effectively pursue your claims. Our legal team has a proven track record of compassionately representing our clients injured in car accidents which is included in our testimonials page. Please contact us today to receive your free case evaluation by dialing locally to 901-352-5233 or toll-free to 888-470-9143. Remember, you only have one year from the date of the accident to commence your action to recover compensation.

Who is responsible for providing medical care to inmates at the Criminal Justice Center at 201 Poplar and what can be done when an inmate is denied proper medical treatment

Shelby County, Tennessee is primarily responsible for ensuring that inmates housed at the Criminal Justice Center at 201 Poplar are provided with proper medical care. Providing medical care to inmates is part of any government’s function. However, as is becoming more and more common, private companies are increasingly contracting with cities and counties to provide medical care for inmates in jails and prisons. Such is the case in Shelby County. For several years, Correct Care Solutions has maintained a multi-million dollar contract with Shelby County, Tennessee to provide medical care to inmates at the Criminal Justice Center, as well as at the Shelby County Correctional Center.

When a private company like Correct Care Solutions agrees to take on the governmental task of providing healthcare to inmates, it is agreeing to perform a governmental function. As such, the private company is deemed to be acting under “color of law” and can be subject to a lawsuit brought under the Civil Rights Act.

This act states that if a govermental actor violates the constitutional rights of an individual, the individual can file a civil lawsuit and collect compensatory damages and attorney’s fees. The fact that a private company may be held responsible, however, does not relieve the county of its responsibilities. County officials must still take steps to ensure the constitutional rights of inmates are being upheld. In addition to Civil Rights violations, private companies and municipalities can also be liable for medical malpractice and ordinary negligence.

Our firm has handled many civil rights lawsuits, including lawsuits against Shelby County and Correct Care Solutions (here and here). To speak with a lawyer call 1-888-470-9143 or fill out a form on our contact page.

Can I sue the VA hospital in Memphis, Tennessee for medical malpractice due to a delay in treatment?

The VA hospital in Memphis, Tennessee treats thousands of veterans every year, but a report shows that at least 3 patients died recently due to a delay in treatment or mismanagement. In fact, hundreds of veterans across the country have died as a result of delays in treatment at hospitals owned and operated by the Veteran Affairs Administration. Since 2001, the VA has paid millions of dollars to settle at least 167 lawsuits where the VA itself listed “delay in treatment” to describe the lawsuit. The VA even admits that 23 people have died due to delays in treatment. This may be only the tip of the iceberg. So the question becomes, can the federal government be held accountable for this deplorable conduct?

The Federal Tort Claims Act

Individuals who are injured or killed due to the negligent conduct of a federal employee—including doctors, nurses and other employees of VA hospitals—may be able to bring a lawsuit under the Federal Tort Claims Act (“FTCA”). It is important to understand that active military personnel cannot file a claim under the FTCA. However, veterans can file a claim. Filing a claim under the FTCA can be difficult and confusing, and there can be severe repercussions—such as dismissal of the case—for certain mistakes made in the process. Therefore, it may be wise to contact an experienced FTCA attorney to assist you in the process. The general process is as follows:

File an Administrative Claim – The first step to an FTCA lawsuit is to complete and submit a Standard Form 95 (“SF-95”)to the appropriate governmental agency. Typically the form must be filed within two years of the date of injury. The form includes information such as the date of injury and description of complaint.

Six Month Waiting Period – Once the SF-95 is submitted, the injured party must wait at least six month before filing a lawsuit or until the government rejects the claim. After the six month period, or if the VA rejects the claim, the injured veteran can file suit in the United States District Court.

Limits on Attorney Fees – If the case is settled in the administrative process before a lawsuit is filed, the most an attorney can charge the client is 20%. After a lawsuit is filed, the attorney may charge up to 25%.

No Right to a Jury – FTCA cases are decided by the Federal District Court Judge where the action is filed. FTCA claimants do not have the right to a trial by jury.
Should you have any questions or concerns about your rights, please contact the attorneys at Bailey & Greer for a free consultation. Don’t wait. Call us today at 1-888-470-9143.

What is a qui tam action and who can file one?

During the Civil War, Congress enacted the False Claims Act because, at that time, military contractors were committing fraud by supplying the government with defective goods and price gouging. The Act contained a qui tamprovision that allows a private citizen (whistleblower) to bring suit against someone who he or she suspects has defrauded the government.

In qui tamactions, the person who brought the action is entitled to a portion of the recovery, which can involve very large sums of money. This practice was instituted to encourage whistleblowers to come forward.

In 1986, Congress amended the Act and made it easier for people to file qui tamsuits. The 1986 amendments protect whistleblowers from retaliations against them including those who are, “demoted, suspended, threatened, harassed or in any other manner discriminated against in the terms and conditions of employment”.

Today, many different people and groups of people bring qui tamactions. These people are known as “relators”. Employees, private and federal, both former and current, often act as plaintiffs. In addition, competitors, public interest groups, subcontractors, and state and local governments can lodge a “qui tam” complaint.

Anyone who misuses federal monies can be named as a defendant in a qui tamsuit; however, many defendants come from the medical fields including doctors, hospitals, and HMOs. These cases involve Medicare and/or Medicaid fraud.

If you are thinking of filing a qui tamaction, you will do well to consult a whistleblower actions attorney to find out exactly where you stand. At Bailey & Greer in Memphis, we can offer you the advice you need to make your decision. Call us toll free today at 888-470-9143 to schedule a free case consultation.

I have noticed some fraudulent medical billing at my company. I’d like to do the right thing and report it, but I’m worried about the consequences for my career and my family. What are the hazards of whistleblowing?

You are right to consider the consequences of your actions.

Like you, most Tennessee whistleblowers are dedicated employees who do their job and find evidence of illegal or unethical behavior. These people feel that despite the consequences, they have a duty to report the wrongdoing.

Some people choose to report the wrongdoing to their supervisor first. Whether or not the supervisor is aware of what is happening, reporting illegal activity to your supervisor can lead to a very awkward situation. You may be asked to ignore the situation or to cover up or lie about what you know. If you choose to help cover-up the situation, you may protect your job temporarily, but you also become part of the wrongdoing and risks losing your job, security clearance and reputation if the wrongdoing is ever discovered. You may also put yourself at risk of blackmail and continued manipulation by your employer or supervisor.

If you choose to report the wrongdoing, there can be consequences to your actions. Others in your workplace, even those you considered friends, may turn against you – especially if your accusations somehow threaten their jobs. You may ruin your chances of promotion within your company. You may even be fired. You may be labeled a troublemaker within your industry.

We suggest that you talk to a Tennessee whistleblower actions attorney. Your lawyer can inform you of the protections and rewards available for whistleblowers. If you decide to pursue your case, he can help you prepare the paperwork and present your case to the Justice Department.

To discuss your situation, contact the Memphis whistleblower actions lawyers at Bailey & Greer at 888-470-9143.

I’ve been taking the diabetes drug Actos for more than a year now and I just read that this may cause an increased risk of bladder cancer. What are the common signs and symptoms to look for and how do I get diagnosed?

An FDA study revealed that Actos causes an increased risk of bladder cancer. If you take the diabetes drug Actos, you should consult a doctor at the first sign of any of the following symptoms:

Blood in the urine
Pain while urinating
Urgent need to urinate
Pain in the lower back and abdomen

A urologist will usually be consulted for patients showing signs and symptoms of bladder cancer. The procedure most commonly used to diagnose bladder cancer is when a flexible tube with a camera and various other instruments is inserted into the bladder through the urethra. A biopsy is then performed on a portion of the bladder.

We are involved with handling Actos cases for clients nationwide. Consider consulting an experienced defective drug attorney in Memphis, Tennessee to help bring legal action against the makers of Actos. Call us today for a free consultation at 1-888-470-9143.

I have been thinking about filing a lawsuit against a drug company that manufactures the drug Propecia for my baldness. After three years on this medication, I have realized that it has made it difficult, if not impossible, for my wife and I to conceive a child. Someone told me my suit would probably be part of a “toxic tort litigation”. What is that?

A toxic tort is a legal claim against a person or company that has exposed people to a dangerous substance. While pesticides and chemicals fall under this category, your suit would be a pharmaceutical drug claim.

A toxic tort litigation is, basically, a lawsuit filed on behalf of either an individual or a group of people who have been harmed by a toxic substance. When the lawsuit involves a number of plaintiffs, it is called a class action lawsuit.

When toxic torts come to trial, they must prove several things in order to succeed. Your legal representative must prove:

That the substance (in your case, the drug) was dangerous.
That you were exposed to this drug.
That the drug caused you harm.

As Memphis dangerous drug lawyers, we would represent you and any other people throughout the country who suffered similar toxic effects of the drug, Propecia. Our suit would, hypothetically, target the people who manufacture and distribute the drug.

However, we hesitate to comment on your case without speaking to you first. At Bailey & Greer, we represent victims of dangerous drugs throughout the country. Give us a call toll free at 888-470-9143 today to speak with a Memphis dangerous drug attorney about your concerns.

How much influence do drug companies have on my doctor?

We all like to think that doctors act in our best interest and cannot be influenced by drug companies. However, the research on this subject suggests that drug companies exert considerable influence over physicians.

A 2004 study revealed that of the 15 largest drug companies, the industry spent about 1/3 of its total marketing budget on payments to physicians. Another study done in 2007 showed that 94% of doctors had some type of relationship with a drug company:

83% received meals from drug companies
35% received reimbursement for costs associated with a professional meeting
28% received payment for consulting, giving lectures, serving on advisory panels, or enrolling patients in clinical trials.

Dr. Jerome Kassirer, former editor-in-chief of the prestigious New England Journal of Medicine, says that doctors are indeed influenced by these relationships. “The evidence is really quite clear that money has a major influence on decisions doctors make,” said Dr. Kassirer.

Another area of influence occurs at medical education courses attended by doctors. These seminars, often held in exotic destinations, are often paid for by the drug industry.

Another common area of influence occurs with “ghostwriting.” Under this scenario, a drug company writes an article for a medical journal and then pays a doctor to sign his or her name to the article in order to give the article credibility.

Clinical drug trials are also frequently manipulated. At least 70% of all drug trials are funded by the industry and every aspect of a trial can be manipulated. The physician researchers have a conflict of interest because they are being paid to conduct the study by a company that wants a favorable result. One court found that industry funded drug trials are 5.3 times as likely to be approved as non-commercially funded studies. The result is that dangerous drugs enter the market every year.

Although drug companies have been ordered to pay immense fines for wrongdoing, these fines are meaningless. Even the most staggering fines represent only a few weeks of income for these companies. The process is clear: companies violate the law, make huge profits until they are caught, and then give a small portion of the profit back to the government. Until someone goes to jail, this will continue to be the standard practice for many drug companies.

The Tennessee drug injury lawyers at Bailey & Greer can investigate and handle your defective drug case. We handle cases nationwide, including Pradaxa lawsuits and Actos lawsuits. Call us toll free at 1-888-470-9143.

My father died from a heart attack after kidney dialysis at a Tennessee dialysis center. Can my family file a Tennessee pharmaceutical injury claim?

Patients with end-stage kidney disease have a high risk of heart problems when compared to the general population. However, the FDA recently warned that patients who undergo hemodialysis with the drugs GranuFlo Dry Acid Concentrate or Naturalyte Liquid Acid Concentrate may have an even greater risk of suffering a heart attack. If used incorrectly, these drugs can increase the risk of a heart attack by as much as 600 percent. If your father died after dialysis treatment with GranuFlo Dry Acid Concentrate or NaturaLyte Liquid Acid Concentrate, you may have a Tennessee GranuFlo injury claim.

GranuFlo and NaturaLyte used during hemodialysis to filter the blood and remove wastes. The U.S. Food and Drug Administration (FDA) recalled these drugs in March 2012. Fresenius, the maker of GranuFlo and NaturaLyte, found the drugs could have dangerous side effects if used incorrectly.

GranuFlo Dry Acid Concentrate and Naturalyte Liquid Acid Concentrate have been linked to the following medical conditions:

Hypotension (Low blood pressure)
Hypokalemia (Low blood potassium)
Hypoxemia (Low blood oxygen)
Hypercapnia (Increased carbon dioxide in the blood) (Hypercapnia)
Metabolic alkalosis (Increased carbonates in the blood)
Heart arrhythmia (Irregular heart beat)
Cardiac arrest (Heart suddenly stops beating)
Myocardial infarction (Heart attack)
Heart failure
Coma
Death

Drug companies have a legal duty to ensure that their products are safe and effective when used as intended. Fresenius learned about the potentially fatal effects of GranuFlo and NaturaLyte in 2011 after more than 4,000 dialysis patients suffered heart attacks in Fresenius-owned clinics. Instead of promptly alerting the FDA and the public, Fresenius sent an internal memo to its own doctors. In the meantime, hundreds of people suffered GranuFlo heart attacks.

If you lost a loved one because of a heart attack linked to GranuFlo or NaturaLyte, your family may be eligible file a GranuFlo wrongful death lawsuit. To learn more about Tennessee pharmaceutical injury lawsuits, contact the Memphis GranuFlo injury lawyers at Bailey & Greer at 888-470-9143

I was hurt on the job and my employer is trying to send me a long distance to see a treating physician. Can I be reimbursed for the mileage and cost of traveling to the doctor?

When an employee is hurt during the course and scope of his or her employment, the employer is required to provide a panel of three (3) physicians so that the employee may choose a treating physician. In some cases, the selected treating physician is not in the employee’s immediate community.

In this case, Tennessee law provides a mileage reimbursement to an injured employee that is required to travel more than fifteen (15) miles from his or her residence. The reimbursement rate is a “per mile” reimbursement rate. This rate must be equal to or greater than the mileage allowance paid to state employees. This rate was .47 cents per mile as of August 2011.

Keep in mind that in some cases a treating physician may be within a fifteen (15) mile radius of the inured employee’s residence, but the injured employee may be required to travel longer distances for required medical treatment, such as physical therapy or surgery. This type of travel, regardless of how infrequent, should also be reimbursed.

If you have questions about an on the job injury, contact the Memphis, Tennessee workers’ compensation attorneys at Bailey & Greer. Call us toll free at 888-470-4193.

What is the statute of limitations for a Tennessee workers compensation claim?

The statute of limitations in Tennessee Code Annotated section 50-6-203 requiring the injured employee to file suit within one year of “the accident resulting in injury” is now the only statute of limitations governing claims for workers’ compensation benefits in Tennessee for injuries arising on or after Jan. 1, 2005.

You have Not Received Compensation Benefits

In cases where an employee has not received any compensation benefits, the employee’s workers compensation claim will be barred after one (1) year from the date of injury. The only way to stop this limitation period from taking effect is for the employee to:

Give the employer proper notice of the injury, and
File a formal request for a Benefit Review Conference (BRC) from the Department of Labor.
Both of these notices must be filed within one (1) year from the date of the injury and both of these things must be done to prevent the statute of limitations from running.

You Have Received Compensation Benefits

In cases where an employee has received workers compensation benefits within one (1) year of sustaining a workplace injury, the employee’s claim can still be barred. In this situation, the only way to stop the limitation period from taking effect is for the employee to file a formal request for a BRC with the Department of Labor, within one (1) year from:

The last authorized medical treatment or
The last paid compensation from the employer, whichever occurred later.

When Injuries on the Job Are Not Covered

Remember, if the statute of limitations runs, an injured employee’s claim can be forever barred. This means that an injured employee who does not act in a timely fashion could be barred from receiving any medical benefits or financial compensation by the law of Tennessee.

Analyzing the statute of limitations can be confusing and depends on the facts of a particular case. If you have questions about a workplace injury, contact the Memphis, Tennessee workers’ compensation attorneys at Bailey & Greer. Call us toll free at 888-470-4193.

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My employer’s insurance company has hired an investigator to try to disprove my Tennessee workers’ compensation claim. I have seen him outside my house and he even followed me to the store. Is this legal? What should I do?

Yes, this is legal and hiring a private investigator to check up on workers’ comp claims is a fairly common practice. However, it can be very upsetting to look outside and see a man with a video camera pointed at your house. And sometimes these investigators will go too far.

Generally, an investigator is hired to:

Check your records to see if you are committing fraud by, for example, working at a job that doesn’t require you to pay taxes.
Complete a day or two of surveillance of your activities. He is looking for suspicious behavior that might indicate that you are faking your injury. Even lighting the grill in the back yard can be made to look suspicious.
Install a hidden camera outside your house to record any time you enter or exit.
Follow you to and from doctor’s appointments to observe your behavior before and after.
While not too ethically pure, it is legal for an investigator to set a “trap” for you. For instance, he may put a wallet by your mailbox to see if you bend over to get it if you have claimed to be unable to do so.

Assuming your claim is fair, an investigator is unlikely to uncover anything that could be used against you. However, you should be aware that not all investigators play fair. You should always be vigilant as you go about your daily routine. And, if there is the slightest doubt in your mind that the PI’s actions aren’t legal, contact a good Memphis workers’ comp lawyer right away.

The Memphis law firm of Bailey & Greer understands Tennessee workers’ compensation laws and will fight to uphold your rights. If you have any questions or want to fight a claim denial, call us toll free-today at 888-470-9143. Don’t wait until it is too late.

I was seriously injured working on a Tennessee construction site when the scaffolding broke loose due to faulty construction. I am currently on Tennessee workers’ compensation. Can I still file a lawsuit against the manufacturer of the scaffolding?

If, indeed, the equipment that caused your injuries was defective, then you not only can file suit, you should. Even though you are collecting Tennessee worker’s compensation benefits, very often they do not cover the full scope and range of your injuries.

Workers’ compensation is designed to cover your medical costs and lost wages. It does not, however, begin to deal with the many other financial and emotional hardships you must deal with. Damages like pain, suffering and disfigurement, for example, are not covered.

You are entitled by law to file what is called a “third party” lawsuit, which targets any parties responsible for your injuries. Therefore, you may well want to consult a Tennessee workers’ compensation attorney to handle your case. When you do hire a lawyer, he or she may suggest additional defendants in your suit who may also be liable. The manufacturer of the scaffolding may not be the only party who contributed.

A Bailey & Greer, we know how disheartening and frustrating a Tennessee construction work injury can be. Suddenly, you are dealing with doctors, financial strains and fears of how you and your family will continue to survive in the future. And you must do all this while trying to heal.

Please call us toll free today to see exactly where you stand. You can reach us at 888-470-9143, or fill in the simple, confidential form on this page and we will contact you. Don’t allow someone else’s mistakes to define your life.

Why Would An Employer Hire A Private Investigator to Follow an Injured Employee

The general answer is that many Employers will take any possible steps in order to stop paying workers’ compensation benefits to an injured Employee. In most cases, an investigator will be hired to take photographs or videos which demonstrate that an injured Employee is misrepresnting his or her physical condition. If an Employer is able to show that an Employee has misrepresented an injury, than this Employee would no longer be eligible to receive workers’ compensation benefits, including temporary total disability payments.

In some cases, the photos or videos might be used to establish that the Employee is simply not following their doctor’s orders. In some cases, the investigator may try to speak to the Employee on the phone and start a conversation that can be edited in such a way as to hurt the Employee’s case. In other cases, the investigator may try to speak with people who are acquainted with the Employee, such as a neighbor or a co-worker. If the investigator happens to speak to someone that has a reason to dislike the Employee, this information could potentially be used to hurt the Employee’s case.

The bottom line is that Employers will use private investigators in order to make a case against you. It is not illegal and it is happening every day in Tennessee. If you are injured at work, follow these steps, and remember that someone may be watching you at all times.

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If I Get Hurt At Work, Can I Sue My Employer?

The general answer is “NO.” Under Tennessee law, workers’ compensation provides the exclusive remedy for an employee who is injured while in the course and scope of his or her employment. An employee, therefore, may not sue his or her employer as a result of suffering an injury in the workplace. In fact, workers’ compensation is the exclusive remedy even when an employee is injured as the result of grossly negligent or reckless acts of his or her employer. In addition, workers’ compensation is still the exclusive remedy for an employee’s family, next of kin, personal representative or dependent, whenever an employee dies at work.

This is because workers’ compensation was developed to ensure that employees who are injured on the job receive medical treatment, compensation for loss of pay, and other statutory benefits, without having to enter into litigation to prove elements of their claim. Workers compensation is really a compromise between employers and employees: the employee is guaranteed certain benefits when hurt at work, and the employer does not face a lawsuit or the prospect of paying an injured employee more substantial damages.

There are some exceptions to the “exclusive remedy” nature of workers’ compensation. In cases where an employee is injured while in the course and scope of his or her employment, but the injury is caused by a third party, then the injured employee would still have all remedies available under Tennessee law against the negligent third party. (A good example would be an employee who is struck and injured by a drunk driver while operating a company vehicle).

Another exception would occur any time that an employee is injured by an intentional act of his or her employer. Intentional acts that have been recognized as exceptions to the “exclusive remedy” of workers’ compensation in Tennessee include assault and battery, false imprisonment, defamation, and intentional infliction of emotional distress.

If you have any questions about workers’ compensation benefits, please call the experienced attorneys at Bailey & Greer.

I work at a computer and type on a keyboard for long hours every day. How can I avoid developing a repetitive motion injury?

Almost every type of business relies on computers. Computers have become one of the most common workplace tools for people in many different professions. However, when a person spends the day sitting at a computer and repeating the same motions for hours on end, they risk developing a painful repetitive motion injury.

There are simple steps that workers who use computers can take to prevent repetitive motion injuries. Here are five easy tips from our Memphis workplace injury lawyers.

Keep your body relaxed while working.

Adjust your workspace to fit your body. Make sure that your desk, chair and computer monitor are positioned so you aren’t straining your body while you work.

Sit with you back straight and your neck centered. Avoid craning your neck forward.

Keep your keystrokes gentle and light. Slamming your fingers can cause stress on your joints and muscles.

Take regular, short breaks. Stretch or take a walk to the water fountain.

If you have suffered a repetitive motion injury as a result of your computer-based job, you may need to take time off to recover. Your injury and lost wages may be covered by Tennessee workers’ compensation. If you have questions or problems obtaining your workers’ compensation benefits or returning to work after your repetitive motion injury, please contact our Memphis work injury attorneys at 888-470-9143.

I strained my back while lifting at work. The doctor says that I also sprained a muscle. What is the difference between a strain and a sprain?

Strains and sprains are common overexertion injuries. They often occur when a person overexerts themselves during physical activity or as the result of sitting for a prolonged period of time. Strains, sprains and other overexertion injuries account for more than 25 percent of Tennessee workers’ compensation claims.

A strain occurs when a muscle is stretched or torn. Other terms for a strain are pulled muscle or torn muscle. Symptoms of muscle strains include:

Swelling
Bruising
Redness
Muscle spasms
Pain when the muscle is being used
Weakness in the muscle
Pain when the muscle is at rest
Inability to use the muscle

A sprain happens when a ligament is stretched or torn. Symptoms of sprains include:

Pain
Swelling
Bruising
Weakness in the joint
Limited ability to move the joint
Extreme pain when putting weight on the affected body part
Popping sound

Back sprains and strains are very common injuries. More than half of on-the-job overexertion injuries involve the back. Care for a back sprains and strains usually focuses on reducing swelling and relieving pain. It may include:

Medication to relieve pain and reduce swelling
Icing the injury
Heat
Rest
Gradual return to normal activity

Most people with back sprains and strains fully recover within two weeks. However, some serious overexertion injuries of the back may last longer. Surgery is only required if there is damage to a bone or disc.

If you suffered an overexertion injury while at work, your medical expenses should be paid by workers’ compensation. If you have been denied Tennessee workers’ compensation benefits, a Memphis workplace injury attorney can help. To schedule a free consultation, contact Bailey & Greer at 888-470-9143.

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The lawyer I hired for my Tennessee personal injury lawsuit botched the job, and it is too late to re-file my case. Should I file a legal malpractice lawsuit?

While we do not have the details of your original personal injury case, if you think you have been wronged, you should definitely consider suing for Tennessee legal malpractice. There a several questions you should answer as you make your decision:

Did your lawyer miss court deadlines, causing your case to suffer?
Were any statute of limitations deadlines missed for any elements of your case?
Did your lawyer keep you well informed about your case? Were your phone calls or emails answered promptly?
Were you informed about any and all settlement offers?
Do you suspect that your attorney lied to you at any time while working for you?
Were there any conflicts of interest during the course of your case? If so, did your lawyer deal effectively with them?
Did your lawyer meet the standards of “due diligence” and fully research your case?
Was your lawyer an expert in the laws that affected your case? Were these laws explained to you?
Do you suspect, or have knowledge of, misuse of your money?
Did your lawyer withdraw from your case improperly?
If you have answered “yes” to one or more of these questions, you may have a very good reason for filing a Tennessee personal injury lawsuit.

To find out, you will need to find a lawyer you can trust to look into your case. Our Memphis legal malpractice attorneys at Bailey & Greer are known for our ethical behavior throughout each step of each case we agree to represent.

In addition, we have a thorough knowledge of and experience in legal malpractice cases to fully represent your best interests. Call us today toll-free at 888-470-9143 for a free case evaluation.

I feel that my Tennessee lawyer made ethical mistakes in a recent case, causing me to lose it. I am afraid if I get another lawyer, the same thing might happen. What should I do?

While you do not mention exactly what you feel your lawyer did wrong, we can assure you that the law protects you whenever you hire an attorney. It is perfectly natural to be nervous about consulting another lawyer after your experience, but you really must do this to be sure your legal rights are upheld.

In order to prove that legal malpractice occurred, you must prove that your former attorney:

Was in an attorney-client relationship with you
Was negligent in some way
Caused you damages because of the way the case was handled
Did not act in a reasonable manner in handling your case

Here are some suggestions to help as you move forward:

Don’t wait to find a legal malpractice lawyer to represent you. You want to be sure not to exceed any time limitations and, because legal malpractice can be tricky to prove, you will want plenty of time to build your case.

Research the reputations of prospective legal malpractice lawyers, both through local sources and legal organizations that rate lawyers. The second is easy to do through online sources.

Gather all contracts, agreements, and other paperwork you have regarding your case. Your new lawyer will need all the facts. But, keep in mind that he or she can assist in getting any documents you do not have.

As Middle Tennessee legal malpractice lawyers we believe that you should at least get an opinion on your complaint. Call Bailey & Greer in Memphis toll-free at 888-470-9143 today or fill out the confidential form on this page to get your questions answered.

How do I know if I should file a Tennessee legal malpractice lawsuit?

As we have pointed out before, legal malpractice cases are more difficult to prove than other personal injury actions. That said, there are definitely good reasons to file a Tennessee legal malpractice lawsuit.

Here are some questions to ask yourself before you decide. You do not have to answer yes to every one to proceed with your suit; even one yes answer could be the red flag you need to contact a Memphis legal malpractice attorney.

Did you and the attorney have an “attorney-client relationship”? Did the lawyer give you legal advice on any matter that you feel was inaccurate or harmed you in some way?

Did your attorney miss any deadlines? The statute of limitations can run out or court deadlines can be missed. These are causes for your case to be dismissed before it even had a chance to begin.

Did your attorney keep you informed? A good attorney-client relationship includes open lines of communication. Your attorney should get back to you when you phone or email and make sure you are aware of all aspects of your case, including any negotiations or offers.

Did your attorney handle your money carefully? Mishandling money is one of the most common complaints in legal malpractice cases.

Did your attorney have the experience and knowledge to handle your case? If not, your case could suffer. A lawyer who misleads a client in advertising or solicitation can be held responsible.

These are just a few questions to begin with. There are many more ways an attorney can botch a case. To find out if you have a legitimate legal malpractice claim, you should consult an ethical, experienced Tennessee legal malpractice attorney.

The experts at Bailey & Greer offer advice and aggressive representation to victims of legal malpractice. Call us toll free today at 888-470-9143 to find out exactly where you stand.

Does my Memphis lawyer have to keep everything I tell him confidential?

Yes. Tennessee and federal laws recognize that your attorney is best able to help you if he knows all the details of your case. In order to encourage clients to honest and protect their interests, an attorney has a duty of confidentiality to a client. Your attorney may not disclose any thing that you tell him to a third party without your permission. In fact, your attorney can’t even tell another person that he’s representing you if he doesn’t have your consent. This duty of confidentiality applies even if you did not request confidentiality.

There are exceptions to an attorney’s duty of confidentiality. An attorney can share what you’ve told him without your consent if, and only if, not telling will lead to bodily harm or death of another person. In this case, the duty to prevent harm overrides confidentiality.

There are also some cases where a lawyer can be forced to disclose your information. If your attorney is sued, he may have to provide certain details of your case. However, he will usually file paperwork to make sure those details are only shared with the judge and other attorneys. He cannot provide unrelated information, and he cannot divulge information solely for the purpose of causing you harm.

You are even protected when your case is over. The duty of confidentiality lasts for the lawyer’s lifetime.

If your attorney has caused damage to your reputation or well-being by sharing confidential information without your consent, you may have a Memphis legal malpractice claim. To learn more, contact the Middle Tennessee legal malpractice attorneys at Bailey & Greer at 888-470-9143.

How long do I have to file my Tennessee legal malpractice suit?

If I hired an attorney who acted unethically but do not have any monetary damages, do I have a legal malpractice lawsuit in Tennessee?

No. Damages are an essential requirement of any legal malpractice action. Therefore, even if your attorney lied to you, did not communicate with you, or otherwise did not act in a manner you consider to be ethical and above board, if you won your case, you have no monetary damages and no legal malpractice case.

You are not completely without recourse, however, even if you do not have a legal malpractice case. If you would like more information on understanding your rights following legal malpractice, follow this link to our Articles Library and click on Legal and Professional Malpractice: Tennessee Legal Malpractice: Damages are Required or call us today for a free case consultation.

Will my local attorney be held to a standard of care of attorneys practicing in my small town?

No, the standard of care for a legal malpractice action in Tennessee is a single, statewide standard. As such, you must show through expert testimony that the attorney failed to exercise the ordinary care, skill, expertise, and diligence commonly exercised and possessed by attorneys throughout the state of Tennessee.

Because of the state-wide standard, you will be able to find an attorney to testify in your case outside of the small legal community in your town where small town friendships could negatively impact your potential case and prevent someone from testifying against a friend or colleague.

If you would like more information on understanding your rights following legal malpractice, follow this link to our Articles Library and click on Legal Malpractice Cases in Tennessee use a Statewide Standard of Care or call us today for a free case consultation.

Can a legal malpractice action be maintained against my defense lawyer who represented me in a criminal case?

The short answer is Yes. However, to allege criminal legal malpractice, the Supreme Court in Tennessee has held that post-conviction relief is required. Accordingly, you must show that you have been exonerated in order to maintain a legal malpractice action against your defense attorney.

If you would like more information on understanding your rights following criminal legal malpractice, follow this link to our Articles Library and click on Post-Conviction Relief is Required to Maintain a Criminal Legal Malpractice Action or call us today for a free case consultation.

Can I sue my attorney for legal malpractice even if he is appealing my case?

Yes, you can sue your attorney for legal malpractice even if he is appealing your case.In fact, it is imperative that you consult with a legal malpractice attorney before the appeal is decided if you have reason to believe your attorney committed a mistake or error.Otherwise, the statute of limitations may run on your legal malpractice claim.The statute of limitations begins to run when you have sufficient facts to put you on notice of a potential claim, not after an appellate decision is rendered.

If you would like more information on understanding your rights following legal malpractice, follow this link to our Articles Library and click on Clients Present in Court When an Adverse Ruling is Rendered based on Attorney Error or Misconduct are Put on Notice of a Potential Legal Malpractice Claim , view our blog, or call us today for a free case consultation.

What Are Some Commonly Asked Questions About Tennessee Legal Malpractice Cases?

Undoubtedly, there are many times when we feel “wronged” after having lost a court case. Sometimes blaming it on the attorney can provide a person with a tangible reason for not having prevailed in their case. However, as attorneys, we can never guarantee results nor can be predict what the judge, jury or the opposing counsel will say.

While our education, experience and skills guide us during the legal process, we can never state with 100% certainty that you will ultimately be successful – despite our best and most aggressive legal efforts. Notwithstanding, there are times when legal malpractice is the main reason for why things went awry in the courtroom and as such, should be examined in greater detail. If you feel that you did not receive the attention and care your case deserved which negatively impacted its outcome, you may wish to consider your legal options through contacting a qualified legal malpractice attorney. However, the first step in the process is to educate yourself before meeting with an attorney so that you are prepared to discuss your case and ask the right questions, such as:

Q: How do I know whether my lawyer committed legal malpractice?

Your lawyer’s action, or inaction, must negatively impact the outcome of your case. In other words, you would have won your case but for the actions or omissions of your lawyer.

Q: What should I do if I think my lawyer has done a poor job?

Speak to your lawyer first before taking any actions against your former attorney. You might be able to sort it out or, your current attorney may advise you that legal malpractice did not play a role in why you did not receive the results you expected in your case. Otherwise stated, there may be a reasonable explanation for your lawyer’s actions. If your lawyer’s explanation does not satisfy you, report the matter to the state bar. At that point, you can also consult an experienced legal malpractice lawyer for further analysis and consideration.

Q: What if my lawyer settled my case without asking my permission?

Sometimes clients provide their lawyer with a dollar range of what they would accept as an appropriate settlement. If your lawyer settled within that range without consulting you, your lawyer was in fact, following your direction. However, if your lawyer settled your case without any permission whatsoever, he or she may have committed malpractice. If you can prove you would have obtained a more favorable settlement amount if your lawyer had not accepted that settlement offer, you may have a credible legal malpractice case.

Q: My lawyer says my case is worth a lot less now than when we first discussed it. Can I sue for the difference?

No. Your lawyer may have misjudged the value of your case, but he or she has likely not committed malpractice. Oftentimes new evidence, a change in testimony, or other factors may change a lawyer’s evaluation of your case’s overall monetary worth. However, there is a chance that your lawyer could have exaggerated the value of the case to influence you to hire them. In that instance, it would be best to obtain second opinion on the matter before ultimately concluding that legal malpractice has occurred in your case.

Q: I am worried about the cost of filing a lawsuit. What should I ask about fees?

Attorney’s fees are generally charged in a few different ways. Some lawyers bill by the hour for a case. Others charge what is known as a contingency fee, which is a fixed percentage collected from the total amount of money you are awarded. In other words, this means the lawyer will likely take about a third of whatever you recover in a settlement or at trial. With either option, you will probably have to pay for the costs of litigation. Be sure to find out when you are expected to pay for these costs beforehand so that you are not in shock when you receive your legal bill. Make sure everything is in writing and ask questions if you do not understand something.

Q: I don’t know whether my lawyer is even working my case. I can’t get a returned phone call. What can I do?

You need to find out what the situation is before concluding that malpractice has occurred. If your lawyer won’t return your calls, first send him or her an email or written letter, asking them to contact you. If said efforts are fruitless, you may wish to visit them in person or consider changing lawyers. It is important to understand that lawyers are busy and cannot always get back to you right away. However, if you have persistently tried to contact them to no avail, you may wish to consider your legal options, especially if this has negatively impacted your case.

If an attorney has failed to properly represent you which has caused you to suffer negative legal repercussions, contact one of our experienced Memphis legal malpractice attorneys to review your case and determine the scope of your legal options. The experience and integrity of the legal team at Bailey & Greer, PLLC is what continues to give our clients the peace of mind that their interests will fully be protected. Call us today toll-free at 888-470-9143 or locally at 901-352-5233 for a free and completely confidential initial consultation.

What Is Legal Malpractice?

When you select an attorney to handle your Tennessee case, you assume this attorney, with whom you have put much faith and trust, will handle your action in a diligent, knowledgeable manner. Finding out later that your attorney in fact missed deadlines, failed to file necessary paperwork, or provided you with wholly inaccurate information, can be devastating. If your attorney’s negligence harmed your case, causing you injury, you may have the right to recover through the filing of a legal malpractice claim.

Legal malpractice claims are complex and multi-faceted, and clients are often left confused as to how to best proceed. The following is a brief overview of legal malpractice in Tennessee. It is designed to provide you with some basic information, which you can then follow up with by consulting a knowledgeable legal malpractice attorney.

What Is Legal Malpractice?

Legal malpractice is the term for negligence by an attorney that causes harm to a client. Legal malpractice can also encompass a breach of contract or breach of fiduciary duty by the attorney, again resulting in harm to the client.

What Must I Prove to Succeed in My Legal Malpractice Claim?

In order to successfully sue your former attorney for malpractice, you must prove the following four elements:

You had an attorney-client relationship with the attorney in question. An attorney-client relationship is generally formed when you engage the services of an attorney and they provide you with legal advice. The existence of a contact or paid for services can help establish a relationship, but are not required.
The attorney acted negligently in handling your case. This is a legal standard and allegations of negligence will vary depending upon the facts of your case. It is always best to consult with outside counsel to receive an expert opinion on whether your former counsel acted negligently.
The attorney’s negligent handling of your case caused your injuries. This is the causation component. It is not enough that your attorney’s actions were negligent—they must have caused you injury in order to recover.
Had your attorney properly handled your case, you would have been successful. If your claim would have failed regardless due to a fatal flaw, you are not entitled to recovery. However, if you can prove you had a legitimate, winning claim, your attorney can be held
liable for their part in destroying that case.

When Must I File a Legal Malpractice Action?

You have one year from the date by which you knew or should have known that you sustained an injury due to the attorney’s wrongful conduct in which to file suit. This statute of limitations is set out in Tennessee Code Ann. § 28-3-104(a)(2). It is important to note that the statute may not always begin to run when the action is dismissed; under certain circumstances, it can toll even sooner. It is therefore very important to act diligently in pursuing your claim and seek the assistance of another attorney as soon as you believe you have been injured due to your former counsel’s actions.

Do I Need To Hire Another Attorney to Bring My Malpractice Suit?

Some plaintiffs may feel like they were just wronged by one attorney, why bring in another attorney to file their legal malpractice claim? The reality is that legal malpractice claims are far from simple. They involve complex legal definitions of attorney negligence, have strict and often confusing statutes of limitations, and generally require the introduction of expert witnesses. It is always best to consult with another Tennessee attorney, whom you thoroughly research and trust, as soon as you suspect you have become a victim of legal malpractice.

How Can Bailey & Greer Help Me?

The skilled attorneys at Bailey & Greer can walk you through the filing of your legal malpractice claim each step of the way. Our firm has represented individuals throughout Tennessee and neighboring Mississippi as well, in a multitude of legal malpractice actions. We understand how difficult it is to trust another attorney when one has wronged you. We promise to always strive to achieve the best results for our clients through our knowledge and dedication. You can reach us (888) 470-9143 or locally at (901) 352-5233, and our first consultation is always free.

What Forms the Basis for Legal Malpractice?

There are very few times in a person’s life when he needs to enlist the help of an attorney, but usually it is a stressful time where he is trusting in his lawyer to do the best job possible for him. When that attorney fails to act in with the requisite skill, care, and diligence that another attorney with the same skills and knowledge would reasonably have acted then he may have committed legal malpractice if his actions lead to harm to the client.

Is it obvious that my attorney may have committed malpractice?

If you have suspicions about how your attorney managed your case then the best thing to do is to consult an experienced legal malpractice attorney who can analyze your case with you and determine if mistakes were made.

What is the basis of an attorney/client relationship?

The heart of a legal malpractice claim is the relationship that exists between you and your attorney. When you seek advice from an attorney on behalf of yourself or a business and the attorney provides a legal opinion pursuant to a written agreement or implicit contractual relationship, then the attorney has a legally binding obligation to act in accordance with the standard of care. An implicit contractual relationship may be found based on the actions of both the attorney and the client. There are some attorneys who will defend against a legal malpractice action by disputing the relationship with the client.

Can I recover damages if I cannot prove that I had a contractual relationship with my attorney?

You probably would not be able to recover damages in this case. In a legal malpractice action, the first element that must be demonstrated is that there was an attorney/client relationship. There are limited instances when a non-client can bring an action against an attorney based on advice on which the person relied or harm that a person suffered because of false information provided by the attorney.

What standard must the attorney satisfy?

When an attorney represents a client, he must exercise the skill, care, and diligence that a reasonable attorney with similar experience and knowledge would exercise under similar circumstances. It is necessary to consider the different actions that the attorney could have taken and how much time the attorney had to make the decision and carry out the appropriate tasks. The attorney is not held to a standard where he must act with extraordinary skill, care, and diligence, but merely must meet the minimum requirement. It is not necessarily a breach if the attorney does not choose to pursue what an objective analyst would determine to be the best possible option.

Is there a difference between a bad decision and malpractice?

Yes. An attorney acting in good faith with the best interest of the client as the motivator who nonetheless makes the wrong decision will not be found liable of legal malpractice if he acted in accordance with the standard of care.

There are many other questions that a client questioning whether his attorney committed legal malpractice may have. The best thing to do is sit down with the knowledgeable and dedicated malpractice attorneys at Bailey & Greer, PLLC to discuss your case and determine how to move forward. There is no harm in talking with us, even if you ultimately decide not to pursue a malpractice case. To schedule a free and confidential meeting, please call us at 888-470-9143. At Bailey & Greer, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.

How can I tell if my Tennessee attorney committed legal malpractice?

By retaining an attorney, you are placing your trust in the hands of a professional who is supposed to fight to protect your rights and interests while getting the best results possible. When you discover that your attorney did something wrong that may have harmed you in the long-run, it is tough to know what to do and how to respond. It is important to realize that you do have options. Although bringing a legal malpractice case is complicated, it is possible to hold an attorney responsible for a breach of contract, breach of fiduciary duty, or negligence. There are some questions to ask to determine if a legal malpractice action is possible, including:

How can I tell if my attorney committed legal malpractice?

In order to be liable for legal malpractice, a lawyer must have acted, or failed to act, in a negligent manner and that action must have negatively impacted the case and its resolution. This can be as extreme as losing a case that you would have won but for the actions of your attorney. It also could be malpractice if your attorney accepted a settlement offer that you did not authorize if your case would have been worth more money if pursued further. A demonstration of legal malpractice requires proving the underlying case would have had another outcome with a different attorney.

What if my attorney did not file necessary pleadings or documents in a timely manner?

During the initial case, there are time limits for when specific papers must be filed with the court as well as strict limitations on the time in which an action must be filed. If your attorney had ample time to bring the underlying action or file required documents and failed to do so, then you could have a case for legal malpractice.

How long do I have to bring an action against my attorney?

There are time limits for everything. In Tennessee, a legal malpractice action must be filed from the date on which the attorney committed the negligent act or within one year from the time that the client discovers the wrongful act.

If I suspect that my attorney committed malpractice, what should I do?

The first step is to speak with your attorney. Although this may be difficult considering there will be negative emotions surrounding what your lawyer may have done, it is important to get your lawyer’s rationale for why he did what he did. It may be that the attorney acted reasonably based on facts that you may not have considered. However, if there was a mistake that was made, you will be armed with your lawyer’s justification, or lack thereof, which could help with a legal malpractice action.

Further, you should take any steps necessary to limit the harm that you have suffered, otherwise known as mitigating damages. Then you should contact experienced legal malpractice attorneys to help you determine the best possible legal strategy for you and your family.

Can I get my file from the attorney who handled my case?

As the client, you are entitled to your file. The attorney does have the right to make a copy of your file to retain for his records.

When your legal case has taken a very different turn than the one you expected, it is hard to know whether your original attorney made a mistake. The skilled Tennessee legal malpractice attorneys at Bailey & Greer, PLLC have the knowledge and experience necessary to evaluate your case and answer all of your questions. We will sit down with you to determine the best way to proceed. We believe that attorneys have an obligation to make certain that they perform to the highest standards for their clients and must be held accountable when they fail in this duty. Please call us at 1 (888) 470-9143 to schedule a time to discuss your case. At Bailey & Greer, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.

What Are the Most Common Legal Malpractice Claims?

There are many ways in which a lawyer can commit malpractice, and some of them are more common than others. There are four main categories of mistakes that lawyers make which lead to the majority of legal malpractice claims that are filed in the United States. If you have a feeling that your attorney made a mistake in your case but you are not sure exactly where they went wrong, it is a good idea to learn about the types of actions which constitute legal malpractice so that you can see whether any of them fit the circumstances of your case.

Substantive errors account for about half of all legal malpractice claims in the United States. Some common substantive errors include failing to know the law, failing to apply the law to the facts of the case, and failure to know about deadlines and statutes of limitations. It is easy to see where mistakes of this nature can cause harm to clients. For example, if a case is not filed within the statute of limitations, then it cannot be filed at all and the client has missed their chance to address the matter.

Administrative errors are another common type of legal malpractice claim. Failing to file documents with the court is a leading cause of clerical error malpractice claims. Other types of clerical errors which can result in malpractice claims include work that was delegated to support staff or a junior attorney and not reviewed thoroughly before it was used, missed deadlines and other calendaring mistakes. The practice of law is a detail-oriented business. Lawyers and their support staff must organize their offices, their files, and their time effectively so that they can fulfill the promises of effective representation that they have made to their clients.

Errors in communicating with clients can turn into legal malpractice claims. The lawyer-client relationship is at the heart of every legal matter. When an attorney advises a client, they may describe various options that are available to the client, or they may suggest that a particular course of action is the most likely to produce the outcome that the client wants. Lawyers must be thorough when advising their clients, and take care to explain the likely consequences of each potential course of action. Also, the lawyer should follow the client’s instructions when it comes to what course of action to take, unless the client wants the lawyer to do something which is illegal or goes against the rules of professional conduct by which the lawyer is bound. One example of a client communication error that could result in a legal malpractice claim is if a lawyer accepts a settlement offer without first notifying the client of the offer and obtaining the client’s consent to accept it.

A fourth category of actions which result in legal malpractice claims is intentional wrongdoing. Fortunately, malpractice claims based upon things like fraud, libel, and slander are relatively uncommon. These types of claims account for just over ten percent of all legal malpractice claims, but when they do occur, they make for shocking news stories which shake the public’s faith in lawyers and the legal system. In that respect, they are damaging not only to the victims of the wrongdoing, but to the profession as a whole.

The skillful and dedicated legal malpractice attorneys at Bailey & Greer, PLLC know how to pursue justice for those who have been the victims of legal malpractice. We will take the time to evaluate your case, and we will provide honest answers to all of your questions. Call our office today, at (888) 470-9143 to arrange for a consultation with one of our seasoned Tennessee legal malpractice attorneys. At Bailey & Greer, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.

Should I Fire My Tennessee Attorney?

If you are contemplating firing your attorney and obtaining new counsel, it is important that you think your decision through thoroughly before taking action. While it is sometimes true that securing a different attorney will help your case, it actually may not be necessary. When you are upset with how your attorney is handling your case, try telling them about your concerns so that they can address them. If they do not work with you to remedy your concerns, it is most likely time to replace them with another attorney.

When you have one or more concerns regarding the work that your attorney is doing for you, a good way to get the conversation started is by sending them a polite letter which describes how you feel. You might say that you were accustomed to prompt replies to your phone calls and emails and you are wondering why communications are at a standstill. Perhaps you feel that you have been overcharged for the services that your attorney has provided. Say that you have a question about your bill, and request a detailed description of what you have been charged. Whatever it is that you are concerned about, spell it out for your attorney and ask them to contact you promptly so that the two of you can make a plan to resolve the issue.

If your letter does not generate a reply from your attorney, or if the reply that you do get is rude, unhelpful, or otherwise unsatisfactory, it likely time to find a new attorney. Fortunately, firing an attorney does not have to be messy or awkward. You can fire an attorney by finding alternate counsel and by having your new attorney contact your now former attorney to obtain your case file. If you would like to contact your attorney yourself to fire them, a letter describing your reasons for letting them go is a good way to bring the relationship to a close.

There are a few things to keep in mind when you fire an attorney. One thing to remember is that you may be responsible for paying for any services that the attorney performed on your behalf before you let them go. Of course, if services were performed incorrectly, or if you have incurred damages due to a failure to perform services, you may not have to pay some or all of your former lawyer’s bills. Seek advice from a legal malpractice attorney if you have a question about whether or not you should pay any bills that you receive from your former attorney. Another thing to think about is whether and how you wish to address your attorney’s actions. In some cases, getting a new attorney will get your case back on track with no need to pursue action against your former attorney. Sometimes, though, a complaint to the bar association or even a legal malpractice lawsuit may be both appropriate under the circumstances and necessary to remedy any damages that you have sustained. Again, a legal malpractice attorney can advise you about whether you could pursue disciplinary action or a malpractice claim against your former attorney.

If you have fired an attorney, it is a good idea to review your experience with a legal malpractice attorney. The experienced Tennessee legal malpractice attorneys at Bailey & Greer, PLLC will sit down with you to learn about your case, explain your options, and help you decide how to proceed. To learn more, call us at (888) 470-9143 to schedule a time to discuss your case. At Bailey & Greer, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.

What Should I Do If My Lawyer And I Disagree About My Legal Fees?

When you first met with your attorney to discuss your case, you were probably asked to read and sign a fee agreement. Fee agreements describe the costs that are associated with legal representation, and most attorneys require their clients to sign them before they provide any legal services on their behalf. As you read through the fee agreement, you may have thought that you understood it. It is also possible that there were a few things in there that you did not really understand. If that was the case, you may have signed the agreement without asking any questions, just to get your case underway.

If you thought that having a signed fee agreement would help you understand what you would pay for legal services, you might be surprised when you receive a bill from your attorney (that does not seem to align with what you thought that you read in the fee agreement). When this happens, you may wonder what you should do. Should you just pay the bill so that the attorney will continue working on your case? Should you ask the attorney for an explanation of some or all of the charges that you do not understand? If the bill seems clear, but you believe that there is an error, should you just come right out and tell them so? Talking about money can be uncomfortable, even in our most intimate relationships. It is no surprise that clients are often reluctant to ask their attorneys to help them understand their legal bills.

If you do not understand your lawyer’s bill or you think that there has been a mistake, you should bring it to your lawyer’s attention. Lawyers are just like everyone else, and they sometimes make mistakes. Do not be afraid to ask for an itemized bill and a copy of your file, so that you can examine the issue thoroughly. If a mistake has been made, a good lawyer will acknowledge it and will recalculate your bill so that it is accurate. If the bill is correct but you do not understand the charges even after rereading your fee agreement, a good lawyer will take the time to help you understand them. Of course, fee-related questions are not always addressed by attorneys in ways that are satisfactory to their clients. Sometimes, an attorney and their client are unable to agree about how to resolve a dispute over legal fees.

Fortunately, you have some options when it comes to dealing with disputes over legal fees. In Tennessee, many local bar associations have Fee Dispute Committees which handle complaints from clients regarding allegedly excessive fees. Fee Dispute Committees are often successful in helping attorneys and their clients resolve fee disputes. If such a Committee is available in your area, this may be a good way to work through the dispute efficiently. Another option for addressing a fee dispute with your attorney is through court action, just as you would handle a dispute over the value of services with a contractor or other professional.

If you feel as though you have been overcharged for legal services, the seasoned Tennessee legal malpractice attorneys at Bailey & Greer, PLLC are here to help you. We will answer all of your questions, explain your options, and help you decide how to proceed. To learn more, call us at (888) 470-9143 to schedule a time to discuss your case. At Bailey & Greer, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.

What Does Legal Malpractice Look Like?

If you have been less than impressed by the work that your attorney has done on your behalf, you are not alone. Quite a few clients express some form of dissatisfaction at the way that their case was handled. However, only a handful of these dissatisfied clients have actually experienced legal malpractice. Since there are a few types of legal malpractice, it may be helpful to distinguish situations in which malpractice has occurred from situations in which the client is dissatisfied but no malpractice has occurred.

When an attorney makes a mistake, it is upsetting for their client. However, attorneys do make mistakes, just like anyone else. While the mistake that your attorney made with your case is certainly upsetting, it is essential that you think about whether the mistake has caused you any harm before you file a complaint against them. For example, if your attorney does not file a specific form by the proper deadline, your case may be dismissed or a default judgment may be entered against you. Those are situations in which there has been harm, so it is possible that malpractice has occurred. However, if the mistake is something which can be fixed without putting you at a disadvantage, there are no damages and therefore no malpractice.

If some time has passed and you have not received any communication from your attorney about how your case is progressing, you may feel concerned, and rightfully so. After all, you have placed an important legal matter in their hands, trusting that they will do what needs to be done in order to pursue the result that you wish to accomplish. However, it is not necessarily true that your legal file is languishing at the bottom of a file drawer just because you have not heard from your lawyer for a while. Each legal matter has different tasks associated with it, and in some cases, there may be periods of time where your case is in a sort of holding pattern between the various stages that it will go through on its way to resolution. The best way to address the situation is to contact your attorney, and let them know that you would like an update on your case. A good attorney will make time to contact you, even if it is just to say that your case is waiting on something before it can proceed to the next step in the process. If your attempts at communication go unanswered, request a meeting with them. If they will not meet with you, it may be time to speak with the Tennessee Board of Professional Responsibility about filing a complaint against your attorney.

Sometimes, lawyers have to be the bearers of bad news. In some cases, this entails speaking with their clients about why they cannot do exactly what the client wants them to do. In other cases, a lawyer and her client may have different thoughts about the overall strategy for the case. Again, reasonable minds can differ about how a particular case ought to be handled without malpractice occurring. Your lawyer is a skilled professional who knows how to get their clients what they want. It is possible that the end result may be what you had hoped, even though the path to it is not the one you would have chosen yourself. Remember that the key factor in determining whether malpractice has occurred is whether the client has been prejudiced or damaged by the defendant’s actions.

If you think that you might be a victim of legal malpractice, the seasoned Memphis Legal Malpractice Attorneys at Bailey & Greer, PLLC are here to help you. To learn more, call (888) 470-9143 to schedule a time to discuss your case. At Bailey & Greer, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.

What is a Conflict of Interest?

One of the client concerns which commonly gives rise to actions for legal malpractice is the conflict of interest. While a conflict of interest may be defined as a loyalty to one party which is likely to have a negative impact on the manner in which a lawyer will advise another party, this short definition of the term may not be sufficient to convey an understanding of how legal malpractice actions based upon an alleged conflict of interest arise.

Conflict of interest cases involve the very deeply held values of trust and loyalty. Trust is at the heart of the attorney client relationship, and clients must be able to trust that their attorney will use his or her independent judgment in representing them. They must also be able to trust that their attorney is loyal to them in his or her advice and actions. When plaintiffs allege legal malpractice based upon a conflict of interest, the rationale behind the allegations is usually that the attorney acted on the plaintiff’s behalf or advised the plaintiff with someone else’s best interest in mind, and as a result, the plaintiff lost their case.

The Rules of Professional Conduct do not prohibit attorneys from representing clients whose interests may be in conflict with each other. They are, however, required to handle the issue of potential and actual conflicts of interest responsibly. Handling conflicts responsibly involves a number of things, including screening for potential conflicts during the client intake process, disclosing potential conflicts of interest, and, in situations where clients decide to go forward with representation by the attorney despite the existence of a conflict, the proper acquisition of informed consent.

Some legal malpractice actions are based upon situations where attorneys take on representation of clients that they should have declined due to a conflict of interest which cannot be waived as per the Rules of Professional Conduct. Attorneys must know the ethical rules in their jurisdiction regarding which types of conflicts may be waived and which may not. If a conflict may be waived and the clients choose to waive it, informed consent must be properly given in writing. A failure to do so may give rise to a malpractice action later on, if the party who supposedly waived the conflict is dissatisfied with the lawyer’s representation for any reason. In fact, failure to obtain proper informed consent is the most common type of legal malpractice action involving conflicts of interest.

Attorneys are also required to use care in defining the lawyer-client relationship, and in managing their contact with potential clients so as not to create conflicts of interest. If an attorney meets with a potential client and decides that they cannot undertake the representation for any reason, including potential conflicts of interest, they must inform the potential client of the declination in a non-engagement letter. Non-engagement letters inform the potential client that they do not have an attorney-client relationship with the attorney who sent them the letter. They also serve the purpose of suggesting that the non-engaged client should seek alternate counsel right away in order to preserve their rights.

If you think that you might be a victim of legal malpractice, whether your claim is based upon a conflict of interest or not, the experienced Memphis Legal Malpractice Attorneys at Bailey & Greer, PLLC are here to help you. To learn more, call (888) 470-9143 to schedule a time to discuss your case. At Bailey & Greer, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.

What is a Statute of Repose?

If you are thinking of filing a claim for legal malpractice, you are probably aware that there is a statute of limitations on legal malpractice actions. Under Tennessee law, legal malpractice plaintiffs must file their malpractice claims within one year of the date that the cause of action accrues, or at the time when it is discovered by the plaintiff. What you may not know is that beginning on July 1 of this year, legal malpractice claims are also subject to a statute of repose, which is a different type of restriction on claims than a statute of limitations.

The Tennessee General Assembly has implemented a statute of repose for legal malpractice actions which sets the repose period at five years from the date of the act or omission which could constitute legal malpractice. A statute of repose is different from a statute of limitations in that it can begin and end without an injury occurring or, if an injury does occur, it may not be discovered until the statute of repose has already run. In Tennessee, since the statute of repose begins to run at the time the act or omission which could possibly amount to legal malpractice occurs, it is possible that a potential plaintiff may have no idea that the act or omission has occurred, or, in the alternative, may not be aware that they have suffered an injury because of it, until after the five year statute of repose has run.

In most cases, once the statute of repose has run, any claim against the attorney regarding that particular act or omission is barred. If, however, the defendant attorney has engaged in fraudulent concealment and the plaintiff can in fact prove that such fraudulent concealment occurred, the statute of repose will not bar the plaintiff’s claim. In a case where there has been fraudulent concealment, the plaintiff must bring their claim within a year of discovering that their cause of action exists.

Since potential legal malpractice plaintiffs must be able to prove fraudulent concealment in order to avoid being barred by the statute of repose, it is important that they understand how they could prove it. The statute of repose in Tennessee is so new that it has not yet been tested by a claim of fraudulent concealment. It is quite possible that Tennessee courts will choose to use the same test in legal and professional malpractice actions that they currently use in medical malpractice actions. If the Tennessee courts do choose to use the test, often referred to as the Shadrick test, because it comes from the case of Shadrick v. Coker, 963 S.W.2d 726, 736 (Tenn. 1998), then plaintiffs will have to prove four things in order for the court to find that there has been fraudulent concealment. Those four things are that the defendant either took action to conceal the wrongdoing or concealed it by remaining silent despite having a duty to notify the client, that the plaintiff could not have discovered the wrongdoing through the use of reasonable care or diligence, that the defendant was aware of the facts which would give rise to a malpractice action, and that concealment actually occurred by reason of material information being withheld from the client in some way.

If you think that you might be a victim of legal malpractice, it is important to speak to an attorney right away so that your claim is not barred by a statute of limitations or the new statute of repose. The experienced Memphis Legal Malpractice Attorneys at Bailey & Greer, PLLC are here to help you. To learn more, call (888) 470-9143 to schedule a time to discuss your case. At Bailey & Greer, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.

Can I sue my negligent Memphis, Tennessee apartment management company for punitive damages?

Punitive damages are available against Tennessee landlords and property owners only when their conduct is particularly egregious. While compensatory damages in Tennessee landlord negligence cases compensate an injured person for things like medical bills, lost wages, and pain and suffering, punitive damages exist for the purpose of punishing the defendant.

Under Tennessee law on punitive damages, the landlord or owner of the property must be found to have acted: 1) intentionally, 2) fraudulently, 3) maliciously, or 4) recklessly. For example, if your landlord refuses to fix a tenant’s broken smoke detector after repeated requests, you may be able to prove that his or her conduct was reckless. Further, the plaintiff must prove the landlord’s or property owner’s conduct by “clear and convincing” evidence, which is a higher burden of proof than is required to prove ordinary negligence.

Punitive damages play an important role in Tennessee premises liability cases. Punitive damages punish reckless property owners and they send a message to the community that reckless conduct will not be tolerated in Tennessee.

If you have a question about whether you may be entitled to punitive damages in a premises liability case, contact one of our experienced Shelby County landlord neglect lawyers today by calling 1-888-470-9143.

What must I prove to win my Tennessee premises liability case?

In order to be successful in a Tennessee premises liability lawsuit and hold a premises owner and/or operator liable for your injuries, you must prove three (3) things. Those are:

1. Negligence of the owner and/or operator – you must first prove that the owner and/or operator of the premises where your injury occurred was negligent by either creating a dangerous condition on the premises or permitting a dangerous condition to exist on the premises.

2. Dangerous condition caused the injury – the second thing you must prove is that your injuries were actually caused by the dangerous condition on the premises.

3. Owner and/or operator had notice of the dangerous condition – the third and final thing you must prove in order to be successful in a premises liability case is that the owner and/or operator had notice of the dangerous condition causing your injury prior to the injury occurring.

If you or a loved one have suffered an injury while in a building or on land owned by someone else, you may have a premises liability lawsuit against the owner and/or operator. The experienced and skilled Tennessee premises liability lawyers at Bailey & Greer can assist you in evaluating your potential case. To learn more about your legal options or to ask us questions about premises liability cases, schedule a free, no-obligation consultation with a friendly Bailey & Greer attorney. Just visit our Free Consultation page or call Bailey & Greer now at 901-352-5233.

I recently slipped and fell while shopping at a Tennessee mall. The floor was wet but not marked, and I just went down. I have a broken hip and need help with my medical expenses. Do I need to see a lawyer?

As Memphis slip and fall lawyers, we often hear stories like yours. And yes, if you want to file suit, you will need the services of a good attorney who can be sure you get all the compensation you deserve.

Because the floor was wet and unmarked, there is a good chance that a “hazardous condition” existed and the property owner was negligent. This means that there was a potential for injury and, if the owner had the opportunity to correct the situation and didn’t, he can be held liable.

Hopefully when your accident occurred, you filled out an accident report. Most public businesses do this as a matter of course. This report should include what happened, eyewitnesses to both the fall and the conditions causing it, and any other information that could help to clarify the conditions.

If you decide to pursue legal action, your lawyer might ask for several types of compensation. These are:

Medical bills
Loss of wages
Pain and suffering
The possibility of ongoing medical bills

At Bailey & Greer, we offer caring, compassionate and expert advice for Memphis area slip and fall accident victims. Give us a call today toll-free at 888-470-9143 for a free case consultation, or fill out the confidential contact form on this page. We will take an expert look at your case and let you know just exactly what your options are.

I recently fell down a flight of stairs at a Tennessee business and broke my hip. Now I am looking at a long recovery, missed work and other expenses. If I decide to file a personal injury claim, what do I have to prove?

Stairway accidents are all too common and they can be caused by many hazardous conditions. These include slippery surfaces, ice, worn carpeting or other materials, and building code violations, to name just a few.

While you do not mention how your accident happened, if you feel that your injury was caused by someone else’s negligence, you may have a Tennessee premises liability case. If so, you will need to prove that the property owner was at fault (liable) in some way.

One of the following must have happened to prove premises liability:

The owner of the premises or an employee caused the accident by neglecting to ensure the safety of the stairway.
The owner of the premises or an employee knew about the dangerous condition on the stairway but did not do anything about it.
A “reasonable” person would have noticed the dangerous condition and done something about it.

The injured person (in this case, you) was not at fault, or was only partially at fault. The law allows you and the defendant to share the blame for your accident. This is called “comparative negligence” and makes it possible for you to share the blame and still collect a percentage of the compensation.

You should also know that stair accident cases are more complicated than most slip and fall accidents. For instance, sometimes defects in a set of stairs may not be easy to see, remaining hidden, unless you are able to figure out what really happened.

As Middle Tennessee slip and fall lawyers, we at Bailey & Greer can guarantee we will do our absolute best in handling your case. Call us today toll-free at 888-470-9143 to find out what we can do for you.

I was recently shopping at a Tennessee mall when a woman walking in front of me slipped on some wet flooring and fell. She was unable to get up and said that she was having trouble breathing. I didn’t know what to do. Was this a spinal cord injury?

We can’t answer with certainty, but inability to move and difficulty breathing are both signs of spinal cord injury. As Memphis premises liability attorneys, we do know that every time someone falls it is a good idea to have him or checked out medically. And if there are any signs or symptoms of spinal cord injury, this is a medical emergency.

As far as what you should have done, there are some standard procedures for helping a spinal cord injury victim until the EMTs arrive:

MOST IMPORTANT of all, do not attempt to move the injured person. By doing so, you could cause even more serious damage to the nerves in the spinal cord.
Someone should call 911 immediately.
Urge the person to remain perfectly still until help arrives.
If possible, carefully place heavy towels or another soft, thick item on each side of the neck to keep the head from moving.

Whenever someone is injured on public property, the manager or owner should provide documentation of the accident and be sure the injured person is properly cared for.

Finally, anyone who is injured on public property should contact a Tennessee premises liability attorney if there are any questions of who is at fault. Bailey & Greer in Memphis represents slip and fall victims and can answer your questions. Call us today toll free at 888-470-9143 for more information.

I hurt my knee when I slipped and fell at a Memphis shopping mall.

It is always a good idea to contact a Memphis slip and fall attorney after a Tennessee slip and fall accident, especially if your injury is serious enough to cause you significant pain and keep you out of work. You may have a slip and fall injury claim. The validity of your claim will depend on the circumstances that caused your injury.

In order to file a Tennessee slip and fall accident, you and your Memphis personal injury lawyer will have to show that the owner or manager of the shopping mall or store where you were injured was in some way responsible for your injuries. You will need to prove that the manager had a duty to ensure your safety and that his or her negligence caused your injuries.

If you have a valid Tennessee slip and fall accident claim, you may be able to recover damages for your medical bills, pain and suffering, as well as compensation for any income you lost while you were unable to work.

For more information about slip and fall injury claims, contact the Memphis personal injury attorneys at Bailey and Greer at 888-470-9143

There was a fire at the Memphis, Tennessee apartment I am renting. I was hurt and my spouse was seriously injured, is my landlord responsible?

As a renter, your landlord owes a duty to provide you with a safe residence. If the landlord ignored warning signs that there was a problem, failed to provide appropriate required safety equipment, or hired improper individuals to perform electric work, they may be responsible for your injuries.

Warning signs often include:

Sparking electrical outlets
Smoking outlets
Charred outlets
Smelling burnt plastic
Popping or buzzing noises coming from outlets
Flickering or dimming lights
Frequent breaker trips
Previous fires at other apartments in the complex

Additionally, the landlord must provide a fire detector and fire extinguisher in each apartment and make sure that repairs are performed by properly licensed and trained electricians. If you see any of these warning signs, you need to contact your landlord immediately in order to prevent injury. If you have already been injured in an apartment fire, contact Memphis premises liability attorneys at Bailey & Greer at 901-352-5233 or toll-free at 888-470-9143 for a free consultation.

Bailey & Greer represents people with premises liability claims in Tennessee and Mississippi, including Memphis, Germantown, Bartlett, Cordova, Collierville, Arlington, Lakeland, and all of Shelby, Fayette, and Tipton Counties. We have also handled cases in Arkansas, Georgia, and Missouri.

My daughter was killed in a Memphis, Tennessee apartment fire. Is there anything I can do for my loss?

Yes. In Tennessee a parent who loses a child in an apartment fire can seek legal recourse against the property owner whose actions or failures to act caused the fire and subsequent death. In general, the following rules apply to Tennessee wrongful death.

When wrongful death occurs to a single person, his or her adult children may file. If there are no adult children, then the parents are next in line.

When the decedent is a minor and unmarried, his or her parents or estate administrator may file suit.

If the victim of wrongful death’s parents are deceased and he or she has no children, Tennessee law allows a sister or brother to file.

In addition to other damages a parent may be able to receive for a wrongful death, Tennessee courts acknowledge that parents of a child can also be awarded what is referred to as “consortium damages.” Consortium damages are damages that are awarded to an individual that has lost companionship with someone like a spouse, parent, or child.

Bailey & Greer, in Memphis, represents families with compassion and legal expertise. Contact us toll-free today at 888-470-9143 to get your questions answered. We treat each case we take with the care we would give our own families.

I suffered personal injuries in a Memphis, Tennessee apartment fire. How long do I have to file a lawsuit?

The amount of time you have to file a lawsuit is referred to as the “statute of limitations.” In order for you to file a lawsuit, you must file it within the applicable statute of limitations time period. In general, Tennessee Code Annotated Section 28-3-104 governs what the applicable statute of limitation is for personal injuries and wrongful death. This statute requires that lawsuits for personal injuries or wrongful death be brought within one year from the time the personal injuries or wrongful death occurred. However, it is important to contact an attorney as soon as possible after an accident.

We know the pain and suffering that can come with life-changing injury or the death of a loved one. We offer the comfort and security of knowing that those who are to blame will be held responsible for your damages.

Contact the experienced Memphis premises liability attorneys at Bailey & Greer online or call toll-free at 888-470-9143 to set up a free initial consultation. Don’t wait until it is too late.

Is a Tennessee landlord responsible when a tenant’s dog bites another?

Whether a landlord is responsible for dog bites or other attacks by dogs owned by tenants varies from case-to-case and is very factually dependant on the circumstances. This is why having an experienced Tennessee personal injury attorney is important because a thorough background and history of the dog will be necessary to prove your claim.

Dog Bite Statute

Strict liability was established in Tennessee for injuries caused by canines under specific circumstances in the Dianna Acklen Act of 2007. This has been codified under Tennessee Code 44-8-413. Under this act there is a two part duty: (1) the dog needs to be under reasonable control and (2) not running at large. However the duty can still be violated if the dog is not under reasonable control and not running at large (such as when an owner allows their dog to run loose on their unfenced front lawn). If this duty is breached and a person is injured as a result of the breach, the owner of the dog could be subject to civil liability for the damages of the injured person.

There some exceptions to this statute, such as:

If the dog is doing police or military work;
The dog is protecting someone from being attacked;
If the dog is securely confined in a kennel or similarly restrained;
If the victim provoked the dog; and

If the attack occurs on residential, farm, or other noncommercial property that is owned, rented, leased, or occupied by the dog owner with the property owner’s (unless the victim can prove scienter. Scienter is when the dog’s owner knew or should have known of the dog’s “dangerous propensities”). This is known as the “residential exclusion.”

Elements Plaintiff’s Must Prove

When a plaintiff sues for injuries or death caused by a dog bite they need to prove three elements:

That the defendant owned the dog;
That the defendant’s dog caused the injuries; and
That the defendant knew or should have known that the dog had “dangerous propensities.”

Responsibility of Landlords or Dog Bites Caused by a Tenant’s Dog

Under Tennessee law, the landlord is responsible only if he or she had knowledge that the tenant’s dog had a vicious propensity and the landlord had retained enough control of the leased premises so as to require that the tenant remove the dog or have it safely restrained. This standard can be difficult to meet as constructive notice is not enough. In the 2005 case Langford v. Darden, the plaintiff was unable to recover damages from the landlord because there was not any proof that the landlord had knowledge of the dog’s propensity to violence, even though there was pervasive publicity about the viciousness of the tenants’ dog.

Control

There are a couple of ways control can be demonstrated. If a provision in the lease gives the landlord the right to evict the tenant if he or she engages in “dangerous” activities or “inappropriate” activities. Additionally, control can be established if the lease gives the landlord the right to allow or disallow the tenant to keep a pet.

Damages

If you or a loved one has been bitten or attacked by a dog, you can generally recover damages for:

Past and future pain and suffering;
Future medical care including plastic surgery;
Loss of enjoyment of life;
Lost earning capacity;
Lost wages;
Medical bills;
Permanent impairments; and
Scarring or disfigurement.

Here at Bailey and Greer, PLLC our Tennessee dog bite attorneys are trained and regularly handle Tennessee dog bite cases. We understand how to prove the dog owner had knowledge of the dog’s dangerous propensity to harm you or your loved one. We also understand that the majority or dog bites and animal attacks are on young children. Our legal team has a proven track record of compassionately representing our clients, including children, which we provide a few examples in our testimonials. Please contact us today to receive your free case evaluation by dialing locally to 901-352-5233 or toll-free to 888-470-9143.

My daughters husband died a few months ago in a Memphis car accident. A drunk driver who ran a red light hit him. Sometimes it seems like her grief and anger will never end. How can I help her?

Your question brings up a very important issue – that of Tennessee wrongful death and the devastating emotions accompanying it.There are many steps you can take to offer your support and help your daughter through this very difficult time in her life. Here are a few suggestions:

Just be there for her and let her know that you are. Accept the fact that you cannot make her feel better, and accept her tears if she wants to cry.
Allow her to be silent, listen when she wants to talk, and accept what she says without judgment. Don’t try to fill silences with chat about daily news, etc.
Be careful what you say. For instance, don’t ask her to just, “Remember all the good times you had together”. It is okay to mention her husband’s name.
Remember that it may take a long time for the hurt to heal. Be patient.
Offer practical support like taking care of the kids, shopping or cooking.
Finally, help her to deal with the anger by helping her explore her legal options. Many times peace can be found through a legal claim against those who caused her loss.

The middle Tennessee wrongful death attorneys at Bailey & Greer in Memphis have dealt with the kind of grief your daughter is feeling. Anger is a perfectly natural part of this grief. However, we also know that if anger is not resolved, it can be very damaging.

Encourage your daughter to call us, when she is ready, locally at 901-352-5233 or toll-free at 888-470-9143. We offer compassionate, caring representation of Tennessee wrongful death victims.

My husband’s death, which was caused by an unsafe condition at work, has left me penniless. Now I owe money for the funeral and burial expenses and have hospital and doctor bills. I don’t make much at my part-time job; how can I go on?

In Tennessee, you have the right to sue your husband’s employer for negligence if the work condition you mention led to his death, even in part. Your Tennessee wrongful death lawsuit might ask for three types of damages: economic, non-economic and punitive.

Economic damages include medical and funeral expenses as well as the earnings your husband might have made had he survived. In addition, you have the right to ask for damages to cover any medical coverage or pension plans your husband’s job provided.

Non-economic damages are things like mental anguish, pain, suffering, loss of love and loss of care and companionship, among others.

Punitive damages are sometimes awarded if the person(s) who caused the death acted in an especially bad way, causing you more pain and anguish.

While it may seem like there is no hope, we want to encourage you to contact a Memphis wrongful death lawyer before you do anything else. At Bailey & Greer, we can represent you and guide you each and every step of the way in your wrongful death lawsuit.

Call us today locally at 981-680-9777 or toll-free at 888-470-9143. Or, simply fill in the confidential form on this page, and we will get in touch with you. Your legal rights are the most important factors when we agree to represent you. Let us hold your hand through this difficult time.

My husband was recently killed in a Memphis car accident after a blowout on new tires. I suspect that the tire that blew was defective and want to pursue a wrongful death lawsuit. Who is responsible?

If you are able to prove that a defective tire caused the accident, then you should definitely pursue a legal claim. Hopefully, you have the evidence you need to prove the defect. If you are not sure, as Tennessee wrongful death lawyers, we can help you find the evidence you need.

As far as who is responsible for your husband’s death, it could be one or more parties. Here are some of the most common defendants in wrongful death defective product lawsuits:

The Manufacturer: This is the place the tire was actually made and could be a huge corporation, or a smaller company. Either way, if the tire left the plant with a significant defect, the manufacturer should be included as a defendant.

The Retailer: While the business that sold your husband the tires may not have caused the defect, it could be liable for selling you the product.

The Distributor: Sometimes called wholesalers or middlemen, the distributors are responsible for getting the product from the manufacturer to the retailer and can be held liable.

A Corporation: Corporations can include the manufacturer, the retailer and the distributor and can be named in product liability lawsuits.

A Foreign Company: Finally, the company that manufactured the defective tire could be outside the U.S. When this is the case, it is possible to include the foreign company in your suit because most of these companies are liable in the countries they do business with.

Don’t let any more time pass before exploring your legal options. At Bailey & Greer, we know how important timeliness is in gathering evidence. Please contact us today to get answers to your questions. Our toll free number is 888-470-9143. Or, simply fill out the confidential form on this page and we will contact you.

What is considered a wrongful death? My friend’s husband was killed on-the-job in Tennessee, and her family thinks it was caused by the employer’s negligence.

Simply put, a wrongful death has occurred when a person or entity has, through negligence or intentional wrongdoing, caused the death. While a wrongful death can occur anytime, anywhere, there were 137 fatal occupational injuries in Tennessee in 2010.

Your friend’s family should contact a Tennessee wrongful death attorney right away to be sure their rights are being upheld. There are some basic legal facts that they will need to understand.

A successful Tennessee work-related wrongful death suit:

Is a type of personal injury case and will be filed in civil, not criminal, court.
Must prove that another party or entity is legally responsible for the death of the individual.
Asks for financial provisions for the spouse and children of the deceased.
May be filed by immediate family member(s) who were dependents of the deceased.
This would include a spouse, surviving children and, sometimes, the parents. Also, in some cases, an executor of the estate may file the suit.
Can provide compensation including loss of income, medical costs, funeral costs and the actual loss of the deceased.

Only a qualified, experienced wrongful death attorney can answer all of your friend’s questions. At Bailey & Greer, we understand the grief and loss families suffer when a loved one is lost. And these emotions are compounded when the death was caused by the negligence of another. Please have your friend call us toll free at 888-470-9143 for a free case consultation.

My mother was killed in an automobile accident involving a drunk driver. I want to sue the driver for wrongful death, but my siblings do not. My father passed away before my mother. Can I still seek justice for my mother’s death?

As your mother’s next of kin, you can still bring an action against the drunk driver that took your mother’s life. Normally, the executor of the deceased’s estate will file the claim on your behalf. The law does not require that all surviving descendants participate in the action. Any proceeds from the action will be distributed among your mother’s beneficiaries under the laws of intestate succession.

After administrative expenses, any proceeds from the lawsuit will be divided equally among you and your siblings. For example, if you have two siblings, each one of you will receive one-third of the proceeds. The exception to this general rule would occur if either of your siblings legally waived their rights to any award or settlement. Also, if one of your siblings predeceased your mother, their children would inherit their parent’s share of the recovery.

If you think that the death of your loved one is the result of the negligence of another, contact an experienced wrongful death attorney today. You only have a limited amount of time in which to file a lawsuit for wrongful death, so it is important not to wait.

Are nursing home cases considered medical malpractice?

The short answer is possibly. A nursing home case may be considered medical malpractice case. However, an injury received in a nursing home may also just be the result of ordinary negligence. A nursing home case may also be based on a combination of both medical malpractice and ordinary negligence.

Medical malpractice is a category of negligence, and no rigid line separates medical malpractice from ordinary negligence. A claim involving negligent conduct that bears a substantial relationship to the rendition of medical treatment by medical professional would be considered a medical malpractice claim. Medical malpractice cases usually involve medical treatment, diagnosis, or other scientific matters.

Examples of nursing home cases that were found to be medical malpractice include the following:

A nursing home’s failure to prevent a resident from falling and breaking his hip.
A nursing home’s failure to provide specialized handling and care pursuant to a doctor’s orders.
Claims involving how often an at-risk resident needs to be turned, whether the resident is at risk for pressure sores, and the proper treatment of pressure ulcers.

Examples of nursing home cases that were found to be a case of ordinary negligence include the following:

A nursing home resident who was scalded while being bathed.
Failure of non-medical personnel to provide basic services that are routine and non-medical.
Claims involving basic care, under staffing, or lack of training.

The distinction between medical malpractice and ordinary negligence depends on the facts of each individual case and turns on whether the acts or omissions complained of involve a matter of medical science requiring specialized skills or whether the conduct complained merely involves matters that can be assessed by a jury based on common everyday experiences. Of course, as seen in the examples above, it is not always an easy task to make that distinction.

What is sepsis and how do you get it?

Sepsis occurs as a result of a severe infection that has spread to a person’s blood stream. A person becomes “septic” when his or her immune response to the infection triggers widespread inflammation. In a severe case of sepsis, the patient’s blood pressure can drop to life-threatening levels, often damaging major organs, such as the kidneys and liver. Understanding the signs and symptoms of sepsis is the key to early diagnosis.

Common Causes of Sepsis

The cause of sepsis is a bacterial infection in one area of the body that gets worse over time and eventually spreads to the person’s blood. Many infections stem from preventable hospital acquired infections. Some of the most common causes of sepsis are:

Infection due to bedsores or pressure ulcers
Infection due to IV lines
Infection due to untreated urinary tract infection
Infection from meningitis
Infection from appendicitis
Infection from surgical site
Signs and Symptoms of Sepsis

The symptoms of sepsis can vary depending on the nature of the initial bacterial infection. Some common symptoms can include:

Fever
Nausea
Vomiting
Rapid pulse
Decreased urination

Quickly diagnosing sepsis is the key to treating it. Misdiagnosing sepsis will delay treatment and lessen a person’s chance for survival. Once sepsis has been diagnosed, treatment options typically include broad spectrum antibiotics, IV fluids, and oxygen.

If you believe a loved one has been injured by a failure to diagnose sepsis contact an experienced Memphis nursing home abuse attorney immediately by calling 1-888-470-9143

See Our Top 10 FAQ Pages

My father was assaulted by another patient in a Tennessee assisted living facility. Can I bring a claim against the assisted living facility?

Nursing homes and assisted living homes have a duty to take reasonable steps to ensure that patients do not harm one another. In these types of facilities, residents often suffer from various forms of dementia. A patient with dementia may act violent or abusive because they are confused or fearful of their environment. When a nursing home resident attacks another patient, often times it is not their fault because they do not always understand the consequences of their actions.

Nursing homes and assisted living facilities are required to hire competent staff members who are trained to recognize the warning signs of a patient who is likely to hit, kick, beat, or otherwise abuse another resident. Failure to hire competent personnel, failure train the staff, and failure to employee enough staff can lead to assault and even death.

At a minimum, nursing homes and assisted living facilities should:

Investigate every patient’s history of violence before agreeing to admit them
Monitor patients for violent behavior or threatening statements
Listen to family members of other patients who have observed violent behavior
Never leave a violent nursing home patient unsupervised for any period of time

We place our loved ones in nursing homes and assisted living facilities because we think it is the safest option. At Bailey & Greer we have seen the horrible consequences of nursing home neglect. Tennessee law allows you to hold nursing homes and assisted living facilities accountable for their misconduct. If you are concerned about an injury or death of a loved one, contact one of our Tennessee nursing home neglect attorneys for a free consultation.

My mother is a resident in a Memphis nursing home and suffers from dementia. I live in Florida, so I cannot see her as often as I would like. Recently, she has been very upset and has bruises I have not seen before. I am afraid she is being abused. Should I report suspected nursing home abuse and how do I do it?

First, if you have any suspicion that your mother is in danger of imminent harm because of Tennessee nursing home abuse, call the Memphis police immediately. Some signs that your mother needs help right away include:

Bruising and/or bleeding
Any wounds, sores or cuts that seem recent
Burns
Sudden weight loss
Poor hygiene, soiling, smell
Any type of infection
Loss of hair
Ripped, stained, bloody clothing

Keep in mind that not all signs of abuse are easily visible. Your mother may also revert to childlike behaviors, withdraw from you, or become unresponsive. And, of course, any verbal complaint should be taken seriously.

Also, if you arrive to visit your mother and the staff delays you or refuses you access for any reason, this is a major red flag. What are they hiding? You should be allowed to see your mother any time you want to.

Finally, there are many forms of abuse to consider including physical restraint, unauthorized drug use to “keep her quiet,” neglect, and emotional abuse, like threats and humiliation.

In Tennessee nursing home abuse cases, you can report suspected abuse to a hotline. In Memphis, the number is (901) 320-7220. There is a toll-free number too: 1-888-277-8366.

The middle Tennessee nursing home abuse lawyers at Bailey & Greer urge you to take action, even if you do not have solid “proof” that abuse is occurring. If you decide to take legal action, we are here for you and your mother. Call us toll-free at 888-470-9143 with any questions.

My mother lives in a Tennessee residential nursing home. When I visit, I feel as if the staff may be neglecting her needs. What should I do?

You should always trust your instincts. Your mother may be embarrassed to tell you about one or more abuses she is living with. She could even have been threatened to “keep her mouth shut” when she complains to staff. For these reasons, you need to act on your suspicions.

There are several steps you can take when you suspect Tennessee nursing home abuse.
First and foremost, get medical attention for your mother. Arrange for her to see a doctor for a full examination at a time when you can be present. If necessary, take her to or bring in a doctor not connected with the facility.
Get as much information as you can about the people you suspect of neglect. Ideally this would include names, ages, and addresses.
Report your suspicions to the administrator of the nursing home.
Then file a complaint with the Tennessee state Board of Nursing Home Administrators in Nashville. You can call: 615-532-3202 locally or toll-free at 800-778-4123.
Also, notify the police of your suspicions.
Finally, contact a lawyer who handles Tennessee nursing home abuse cases.

There is no excuse for the neglect of elderly nursing home residents. As Memphis nursing home abuse lawyers, we will fight for the rights of your aging loved ones. You can reach us toll-free at 888-470-9143. Only through the efforts of all can the rights of a few be upheld.

I have been reading about the problem of understaffing in Tennessee nursing homes. I suspect that my mother may be suffering neglect at the home where she lives. I never see any registered nurses or doctors around there when I visit. What should I do?

The first thing you should do is to check your mother for signs of nursing home abuse. The Tennessee Bureau of Investigation suggests that you watch for the signs of neglect and be sure to report any you see. These signs include:

Malnutrition. Has your mother lost weight? Does she complain of hunger or beg you to bring her things to eat?
Lack of cleanliness. Your mother should be helped with daily personal hygiene. If you notice this is not happening, it is a cause for concern.
Torn or dirty clothing. A good nursing home makes sure residents have clean, mended clothing to wear each day.
Fatigue or listlessness. If your mother is unusually tired, or seems to have lost her usual amount of energy, find out why.
Untreated illness or dental problems. Medical and dental care should be regular parts of your mother’s nursing home routine.
Complaints of being left alone for long periods of time or of neglect. You should always listen to complaints your mother may have. Because she has no one else to advocate for her, you are her only way of fighting neglect.

By paying close attention to what you see and hear when you visit your mother, you may be able to discover signs that her nursing facility is understaffed and providing inadequate care. Keep in mind that it is your legal right to bring action against the nursing home if your mother is harmed by their neglect.

For more information and a free case consultation, call Bailey & Greer in Memphis toll free at 888-470-9143. As advocates for victims of Tennessee nursing home abuse, we can offer you advice and pursue legal action if necessary. Your mother deserves the best care possible.

My mother currently lives in a Tennessee nursing home. She suffers from dementia, but seems so much worse since becoming a resident there. How can I tell if she is being overmedicated?

You have good reason to be concerned, especially if your mother seems more lethargic or even unresponsive when you see her. Some nursing homes prescribe antipsychotic drugs (intended for treating schizophrenia and bipolar disorder) to keep their patients subdued. Unfortunately, the FDA has warned that these drugs can be lethal to dementia patients.

Here are some things you can do right away:

If your mother continues to exhibit these signs on your next visit, speak to the nursing director and administrator in charge at the facility. Explain your concerns and ask to be informed about any changes in her behavior and/or status immediately.

Ask for and get a written copy of any and all drugs prescribed for your mother.

Take this list of drugs to her primary physician and ask questions about each one and why it was prescribed. Do the same thing with the Medical Director of the facility where she resides.

Ask about how your mother’s behaviors are addressed without using drugs. The facility should be able to show how they implement non-drug interventions. This information should also be on her chart.

If you are not satisfied with the explanations you receive from any or all of the parties in question, you may want to take up the situation with the Tennessee Department of Health Board of Nursing Home Administrators.

If you still have questions about your mother’s condition or need legal advice, please contact the Tennessee nursing home abuse experts at Bailey & Greer in Memphis. We offer a free case consultation.

Would You Provide Some FAQs About Nursing Home Abuse in Tennessee?

Yes. When we make the decision to place a loved one into a nursing home, it is without a doubt that we are well-intentioned and trying to do the best we can to ensure that he or she receives the best care possible. However, this does not always come to fruition. Unfortunately, abuse to nursing home residents is a serious and growing problem in the United States, which has caused unnecessary pain and devastation to thousands of families nationwide who have been affected by it. With this in mind, we have complied a list of important questions that many prospective clients ask when considering whether they should file a lawsuit against those that caused harm to their loved one. Our goal in listing these questions is to provide you with a basis of information to help you realize that you may have legal options worth pursuing. Accordingly, these questions are as follows:

Q: Is nursing home abuse and neglect common?

There are over 2.1 million Americans that reside in nursing homes located throughout the United States. According to the United States General Accounting Office (GAO), approximately half of suspicious deaths in nursing homes were likely due to neglect, e.g. dehydration and malnutrition. The GAO further concluded nearly one in three nursing homes may be guilty of posing “serious or potentially life-threatening care problems.” These problems are not occurring in one particular location. They are happening across the country, and statistics suggest that the issue continues to worsen and intensify.

Nursing homes are subject to regulatory inspections, but these inspections do not always pick up on problems or occur on a frequent enough basis to detect and report instances of abuse. As a result, the family members of nursing home residents are the ones most likely to successfully monitor residents’ care and treatment to ensure it measures up to the standards our elderly deserve. Without a doubt, regularly visiting a nursing home resident can help prevent the issue, but it is not guaranteed to completely eradicate the problem.

Q: Why does nursing home abuse and neglect happen?

Nursing homes are profit-minded businesses and as such, are interested in lowering costs to increase the money they bring in. In an attempt to realize this goal, many nursing homes do not hire enough staff to properly care for their residents. Even worse, staff members in nursing homes hire often lack the necessary qualifications to take care of residents, many of whom suffer from serious health conditions. Lastly, another contributing factor is the fact that staff can end up being undertrained, leaving them to address situations without the proper level of skill necessary to meet a resident’s needs.

Q: In what ways do nursing homes most commonly commit neglect and abuse?

Nursing home abuse and/or neglect often impacts a resident’s physical, mental and/or psychological health and well-being, which can occur in a number of ways. The following are the most common forms of nursing home neglect and abuse that we have addressed on behalf of our clients:

failure to provide proper nutrition and hydration;
lack of assistance with personal hygiene;
over-medication or under-medication;
inadequate precautions to prevent falls;
slow, or no response to calls from residents;
lack of regular turning and movement for bedridden residents (which results in bed sores);
failure to take residents to the toilet (leaving them in soiled garments or beds);
physically abusing residents, e.g. hitting, shoving, kicking, or punching;
using physical and/or chemical restraints when unrequested and unnecessary;
inflicting verbal and/or mental abuse on a resident, such as name calling, isolating them from other patients, threatening them, etc.;
Exacting revenge/retaliation on a resident in response to a complaint;
lack of adequate precautions to prevent injuries;
lack of appropriate medical care;
the infliction of sexual assault or rape of a resident; and
the theft/exploitation of a resident’s money or other personal property.

Q: How can I tell if nursing home abuse is taking place?

When visiting a loved one at a nursing home (or any other health care facility), pay attention to the appearances of the other residents – not just your loved one. Take note of whether there are foul odors or stains in the facility. Also be on the lookout for any strange conduct by the staff as well as any abrupt behavioral changes in your loved one. For instance, many residents who have communication restrictions often demonstrate signs of dementia when abused, such as rocking back and forth, sucking their fingers, and mumbling to themselves. Lastly, there are ways of researching nursing homes in terms of sterility, client treatment and other important factors by visiting www.medicare.gov/NHCompare. Specifically, this website operated and maintained my Medicare, rates all nursing homes that accept Medicare and Medicaid.

If you have a loved one that is the victim of nursing home abuse or neglect, you should consider contacting a Tennessee nursing home abuse attorney as soon as possible. The Memphis nursing home abuse lawyers at Bailey & Greer, PLLC can help fight for justice for the innocent people affected by this devastating form of abuse. Call us today locally at 901-352-5233 or toll free at 888-470-9143 for a free case consultation and to learn more about your legal options.

How Do I Know if Nursing Home Staff are Abusing my Parent or Relative?

A nursing home or assisted living facility is responsible for the care of elderly or special needs residents, providing food, shelter, necessary medical care, and personal assistance. In order to offer these services, the owner or operator of the facility must hire the right staff, who have the training and experience to provide the needed care. These managers also must ensure that staff members do not have criminal records or any type of history of violence. If they are negligent in fulfilling this duty then it is the vulnerable nursing home resident who often suffers.

If you suspect that your loved one is being abused in a nursing home, there are some questions to ask and observations that you can make in order to know whether you need to act right away.

What types of abuse are there?

Physical abuse – This may be the result of improper restraint used as a means of controlling residents or any other type of force used to injure or threaten patients. This often leaves visible signs, including bruising and broken bones;
Sexual Abuse – This occurs more often than people realize, when nursing home or assisted living facility staff force sexual activity on residents, many of whom do not have the mental capacity or verbal skills to report the assault;
Psychological abuse – Nursing home residents and patients of other types of facilities are vulnerable to emotional manipulation, including the use of threats, intentionally confusing directions, mind games, and criticism;
Financial abuse – Many times, nursing home staff members are responsible for completing purchases for residents who are unable to manage their own finances. These individuals may pocket the money instead of buying necessary items or take over control of a person’s assets completely; and
Neglect – This is the most common form of negligent behavior, where patients may not be cared for as needed, including missed administration of medication, failure to reposition or turn patients, improper or inadequate feeding, and a lack of attention to cleanliness and hygiene.
What should I look for to determine if there is negligence or abuse?

There are many signs, including:

Bed sores;
Bruises;
Fractures;
Cuts and scrapes;
Malnutrition;
Dirty clothes or linens;
Unexplained illness or infection; or
Weight loss.
These are just a few of the many indicators that something is wrong with the care of a loved one. You should pay attention to sudden changes in behavior and fearfulness towards one or more staff members. This is one of those times where you should trust your instincts.

What other types of behavioral changes indicate possible neglect or abuse?

Abrupt changes in mood;

New complaints about treatment by the staff or a marked increase in the number and type of complaints;
Difficulty sleeping;
Extreme emotions, including anger, sadness, or affection;
Depression; and
Lapsing into an uncommunicative state.
Are there signs for which I should watch in the staff?

It is difficult to know what is going on behind closed doors or when you are not there, but you should pay attention to the general demeanors of staff towards the residents and other staff members. Does a person express anger or extreme frustration with little or no provocation? Does a staff member rely on restraints to deal with a difficult resident? Does someone ignore reasonable requests or try to force a resident to do something that he or she clearly does not want to do? All of these are red flags that there can be a much bigger problem.

The decision to place a parent, grandparent, or other loved one in a nursing home or similar facility is one that is made after much soul-searching. When you discover that someone has neglected or abused your loved one, the devastation, and even misplaced guilt, is tremendous. Our compassionate and experienced Tennessee nursing home negligence attorneys at Bailey & Greer understand what you are feeling and will do everything in our power to get justice for you and your loved one. Please call us at 888-470-9143 so that we can sit down and help you find the best possible legal solution. At Bailey & Greer, PLLC we are small enough to care, big enough to fight, and experienced enough to win.

How Can I Tell If My Loved One is Improperly Restrained in Tennessee?

When you visit your loved one in a nursing home, you may see things that do not seem right to you. The best thing to do is trust your instincts. There are people at the nursing home who should be able to tell you why something is being done, or not being done, for your loved one, including a social worker who is there to assist residents. In addition to speaking up if something is unusual, there are steps that you can take and questions that you can ask to help protect your loved one.

What medications are being administered?

This is something that you can talk about with your loved one or discuss directly with the medical personnel if you have been designated as the legal agent. Take note of the different drugs and dosages and do some research on your own. Cross reference the resident’s known medical conditions with the medications being administered and see if there are any inconsistencies.

Are there risk factors to being restrained?

There are certain patients who face a greater likelihood of being restrained. Every resident has an assessment plan done when they move into a nursing home. This plan includes a comprehensive analysis of medical conditions, special needs, and interests. If the plan talks about a high risk of falls, a tendency for the resident to wander, a combative or disruptive nature, or aggressive behavior, then pay attention. These are all reasons that a nursing home will use restraints. Make sure you talk to management about your concerns.

Can I see the doctor’s order to use restraints?

You absolutely should be able to review this document, which must be written and available for review pursuant to the Nursing Home Reform Act of 1987. This directive should include the type of restraint, when the restraints will be used, and how long the restraints can be used. For example, if the patient may be confined to the bed through the use of bed rails, is this only until the triggering behavior subsides or is there a longer period prescribed.

Can I talk to the doctor about changing his orders?

The use of restraints should not be a permanent solution to a problem. You definitely should talk to the doctor, with your loved one or as the agent, to discuss alternatives and to be certain that the information that the doctor has is up-to-date. Things change all the time and the nursing home environment may not lend itself to the prompt and effective communication of information.

One of the things that a family member can do is vary the times of visits so that the staff cannot hide things based on an anticipated visit. If you suspect the improper use of restraints, talk to the administrator in charge of the facility. Also report your suspicions to the facility social worker. If this does not seem to be effective, then report the suspected abuse to the police.

Many times, people with a family member in a nursing home allow themselves to be convinced that their fears are baseless by the very staff members who are abusing or neglecting their loved ones. If you believe that your loved one has been injured by the negligence or intentional actions of nursing home staff members, do not hesitate to come discuss your situation with our dedicated nursing home attorneys at Bailey & Greer, PLLC. We will sit down with you during a free and confidential consultation and develop the strategy that works best for you and your family. Please call us at (888) 470-9143 to set up an appointment.

After a Fall, What Signs Should I Look For to See if Negligence May Be Involved?

If a loved one has been injured in a nursing home fall, there are many questions that you might face about what happened. It likely is not comforting to know that most residents in a nursing home facility will experience a fall during the time in the home. Nor will you feel better when you learn that many of the falls are the result of staff negligence; however, getting some answers can start you on the path to determining what, if any, legal solutions are best for you and your family.

What happened when your loved one was admitted to the facility?

When a person becomes a resident of a nursing home, one of the first things that should be completed is an assessment that details patient needs and restrictions. This assessment plan should be used to determine the daily routine of the resident, as well as restrictions that should be in place to prevent injury. This plan should be a written part of the patient’s record and should be updated as the resident’s circumstances change.

Did you notice that your loved one expressed any fearfulness about moving around the nursing home?

A nursing home resident who has noticed that there were potential tripping hazards around the facility may be afraid to move for fear of falling. This also could indicate that there had been a prior fall that your loved one did not mention or report. It is a definite indicator that there is a problem.

Were there other falls that only led to minor injuries?

In many cases, the fall that caused severe injuries was not the first fall experienced by the resident. During a visit, did you notice cuts and abrasions? If so, it might be the result of a less serious fall. Often, nursing home residents will not reveal these falls because they are afraid that they will be placed in more restricted locations. Sometimes, if the fall was caused by the negligence of a staff member, the resident will not report the accident because he or she is afraid of punishment when everyone has gone home. It is important to ask about what happened to cause any bruises, cuts, or abrasions.

When you visited the nursing home, did the staff respond to the needs of the residents?

Sometimes, it is possible to see signs of staff negligence that may have led to the serious injuries of a loved one. When residents were moving through the hallways and other public areas, were there staff members ready to assist if they became tangled up or appeared unsteady? Were there patients calling for help getting out of bed in the rooms where the staff ignored their requests? In a nursing home, this could be the result of dementia or impaired cognition, but it also could be evidence of staff negligence.

Nursing homes can provide the necessary care and attention that a loved one needs as he or she ages. However, it also can pose a serious risk if there is staff or administrative negligence. It is important to consult with the experienced and caring attorneys at Bailey & Greer, PLLC if your loved one has been injured. Our skilled Tennessee nursing home negligence attorneys can discuss the harm that your loved one suffered and determine the best way to gather evidence about what really happened. We understand that accidents do happen, but also know that negligence frequently plays a role in nursing home injuries. We will work with you to determine the best options for you and your loved one. To schedule a time to meet, please call us at (888) 470-9143. At Bailey & Greer, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.

What are the Warning Signs of Financial Abuse at a Tennessee Nursing Home?

If you have loved ones who live in a nursing home or assisted living facility, you may already know to be on the lookout for signs that your elderly relatives are being physically or emotionally abused or neglected. What you may not know is that nursing home residents are vulnerable to yet another form of abuse – financial abuse. It is estimated that one out of every twenty five nursing home residents experience some form of financial abuse.

People who live in nursing homes interact with their caregivers on a daily basis. Sometimes, caregivers build close relationships with residents, not out of a desire to be kind or develop genuine friendships, but so that the residents will believe that they are people who can be trusted. When it becomes difficult for an elderly person to take care of their own finances, they may turn to one of the familiar faces of the nursing home staff and ask them to help them manage their finances. They may even grant them a power of attorney, which grants the caregiver access to financial information that would otherwise be confidential, as well as the ability to control the elder’s assets.

Some of the things that caregivers might do which would constitute financial abuse include borrowing and using a resident’s debit card or credit card, cashing their checks, and using or taking their possessions without their permission. Also, some caregivers charge residents for services which were never provided or they provide unnecessary services and then charge the residents for them. Abusive caregivers who have been entrusted with managing a resident’s finances may even fail to pay the resident’s bills while using their money for their own purposes.

Residents with family members who do not visit or speak to them regularly are targeted for financial abuse more frequently. Whether you live nearby or far away, maintaining your connection to family members who are in nursing homes or assisted living facilities can help you to prevent and detect financial abuse, as well as other types of elder abuse. Elderly people who maintain close relationships with family and friends are less likely to fall victim to abuse of any kind then their peers who feel alone, or who have infrequent contact with their friends and families. Watch for warning signs of financial abuse, such as changes in your relative’s demeanor or behavior, changes in banking behavior, names added to bank accounts, and changes to their will. If you notice that something is amiss, do not hesitate to investigate it further, and to seek help if you believe that your relative is being abused in any way.

Your relatives deserve the best of care as they grow older, and nursing homes and assisted living facilities must comply with rules and regulations that are designed to ensure quality care. Even in facilities that appear to provide the care that their residents need, incidents of abuse happen more often than anyone would like to believe. If you have entrusted a nursing home, assisted living facility, or in-home care provider with the care of someone that you love, it can be devastating to discover that they are being abused by their caregivers. The knowledgeable nursing home abuse and neglect attorneys at Bailey & Greer, PLLC have the experience necessary to evaluate your case and answer all of your questions. Please call us today, at (888) 470-9143 to schedule a time to discuss your case. At Bailey & Greer, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.

What are Some Common Injuries Caused by Nursing Home Neglect in Tennessee?

The decision to place an elderly relative in the care of a nursing home is never an easy one. Sometimes, elderly people develop health and safety needs that their families cannot meet on their own. These families entrust the care of their loved ones to nursing homes with the expectation that their needs will be met. After all, nursing homes are in the business of providing around-the-clock care for adults who need it when their families are unable to provide it.

Unfortunately, some nursing homes neglect their residents. Elderly adults may not receive proper nutrition, adequate hygiene, sufficient interpersonal contact, and other things that they need. Nursing home neglect results in a few common types of injuries. If you notice that your relative has developed one of the following conditions, it may be time to take a closer look at how they are being cared for.

Chronic dehydration can occur in elderly adults who do not receive proper care. When a person loses more fluid than they consume, they become dehydrated. Many people who are in nursing homes cannot communicate to their caregivers when they are thirsty. If they are not mobile, they may not be able to access fluids on their own. Dehydration is therefore likely if caregivers do not offer fluids frequently enough. Early warning signs of dehydration include a dry or sticky mouth, decreased urine output, and dry skin. If a nursing home resident is allowed to remain dehydrated, additional symptoms may arise, including confusion, rapid breathing, low blood pressure, and sunken eyes. If left unattended, dehydration can eventually result in unconsciousness, kidney failure, seizures, and even death.

Sepsis is another injury which commonly results from neglect in a nursing home setting. Sepsis occurs when a severe infection causes inflammation throughout the entire body. Proper treatment of infections prevents sepsis. When an individual with an infection does not receive adequate care, they may develop symptoms of sepsis, such as a rapid heart rate and fast breathing. As sepsis becomes more severe, the affected person may have trouble breathing and could also experience a change in mental state and difficulties with heart function. If severe sepsis progresses to septic shock, blood pressure drops rapidly and does not respond well to efforts to raise it. When blood pressure remains low, blood flow to vital organs is decreased, and death from multiple organ failure may result.

Nursing home residents are at an increased risk for infections due to their advanced age and the close quarters in which they live. Getting an infection like influenza, a urinary tract infection, or scabies is not necessarily an indicator of abuse or neglect. However, advancement or persistence of the infection may be a sign that a nursing home resident is not receiving adequate care. If infections are not treated properly, they can cause additional health problems and can even result in death. For example, influenza is a common cause of death among elderly adults because it can progress into pneumonia and respiratory failure.

If someone that you love has been neglected by a nursing home, it is important that you speak with an attorney right away. The experienced Tennessee nursing home abuse and neglect attorneys at Bailey & Greer, PLLC will sit down with you to learn about your case, explain your options, and help you decide how to proceed. To learn more, call us at (888) 470-9143 to schedule a time to discuss your case. At Bailey & Greer, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.

What are the Rights of Tennessee Nursing Home Residents?

During the process of selecting a nursing home, you may be promised many things by the management and staff of the nursing homes that you visit. When you make your decision about which nursing home seems to be the best fit for your elderly relative, you trust that they will be well taken care of once they are there. Everything may seem to go well for a while, but then you may begin to notice things during your visit which make you wonder whether your relative is receiving the care that they were promised. When this happens, it is only natural to wonder whether your relative has a right to a specific standard of care.

Tennessee nursing home residents do have rights. These rights are described in the Nursing Home Resident’s Bill of Rights, which was created by the Tennessee Long-Term Care Ombudsman Program. According to this Bill of Rights, nursing home residents have a right to appropriate and adequate nursing and medical care. While this seems like a very general concept, the other rights which are contained in the Nursing Home Resident’s Bill of Rights provide more specifics. For example, residents have rights to privacy, information, and the exercise of their civil rights. They also have the right to a safe and clean living environment, and to be free from physical or chemical restraints, as well as from physical, verbal, and emotional abuse.

Tennessee nursing home residents also have rights to dictate many aspects of their care, such as the right to participate in or refuse treatment, and the right to voice grievances without the fear of retaliation. Their autonomy is protected by the rights to manage their finances, communicate freely with others, participate in community activities, and have private visits with family and friends. They also have rights which can help them to feel secure in their surroundings, such as the right to be treated with courtesy and respect and the right to not be transferred or discharged from the nursing home without their consent.

When a nursing home resident experiences abuse or neglect, they experience a violation of one or more of their rights. Some nursing home residents are capable of and comfortable with speaking up when they feel as though their rights are being violated. If your relative falls into this group, that is a good thing. When they tell you about how they have asked their caregivers to change things that need to be addressed, offer your support and help them to monitor the situation to make sure that it does improve.

Not all residents are able or willing to make it known that they feel as though their rights have been violated. Some residents are unable to communicate their concerns to nursing home staff or management because they are nonverbal. Others are timid and fearful that asking to be treated properly could lead to further mistreatment. If your elderly relative falls into one of these categories, and you either notice a violation of their rights or they tell you that their rights have been violated, you can be their voice and ask the nursing home to provide them with the care that they are entitled to.

If someone that you love has been abused or neglected by a nursing home, the experienced Tennessee nursing home abuse attorneys at Bailey & Greer, PLLC want to help you. We will sit down with you to learn about your case, explain your options, and help you decide how to proceed. Call us today, at (888) 470-9143 to schedule a time to discuss your case. At Bailey & Greer, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.

How Do I Know If A Nursing Home Is Understaffed?

You may be aware that understaffing in nursing homes leads to the abuse and neglect of nursing home residents. What you may not be aware of is just how common understaffing is among nursing homes in the United States. It is estimated that over half of the nursing homes in America do not have adequate staff on duty to provide proper care for their residents. If someone that you love is living in a nursing home, it is important that you understand what nursing home understaffing looks like, so that you can take steps to ensure that they are receiving the care that they need.

It makes sense that many cases of elder abuse and neglect are caused by understaffing. When the staff of a nursing home have more residents to care for than they should, they have less time to spend with each resident who is in their care. As a result, important things like repositioning, hygiene, hydration, and feeding may happen less frequently than they should. Also, when caregivers are under pressure to provide care to too many residents, they can become stressed. Stressed out caregivers often lack patience, and may become irate when residents take longer than they would like to complete any given activity, such as bathing or dressing. Impatience and irritability are unpleasant enough on their own, but they can also lead to verbal and even physical abuse.

According to the United States Department of Health and Human Services, each nursing home resident should be receiving two hours or more of care from nursing home staff each day. They should also be getting daily visits from registered nurses, even if the visits are brief. There are state and federal regulations which govern staffing levels in nursing homes, but even nursing homes which comply with the regulations may be considered to be understaffed if the care which is being provided to residents does not meet or exceed the applicable standard of care. In Tennessee, evidence of violations of state and federal nursing home regulations can be used in determinations of whether a specific nursing home has breached the standard of care that it owes to its residents. If the standard of care has been breached, there may be a cause of action based upon negligence.

Visitors to a nursing home may be able to get a sense of whether the facility is adequately staffed based upon their observations of and interactions with staff and residents. Staff members who are trying to care for too many residents at once may appear hurried in their work, and they may not have enough time to interact with you. If the resident whom you are visiting is receiving care while you are visiting them, make note of their demeanor, and of the manner with which they perform their work. If you begin to suspect that there are not enough staff members on duty to care for the residents, and you feel that your loved one could be experiencing abuse or neglect as a result, it is important that you contact a Tennessee Nursing Home Neglect Attorney right away. Your attorney will know which documents to request from the nursing home so that they can analyze the staffing situation at the facility and determine whether your family can pursue a cause of action against the nursing home for any harm that they have caused your elderly relative. To learn more, call the knowledgeable Tennessee Nursing Home Abuse and Neglect Attorneys at Bailey & Greer, PLLC, at (888) 470-9143 to schedule a time to discuss your case. At Bailey & Greer, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.

My husband was seriously injured in a motorcycle accident outside Memphis. A car crossed out of its lane and hit him head on. We were told we have a negligence claim. What is this and how does it work?

Your husband’s accident was clearly not his fault and you should contact a good middle Tennessee motorcycle crash lawyer to represent you. That said, we will try to answer your question briefly here.

Basically, the driver of the car is liable for your husband’s injuries. In law, liability is governed by the concept of negligence. Whenever a person causes injury to another through carelessness, it is negligence. In your case, the other driver, being negligent, is liable, or responsible for the accident.

A successful negligence claim requires you to prove that:
Tennessee law required the other driver to be careful when operating his or her vehicle. In your case, this is easy to prove.
The driver of the car was not reasonably careful and made a mistake.
The actions of the car driver caused your husband’s injuries.
Your husband suffered injuries including not only physical, but financial harm, as a result of the accident. This is called proving damages.

The damages you can collect in a lawsuit might include your medical costs, property damage costs, loss of income and pain and suffering. But, as we said before, only a skilled personal injury lawyer can advise you fully.

The middle Tennessee motorcycle crash lawyers at Bailey& Greer have helped many Memphis people like you to file a claim and get the compensation they deserve. Call us toll-free today at 888-470-9143 to schedule a free consultation to discuss your case.

I love weekends riding my motorcycle on the back roads of Tennessee, but I am not sure my helmet is safe. How do I choose the best helmet?

Helmets do save lives and finding the best one is critical to your safety. The National Highway Traffic Safety Administration (NHTSA) has reported that approximately 40% more riders suffer serious injury when they choose not to wear one.

Federal law protects you when you buy a helmet. The U.S. Department of Transportation (UDOT) requires that all helmets sold in this country meet the Federal Motor Vehicle Safety Standard (FMVSS). They attempt to test all helmets on the market to see if they meet this standard.

However, some merchants slip by the rules and sell substandard novelty motorcycle helmets to unsuspecting consumers. Here are the things you should look for when you choose a helmet:
There should be a DOT sticker on the outside back of the helmet. This sticker guarantees the helmet meets the FMVSS standards.
Snell, an independent safety group, also marks helmets they have approved with a sticker inside the helmet.
Helmet manufacturers are required to place a sticker inside the helmet that includes their name, size, model and date manufactured. You will not find this kind of label on a cheap helmet.
There should be an inner liner of firm polystyrene foam around the inside of the helmet. Soft padding or no padding at all indicates an unsafe helmet.
A good quality chinstrap with strong rivets is another requirement.
Your helmet should weigh at least three pounds; cheap ones may weigh as little as one pound.
No decoration should extend more than .20 inches from the helmet’s surface.
Full-face helmets are safer, but not required.

Check your helmet for these standards. If it meets them, you can rest assured your helmet will protect you in a Tennessee motorcycle accident.

The Memphis motorcycle accident lawyers at Bailey & Greer wish you a safe and fun-filled time on your bike. Remember, if you or a loved one does have an injury caused by an unscrupulous helmet manufacturer, the law is on your side. Call us today to discuss your options locally at 901-352-5233 and toll-free at 888-470-9143.

I was in a Tennessee motorcycle accident that was not my fault. My front tire blew out and a mechanic said that it was defective. I am still recovering from serious injuries. What should I do?

The first thing you should do is to contact a Memphis motorcycle crash lawyer. Only an expert authority in Tennessee defective product liability claims can effectively advise you in this serious matter.

Chances are you are missing work and the medical expenses are piling up. And certainly other aspects of your life are suffering as well. For these reasons, you may want to initiate a Tennessee defective product liability lawsuit. If your injuries were fully or even partially caused because your motorcycle tire was defective, you will need a legal representative to move forward.

There are several possible defendants in a defective product lawsuit. These include the manufacturer of the tire, the dealership where the motorcycle was purchased and/or a used motorcycle dealer.

At Bailey & Greer, we have the resources, expertise and personnel to represent you and your rights. Call us today in Memphis toll-free at 888-470-9143, locally at 901-352-5233, or fill in our confidential form on this page.

I recently bought my first motorcycle in Memphis. I hate to admit it, but I don’t feel very safe when I ride it. I don’t want to get hurt. What should I do?

Answer:

The most experienced motorcyclists will all tell you the same thing; you can’t be too careful when it comes to operating a motorcycle safely. There are many, many causes for Tennessee motorcycle accidents,and you can avoid having one by knowing what they are.

In addition, our state is very interested in your safety. A number of Tennessee motorcycle driver education courses are offered by the Department of Safety and by taking one, you can save money on your insurance. As of 2011, Tennessee has a mandated insurance reduction program for all trained riders.

Overall, you can become a better rider by following these rules:

Never operate your bike after drinking
Be sure your motorcycle is properly maintained, including brakes, lights, turn and brake signals, fuel line and wiring
Avoid riding in bad weather
Watch for debris in the road and avoid poorly maintained roads
Take it easy. Speed caused 35% of motorcycle fatalities in the United States in 2009
Ride defensively. Other drivers cause many motorcycle accidents. You are less visible than other vehicles and need to watch carefully what everyone else is doing around you.

At Bailey & Greer in Memphis, we take your concerns seriously and want all Tennessee motorcycle riders to be safe. And when an accident does happen, we are proud of our reputation as reliable, successful Memphis motorcycle crash lawyers.

If you or someone you know needs representation for any type of traffic accident, call us toll-free at 888-970-9143. We can help.

I was recently seriously injured in a Tennessee motorcycle accident. I never should have gotten on behind the rider, who had been drinking, but I did. What can be done to stop people from drinking and riding?

The Centers for Disease Control and Prevention (CDC) has several suggestions for reducing the deaths caused by alcohol-related motorcycle accidents and other vehicle wrecks. They cite the following statistics to explain their position:

29% of all motorcyclists fatally injured in 2009 had a blood alcohol content (BAC) reading of 0.08 or higher.
The highest percentage of fatalities (over half) happens to motorcyclists over the age of 40; 44% are aged 40-44.
Any driver involved in a fatal crash with a BAC of 0.08% or higher was more likely – eight times more likely – to have previous convictions for driving while intoxicated.

For these reasons, the CDC urges these recommendations for cutting motorcycle alcohol-related deaths:

Enforce the existing laws for BAC, minimum age and zero tolerance in all states.
Revoke driver’s licenses for anyone convicted of driving while intoxicated.
Frequent use of sobriety checkpoints, which have been shown to reduce roadway fatalities by about 20%.
Promote healthy living at every level of society.
Control the use of alcohol through community-based approaches.
Demand mandatory substance abuse detection and treatment for all DWI offenders.
Lower the current BAC minimum from 0.80 to 0.50%.
Raise federal taxes on the sale of alcohol.
Mandate blood testing of all individuals in crashes that cause injury.

Tennessee motorcycle crashes result in both emotional and physical harm for everyone involved. If you need more information or advice, you should contact a Tennessee motorcycle accident legal expert to explore your options. Call Bailey & Greer in Memphis toll free today at 888-470-9143 to request a free case consultation.

My husband suffered a severe TBI in a Memphis motorcycle accident last month. What can my family and I do to help him recover?

First, it is important to understand that your husband may never experience a full recovery. Most victims of a severe TBI must deal with the effects of brain damage for months, years and sometimes permanently.

However, there are many ways you can help him. Here are a few general suggestions that may help you to help your loved one:

In the months immediately following the injury, you should be sure your husband is receiving the best possible medical treatment. This can help to minimize the effects of the TBI.
Understand that you will undergo stress as the changes and effects of the TBI become more apparent. It is vitally important that you take care of yourself, so you can be a better support to him. There are many support groups for caregivers.
Never compare how your husband is now with how he “used to be”. This can be very upsetting for him. It is much better to celebrate small successes and be very positive about the future.
Try to keep distractions and noise to a minimum around the house and follow a set routine. These have been shown to help the TBI patient cope with memory and concentration.
Help further with memory impairment by making lists and helping your loved one write down anything important.
Be calm. Sometimes head injuries can cause emotional volatility or a lack of emotion. Your husband could be emotionally non-responsive; don’t take it personally or mention it to him. Conversely, he could experience intense mood swings or inappropriate reactions to daily events. Keep your cool and try to help him recognize when this happens.

If you are experiencing financial difficulties as a result of the accident, call a Tennessee motorcycle accident attorney for a consultation.

For help holding any party you suspect of being negligent and causing your spouse’s injury, please give us a call at Bailey & Greer in Memphis. We represent the victims of motorcycle accidents and their families.

I was the passenger on the back of a motorcycle that was hit by a car. The wreck wasn’t the motorcycle driver’s fault and I have serious injuries. What should I do?

Even if you were not the driver of the motorcycle, the driver of the car that caused the wreck is still responsible for paying a variety of expenses that you incurred as a result of the accident.

Often times, victims of motorcycle accidents incur numerous serious physical injuries. Some of these injuries include:

Facial Injuries: These injuries often occur when a full-face helmet is not used or a full-face helmet malfunctions.
Head Injuries: These injuries can occur regardless of whether a helmet is used. Head injuries can range from traumatic brain injuries to concussions.
Broken Bones: Due to the nature of motorcycle wrecks, motorcycle passengers often suffer broken arms, legs, ribs, and breakage of joints (shoulders, elbows, wrists, hips, knees, and ankles).
Neck Injuries: Neck injuries associated with motorcycle wrecks often include whiplash, severe sprains, and a broken neck.
Back Injuries: Back injuries caused by motorcycle wrecks can include sprains, strains, herniated disks, and fractured vertebrae.
Road Rash: This is an injury to soft tissue that occurs when the motorcycle passenger slides across the ground after an accident.

These injuries cause accident victims to incur substantial medical bills and could cause the victims to suffer permanent damage. In addition to physical injuries and medical bills, victims also often miss time from work and lose wages, and suffer emotional pain and trauma.

If you are a motorcycle passenger in a wreck, you should contact a Memphis motorcycle crash lawyer as soon as possible at Bailey & Greer. We have the resources, expertise and personnel to represent you. You can contact us in Memphis locally at 901-352-5233, toll-free at 888-470-9143, or confidentially using this form.

I was in a motorcycle accident on Poplar Avenue in Memphis, TN. What should I do and should I hire an attorney?

An automobile accident is a stressful, and oftentimes a new experience, for those involved. However, it is important that victims of the accident do not make any statements or sign any papers after the accident. Statements made by a victim can be misinterpreted and twisted against them when they attempt to make a claim at a later point in time. If possible, it is wise to take pictures of any injuries or damage to the motorcycle and to keep records of any expenses associated with the accident.

In order to ensure just treatment and compensation, it is important for a victim to speak with an experienced motorcycle accident attorney to determine whether there is a legal claim for damages. There are a variety of issues that can affect a potential case and it is important to have someone who has dealt with these issues before to help you through the process. If you have been injured in a motorcycle accident, contact the experienced Memphis motorcycle accident attorneys at Bailey & Greer for a free consultation at 901-352-5233.

Bailey & Greer represents people with motorcycle accident claims in Tennessee and Mississippi, including Memphis, Germantown, Bartlett, Cordova, Collierville, Arlington, Lakeland, and all of Shelby, Fayette, and Tipton Counties. We have also handled cases in Arkansas, Georgia, and Missouri.

I was in a motorcycle accident in Memphis, Tennessee and the insurance company of the person who was at fault called me and wants me to give a statement and sign papers. What should I do?

First it is important to know that when a representative of an insurance company contacts you, they are not interested in helping you, but rather helping the insurance company. Often times, an insurance company representative will ask you to give a statement or sign documents in order to settle the claim. You do not owe any duty to speak with another individual’s insurance company. When a situation like this occurs, it is important to contact an experienced attorney who works towards further your best interest rather than a company’s bottom line.

If you have been a victim in a Tennessee motorcycle accident, do not delay contacting one of the experienced motorcycle accident attorneys at Bailey & Greer in Memphis today at 888.470.9143 for a free consultation.

What Are Some Common Tennessee Motorcycle Accident FAQs?

As highly seasoned Tennessee motorcycle accident attorneys, we are regularly meet with prospective clients who wish to learn more about their legal options after unfortunately being involved in a motorcycle accident. Regardless of whether he or she is a victim him/herself, or is a loved one of a person who died due to a motorcycle accident, they often ask a number of important and highly relevant questions. As a result, we have put together a list of the following top questions that are raised by motorcycle accident victims and/or their loved ones when considering whether to file a lawsuit – which we feel can ultimately provide you with the information necessary to know where to turn next.

Q: My bike is totaled. Can I keep it?

Typically, if a motorcycle is totaled, the insurance company will pay you the fair market value of the bike at the time of the accident. However, your insurance company may take possession of the bike should a completely new motorcycle be necessary. If the bike only needs repairs, however, your insurance carrier will generally pay you for the repairs, and you can keep the bike.

Q: Should I hire an attorney if I have been in a motorcycle accident?

You will almost always obtain better and faster result if you hire an attorney experienced in handling motorcycle accidents. Motorcycle accident attorneys have valuable training and experience to help you navigate through the insurance process and/or court system in your jurisdiction. Moreover, they know how to prepare your case and present crucial information to the court – and a jury, if necessary. If you needed knee surgery, would you try and do it yourself? With this in mind, it is best to contact a seasoned motorcycle accident attorney to help you learn more about your legal options and fight for the compensation you deserve.

Also keep in mind that insurance company representatives may sound friendly on the phone, but make no mistake, the insurance company is looking out for its own interests – not yours. Also don’t be fooled by over-exaggerated television advertisements from insurance carriers who try to lure clients using fictional characters to promise monetary results. Specifically, he insurance company wants to settle your claim for as little money as possible – and this is standard with most, if not all, insurance companies. Accordingly, if you hire an experienced motorcycle accident attorney, your attorney’s goal will be exactly the opposite – to recover as much money as possible for you. He or she will be able to navigate through the complicated insurance claim process and help you fight for the money you need.

Q: Can I make a claim if I was partly at fault for the accident?

You can make a claim against the other driver if the other driver was at fault. If you were also at fault, your recovery will be reduced by the amount of your “comparative fault”, which is discussed in further detail directly below.

Q: What does comparative fault mean?

In Tennessee, our courts follow a modified comparative fault system, meaning that fault is allocated in a percentage between the responsible parties. Thus, in any motorcycle accident, (or car/truck accident for that matter), the party being sued can allege that the party should be also be held monetarily responsible for a portion of the total damages in the case. The party being sued can also allege that the suing party is all, or partly, at fault for the accident. Once this allegation is made, it is up to a jury, or a judge, to render a decision in this regard

Q: Can I make a claim with my insurance company if an unidentified car runs me off the road?

If you have uninsured motorist coverage on your insurance policy, you can make a claim with your insurance company for an accident of this type. A motorcycle accident lawyer can assist you in helping you file your claim and maximize your chances of obtaining damages for your injuries and/or damage to your bike.

Q: I don’t have motorcycle insurance. Can I file a lawsuit if another car hits me?

Yes. Regardless of whether you carry motorcycle insurance or not, you can file a lawsuit against the driver who hit you, causing your damages.

Q: I wasn’t wearing a helmet. Do I still have a case?

Whether you were wearing a helmet does not determine whether the other driver was at fault. However, if your injuries are worse, because you were not wearing a helmet, you recovery amount could potentially be limited. While this may not always be the case, speaking with an experienced motorcycle attorney can help you learn more about your legal options should you be facing this specific issue.

Q: How long will it take to complete my case?

Every case is different. Some resolve within months while others can a year or more. In general, it depends on the complexity of the injuries, whether there is a dispute as to which party is at fault, and whether the parties are able to approach a settlement in a reasonable and timely manner.

If you have been injured while riding a motorcycle in Tennessee and would like to learn more about your legal options, you should consult an experienced motorcycle accident attorney immediately. The personal injury attorneys at the Memphis law firm of Bailey & Greer, PLLC aggressively represent motorcycle accident victims with integrity, compassion and respect. Call us today at 888-470-9143 for a free consultation and to help us fight for your rights and the compensation you deserve for your injuries.

What Can I Do to Protect Myself from Motorcycle Injuries in Tennessee?

As a recreational biker or an enthusiast who spends every possible moment on the back of a bike, you know about the ongoing debate in the biking community about whether or not to wear a helmet and whether that decision should be left up to the individual or the state. The fact is that helmets save lives, preventing traumatic brain injury in many serious collisions. However, personal freedom does come into play in this debate and many states have decided that as long as the rider is old enough and has sufficient medical insurance to cover injuries then he or she may forego the helmet. Tennessee yet again is considering legislation about whether to join 31 other states that allow riders to take to the road without a helmet.

Regardless of what happens when motorcyclists have the choice to strap on a helmet or not going forward, there are things that a rider can do to decrease the risk of getting into an accident while enjoying the open road, including:

Perform proper maintenance on your bike – Oftentimes, avoiding an accident will come down to the ability to react fast enough to a dangerous situation and to have a bike that will respond to the evasive maneuvers. In addition, mechanical problems can lead to a serious accident, either directly through an accident caused by the equipment failure or indirectly from a collision that occurs while the motorcyclist in on the side of the road, working on the bike or waiting for a ride.

Wear appropriate clothing – While most bikers understand the importance of wearing leathers or other protective clothing that will minimize the negative effect of sliding on asphalt, there are those who eschew safety gear for comfort. This decision may have serious, long-term consequences. In addition to wearing proper outer wear, there are sophisticated reflective items that increase visibility on the road and can be added to an outfit with minimum effort.
Continue with rider education – No matter how long you have been riding, there are always new things to learn, as cliché as this may sound. Investing a little time in a motorcycle safety course may provide you with information that helps you avoid an accident.

Do not drink and ride – As with any type of driving, having a few beers and getting on a bike is a bad decision that could have negative consequences for you and others. According to a study by the National Highway Traffic Safety Administration (NHTSA), in fatal accidents involving a motorcycle and at least one other vehicle, the motorcyclists was two and a half times more likely to have been drinking than the other driver. Wait until after you are done for the day before enjoying that drink.

Motorcycle riders face a lot of risk while on the road, including lower visibility, susceptibility to negligent or aggressive drivers, the dangers of road debris, and few physical protections. When a biker does get into an accident, the likelihood of suffering from a serious injury is far higher than that faced by the driver of a vehicle in the same crash.

Motorcycle accident victims face a long road to recovery and may never reclaim all aspects of their previous life. Let the knowledgeable Tennessee motorcycle accident attorneys at Bailey & Greer, PLLC work to get you the compensation that you deserve while you recover from the harm that you suffered because of someone else’s negligence. Please call us at (888) 470-9143 to schedule a time when we can sit down and discuss the specifics of your accident and the best strategy to get you the damages award that you deserve.

How Can a Motorcyclist Prove Liability in a Road Defect Accident in Tennessee?

Many bikers have been seriously injured or killed as a result of a road defect that caused the biker to lose control of the motorcycle. However, establishing liability against the government agency or construction crew that is responsible for the hazard is not an easy process. There are steps that a biker can take to protect his rights and develop a successful case.

If I am involved in an accident caused by defective road maintenance or repair, including the seal on road repair seams and joints or the material used as a temporary cover for road markings during road work what should I do?

You are going to have a lot of evidence to prove a case like this, but you should start by doing the following:

Contact the police as soon as possible and file an accident report;
Notify the local government agency responsible for the road about the defect;
Document the scene with photographs or video;
Measure the seal or cover that caused the accident; and
Obtain the names and contact information of anyone who witnessed the accident or can testify about the defect.
In order to move forward with a case like this, you will need a report from a civil engineer who specializes in road safety. Presenting evidence that you, as the biker, took all possible evasive actions to avoid the defect also might be necessary.

What if I had an accident as a result of hitting a pothole, sunken drain, or other similar defect?

Some of the recommended actions are similar to a road maintenance defect accident, specifically with regard to the scene. In addition, there are other elements that you must prove, particularly that the local government agency knew about the defect or hazard and failed to take appropriate actions to remedy the problem. If possible, you should locate a site map detailing the location of the particular defect that caused your accident.

Should I hire a motorcycle accident attorney?

A law firm with expertise in motorcycle accidents like Bailey & Greer, PLLC will be able to preserve evidence at the scene and will have available experts who understand how to record details such as skid marks at the scene, as well as other debris that may have contributed to the accident or that the defendants will argue caused the accident. These experts may include professionals who can recreate the accident for a clear visual that shows the jury exactly how the defendant’s negligence resulted in the accident.

Is there a time limit to bring a case to recover for injuries that I suffered in the motorcycle accident?

Yes, there is a time in which a personal injury action must be filed, known as the statute of limitations. In Tennessee, this is one year, so there is very little time to waste in getting the case together. In addition, if one of the defendants will be a government agency, then notification and filing of a claim is time sensitive.

If you have been harmed riding your bike, you need the expert help of the Tennessee motorcycle accident attorneys at Bailey & Greer, PLLC to get the compensation that you need to recover from your injuries and return to the quality of life that you had before the accident. Our attorneys know how to gather the necessary evidence and expert reports to present a compelling argument to the jury. However, our goal is to provide you with the necessary information and develop a strategy that meets the needs of you and your family. To set up a time to discuss your accident in a free and confidential consultation, please contact us at (888) 470-9143. At Bailey & Greer, PLLC we are small enough to care, big enough to fight, and experienced enough to win.

What Should a Motorcyclist do after an Accident in Tennessee?

A person who has decided to become a biker understands the risk that he or she takes. Although riding a bike offers a chance to experience the roads of Tennessee in a way that drivers of other vehicles never really can, it also provides very little protection in the event of an accident. When an accident does occur, there are things that you can do to protect yourself going forward.

First, all of this advice is contingent on your injuries not being so severe as to require immediate medical attention. None of the suggestions here are worth the sacrifice of your health and ultimate recovery. However, if it is possible for you to take some action at the scene of the accident, here are some suggestions.

Collect information at the scene – this same advice applies in any type of accident. Obtain as much personal information from the other driver and any witnesses as possible, including full names, addresses, telephone numbers, and e-mails. In addition, record the vehicle details such as make, model, color, and license plate. Getting the other driver’s insurance information is important, even if there is a law enforcement officer collecting the same data for an accident report.

Get a complete medical examination as soon as possible – even if you do not need emergency medical care at the time of the accident, some severe injuries develop slowly, over the course of days or weeks. A thorough medical review can identify damage that requires immediate care.

Gather evidence – this means at the scene and afterwards. Keep a collection of all written statements about the accident, whether this is your personal recollection, the formal report, or other people’s observations. Take pictures at the scene, including of the other driver and witnesses. It is a good idea to print these out as soon as you have the chance and maintain them as part of a written file. File copies of all medical bills and expenses relating to the accident. Keeping a journal is a good way to record the impact that the accident had on your life, even if you never have kept one before the crash.

Report the accident to your insurance company, but do not offer assistance to the other insurance company – you should notify your insurance carrier about the accident as soon as possible with a factual summary of what happened. You do not need to volunteer any additional information at this time and should not make any statements about fault. If you are contacted by the other driver’s insurance company, you should not make any type of statement. Often these conversations will be recorded (of which you should be informed) and any remarks can be used against you at a later time to reduce the damages award.

Consult an experienced motorcycle accident attorney as soon as possible – knowledgeable attorneys like those at Bailey & Greer can take immediate action to build a case while you recover. This includes an independent investigation of the accident site before evidence begins to degrade.

The devastation of a bike accident may require years of medical treatment and rehabilitation before you are able to get back on your feet, let alone the open road. The skilled Tennessee motorcycle accident lawyers at Bailey & Greer, PLLC know how to analyze the accident and come up with solutions that work for you and your family. We are ready to sit down and talk to you at your convenience. The schedule a meeting, call (888) 470-9143. At Bailey & Greer, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.

How Can I Be More Visible to Other Drivers While Riding My Motorcycle?

One common cause of motorcycle accidents is that motorcycles are often difficult for other motorists to see. All motorists should be aware that motorcycles may be sharing the road with them, and they should pay attention to their surroundings so that they will see any motorcycles that are nearby. There are also things that motorcycle riders can do to increase how visible they are to the other motorists with whom they share the road.

The way that you ride can affect your visibility. For example, tapping your brakes reminds drivers behind you that you are there, and can come in very handy if you see that they are distracted or you feel that they are not giving you enough room. Making passes quickly and making an effort to stay out of blind spots is another way to ride in such a way that you are sure to be seen by the motorists around you.

The color of your motorcycle can make a difference in whether other drivers are able to see that you are riding your motorcycle near them. Black and other dark colored motorcycles are the most difficult to see. Brightly colored motorcycles are much easier to see, and can help to make other motorists aware of where you are on the road. Regardless of the color of your bike, you can increase your visibility by adding a brightly colored jacket, helmet, or both. Putting reflective tape on backpacks, saddlebags, rims, and clothing is another way that you can stand out in traffic.

Accessories on your motorcycle can also help you to increase your visibility. Using your headlight during both day and night can make it easier for other drivers to see you. A headlight modulator is a useful device which makes your headlight flash rapidly, like a strobe light, making it even easier to see. Auxiliary lights can be added to both the front and rear of your motorcycle. Adding these lights can help other drivers to see you, and to more accurately predict your speed and distance from them. Your horn is a great way to grab a driver’s attention if they get too close, if you think that they may be distracted, or if you think that they are simply unaware that you are there. Loud pipes and a strategically timed engine rev or two are not only fun, they create additional awareness of your presence on the road.

Even when you do your best to make yourself and your motorcycle visible to the other drivers and riders on the road, accidents can happen. If you or someone that you love has been injured or has died as the result of a motorcycle accident, it is important that you consult an experienced motorcycle accident attorney. Each skilled Tennessee motorcycle accident lawyer at Bailey & Greer, PLLC are here to assist you every step of the way. Our attorneys will carefully evaluate your case, answer all of your questions, and sit down with you to determine the best way for you to proceed. Motorcycle accidents can cause serious injuries, which can require lengthy periods of recovery. Sometimes, motorcycle accident victims must adapt to living with a permanent disability. Fatal motorcycle accidents cause a great deal of suffering for both the victims and their families. No two motorcycle accidents are the same, and we will give your case the individual attention that it deserves in order to obtain the best possible outcome. Please call our office, at (888) 470-9143 and make an appointment to discuss your case with us. At Bailey & Greer, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.

Does Wearing a Helmet Affect a Rider’s Ability to See or Hear?

It is well known that helmets save lives. If you are riding a motorcycle and you get into an accident, your chance of surviving the crash increases by thirty percent if you are wearing a helmet. Helmet use is on the rise, increasing from forty eight percent in 2005 to sixty seven percent in 2009.

If you ride a motorcycle in Tennessee, you are currently required by law to wear a helmet. Thirty-one other states do not require riders to wear helmets. Last summer, a bill to repeal the Tennessee helmet law passed the Senate Transportation Committee. This is not the first time that such a bill has been introduced, nor is it likely to be the last. Proponents of the bill say that helmets offer questionable safety benefits, and that doing away with the helmet law will increase tourism. Those who oppose the bill say that allowing riders to go without helmets will result in an increase in motorcycle accident deaths and in costs to Tennessee trauma hospitals.

It is not uncommon for people who oppose motorcycle helmet laws to argue that helmets offer some safety benefits while causing other safety risks. Two common arguments on this topic are that helmets affect a riders’ peripheral vision and that helmets affect hearing. In 1994, the National Highway Traffic Safety Administration (NHTSA) funded a study to explore these two issues.

In the study, fifty participants rode their motorcycles around a test course while listening for an audible signal which was their cue to change lanes. Three types of helmet-wearing scenarios were tested – no helmet, partial (three quarters) coverage helmet, and full coverage helmet with face shield. As the riders proceeded through the test course, researchers monitored the hearing of half of the participants while measuring the degree of head rotation of the others.

The results of the study indicate that neither type of helmet has an impact on how well riders can hear what is going on around them. At high speeds, helmets were actually found to improve hearing because they cut down on wind noise. While researchers found a small restriction in peripheral vision, they also found that riders can compensate for that restriction by turning their head just a little bit more than they would if they were not wearing a helmet. The researchers concluded that the degree of peripheral vision restriction that occurs when wearing a helmet is greatly outweighed by the increased protection that helmets offer to riders in the event of a crash.

While concerns about peripheral vision and hearing are not the only arguments which are commonly used by opponents of motorcycle helmet laws, they are two concerns which are often mentioned in the motorcycle riding community. Now that you know the truth about helmets and their impact on vision and hearing, you can make a more informed decision about helmet use when you ride in a place where it is optional.

If you have been injured or someone that you love has been killed in a motorcycle accident, you need the assistance of an attorney who specializes in handling motorcycle accident cases like yours. The knowledgeable and experienced Memphis motorcycle accident lawyers at Bailey & Greer, PLLC would like to hear about your case. When we speak with you, we will explain your options, answer your questions, and help you decide how to proceed. To learn more, call us at (888) 470-9143 to schedule a time to discuss your case. At Bailey & Greer, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.

How Can Vehicle Drivers Avoid Accidents With Motorcycles?

Drivers do not take to the road with the intent to get into accidents, and accidents with motorcycles are no exception. Motorcycle riders notice, as a result of their experiences on the road, certain things that drivers do which can contribute to accidents with motorcycles. Unfortunately, drivers may not be aware of these things, and may not know what they can do to avoid having an accident with someone who is riding a motorcycle.

Motorists can incorporate a few simple safety measures into their driving habits which will help them to be more aware of the presence of motorcycles on the road. If you look twice in each direction before you enter an intersection, you are more likely to notice an approaching motorcycle. Also, always check your mirrors when you change lanes, and every time that you use an on ramp or an off ramp. This will help you avoid entering the path of a motorcycle. Using your turn signals to let other drivers know where you are going enables motorcycle riders and drivers alike to anticipate your vehicle’s movements and respond to them.

There is one driving behavior in particular which causes a high risk to motorcycle riders. This behavior is the failure to yield. Many accidents which involve passenger vehicles and motorcycles involve failure to yield, and these accidents often result in serious injury or death for the motorcycle rider. Drivers must take care to always be aware of their surroundings, and they must yield to oncoming motorcycles just as they would to other oncoming vehicles.

Other tips for safe road-sharing include leaving adequate room between your vehicle and all other vehicles, including motorcycles. Motorcycles sometimes appear to stop suddenly or slow down quickly, and if there is not enough space between your vehicle and a motorcycle, you may end up in a collision. The reason that this happens is that motorcycle riders slow down by downshifting through the gears and then apply the brakes when they need to come to a full stop. If you are driving near a motorcycle, leave at least twice as much distance between your vehicle and the motorcycle as you would leave between your vehicle and any other vehicle. Give motorcycles even more room when you are stopped in traffic, or at a traffic light, because motorcycle riders may need that space to navigate the intersection or get back into the flow of traffic, especially if the road surface is uneven or wet.

Whether you drive a passenger vehicle or ride a motorcycle, the most important rule of the road is to remain aware of your surroundings at all times. When drivers and riders pay close attention to what they are doing, they are able to share the road safely. Accidents are terrible experiences for everyone involved, so it is essential that all drivers and riders do whatever they can to avoid them.

If you have been injured or someone that you love has been killed in a motorcycle accident, you need the assistance of an attorney who specializes in handling motorcycle accident cases. The experienced Tennessee motorcycle accident attorneys at Bailey & Greer, PLLC would like to learn about your motorcycle accident case. When we speak with you, we will answer your questions, explain your options, and help you choose how to proceed. To learn more, call us at (888) 470-9143 to schedule a time to discuss your case. At Bailey & Greer, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.

I was seriously injured when a semi truck driver fell asleep at the wheel near Memphis and ran me off the road. What do I have to do to prove liability?

Getting hit by a semi truck, which may weigh up to 80,000 pounds, is often catastrophic and we are pleased that you survived. However, your injuries certainly make it necessary to get legal help with your situation.

Generally, proving liability in Tennessee means that you must prove that the driver and/or trucking company failed to act reasonably to avoid the accident. When these conditions are in play, negligence has occurred and must be proven in a civil court. If you are successful in proving negligence, you may receive compensation for your Memphis truck accident.

In your case, the truck driver could be proven negligent if his actions behind the wheel caused your accident. In addition, the trucking company may have played a role if the driver was struggling to stay awake because of unrealistic deadlines.

When you file suit, you become the plaintiff and the negligent party (the truck driver and/or the trucking company) becomes the defendant. It is the job of the plaintiff to prove that the defendant did not act reasonably and was, therefore, responsible for your accident.

If you need help with your situation, please call the Memphis truck crash lawyers at Bailey & Greer toll free at 888-470-9143. Their experience, caring and strength are just what you need to claim the compensation you deserve.

Recently I was involved in a Tennessee semi-truck accident. Thankfully, my wife and I escaped with our lives, but she will require a long string of surgeries over the next two years. Based on the accident report, we are pretty sure the driver was taking prescription drugs that caused him to become drowsy and lose control. What should we do?

While we do not have all the facts of your case, it sounds as if the trucker was driving under the influence of dangerous, although legal, drugs that may have caused him to become overly drowsy or out of control. We know that the effects of prescription medications caused 26% of commercial trucking accidents in 2007, making this number one on the top ten list of causes for truck wrecks.

By law, the truck driver’s doctor must approve all prescription medications with a clear knowledge of the trucker’s medical history and the nature of his or her work. In addition, the federal government has banned the use of some prescription drugs for truckers.

Further, all drivers are supposed to be randomly tested for drugs and alcohol. But sometimes the drivers will cheat their drug tests, which may have revealed legal drugs with side effects that should have benched the driver. Sometimes a driver needs money bad enough that he will go ahead and drive even though he is taking prohibited medications.

If your accident can be proven to be a result of the truck driver’s negligence, you may have a strong lawsuit against the driver, the company, or both. Certainly you will be facing some big medical bills and perhaps, loss of income through the coming years.

We urge you to seek legal counsel. The Memphis truck accident attorneys at Bailey & Greer understand the Tennessee trucking laws and offer a free initial consultation. Call us today toll free at 888-470-9143 to get started.

I was recently seriously injured in a Tennessee semi-truck accident. The investigating police officer said it wasnt my fault. I need help paying my expenses. Who can I sue?

Being involved in a Tennessee semi-truck accident can be one of the scariest events in your life. Because of the sheer size of the truck, serious, life-threatening injuries are the norm for those in passenger cars. There are several ways your case can be prepared.

First, you can bring a claim against the truck driver if he or she made a mistake while driving that caused your accident.
You can also sue the owner of the truck and/or the trailer it was pulling.
If the truck or trailer was leased, you can bring suit against the company or person who leased it.
If the accident was caused, or made more serious, because of equipment or tire failure, the manufacturer can be held liable.
Finally, if the cargo the truck was hauling caused your injuries in some way, you can also sue the loader or shipping company responsible for the loading of the truck.

Unfortunately, many truck accidents end in a battle between the companies involved in the leasing, hauling and trucking of the rig. Each one wants the others’ insurance companies to pay.

This can leave you smack dab in the middle of a big mess as one group points the finger at the other. To be sure you get the best representation for your truck accident claim, you will need to find an experienced advocate.

The Memphis truck accident attorneys at Bailey & Greer have experience, know-how and toughness that you will need to pursue a successful truck accident lawsuit.

Call us today toll-free at 888-470-9143 to pursue a claim against the people who hurt you. We have represented clients in Tennessee, Mississippi, Arkansas, Georgia and Missouri.

Is being hurt or even killed in a Tennessee tractor-trailer accident different from suffering the same injuries in a car crash?

In short, the answer is yes. Because requirements for semi-truck drivers, their equipment, and information about the accident are different, the outcome of a truck crash is also different.

If you are involved in a Tennessee truck accident, you can count on the following factors to come into play:

Trucks’ insurance policies: All commercial trucks are required to carry higher amounts of insurance than standard, privately owned passenger cars. This, of course, is because of the increased danger of colliding with a vehicle as big as a semi.
Different federal standards and regulations: Because trucks generally travel on interstate highways, they are all held to a higher standard of safety than other types of vehicles on the roadway. This includes proper maintenance of equipment and load limits. Violations of the Federal Motor Carrier Regulation Act often help to determine who was at fault and provide evidence in case of a lawsuit.
More stringent background checks and time limits for drivers: All truck drivers must be tested for alcohol and drugs, both without warning and if they are involved in accidents. In addition, all drivers are limited in the number of hours they can drive.
Driver logs and “black box” information available: Many trucks are equipped with a “black box”, very similar to the type used to record flight information on airplanes. This can provide valuable evidence in case of a crash. In addition, every trucker is required to keep a log to record details of his or her trip.

If you or a loved one has been harmed in a truck accident, you may want to consider contacting an experienced Tennessee truck accident attorney. Bailey & Greer in Memphis proudly represent people like you. Call us today toll free to request a free case consultation. Let the healing begin now.

I was seriously injured in a Tennessee truck accident. An 18-wheeler lost control in front of me and I could not avoid crashing into him. What should I do?

The first thing you must do is to contact an experienced Tennessee truck accident attorney. This is important because you need to be sure you have all the facts surrounding the crash as soon as possible.

Why the rush? You are actually racing against the trucking company and its insurance carrier (who begin collecting evidence almost as soon as the accident has occurred). They do this to protect themselves from what may become a legal matter if you and other victims choose to bring a claim against them.

The trucking company crash team wants to be the first to examine the contents of the truck’s driving compartment, log books, maintenance records, statements from witnesses and physical evidence. By getting there first, they feel they can better defend themselves.

You, on the other hand, must first deal with the sometimes-debilitating physical, emotional and financial results of the accident. You probably do not have the time or experience to collect the facts of the crash yourself.

That is why we urge you to get legal help. The truck accident experts at Bailey & Greer in Memphis have the years of experience you need to file a successful claim. We bring in our own crash team, made up of accident specialists, to make sure every fact of the case is brought to light.

Please call us toll free today at 888-470-9143 to see what we can do for you.

How can obtaining a trucker’s log book help my Tennessee truck accident injury claim?

When an 80,000 pound semi-truck hits a 4,000 pound car, the results can be tragic. Because Tennessee tractor trailer accidents are so dangerous, Tennessee truck drivers must follow both state and federal regulations, which govern everything from vehicle maintenance to proper loading to how much sleep and rest a driver must get.

If you are injured in a Tennessee trucking accident, your Memphis accident attorney will investigate every aspect of the crash to determine who was at fault and how the accident could have been prevented. He will look at police reports, trucking company records, and the accident scene, so he can piece together what happened. He will also look at the trucker’s log book.

All truckers by law must keep a log book in which they track time driving, time on-duty and not driving, time sleeping, and time off duty. This is important because federal laws govern the amount of time a driver can be behind the wheel and how much rest and sleep he must get before getting back behind the wheel. As of February 2012, drivers can work a maximum of 70 hours per week and must take a 30 minute break every eight hours.

This sounds like a lot of driving, yet drivers try to sneak in extra hours in order to deliver their loads on time. If a trucker’s logbook shows that the driver exceeded the number of hours he or she was allowed to drive, this could prove negligence. And, it isn’t just the driver who could be found liable. The trucking company that hired the driver may also be found responsible. In many cases, it is the employer that demands extra time on the road or requires the driver to meet legally impossible deadlines.

The Memphis trucking accident attorney at Bailey & Greer make your accident their priority. To discuss your truck accident injury, contact Bailey & Greer at 888-470-9143. The initial consultation is free.

I am concerned with a headline I saw recently. Apparently the U.S. is ending a ban on Mexican trucks entering the country. Will Mexican truck drivers be held to the same safety standards as U.S. truck drivers? If they are, then how will we make them comply?

Under an agreement between President Barack Obama and Mexican President Felipe Colderon, approved Mexican carriers are permitted to transport Mexican goods throughout the United States. Yes, Mexican truck drivers must comply with all Federal Motor Carrier Safety Administration (“FMCSA”) safety regulations, including hours-of-service rules. Drivers must hold a valid U.S. or Mexican commercial driver’s license and must be able to read U.S. road signs and understand questions and directions in English.

In addition, Mexican trucks are held to the same safety standards as U.S. trucks and must be insured with a U.S. licensed firm. Before being certified to cross the border, Mexican carriers must go through a rigorous series of inspections and safety evaluations. Authorization can be revoked if a driver or carrier breaks a safety regulation.

CNN reported in September that according to Department of Transportation data, no participating Mexican carrier has had a reportable crash in the U.S. since joining the program.

What is the purpose of the steel beam that hangs below the rear bumper of a tractor trailer?

Those steel bars to which you refer are safety devices called underride guards. They are designed to prevent passenger vehicles from sliding underneath trailers in rear-end collisions with semi-trucks. Crash tests by the Insurance Institute for Highway Safety found that most underride guards do a decent job of preventing passenger cars from sliding underneath when the front of a vehicle strikes the rear of a truck. However, crashes where the car hits the outer edge of a trailer could put passengers in greater danger since the part of the guard that sticks out toward the ends of the truck doesn’t have as much support as the center.

If you are involved in a rear-end collision with a semi-truck that stopped suddenly without warning, call the Memphis truck accident attorneys at Bailey & Greer. We have the years of experience you need to file a successful claim.

What Are The Most Common Frequently Asked Questions Regarding Trucking Accidents in Tennessee?

Being involved in an accident can be simply devastating. Not only do they lead to serious injuries and potential death, they also lead to questions as to where victims should turn next. Specifically, accident victims, while still reeling from the shock associated with their accident, may not realize the amount of time and effort that is involved in trying to obtain the compensation they deserve for their injuries. That is why our qualified team of Tennessee trucking accident attorneys have put together a list of the most frequently asked questions. In other words, these are questions that most prospective clients ask of us when we meet for the first time during their initial consultation. We felt that it would be helpful to share them with you so that you are educated on the basics, which makes it easier for you and your attorney when you examine the facts of your case. These questions are as follows:

Q: How are trucking accidents different from car accidents?

Truck drivers and the companies that employ them are held to a much higher standard of safety than non-commercial drivers. Specifically, truck drivers have to go through training to prove they are qualified to operate large commercial trucks. Not the mention the fact that they have to abide by a different set of safety rules. In addition, because truck drivers are considered professionals, the compensation for someone in a trucking accident is typically higher than for someone in a car accident.

Q: Who is responsible to pay for damage caused by a trucking accident?

There are a number of parties who could potentially be held responsible for having contributed to your accident. The transportation industry often has many individuals and entities responsible for accidents, such as truck employers, truck manufacturers, truck part manufactures and of course, the driver him or herself. It is important to work with an experienced Tennessee trucking lawyer, who has the skills and education necessary to can help you determine who may be at fault in your case.

Q: What typically causes a trucking accident?

Every accident is different however, there are some generally reoccurring causes of trucking accidents. For example, we see the following causes on a repeated basis: driver fatigue, driver distraction, negligent hiring, unqualified drivers, improper vehicle maintenance, defective parts on the vehicle, and other forms of driver/employer negligence. One of our Tennessee truck accident lawyers can help you determine what claims you may have, and if necessary, file a claim against the liable parties if you or a loved one has been injured in a trucking accident.

Q: What compensation can I recover?

At Bailey & Greer, our trucking accident lawyers will fight tirelessly to protect your legal rights. Every case is different however, when a trucking company or its driver has been negligent, we will help maximize your chances of obtaining monetary compensation to cover your medical bills, lost wages, lost future earnings, as well as pain and suffering. In addition, if a loved one lost his or her life in a trucking accident, you can generally recover compensation for funeral costs, lost income, pain and suffering, and loss of companionship through filing what is known as a wrongful death action. Again, every case is different, but if you wish to find out what compensation you, or a loved one, may be entitled to as a result of a serious trucking accident, one of our experienced truck accident lawyers can help.

Q: Can I resolve my claim without hiring a lawyer?

Yes. However, there is always the chance that you will not recover the amount you are entitled to. Trucking accident lawsuits are very complicated because of the different standards truck drivers and companies are held to as well as the complicated laws that governs the trucking industry as a whole. In addition, insurance companies with big policy limits are willing to pay big bucks to minimize the amount they pay to resolve a trucking accident claim. With this in mind, it is important to consider that these types of cases are often arduous and require tenacity and a deep understanding of the law.

The highly qualified law firm of Bailey & Greer, PLLC represents victims of trucking accident claims located throughout Tennessee, Mississippi, Arkansas, Georgia, and Missouri. If you want the best possible legal outcome for your commercial truck accident, please call us today, either toll-free at 888-470-9143 or locally at 901-352-5233. Our Tennessee truck accident attorneys have the knowledge, experience, and integrity to maximize your chances of recovering the compensation you deserve for your losses.

What are Some of the Complications in Bringing a Tennessee Truck Accident Case?

Being involved in a serious accident with a tractor-trailer means that you likely have life-altering injuries. It may be daunting to think about litigation when you are dealing with medical treatment and mounting bills. However, truck accidents cases are dependent on evidence that may quickly disappear. There are a number of questions that you should think about in relation to the facts of your case to determine how quickly you need to start the process of getting compensation from the parties who caused your injuries.

How quickly should an accident victim hire an attorney?

An accident between a commercial truck and a car may be just that. However, often negligence has played some part in the circumstances that led to the collision. An over-tired driver forced to manipulate a log may lose focus on the road, a trucking company may have sent a truck out after a questionable maintenance report, or a mechanic may have replaced brake lines with used parts. There are many ways the wrongdoing of a person in the trucking business could have caused the accident that harmed you. Evidence of these negligent acts disappears quickly. Records only need to be kept for a short period of time. Conditions at the scene of the accident change, so it is critical to record the site before there has been any deterioration of the elements that may have contributed to the collision. An independent investigation is critical to capturing evidence and getting witness statements.

What should I do first?

Even if you had emergency medical care, it is critical to get a thorough examination from a doctor specializing in the serious injuries caused by truck accidents. An accident between a commercial truck and a passenger car involves a tremendous amount of impact force. There are injuries that may take a period of time to manifest and discovering the degree of damage may require a careful medical review. Further, the examining doctor is going to be an important witness in the trial, if it takes place. Evidence of the early proof of the harm done by the truck accident will be crucial to getting the compensation that you deserve.

How do I determine who was responsible for the accident?

It is not as simple as you might think. The trucking industry is comprised of drivers who may be independent, but usually work for a trucking company. These drivers may own their own rig, rent it, or merely drive for the company. The trucking company may be an independent operator or may have a parent company. The mechanic that serviced the rig and trailer involved in your accident may work for the trucking company or be an independent contractor. At each level, there may be critical documents and information that relate to the cause of the accident.

A trucking accident is a traumatic event that usually results in serious injuries for the driver and passengers of the car involved in the collision. It is crucial to get someone on your side as soon as possible in order to preserve evidence and get the information necessary to obtain the compensation that you deserve. At Bailey & Greer, PLLC our expernienced and knowledgable Tennessee truck accident lawyers have the expertise to ensure the truth about the accident is proven and the victims get the resources they need for medical treatment, expenses, and pain and suffering. Please call (888) 470-9143 to schedule a free and confidential evaluation of your case.

What is a Traumatic Brain Injury?

A collision between a tractor-trailer and a passenger vehicle may lead to many different injuries, especially for the driver and any passengers in the car that was involved in the accident. Many times, a victim will suffer from a traumatic brain injury (TBI), which the Mayo Clinic defines as brain dysfunction resulting from an external mechanical force. The damage may be temporary and moderate, where damaged brain cells are repaired over time. However, severe impact forces will lead to cell and tissue damage, bleeding in the brain, and changes in the neurochemistry of the brain. This type of damage is long-term or permanent and likely will result in cognitive impairment and physical disabilities.

There are many different causes of TBI, including a simple bump on the head. The leading cause of the estimated 1.7 million TBIs that happen in the United States each year is falling, which accounts for approximately one-third of the injuries. Motor vehicle accidents are the second leading cause, at around seventeen percent. These statistics are compiled by the Centers for Disease Control and Prevention (CDC). Car and truck crashes were the leading cause of deaths as the result of a TBI, with thirty-one percent of the fatalities.

A traumatic brain injury can result from a penetrating injury, where a foreign object impacts the head and passes into the brain itself, such as a bullet or a piece of metal driven into the head during a car accident. A TBI also may develop after a closed head injury where there is an impact to the head that does not lead to a penetrating wound. A driver who is hit by a tractor-trailer may have his head slammed into the dashboard or steering wheel, leading to a closed head TBI.

When the impact first occurs, there may be bruises, lacerations, damage to the skull itself, blood clots, and nerve damage. Other physical trauma may continue to develop over time, including:

Swelling in the brain;
The build-up of intracranial pressure;
Extreme blood pressure fluctuations;
Anemia;
Epilepsy;
Carbon dioxide build-up;
Cardiac irregularities; and
Changes in mood and behavior.

A person who has suffered from a TBI may suffer from a number of debilitating medical conditions, including seizures, dizziness, severe headaches, diminishment in strength and stamina, loss of coordination, hearing and vision problems, speech impairment, cognitive impairment, and changes in personality and emotional wellbeing.

Although physical therapy and rehabilitation may help to minimize some of the consequences of this type of injury, a person who suffers from a severe TBI likely will require additional assistance and accommodations for the remainder of his or her life.

Most of us will experience a car accident in our lifetime. However, for those who have suffered through the trauma of an accident involving a tractor-trailer, life never will be the same. The injuries that result from this type of collision are often debilitating. Years of intensive medical treatment, multiple surgeries, therapy, rehabilitation, and the need for mechanical assistance are a reminder of the devastation of the crash. The dedicated Memphis truck accident attorneys at Bailey & Greer, PLLC understand the struggle that you face on a daily basis. We want to work with you to recover compensation that will pay all of your past and future medical expenses, as well as cover lost wages and future earnings. We also will fight to get you damages for the pain and suffering that will last a lifetime. We are available to discuss the terrible accident that led to the harm you suffered during a free and confidential consultation. To schedule this meeting at your convenience, call us at (888) 470-9143.

What if my loved one was injured or killed in an accident with a truck in Tennessee?

When you have been involved in a serious accident, it may be hard to focus on more than getting necessary medical treatment and struggling with everyday activities. However, it is important to get legal assistance as soon as possible because evidence begins to degrade and disappear almost as soon as the truck accident has happened. Although it may be difficult to decide what to do when so much is going on in your life, there are some questions that you should ask to help decide what to do.

Are truck accidents different that an accident between two passenger vehicles?

The answer is yes. Commercial trucks are regulated by state and federal laws. Truck drivers are required to satisfy more stringent safety standards. They also are required to have more insurance coverage than regular drivers. If the truck is part of a trucking company, the company has a requirement to conduct a thorough background check on the driver in order to be sure that there are no substance abuse problems. In addition, there should be ongoing evaluation of the drivers in order to ensure that new problems have not arisen. If there are any violations of the Federal Motor Carrier Safety Regulation Act, an injured driver can hold both the driver and trucking company responsible for the accident.

What if my loved one was injured or killed in an accident with a truck?

Although the right to bring a lawsuit rests with the victim, if your loved one was killed in the accident then you might be able to bring action on his or her behalf as representative of the estate.

Who is responsible for the accident?

In a truck accident case, this is a complicated answer. Liability rests initially with the driver who caused the accident. However, there also is responsibility that can be assigned to the owner of the cab, the owner of the trailer, and the company that may be listed on the trailer, if it is different from the trucking company. Depending on the circumstances of the accident, the loading facility that positioned and secured the load on the truck as well as the individual or company that owns the cargo being shipped may be negligent in some manner, depending on the nature of the accident.

Why is it important to act quickly after a truck accident?

There are a lot of avenues of investigation in a truck accident because of how highly regulated the industry is. Truck drivers are required to keep a log of distances traveled and other details of the trip. In addition, there is a limit on the number of hours per day that a driver may travel. Although this often was manipulated in the driver’s log to allow the driver to travel longer distances, new technology is helping to eliminate the fraudulent documentation. What all of this means is that there are many different items and statements that must be gathered. In many cases, documents may be destroyed legally after a period as short as six months.

Truck accidents are terrifying events that change lives. The injuries often are devastating. It may be difficult to do much more that travel to doctor appointments and struggle with bills, but it is important to get the advice of knowledgeable Memphis truck accident attorneys like Bailey & Greer, PLLC to protect your rights. For a truck accident victim, the funds from a damages settlement or jury award are vital to your continuing recovery. In order to set up a time to discuss what happened to you, call us at 1 (888) 470-9143 at any time. At Bailey & Greer, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.

Who is Responsible for Damages in a Tennessee Trucking Accident?

One thing which makes a trucking accident different from a typical passenger vehicle accident is that there are often multiple individual and corporate parties who may be responsible for the damages which resulted from the crash. This can make obtaining financial recovery after a trucking accident a complicated and time consuming process. Experienced trucking accident attorneys know how to investigate trucking accidents and how to sort through the evidence to determine which parties are likely to have caused your injuries. They also know how to help you obtain the financial recovery that you deserve from those parties who are responsible for your injuries.

In many trucking accidents, the trucking company is at least partially responsible for the damages experienced by the accident victims. Trucking companies can be liable to victims for a few different reasons. If the trucking company was negligent in hiring, training, or supervising the driver who was involved in the accident, the company is liable for the harm that the victims experienced as a result of that negligence. Sometimes, the trucking company’s negligence arises not from a problem with the truck driver themselves, but from a problem with how the truck was maintained. This can involve maintenance which is incorrectly performed by company mechanics, who may have failed to inspect trucks frequently enough or to make necessary repairs in a timely manner. Trucking companies can sometimes be held liable for punitive damages as well, if they engaged in conduct that was particularly atrocious, such as requiring drivers to falsify records, overload trucks, or drive so many hours that they become fatigued.

Truck drivers can be liable to trucking accident victims because of the choices that they make while they are behind the wheel. Sometimes, drug and alcohol use, excessive speed, and other negligent actions made by truck drivers contribute to horrific accidents where victims are severely injured or killed.

Another party which could be partially or fully responsible for the damages that were caused by a trucking accident is the manufacturer of the truck. Just like automobile manufacturers can be held liable when their cars contain a dangerous defect, the manufacturers of commercial vehicles are responsible for designing and building vehicles that are safe to operate on the roads.

The manufacturers of truck parts can also be liable to trucking accident victims. Tractor trailers and other commercial vehicles are made up of many parts like tires, brakes, and engine components, which are manufactured by a variety of domestic and foreign companies. When one of these parts contains a defect which causes an accident, the manufacturer of the defective part may be held responsible for the injuries and damages to the accident victims.

Truck repair facilities are another type of party which may be responsible for the damages in your trucking accident case. Some trucking companies do not perform their own maintenance. Instead, they subcontract the care of their vehicles out to truck repair facilities. If improper maintenance by someone at a truck repair facility played a role in the crash which injured you, the repair facility may be liable for some of your damages.

The knowledgeable and experienced trucking accident attorneys at Bailey & Greer, PLLC know exactly how to investigate trucking accidents like the one which caused your injuries. Trucking accident cases can be complicated, but we know how to identify and pursue the party or parties who are responsible for your injuries. Our attorneys know exactly what kinds of evidence to look for, which experts to work with, and how to present our findings in order to obtain the best possible results for our clients. We will do what it takes to get you the compensation that you deserve. Please call us today, at (888) 470-9143 to schedule a consultation. At Bailey & Greer, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.

What is an Underride Accident?

Any accident which involves a passenger vehicle and a tractor trailer is likely to result in a great deal of injury and damage. It may even result in one or more fatalities. One common way that accidents between passenger vehicles and tractor trailers occur is when the front of a passenger vehicle goes underneath a tractor trailer, either from the rear or from the side. When this happens, the crash is called an underride accident.

Underride accidents are physically possible because there is a difference in height between the trailers of tractor trailer units and the front ends of passenger vehicles. The front bumper of most passenger vehicles is located between thirty and thirty five inches above the ground. The trailer of a tractor trailer is approximately forty five inches above the ground.

The United States Department of Transportation (DOT) requires semi-trailers to have rear bumpers which are located no more than twenty two inches above the ground. While this is a step in the right direction, the bumpers do not prevent vehicles from going underneath the trailers from the side. In some collisions, the bumper is pushed forward by the impact of the passenger vehicle, and an underride accident still occurs.

The DOT regulations set forth standards for the dimensions and strength of the bumpers that it requires tractor trailers to be equipped with. Bumpers which meet the minimum requirements of the DOT regulations have been shown to be minimally effective in preventing underride accidents. The Insurance Institute for Highway Safety and other groups have asked the DOT to amend their underride protection rules to require larger, stronger bumpers. For this reason, some manufacturers are already selling trailers that have bumpers which are larger and stronger than what the DOT requires. The Insurance Institute for Highway Safety has conducted crash tests on the improved underride guard bumpers and has found many of them to be much more effective at preventing underride accidents, except in certain situations where the passenger vehicle overlaps with only a small portion of the rear of the trailer.

While some trailers on the road are equipped with the newer, more effective underride guards, many trailers have guards which comply with the current DOT standards. Unfortunately, there are also quite a few tractor trailers which have bumpers that do even meet the DOT standards. The bumpers may be damaged, poorly maintained, or in some cases, completely missing. This means that although regulations exist to reduce the likelihood of underride accidents, the actual risk of having an underride accident is still high.

Because of the way in which the vehicles collide in an underride accident, the top of the passenger vehicle is often sheared off by the impact of the crash. When this happens, seat belts and airbags are unable to prevent the occupants of the vehicle from sustaining severe or life-threatening injuries to their heads and necks. It is therefore not surprising that there are many fatalities which occur in underride accidents.

If you or someone that you love has been injured or killed in an underride accident or another type of collision with a tractor trailer, it is important that you get help from an attorney who has experience in handling trucking accident cases. The knowledgeable Tennessee truck accident attorneys at Bailey & Greer, PLLC are here to assist you. When you speak to us about the details of your case, we will answer your questions, explain your options and help you decide how to proceed. To learn more, call us at (888) 470-9143 to schedule a time to discuss your case. At Bailey & Greer, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.

Why Do I Need a Trucking Accident Attorney?

If you have been involved in an accident with a tractor trailer or other commercial vehicle, you may wonder whether you really need to search for an attorney who specializes in trucking accident cases. After all, your case is a personal injury case, and there are many personal injury lawyers in Tennessee. Surely you could just get help from the personal injury lawyer down the road, or the attorney that did such a great job for your friend after they were injured in a car accident, right? While it is true that there are plenty of good personal injury lawyers in Tennessee, there are a few reasons why you should seek the assistance of a trucking accident attorney if you have been involved in an accident with a commercial vehicle

One reason why it is important to retain a trucking accident attorney is that they are accustomed to working with cases where the injuries and damages are as serious as those that you have experienced. When a passenger vehicle gets into an accident with a tractor trailer, the potential for serious injury, death, and lifelong disability is greater than it is for accidents involving only passenger vehicles. The ways in which the vehicles collide can also be different. Passenger vehicles can be crushed, pushed, and dragged along by trucks that weigh tens of thousands of pounds. Trucking accident attorneys are familiar with various types of accident scenarios which involve tractor trailers and other commercial vehicles, so they know exactly how to pursue your case in order to obtain the recovery that you deserve.

A second reason to seek out an experienced Tennessee trucking accident attorney is that there are more parties involved in a trucking accident than just the truck driver and the occupants of the passenger vehicle. The company that owns the truck is a party to the accident, and there may be other parties who could be liable for your damages depending upon how the accident occurred. This can work to your advantage, because there may be multiple parties who can be held liable for your injuries and damages. However, lawsuits involving multiple parties are more complex and usually take longer than cases which involve just two parties and their insurers. Your Tennessee trucking accident attorney has experience with complicated, multi-party lawsuits and they have helped clients just like you recover from the parties who were responsible for their injuries.

A third reason why you need a trucking accident attorney is that they understand trucks, the trucking industry, trucking laws, and the types of evidence which are part of trucking accident cases. Evidence in trucking accident cases comes from the vehicles involved in the crash, the people involved in the crash, and business records like the driver’s log book and other documents from the trucking company. Trucking accidents involve things that car accidents do not, so an attorney with specialized knowledge can assist you more effectively than one who deals mostly with automobile accidents.

If you or someone that you love has been injured or killed in a collision with a tractor trailer or other commercial vehicle, it is important that you get help from an attorney who has experience in handling trucking accident cases. The knowledgeable Tennessee trucking accident attorneys at Bailey & Greer, PLLC want to help you. When you tell us about the details of your case, we will answer your questions, explain your options and help you decide how to proceed. To learn more, call us at (888) 470-9143 to schedule a consultation. At Bailey & Greer, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.

Are punitive damages available in Tennessee auto accident cases?

The short answer is yes. Punitive damages are available as an element of damages in Tennessee auto accident cases. The question of whether punitive damages will be available in any case depends on the individual facts of the case, and it is the role of the jury to decide if punitive damages are warranted based on the evidence at trial. Punitive damages are not designed to compensate the injured party but are instead designed to punish the wrongdoer.

Tennessee law on punitive damages states that they are only available if the defendant driver or the driver’s employer acted:
Intentionally;
Fraudulently;
Maliciously; or
Recklessly;
Further, the plaintiff must prove the defendant’s actions by “clear and convincing” evidence, which is a higher burden of proof than is required to prove ordinary negligence.

Punitive damages play an important role in the Tennessee courts. Punitive damages allow a jury to punish a defendant for especially harmful behavior, whether it is a corporate defendant or an individual defendant, and send a message that certain acts will not be tolerated in Tennessee communities.

If you have a question about whether you may be entitled to punitive damages in a Tennessee auto accident case, contact one of our experienced Memphis car accident attorneys today by calling 1-888-470-9143.
Bailey & Greer represents people with auto accident claims in Tennessee and Mississippi, including Memphis, Germantown, Bartlett, Cordova, Collierville, Arlington, Lakeland, and all of Shelby, Fayette, and Tipton Counties. We have also handled cases in Arkansas, Georgia, and Missouri.

What Types of Damages Can I Collect in an Auto Accident Case?

If you are injured in an auto accident, you can recover money for both economic and non-economic losses. Your ability to collect money will depend on the facts of the case and may also depend on whether you hire an experienced auto accident attorney. The following are the categories of damages that you may be able to collect in a personal injury lawsuit.

Medical Bills – If the accident resulted in medical treatment, you can collect for reasonable and necessary medical bills that occurred in the past as well as reasonable and necessary medical bills that are likely to be incurred in the future as a result of the accident.

Loss of Earning Capacity – This element of damages compensates a person for the person’s loss in ability to earn money that has been lost in the past and of the ability to earn money that is reasonably certain to be lost in the future.

Physical Pain and Suffering – If the auto accident caused physical pain, such as broken bones, torn muscles, bruises, and burns, you may collect money for the discomfort experienced both in the past and for any pain likely to be experienced in the future.

Mental or Emotional Pain and Suffering – You may collect money for any past or future emotional pain and suffering, such as anguish, distress, fear, humiliation, grief, shame or worry.

Disfigurement – This element of damages compensates a person if the person’s appearance is permanently damaged in the auto accident, such as from a scar, burn, or loss of limb.

Loss of Ability to Enjoy Life – A person can collect money for the limitations placed on the ability to enjoy the pleasures of life after the accident.

Disability – This element of damages compensates an injured person if the auto accident prevents a person from living life in comfort by adding inconvenience or loss of physical ability.

Loss of Consortium – If the injured party is married, his or her spouse will have a claim for the loss of services, companionship, love and affection.

What should I do if my Tennessee car accident insurance claim was denied?

First of all, do not give up! If your accident involved injuries, property damage and/or was the fault of another driver, you have a right to compensation.

Start by examining the reasons given in the denial letter. Then begin looking over your own insurance company’s policy. Maybe a mistake was made. If you have any questions, contact a reputable Memphis auto accident lawyer right away.

An attorney can examine all the facts of your case with full knowledge of how these facts may be used to your advantage. In addition, the other driver’s insurance company may also be held liable for your damages. When this is true, only an experienced litigator can fully represent you.

By getting professional help, you can be sure that your case will be handled with skill and legal knowledge, and that you will end up with the maximum possible compensation. Once your attorney has completed your case, you can rest assured knowing that you have done the best thing for yourself and your family.

The Memphis personal injury attorneys at Bailey & Greer have both the experience and skill to successfully represent you from the beginning to the successful conclusion of your case. We serve clients throughout Tennessee and Mississippi. Call us toll free today for a case evaluation at 888-470-9143.

Can I File an Auto Accident Lawsuit Against a City or County when the Government Vehicle was at Fault?

In Tennessee, you can bring a claim against a governmental entity, such as the City of Memphis or Shelby County, if the person driving the municipal vehicle was: 1) an employee of the city or county; 2) was acting in the course and scope of his or her employment with the municipality at the time of the wreck; and 3) was negligent and at fault for the auto accident. Claims of this nature are brought under the Tennessee Governmental Tort Liability Act. There are several limitations to this type of injury claim that people should be aware of:
Claims must generally be brought within one year of the date of injury; however, there are a few exceptions
There are limitations on the amount of money you can recover against a city or county
You generally do not have the right to a trial by jury and your case will most likely be decided by a judge
Governmental entities cannot be held liable for punitive damages

The most common lawsuits filed against cities and counties are automobile accidents. The Memphis auto accident attorneys at Bailey & Greer have both the experience and skill to successfully represent you from the beginning to the successful conclusion of your case. We serve clients throughout Tennessee and Mississippi. Call us toll free today for a case evaluation at 888-470-9143 or ask us a question

What should I do if an aggressive Tennessee driver harasses me on the road?

Aggressive drivers cause many accidents throughout Tennessee and the United States. These lawbreakers may even physically attack other motorists while on the road, using their cars as weapons, or follow other drivers and wait until they stop to confront them.

For these reasons, you should NEVER respond to any kind of aggression when you are driving. As a general rule, you should always be aware of other drivers on the road and respond passively to motorists who threaten you in any way.

For instance, if the driver cuts you off, slow down and give him plenty of room to move ahead of you. Or, if an aggressive driver becomes angry with you and tries to personally contact you, do not make eye contact and never respond to obscene hand gestures.

If you see an aggressive driver cause an accident, wait until it is safe, pull over and contact law enforcement to report what you have seen.

If you are the victim of an aggressive driver who causes you to have an accident, you have the moral responsibility to bring the guilty driver to justice. If it is possible, get the license number of the aggressor’s vehicle. If the accident is more serious, hopefully other responsible drivers will come forward as witnesses and identify him or her.

And, no matter what, get a good car accident attorney to represent you when an aggressive driver harms you. The Memphis car accident attorneys at Bailey & Greer can advise you and take your case if necessary. Do not hesitate to contact us today toll free at 888-470-9143 to get your questions answered.

How do I prove that another driver was negligent in my Tennessee car accident?

Negligence must be proven for a Tennessee car accident lawsuit to be successful. In general, proving negligence means that you must prove that someone else was at fault in your accident. You must prove that the defendant caused your accident and that you were injured as a result.

Your lawyer will help you do this by looking at police reports, interviewing witnesses and examining state traffic laws. When the other driver has not exercised “reasonable care under the circumstances”, he or she might be considered negligent.

For example, another driver might be considered negligent if he or she did one of the following and caused your accident:
Ignored traffic signs or signals.
Was driving either too fast or too slow in relation to the posted speed limit.
Didn’t signal before turning.
Drove irresponsibly in adverse weather conditions.
Drove under the influence of alcohol or drugs.
Drove aggressively and forced an accident to happen.

When you decide to file a Tennessee lawsuit against another person, you will need expert legal guidance. We suggest that you choose a Memphis car accident attorney at Bailey & Greer. We can give you and your case the personal attention you deserve. Call us today toll free at 888-470-9143, or fill out the confidential form on this page.

If I am in a car accident and file a personal injury claim, what will happen?

Once you have found a good lawyer to represent you, your compliant will be filed in the local court. Your compliant will state that you (the plaintiff) suffered injury due to the negligence of another party (the defendant). Then the case will move forward.

There are two possible outcomes if you file a personal injury claim following a car accident.

First, a settlement may be reached. This is the most common ending to car crash lawsuits. The settlement process includes attorneys and insurance representatives from both sides, along with the defendant and the plaintiff. Usually a period of negotiation will take place, and when both sides are satisfied, a settlement is reached and a specific amount of money is awarded.

In the second outcome, the negotiation process is unsuccessful and your case goes to trial. Unlike criminal trials in which the government brings charges, car accident cases are handled in civil court.

The Memphis car accident lawyers at Bailey & Greer are ready and willing to take your car accident personal injury case as far as needed to get you the best possible outcome. Please give us a call toll free today at 888-470-9143 to get started with your claim.

I was recently seriously injured in a Memphis car accident caused by a road hazard. Who is liable?

When a road hazard causes an auto accident, liability depends on the situation. There are many dangerous road conditions, so there are just as many scenarios when it comes to liability.

If you plan to file a lawsuit, you must be able to prove someone was liable. Liability means that an individual or group has acted in a careless or thoughtless manner and caused you harm. Some of the typical negligent parties include:
Public Groups: This includes city, county, and state governments, or other agencies that are responsible for maintaining the roadway and warning motorists of dangerous conditions.
Private Individuals or Businesses: If, for example, a citizen allowed his or her dog to run loose, a contractor failed to secure a load and you were hit with a falling ladder, or a landscaper leaves fallen branches in the roadway, you may have a legitimate lawsuit.
Whatever the cause of your accident, it is a good idea to get some legal advice. That way you can rest assured that you have taken all the steps necessary to protect your rights and pay for expensive medical costs, property damage, loss of income, and missed time from work.

The Memphis car accident attorneys at Bailey & Greer offer caring, compassionate help to the victims of serious car crashes. Call toll free today at 888-470-9143 to find out what to do next.

How much Tennessee Auto Insurance Coverage Do I Need?

We see people every day who are injured first by a careless driver, and injured again by their own auto insurance policy. Tennessee only requires $25,000 in liability coverage but it’s very risky to only have the minimum coverage. Often times raising your insurance limits a substantial amount (several hundred thousand dollars) will only cost a couple of dollars per month.
Liability coverage applies when you accidently cause a wreck. You may think you are a safe driver and only need the minimum coverage, but what happens when you are seriously injured by someone without insurance? That’s when UM coverage comes into play.

UM coverage provides money when you are injured by a person without insurance or not enough insurance. Not having enough UM coverage can be costly.

For example, we represented a young man who sustained serious injuries in a car crash. His medical bills alone totaled $100,000, but the driver of the other vehicle had no insurance. Unfortunately our client only had $25,000 in UM coverage. Needless to say, our client was left holding the bag.

As a starting point, we suggest that everyone have a minimum of $100,000 in liability coverage and uninsured motorist coverage.

Here are some additional factors to consider:
Have at least enough liability coverage to cover your net worth
Never waive uninsured motorist coverage, which protects you from an uninsured driver or underinsured driver
The more drivers covered on the policy the greater the risk, so more coverage may be required
Consider an umbrella policy to protect from catastrophic injuries
If you don’t understand your policy, call an experienced auto accident attorney
Bailey & Greer represents people with auto accident claims in Tennessee and Mississippi, including Memphis, Germantown, Bartlett, Cordova, Collierville, Arlington, Lakeland, and all of Shelby, Fayette, and Tipton Counties. We have also handled cases in Arkansas, Georgia, and Missouri.

I was injured in a serious Memphis car crash and have my first meeting with the other guys insurance company later this week. I am nervous. How do I handle it?

You should be careful going in to this meeting. Bring a pen and paper and record what is said. First, be sure you get all the other person’s information including full name, address, phone number and company name.

Next, you should try to be polite, even if you are angry about what happened to you. There is an old saying; “You can catch more flies with honey than vinegar.” In this case, you will do well to stay on an even keel. Calmly ask any questions you may have and note the answers.

Do not allow the conversation to be taped, do not give details of the accident or your injuries, and do not discuss witnesses you may know of. The truth is, your rights allow you to remain quiet and listen to what they have to say. Remember that you do not have to agree to anything suggested.

To be completely sure your rights are being protected, we suggest you consult with an experienced Memphis car accident attorney before going to the meeting.

The car crash specialists at Bailey & Greer can answer any questions you may have concerning your accident and the insurance adjustors. Please contact us today.

Bailey & Greer serve clients in Tennessee and Mississippi including Memphis, Germantown, Bartlett, Cordova, Collierville, Arlington, Lakeland and all of Shelby, Fayette and Tipton Counties.

I was hit broadside by a driver who ran a red light in Memphis. I was seriously injured and face a long recovery, but someone told me I couldnt sue because I wasnt wearing my seat belt. Is this true?

This is definitely not true. No matter what, Tennessee law protects your rights. The person who told you this may have been referring to some cases in which a person has been awarded less in court if it can be proved that not wearing a seat belt caused the injury.

Every state except New Hampshire requires seat belt use, but not every state has what is called a “seat belt defense” law. This type of law allows lawyers to present evidence concerning seat belt use in civil trials. Tennessee is among the 30 states that do not have a seat belt defense in place. However, of these 30 states, 26 do have laws prohibiting using evidence that a seat belt was not worn when an accident took place. Tennessee is not one of these 26 states.

What this means, basically, is that in Tennessee the law remains a bit fuzzy concerning your accident. If it was 100% caused by another driver, whether or not you were wearing a seat belt when injured may not be considered. Since using the seat belt defense is not yet standard practice, you could avoid the issue completely.

Your best option is to contact a Memphis car crash attorney who can look at the evidence and advise you. The Tennessee car accident specialists at Bailey & Greer look forward to speaking with you. Call today toll free at 888-470-9143 to discuss your case.

My husband was in a horrible Tennessee car accident last week and has been diagnosed with a severe traumatic brain injury. He is still in the hospital. I am angry with the other driver and worried about my husband. How do I handle this?

This is a terrible situation for anyone to deal with. You have a long road to travel and need to take care of yourself first, so be sure you are getting rest and accepting help from those who offer. Also, don’t be afraid to ask for assistance when you need it.

That said, your husband’s injury is going to take time and patience. Your husband will need lots of rest too, and will need time for rehabilitation. No two traumatic brain injuries are alike, so your doctor will probably not be able to give you a clear picture of how long this will take, what specialists will be needed or whether the injury will have lasting effects. You will have to try to be patient and handle each issue as it arises.

As far as your anger goes, it is perfectly natural. When someone you love is hurt by another’s negligence, of course you will feel anger and resentment. But, give yourself a little time for this issue. Don’t talk to any insurance companies and DO NOT accept any offers you may receive.

If you have legal questions, it is best to consult an attorney before you talk to the insurance company. You may meet many unforeseen costs in the future, and it pays to be careful. The Memphis car accident attorneys at Bailey & Greer can offer you a free case consultation and a caring, individual approach to your situation. Call us toll-free today at 888-470-9143.

I was injured in a car accident in Tennessee. How long do I have to sue?

In most cases, the statute of limitations for a car accident in Tennessee is one year from the date of the accident. Although it is generally best to assume that you have one year to sue, there are several exceptions that may apply that will allow an auto accident case to be filed after one year.

Exceptions to the One Year Statute

Injured Children – If the person injured in the auto wreck is a minor at the time of the accident, then the one year statute of limitations will not apply. The time period for filing a lawsuit on behalf of a minor is “tolled” until the minor reaches age 18, and then the person will have one year to file a lawsuit.

Incompetent Persons – Any individual with a mental or physical disability that makes them unable to make decisions about filing a lawsuit may file a lawsuit within one year after the person recovers from the disability. For instance, if a person is in a coma and unable to communicate for several months following an accident, the statute of limitations will be “tolled” until the injured person is mentally able to appreciate what has happened to them. Whether a person has a mental disability sufficient to “toll” the statute of limitations is often difficult to ascertain. Therefore, it’s best not to rely on the tolling period unless absolutely necessary.

If you have a question following a car crash in Tennessee, please call one of our Memphis, Tennessee car crash attorneys today.

Bailey & Greer represents people with auto accident claims in Tennessee and Mississippi, including Memphis, Germantown, Bartlett, Cordova, Collierville, Arlington, Lakeland, and all of Shelby, Fayette, and Tipton Counties. We have also handled cases in Arkansas, Georgia, and Missouri.

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I recently had an accident at a busy intersection in Memphis. As I was making a left hand turn, a car entered the intersection and crashed into my passenger side door. What are the rules for safe turns at intersections? Am I at fault?

While we cannot be exactly sure what happened in your case, we can share some important rules of intersection safety. Because traffic crosses paths at intersections, the chances for accidents are greater than in other situations.

It is very important that drivers understand the following rules. If everyone did, the number of Tennessee intersection accidents would decrease greatly.

When you see an emergency vehicle, whether it is a fire truck, police car or ambulance, that vehicle has the right of way, no matter what. All other traffic shouldstop and get to the side of the road if possible. No vehicle should move until the emergency vehicle passes through the intersection.
All pedestrians have the right of way. This is another situation in which there are no ifs, ands, or buts.
Intersections with four-way stop signs and no traffic lights can confuse people. The first car to stop has the right of way. If two cars stop at the same time, the one on the right goes first.
A green light means you can go, but only if the way is clear. Green does not mean you have the right of way. It only means you can proceed with caution.
A green arrow means that you can turn, but again, only if the way is clear. Special caution is needed at all green lights, as other drivers may run red lights, putting you in danger.
Amber lights confuse many people. If the light turns amber and it is possible, you must stop at the line. The only exception is if you are traveling too fast to stop safely.

Always drive defensively through intersections. In your case, you may well have just cause to file a Tennessee car accident claim against the other driver. To find out more, call an experienced Memphis auto accident attorney. Bailey & Greer offers a compassionate, caring representation of auto accident victims. Our toll free number is 888-470-9143. Call for a free consultation today.

What are the best things to do if I am involved in a Tennessee auto accident and the other driver was drunk?

If you are the victim of a Tennessee drunk driving accident, there are several important factors to consider. Because of the nature of this crime, and because the legal system is complicated, you should consider the following:

When the accident occurs, you should immediately call the police if no one else has. Be sure the dispatcher knows you suspect a DUI. It is very important for law enforcement to be on the scene as soon as possible. They will need to collect evidence, run sobriety testing on the other driver, and gather witnesses.
If anyone in your vehicle was injured or even killed, you must be sure to contact a Tennessee auto accident attorney as soon as possible. By doing so, you are protecting your rights and your future medical bills, pain and suffering.
Understand that if the other driver had a blood alcohol content (BAC) over the legal limit of .08, the State may choose to file criminal charges against him or her. However, criminal trials punish the guilty according to state law; they do not represent your losses.
You and your attorney must file civil charges against the drunk driver in order to get restitution. A civil trial is completely separate from a criminal trial and the outcome of one does not affect the outcome of the other.

As Tennessee personal injury lawyers, we regularly see the results of drinking and driving. In fact, an average of one third of all auto accident fatalities are caused by drivers who are impaired. Call us in Memphis at Bailey & Greer today toll free at 888.470.9143 to request a free case consultation.

How is fault determined when a Memphis car crash is caused by snow, sleet or ice?

When winter weather hits Memphis, car accidents are inevitable. Ice, snow, slush and sleet reduce visibility and make roads slippery. The hazardous road conditions can make it difficult to control your vehicle and increase the possibility of a Memphis car wreck. Who is at fault if your car does crash? Can you blame the weather?

When you file an insurance claim for a Tennessee winter weather accident, the insurance company may make some allowances for weather conditions, but regardless of the weather, it is a driver’s responsibility to take the necessary precautions to avoid a crash. The insurance company will take all the contributing factors into account.

Suppose that freezing rain is coming down. You slide into an intersection and hit another driver. You couldn’t control the fact that the weather made the road slippery, but you were travelling 40 mph. You weren’t breaking the law or exceeding the speed limit, but you were travelling too fast for road conditions. The insurance company will probably find you at fault. You should have considered the fact the roads were slippery and reduced your speed.

If the roads were so bad that both drivers couldn’t bring their vehicles to a stop, fault may be split between the drivers. But, the insurance company will still find fault.

You can avoid causing a Memphis winter weather accident by preparing for bad road conditions ahead of time. Read our article, “Will Memphis Get Snow This Year? Be Prepared for Winter Driving”, for valuable winter driving tips.

If you are injured in a Memphis car accident, our free book, Every Step You Take Matters After a Tennessee Auto Accident: Tips for Injury Victims, can help you protect your injury claim. Request a copy by filling out the form in the sidebar.

I’ve heard that some used cars have missing airbags and other damage that could make a vehicle unsafe in the event of a Tennessee auto accident. How can I tell that a used car is unsafe?

A used car can be a great deal, but there are also plenty of dangerous used cars for sale. How do you end up with a car that is safe and reliable at a fair price instead of a vehicle that is potentially dangerous? Our Memphis accident attorneys suggest that you have a mechanic check out the car that you’re hoping to buy. But, before you spend your money on a mechanic, here are three signs that a used car is not a good deal.

The seller doesn’t have repair records. If the person selling the vehicle doesn’t have repair records, you should assume that the car has either not had regular service or was not owned by the seller.
There are obvious signs of neglect. A person whose car has dings, dents, carpet stains and musty odors probably cares as little about the mechanical condition of the vehicle as he does about the exterior.
The car is a high performance car. People who buy performance vehicles are interested in what they can do. These vehicles are driven hard which means extra stress on the engine and suspension.
When you take the car to your mechanic, he should:

Check the oil and transmission fluid. Checking the oil is a good way to see if a car has been well-maintained. Old oil is black and feels gritty. Transmission fluid that needs changing is dark brown color and has a burnt odor.
Check the coolant. Your mechanic should check the coolant for debris that may indicate a lack of maintenance.
Check for accident damage. A car that has been in an accident should have a reduced price. If there are signs of a prior accident, your mechanic should check that the vehicle is safe and that the airbags are in good condition.
Our Memphis accident lawyers at Bailey & Greer help those injured in Tennessee traffic accidents. To discuss your Tennessee accident claim, contact Bailey & Greer at 888-470-9143. The initial consultation is free.

Have questions after a Tennessee car crash? Order a free copy of our book, Learn How to Deal with the Aftermath of a Tennessee Auto Accident with These Tennessee Accident: Tips for Injury Victims.

I was injured in a Memphis car wreck. It wasn’t a bad accident, but I suffered a brain injury when my seat belt came undone and I hit my head. Who is responsible for seat belt failure injuries?

A two inch piece of webbing can make a life or death difference in a Tennessee car crash, but that’s what a seat belt does. According to the National Highway Transportation Safety Administration (NHTSA), seat belts prevent 13,000 deaths and countless injuries each year. An additional 7,000 lives might be saved if everyone buckled up. Sixty-three percent of people killed in accidents are not wearing seat belts. When your seat belt doesn’t work, you not only risk serious injury, you also risk your life.

The NHTSA sets Federal Motor Vehicle Safety Standards and Regulations for the manufacture and installation of seat belts in cars sold in the United States. While seat belts must meet these strict safety standards, they are mechanical devices. And, like any mechanical device, seat belts can malfunction. They may have defective parts or be improperly installed.

Causes of seat belt failure:

Defective seat belt design
Seat belt does not meet federal safety standards
Seat belt doesn’t tighten correctly
Seat belt stays slack during collisions
Seat belt is made of substandard materials
False latching
Seat belt becomes unlatched because of the force of the accident
In 2012, Subaru recalled 320,000 Foresters because the rear seat belts might not lock with certain child restraints. Around the same time, Hyundai recalled 14,700 vehicles because seat belts did not meet federal safety standards. And, in August 2010, several models of GMC vehicles were recalled because the seat belt didn’t always latch properly.

When a seat belt malfunctions during a Memphis auto accident, the person depending on its protection is put at risk of serious or even fatal injury. Not only is the person likely to hit the steering wheel or dashboard, but he or she may be ejected from the vehicle.

If a defective seat belt contributed to your Tennessee car accident injury, you may be able to hold the car manufacturer responsible. Our Memphis car accident attorneys can help you file a defective consumer product claim against the manufacturer of your car. For more information, contact Bailey & Greer at 888-470-9143.

For more information about Tennessee accident injury claims, request a free copy of our book, Every Step Matters After a Tennessee Auto Accident.

My friend received a phone call from a law firm a few days after being in a wreck in Memphis, Tennessee. Is this proper?

Most states, including Tennessee, prohibit lawyers from directly contacting people who have been injured in a wreck when the contact is motivated by financial gain. There are exceptions, however, such as when the person contacted:

Is a lawyer;
Has a family, close personal, or prior professional relationship with the lawyer; or
Has initiated a contact with the lawyer
Employees and agents of attorneys are also prohibited from making such contact with the prospective client. Despite the clear prohibition, there are many law firms that push the boundaries of this rule and even blatantly violate the rule

Other forms of solicitation are limited as well:

There is a 30 day waiting period for mailing information concerning a personal injury, workers’ compensation, or wrongful death case
Mailings must contain the words “Advertising Material.”
Mailed contracts must state “SAMPLE” and “DO NOT SIGN”
Written communications should not be in the form of pleadings or formal legal documents
Information can only be sent by regular mail, not certified, express delivery or by courier.
What you should do if you are improperly contacted by a lawyer or law firm

First and foremost, don’t talk to or hire the lawyer who improperly calls or solicits your case. Any attorney who solicits clients in an unethical manner is probably not the type of lawyer you want handling a serious and life changing case. Competent and skilled attorneys do not need to solicit clients through unethical means.

Second, report the lawyer to your state’s Board of Professional Responsibility. In Tennessee, complaints can be made by visiting www.tbpr.org or calling (615) 361-7500.

In Tennessee can a spouse recover compensation when your husband or wife is seriously injured or killed in an accident caused by another’s negligence?

Yes. Any Tennessee personal injury accident can leave you and your loved ones in serious physical and emotional pain. This is particularly true when the injuries are caused by the negligence or intentional conduct of another person. This healing process can take months if not years to recover. During this time, however, your financial responsibilities will not stop for healing. You will continue to have monthly bills, need to afford gas, food, and other essential needs.

But these burdens are not just overwhelming for the injured person, but also the entire family. The assistance the injured victim performed around the house is lessened or totally stopped during the recovery process. This may force other household members to make sacrifices to help care for you and complete extra household chores. In addition, this may require outside assistance such as hiring other help to perform tasks.

This is why most states, including Tennessee, permit a spouse to recover damages in a separate claim called “loss of consortium.” In fact, it is so important that the Tennessee legislature codified loss of consortium in Tennessee Code 25-1-106 in 1969 which reads “There shall exist in causes where such damages are proved by a spouse, a right to recover for loss of consortium.”

Loss of consortium is a legal cause of action which would allow a husband or wife to recover damages that are sustained by his or her husband or wife in any time of Tennessee personal injury accident that caused injuries or death. Because this is a separate cause of action, the injured spouse would bring his or her personal injury claim against the defendant and the other spouse would have a separate loss of consortium claim on the same summons and complaint.

While traditionally throughout the United States loss of consortium damages focused on loss of sexual relations, the doctrine has evolved to include more conjugal duties such as the following:

Companionship
Affection
Emotional support
Love
Society
Services such as caring for children
Comfort

Services such as taking care of household chores; and Assistance if the spouse relied on the injured spouse for care (i.e., the injured spouse took care of an ill or blind spouse).

While some personal injury damages are quantifiable, such as medical bills, most personal injuries like pain and suffering are not. Similarly, loss of consortium injuries is also not quantifiable; there is no precise monetary loss or cash value. Hence, pain and suffering and loss of consortium injuries are considered to be “non-economic” in nature. When there are non-economic damages in a case, the decision regarding how much that amount will be is left up for a judge or a jury to decide.

Here at Bailey and Greer, PLLC our Tennessee personal injury attorneys understand how to effectively pursue your claims. Our legal team has a proven track record of compassionately representing our clients injured in car accidents which is included in our testimonials page. Please contact us today to receive your free case evaluation by dialing locally to 901-352-5233 or toll-free to 888-470-9143. Remember, you only have one year from the date of the accident to commence your action to recover compensation.

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I was recently injured by a drunk driver who just left a local bar in Memphis, Tennessee. Can I recover from the bar or restaurant that served alcohol to a visibly intoxicated customer?

No one wins in a Tennessee drunk driving accident. Unfortunately in most instances, there are very few people who are in a position to prevent an accident from occurring other than the negligent—and criminal—drunk driver. The effect on a victim and his or her family can be devastating and overwhelming. Often times the drunk driver does not have assets or even car insurance to cover the damages.

Sometimes victims and families are frustrated or even enraged at bars or other establishments that serve these drunk drivers—and rightfully so. Under common law principles, a bar or restaurant selling alcohol to a visibly impaired customer is not liable for injuries that the patron causes to others.

However, to some degree the Tennessee legislature addressed this problem and in some circumstances a bar, pub, restaurant, or other establishment may be liable for serving alcohol to a visibly intoxicated patron. Liability stems from the popular Dram Shop Law which has reached near universal acceptance throughout the United States. This permits an injured victim or his or her family to seek compensation directly for the establishment that provided the alcohol.

Tennessee’s Dram Shop Law, found at Tennessee Code Section 57-10-102, governs the standard of proof in alcohol-related injuries involving Dram Shop law. This section provides that no damages or compensation for personal injuries caused by the sale of any alcoholic beverage may be awarded unless a jury finds “beyond a reasonable doubt that the sale by such person of the alcohol beverage or beer was the proximate cause of the personal injury or death sustained.” Further, the legislature required one of the two following exceptions to apply:

(1) Sold the alcoholic beverage or beer to a person known to be under the age of twenty-one (21) years and such person caused the personal injury or death as the direct result of the consumption of the alcoholic beverage or beer so sold; or

(2) Sold the alcoholic beverage or beer to a visibly intoxicated person and such person caused the personal injury or death as the direct result of the consumption of the alcoholic beverage or beer so sold.

Therefore, to be successful in a Tennessee car accident case against a bar or other establishment, the plaintiff must prove that the sale of that alcohol was the proximate cause of his or her injury or the victim’s death. To be the proximate cause of an injury, the bar or other establishment’s sale must have been a “substantial factor” in causing the harm. This determination is a heavily fact-dependant one and requires an experienced Tennessee car accident attorney to review the law and the circumstances to acquire the compensation you deserve.

What Are Some Commonly Asked Questions About Tennessee Automobile Accidents?

When you have been involved in an automobile accident, it can be extremely frightening. Moreover, it can also lead to a serious amount of confusion as to what your options are in light of the property and/or personal injuries you sustained. As such, our seasoned personal injury attorneys have put together the following frequently asked questions to help you should you be considering to file a lawsuit against the person/entity that hit you:

Q. What is an automobile accident attorney?

An automobile accident attorney is familiar with the system that governs individuals who have been involved in an automobile accident. This can be an attorney familiar with defending against a lawsuit or an attorney seeking compensation for his or her client for the damages that resulted from the automobile accident.

Q. What damages can I recover following an automobile accident?

If you are in an automobile accident, you may suffer injuries to your vehicle or your body. These types of injuries are addressed through the Tennessee legal system.

Q. What should I do after I have been in an automobile accident?

While you are waiting for the police, and other emergency personnel, to arrive, there are a few different things you should do. Stay at the scene. Get the other driver’s name, insurance information, and vehicle information. Get the names, addresses, phone numbers, and email addresses of any witnesses. In speaking with these individuals, never admit you were at fault for the accident.

Q. Why should I never admit the accident was my fault?

You may not have all the information you need. Several factors of the accident may be unknown to you. If you admit fault, you will immediately place a hurdle in front of your attorney should you choose to pursue compensation for any injuries you received as a result of the accident.

Q. Is there anything else I should do at the scene of the accident?

Take notes and pictures. Gather all of the evidence you possibly can. However, bear in mind this: If your case goes to court one day, you may have to share all the information you gather. So be careful you do not write anything you would regret, or that could be damaging to your case.

Q. What should I do if I do not feel hurt after an automobile accident?

Even if you do not feel hurt, you should go to the hospital. Many injuries will not show up right away. You may wake up the next morning in excruciating pain. Visit the hospital and contact an experienced automobile accident attorney right away.

Q. If I am hurt in an automobile accident, how much compensation can I receive?

It depends. There are many variables involved in determining one’s compensation following an automobile accident. You may be entitled to recover your medical expenses and lost wages for any work you missed as a result of your injuries. There are other types of compensation you may be entitled to. Your attorney can discuss all forms of compensation you may be entitled to.

Q. How soon after the accident should I contact an attorney?

As soon as possible. You have a limited time to file a claim. That window of opportunity may be very small, depending on who you are making your claim against. Additionally, the evidence involved in automobile accidents typically fades quickly because emergency personnel clean up the accident scene. Mother nature also has an impact on how long evidence remains available. You should contact an attorney the day of the accident, if possible.

Q. What should I do if someone else’s insurance company contacts me?

You should never talk to anyone from another insurance company about the accident or how it happened. Remember never admit fault – even if you think it was your fault. You may need to give certain information, such as an amount of damage to your vehicle; but your attorney can help you navigate which information you should give out – and which information you should not.

The highly skilled personal injury attorneys at Bailey & Greer, PLLC represent people with all types of accidents claims located throughout the states of Tennessee and Mississippi. Please contact us today to receive your free case evaluation by dialing locally to 901-352-5233 or toll-free to 888-470-9143.

What Should I Do After a Serious Car Accident in Tennessee?

There are many times in life where it pays to be prepared. Although it is not always possible to know what to do after a serious auto accident, if you have not experienced this traumatic event, it is a good idea to think about what you would do while hoping to avoid the situation entirely.

An auto accident may occur anywhere. Some locations lend themselves to an easier solution about where to go with your vehicle if you can move it. Being hit on a quiet roadway or in a parking lot likely means that you can leave your car where it is, but an accident on a busy highway may require you to move the car, if possible, to a safer location. This is one of many considerations. Your first priority must be to get you and any passengers to safety and contact the police to get them to the scene as soon as possible. Prioritize getting necessary medical treatment for you and anyone under your care.

If I am not injured, what should I do?

You should focus on gathering information from the scene of the accident. Use your smart phone or some other camera to take pictures of the accident location in order to aid in a later reconstruction. While it is still fresh in your mind, write down notes about the accident, including the weather conditions, any road debris, and details about the other vehicle and the driver. It is especially important to note whether there was any indication that the driver was texting or was otherwise distracted. You may think that these details will remain with you, but they disappear quickly once the excitement of the moment wears off. Make note of any witnesses and get as much contact information as possible. Although the law enforcement investigator also will record this type of data, it is good to have an independent source of information.

If my car cannot be driver, should I have it towed?

Yes, presuming that you are able to make these arrangements. You should call your insurance agent while at the scene, if possible. Your agent may take over the details of getting your car to the right auto repair shop. Involving your insurance company at the outset will facilitate the adjuster and repair process. If the accident scene is in a place where the police are responsible for towing the vehicle, you may have to arrange to have the vehicle towed from a contract lot to an auto repair shop. You should do this as soon as possible because you will be charged storage for every day that your vehicle remains in this type of lot. Also, you will not be able to access your car to remove paperwork or any personal items while it is in this type of storage facility.

If my car can be driven, what should I do?

If your car made it through the accident in a drivable state, you should drive straight to an auto repair shop. Although an adjuster still will have to inspect the vehicle, you will be able to get an estimate of repairs that can be used if you choose to negotiate directly the insurance company. You should not drive the vehicle any more than necessary because the insurance company may claim that you made the damage worse and try to avoid paying for some of the repairs or refuse to replace the vehicle.

These suggestions only should be followed if it is safe for you to do so and taking these actions will not jeopardize your safety or health in any way.

Getting into an auto accident is one of the most traumatic events in a person’s life. It is important to have the right attorney who knows how to put together an effective case, such as the compassionate and skilled personal injury attorneys at the Tennessee auto accident attorneys at Bailey & Greer. We dedicate ourselves to getting the justice that our clients deserve. To schedule an appointment in which we can review your case and develop a plan to compensate you for your injuries, please call us at 888-470-9143.

What Do I Do If I Have Been Injured in an Aggressive Driving Accident in Tennesee?

The first thing to do is make sure that you and your passengers are safe. If this means staying in the car and calling the police without talking to the other driver, then that is what you should do. A person who was angry enough to cause a serious car accident likely will not be in a more rational frame of mind after causing an accident and probably damaging his vehicle.

There are some things to do to ensure that your rights are protected. Here are some questions that may apply in this kind of accident:

What should I do at the scene of the accident?

If you have been in an accident with an aggressive driver, you need to gather as much information as possible without engaging the other driver in any type of argument about the accident. Remember, this is the individual who caused an accident because he could not control his temper. If you are physically able to do so, and the situation is not so volatile as to make this dangerous, you should exchange information with the other driver, including insurance details. Also, you need to get you information about the accident site, whether that is through recording the scene with a phone camera or simply writing down details of the crash. Finding any witnesses and getting their information also is important. You are going to need people to testify about the aggressive driver if this matter goes to trial.

Do I need to report the accident to my insurance company?

Yes, you do. Even though the accident was caused by the aggressive driving of another person, and might have even been the intended result of the other driver, you still need to notify your insurance company about the accident. All you need to do is report that the accident happened and the basic facts. Retaining an experienced car accident attorney at the very beginning of the process will provide you with an expert who can help you through every step of the process.

Do I need to talk with the other driver’s insurance company?

You do not have any obligation to speak with the other driver’s insurance company and it is in your best interest to not speak with them. The other insurance company is looking for a reason to minimize any payment in compensation for the harm that you suffered and any statements that you make can be used for this purpose. The insurance company also may be seeking a reason to deny coverage to the other driver. It is important that any communication is carefully considered. The best way for this to happen is to have an experienced accident attorney on your side from the very beginning.

Aggressive driving is on the rise throughout the country. The dangerous actions of another driver may have led to the serious harm that you suffered. Although you may be dealing with the traumatic results of this accident, it is important to contact knowledgeable personal injury attorneys to ensure that you receive all the compensation to which you are entitled. The skilled Memphis auto accident attorneys at Bailey & Greer, PLLC know how to preserve your rights while you recover from your injuries. We will handle all communications and work with you to develop goals and strategies to meet all of your needs. Our expert witnesses understand the medical, emotional, and financial trauma that you have experienced and can portray that to the jury to maximize your recovery. To discuss all of this and get the answers to your questions, please contact us at (888) 470-9143 to schedule a free and confidential consultation.

What Are Some Frequently Asked Questions Accident Victims Have After a Serious Tennessee Car Accident?

After a serious car accident, the first thing to worry about is to get proper medical care for yourself and any passengers. Although there is evidence that can be gathered at the scene of an accident, it is not worth doing this to the detriment of your health. Once you have had emergency care, there may be some questions that you need answered before you decide how to proceed, here are a few answers to some of the more common questions after a serious car accident:

I have spoken with my insurance company and they said that I can handle this matter on my own, without the assistance of counsel – is this a good idea?

The short answer is no and this is not just because we are a law firm that handles this type of case. Insurance adjusters have one goal, which is to minimize the amount of money that you receive. No matter how nice the insurance representative may be, the fact is that he works for the insurance company and is not going to work with you to enforce your legal rights. By hiring an experienced attorney who has the experience and willingness to take a case to trial, you also gain some leverage with the insurance company because a personal injury attorney is going to know how to properly value your damages and support that assessment with evidence. The insurance company is aware of the fact that the only way your case is going to trial is with the assistance of an attorney.

What are my responsibilities if I retain Bailey & Greer as my attorneys?

It is important to know that we will manage the details of your case so that you can focus your energies on recovery and taking care of your family, but you will have an important role in this case. We will work with you to develop the right legal strategy for you and then will let you know how you can help gather the necessary evidence to support your case. This includes an open dialogue with us so that we know about any changes in your physical condition or different types of treatment that are being tried. It is important that you collect any and all documents that relate to the case so that we can use this to support the damages to which you are entitled as a result of this accident. It may be a good idea to provide a recorded statement to the insurance company, depending on our legal decisions, and you will need to sit for a deposition, but we will prepare you for all of this. You also may need to undergo a physical examination with other doctors. If we do not settle the case, then you would have to attend the trial.

What if I did something to cause the car accident?

You may still be able to recover for your injuries. Tennessee follows the modified comparative fault – 50% rule, which means that you can recover an apportioned amount of damages if you were up to forty-nine percent (49%) responsible for the accident. For example, if the judge or jury determines that you were forty percent (40%) responsible for the accident and your damages were $100,000, then you would receive $60,000 (because the other driver was 60% at fault). However, if you are found to be 50% or more responsible for the accident, then you would not receive any damages award.

These are just a few of the many questions that you may have as the victim of a serious car accident. The experienced Memphis car accident attorneys at Bailey & Greer, PLLC can answer all of your questions in a free and confidential consultation where we will evaluate your case and develop a legal strategy that works for you. To schedule an appointment, please call us at (888) 470-9143. At Bailey & Greer, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.

Why Should I See a Doctor After My Tennessee Automobile Accident if I Feel Fine?

One question that is commonly asked by people who have been involved in automobile accidents is whether they should bother with seeing a doctor after their accident if they do not feel any pain. Regardless of whether you are in pain or not, it is essential that you see a doctor as soon as possible after you are involved in an accident.

There are several reasons why it is important to be checked out by a doctor right after your accident. One reason is that your health could be at risk. Some of the injuries that are commonly associated with car accidents, including some types of serious injuries, may not be noticeable right away. Doctors have training and experience in detecting and treating injuries, and they know how to examine accident victims and assess their condition. If you are not injured, the doctor will likely instruct you to contact them if you experience any signs of injury later on. If you are injured, the doctor will begin the process of treating your injury and help you get started along the road to recovery.

Another reason why you should see a doctor as soon as possible after you are involved in an accident is that it could cost you money later on if you do not. When insurance adjusters assess the value of a claim for injuries and damages that resulted from a car accident, they consider many variables. One of these variables is whether the injured party was seen by a doctor within seventy two hours of the accident. If you wait longer than that, it is referred to as a “delay in treatment”, and it could drastically reduce the amount that the at-fault driver’s insurer is willing to pay on your claim.

Since there may be situations in which your regular primary care physician is not able to see you within seventy two hours, you can ask to be seen by someone else in their practice, go to an urgent care facility, or even get an appointment with a chiropractor. Because of the aforementioned insurance company calculation, being seen by a doctor within the seventy two hour time frame is more important than being able to see one specific doctor that you are accustomed to seeing. Do not forego a visit to the doctor because you do not have health insurance. Let the people at the doctor’s office know that you are not insured, and ask them what your payment options are. They may be able to find a way to help you with the cost of the visit.

Automobile accidents can cause serious injuries, some of which can take a long time to heal. If you have been injured in an automobile accident, see a doctor as soon as you can. Not only does your health depend on it, your potential for recovering financially from the injuries and damages caused by the accident depends on it. The skilled automobile accident attorneys at Bailey & Greer, PLLC can evaluate your automobile accident case and answer all of your questions. We will sit down with you to determine the best course of action. We believe that the victims of automobile accidents deserve to be fully compensated for all of the injuries and damages that they have sustained. Call our office today, at 1 (888) 470-9143 to schedule an initial consultation about your Tennessee automobile accident case. At Bailey & Greer, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.

If I Hire a Personal Injury Attorney, Will I Have to Go to Court?

If you have been involved in an automobile accident, you are probably wondering whether or not you should seek the assistance of an attorney. One of the things that may factor into this decision is how you think the retention of an attorney will affect your case. Specifically, you may be wondering whether hiring a Tennessee automobile accident attorney will result in a situation where you must appear in court.

Fortunately, the act of retaining an attorney to help you with your automobile accident case does not automatically require you to go to court. In fact, you are able to decide whether or not your case is litigated. Approximately 95 % of personal injury cases are successfully resolved through settlement in advance of a trial. When an insurance company presents you with a settlement offer, your attorney can help you to determine whether or not that offer will adequately compensate you for your injuries.

Attorneys who are skilled at handling automobile accident cases are able to examine the facts of a case and help each accident victim understand what the value of their claim is. Understanding how much your claim is worth is an essential part of evaluating the settlement offers which the insurance company proposes to you. While your attorney will help you to understand the value of your claim, you get to choose whether or not you accept any particular settlement offer. If you do not believe that the initial offer proposed by the insurance company is fair, your attorney can communicate that to the insurance company so that they can propose a better offer. If a reasonable offer is proposed, you may choose to accept it and avoid the expense and experience of a trial.

Sometimes, insurance companies simply refuse to play fair. At other times, multiple parties may be involved in an accident or there may be a very complicated set of facts. Either way, if the settlement offers that the insurance company or insurance companies are proposing do not seem like they would adequately compensate you for your injuries, you may choose to take your case to court. When deciding whether or not to litigate your automobile accident case, it is important to consider the costs and time that are associated with bringing a case to trial. The cost of litigation includes not only attorney’s fees, but court costs as well. Attorney’s fees are usually calculated as a percentage of your recovery, while fees are usually a specific dollar amount. Time is also a factor. While obtaining recovery through settlement may take months, litigating a case can take a year or more.

If you are concerned about whether your automobile accident case will go to trial if you hire an attorney, you can relax. You are in control of how your case proceeds, even when you retain a lawyer to help you. If you have been injured in an automobile accident, seeking assistance from a skilled attorney can help you obtain the recovery that you deserve. The experienced Tennessee automobile accident attorneys at Bailey & Greer, PLLC will look at the facts of your case and help you determine its value. We will also assist you in evaluating settlement offers and explore your options for resolving your case. If you decide to litigate your case, you will be able to do so with the aid of caring and compassionate counsel. To learn more, call us at (888) 470-9143 to schedule a time to discuss your case. At Bailey & Greer, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.

How Will My Tennessee Automobile Accident Affect My Insurance Rates?

One common question that automobile accident clients ask is whether their car insurance rate is going to increase because they have been involved in an accident. In fact, concern over the effect of accidents on insurance rates is so widespread that some drivers actually think about whether or not to report minor accidents to their insurers. It is true that some car accidents do cause automobile insurance rates to go up. However, there are multiple variables involved in answering the question of how a specific accident is likely to affect an individual’s insurance rate.

One variable is that every insurer calculates its rates in a slightly different way. When you submit a claim, your insurer will consider the circumstances of the current accident in conjunction with a few other things as they decide whether to raise your insurance rate. The number of claims that you have made in the past, the determination of fault for the current accident, your driving record, and the amounts of any payouts that you have received from them are factors which are commonly involved in an insurance company’s decision.

A factor that will weigh heavily on whether or not your most recent automobile accident will increase your insurance premium is whether you were violating any traffic laws at the time of the accident. Certain violations like speeding, running a red lights or stop sign, and driving while intoxicated are frequently implicated in serious car accidents. These accidents cost insurers a great deal of money because they often result in serious injury, large amounts of property damage, and sometimes even death. When an accident occurs where a driver has violated the law, the insurer is likely to increase their rate substantially and may even cancel their insurance policy.

Another thing that affects whether an accident affects a driver’s insurance rate is whether they are enrolled in an accident forgiveness program. These programs vary among insurers, so be sure to read the fine print before you enroll in one. The basic principle behind accident forgiveness programs is to give enrolled drivers a “free pass” for their first at-fault accident by agreeing not to raise their insurance rate until their second at-fault accident. Availability of accident forgiveness programs is subject to state law, and eligibility is decided according to criteria set forth by insurers.

If you have been involved in an automobile accident, do not let your concern over car insurance rates prevent you from seeking prompt medical attention. This holds true regardless of whether or not you believe that you are injured, because injuries are not always readily apparent. Visiting a doctor right away creates a record of your injuries, which will help you to obtain compensation for any damages that you end up suffering as a result of your car accident.

The skilled Tennessee auto accident attorneys at Bailey & Greer, PLLC would like to know more about your recent automobile accident. We will evaluate your automobile accident case and answer any questions that you may have. We will also sit down with you to help you determine which course of action to pursue. We believe that the victims of automobile accidents deserve to be fully compensated for all of the injuries and damages that they have sustained, and we will help you to pursue the recovery that you deserve. Call our office today, at 1 (888) 470-9143 to schedule an initial consultation about your Tennessee automobile accident case. At Bailey & Greer, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.

Can I Recover Financially For My Pet’s Injuries?

For some people, a ride in the car is much more enjoyable when their pet comes along for the ride. Americans love their animals, and many Americans let their pets ride in the car with them much more frequently than the occasional trip to the vet. Some pets, such as cats, do not care much for car travel. Other pets beg us to take them with us when we get into the car. If your pets accompany you in your vehicle on a regular basis, you have probably wondered whether their injuries would be covered by insurance if they were to be injured in an accident while they were riding with you.

If your pet is injured in an accident, it is possible that you might be able to recover financially for his or her injuries. There are a few ways in which you could pursue financial recovery for your pet’s injuries. One way to recover for a pet’s injuries from a car accident is through the other party’s insurance, if the other party was at fault in the accident. The injury to your pet would be pursued as a property damage claim. While you may feel strongly that animals are not property, the insurance companies which write the policies that govern claims have written the policies in that way. It is possible to privately disagree with the notion that animals are property as you pursue a claim for damages from the defendant’s insurer so that you can pay for the care that your pet needs.

Another way to recover money for your pet’s injuries is from your insurer. Some automobile insurance policies cover injuries to pets, but many do not. If you do not know whether your insurance policy covers your pet, ask your insurer right away. If discover that your pet is not covered, find yourself an insurer who will cover them. Many people do not even look into pet coverage because they assume that it is expensive, but many insurers are willing to provide insurance for pets under a collision policy for a very reasonable price. It may take a bit of research and a few phone calls for you to find one, but if your pet is injured in an automobile accident, you will be glad that you took the time to resolve that issue before your accident.

The third way that you could recover financially for your pet’s automobile accident injuries is if you have pet insurance. If you do have pet insurance, it is best not to assume that it will cover your pet’s injuries in a car accident, because pet insurance policies vary greatly in what they will and will not cover. Some policies cover both injuries and illnesses, while others only cover illnesses. Of the policies that cover injuries, some policies include injuries sustained in car accidents while others specifically exclude them. If you have pet insurance, make sure that you fully understand what your policy covers. If you are purchasing pet insurance, make sure that you select a policy that will give you the coverage that you want.

If your pet has been injured in an automobile accident, you could benefit from the assistance of a knowledgeable Tennessee Automobile Accident Attorney. The Memphis accident attorneys at Bailey & Greer, PLLC may be able to help you. To learn more, call us at (888) 470-9143 to schedule a time to discuss your case with us. At Bailey & Greer, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.

What Will Happen to My Car After An Accident?

When you are involved in a car accident, it is possible that you may be injured. In addition to dealing with whatever injuries you received in the accident, you will also be dealing with the damage that your vehicle sustained in the crash. After an accident, it is only natural to wonder what will become of your car and when you will be back on the road.

In thinking about your vehicle after an accident, the biggest question that you are likely to have is whether your vehicle will be repaired or replaced, or whether the insurance company will instead choose to reimburse you for it with cash. You may have strong feelings about what you desire the outcome to be, but the decision will be made by the insurance company, based upon what option will be the most cost effective for them.

Sometimes, it would cost the insurance company more to fix your vehicle than it would to reimburse you for the amount that your vehicle could have sold for on the date of the accident (its fair market value). When this happens, the insurance company is likely to tell you that it is “totaled”. To say that a vehicle has been “totaled” means that it has been rendered a total loss. In other words, if your car has been totaled, it is economically impracticable for the insurance company to pay to repair your car, so they will instead offer to replace it or reimburse you for it.

Since the determination of whether it is feasible to repair your car involves the estimated cost of repair and the fair market value of the car, it is important that you understand what fair market value means. The fair market value of a vehicle is what a buyer would expect to pay for a similar vehicle in the geographic area where you live. It accounts for things like the age of the car, its condition, mileage, and features. The insurance company is likely to use the Kelley Blue Book to determine the fair market value, as it is a trusted source for that information. There are also other reliable sources of fair market value, such as the local newspaper or online car buying websites. In cases where there is a dispute over the fair market value of a car, a valuation expert may be asked to weigh in on that topic.

If the insurance company decides that it will pay for the repairs to your car, you get to decide where the car will be repaired. The only requirement is that the repair shop be licensed. This is good news for people who know a mechanic that they trust with all of their automotive needs. It also ensures that you can choose a repair shop which is conveniently located near where you live or work. Besides the cost of repairs, the insurance company will pay prorated sales tax, tag, and registration fees, as well as reasonable storage and towing costs which may be incurred while your vehicle is at a garage and you are awaiting the insurance company’s decision on whether it will be repaired or replaced.

If your car has been damaged in an automobile accident, you could benefit from the assistance of a knowledgeable Memphis Automobile Accident Attorney. The accident attorneys at Bailey & Greer, PLLC may be able to help you. To learn more, call us at (888) 470-9143 to schedule a time to discuss your case with us. At Bailey & Greer, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.

What is Maximum Medical Improvement?

If you have been injured in a car accident, you are probably in the process of recovering from your injuries. Immediately after your accident when you were seen by a doctor, your doctor may have assessed your injuries, made a plan for how they would be treated, and informed you about what you could expect throughout your recovery, including how long it would take. If you are not expected to make a full recovery all of your injuries, it is important that you become familiar with the concept of maximum medical improvement, or MMI.

While some automobile accident victims are fortunate enough to recover fully from the injuries that they sustained in their accidents, others are, unfortunately, not so lucky. Eventually, a person who will not be able to recover fully from their injuries reaches a point in their treatment where their doctors feel as though they will not make any further improvement. This point is referred to as maximum medical improvement, or “MMI”.

When an injured person reached MMI, they are not always finished with treatment. Ongoing care may be necessary in order to maintain the progress that they have made. For example, a person whose back was injured in a car accident may have lingering back pain, even after surgery relieves the severe pain and restricted movement that the person experienced immediately after the accident. If the person’s doctor knows that an additional surgery would not resolve the lingering pain, they may declare her to have achieved maximum medical improvement and create a plan for her to manage the ongoing pain through stretching exercises and medication.

If you are injured and you are not expected to make a complete recovery, it is important that you continue your treatment until you reach MMI and that you engage in any ongoing treatment which is required to maintain the state of health that you have been able to achieve. One of the reasons that you want to make sure that you reach MMI is, of course, that you want to be as healthy as you possibly can. The other reason to follow your treatment plan carefully and reach MMI is so that your attorney can accurately calculate the future damages that you will suffer as the result of the permanent nature of your injuries. The costs of lost wages, ongoing treatment, and pain and suffering can really add up, if you calculate them out over your expected life span, and settling your case before you achieve MMI may cause you to recover less than you should, based upon what your injuries are likely to cost you in the future.

It can be frustrating to wait until you are at MMI before thinking about settling your Tennessee Automobile Accident Case, especially with the insurance company calling you and bugging you about it all the time. A Memphis Auto Accident Attorney can take over the task of communicating with the insurance company and help you to pursue an appropriate award of damages once you have recovered as much as your doctor thinks that you will. The skilled Tennessee Automobile Accident Attorneys at Bailey & Greer, PLLC offer top quality legal assistance to automobile accident victims and their families. To learn more about how we can help you, please call us at (888) 470-9143 to schedule a time to discuss your case. At Bailey & Greer, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.

What is an APGAR score?

An Apgar score is given to a newborn born baby immediately after birth. The test is designed to give the doctors and nurses information about a baby’s physical condition at birth and to determine whether immediate medical intervention is required. Apgar stands for: Activity, Pulse, Grimace (reflex irritability), Appearance (skin color), and Respiration (breathing rate and effort). Each category evaluated is given a score between 0 and 2 and Apgar scores are generally taken at 1 minute, 5 minutes, and sometimes 10 minutes after birth.

Although few babies score a perfect 10, a baby born with a low Apgar (below 7), especially at 5 to 10 minutes after birth, could mean that the baby suffered a brain injury from lack of oxygen due to medical malpractice. Low Apgar scores are commonly associated with cerebral palsy. If you have a baby with a low Apgar score, your doctor has an obligation to explain to you why the score is low and what you can expect in the future.

As Memphis, Tennessee medical malpractice attorneys, we have the knowledge and experience to investigate your case, answer your questions, and pursue your birth injury lawsuit. Call us toll free at 888-470-9143.

My baby is not reaching developmental milestones, should I be worried?

Babies and children develop at different rates. Some kids are walking at 10 months while others may not walk until 13 months. This is perfectly normal. However, there are clear windows of time in which children should be meeting certain developmental milestones, such as sitting-up, crawling, walking, and talking. If your child is not meeting developmental milestones it is a good idea to consult a physician. The failure to meet developmental milestones could be a sign that your child suffered a brain injury at birth and is suffering from cerebral palsy.

The following timeframes will give you a good idea of the “window” in which a child will typically reach important developmental milestones:

3-6 Months:
Hold her head up on her own
While on his stomach, he will push up on his hands and look around
Roll over from stomach to back when placed on the floor
Sit up, but often with support
Reach and grab objects
Put objects in her mouth
Imitate facial expressions
Make different vowel sounds
6-9 Months:
Better use of hands, such holding a bottle, picking up small objects, and moving objects from one hand to another
Sit up without support
Crawl or get on hands and knees and rock back and forth
Stand up with support
Roll from back to stomach
Cooing sounds turn into babbling
Communicate by using gestures, like reaching for mommy or daddy
9-12 Months:
Use a sippy cup
Eat soft food by hand by using thumb and index finger
Crawl
Pull herself up
Walk, often with assistance
Use finger to point to objects
Speak short words, such as dada
1-2 Years:
Feed himself using hands and later a spoon
Walk and run
Roll and kick a ball
Better motor skills, such as stacking cups or blocks
Speak words (by age two at least 50 words)
Contact Us

The only way to determine if your child suffered injuries as a result of medical malpractice is to contact an experienced Tennessee birth injury and medical malpractice attorney. We offer free and confidential case evaluations. Call us today at 1-888-470-9143.

Bailey & Greer represents people with birth injury claims in Tennessee and Mississippi, including Memphis, Germantown, Bartlett, Cordova, Collierville, Arlington, Lakeland, and all of Shelby, Fayette, and Tipton Counties. We have also handled cases in Arkansas, Georgia, and Missouri.

When I delivered my last child in Memphis a few days ago, a vacuum extractor was used. Suddenly, the medical team went into emergency mode and I heard the words, shoulder dystocia. Now I am worried about my baby. Should I be?

While we do not have all the details of your delivery, it certainly sounds like you may have cause for concern. The use of a vacuum extractor at delivery usually means that your baby is not moving through the birth canal as quickly as it should. You do not say if your baby was in any kind of distress during the birth, but this is another reason why this equipment is used.

For the most part, vacuum extraction is used today in place of the forceps and to avoid an emergency cesarean section. We wonder if a vacuum was used unnecessarily when simply changing your position may have solved the problem. Did your labor team try helping you to do this first?

One risk of vacuum extraction delivery is the possibility of shoulder dystocia when it is used. Apparently this happened in your case. While dystocia, properly handled, can have no lasting results, it can also harm your baby. And, unfortunately, sometimes parents are not given enough information about what happened.

You should definitely be sure your pediatrician, not the hospital’s pediatrician, sees the baby very soon for a check-up. While the vast majority of shoulder dystocia deliveries do not result in injury, occasionally they do.

The Memphis birth injury team at Bailey & Greer can answer your questions about this issue. We have a great deal of experience in this issue and a full-time nurse on staff. Call us today toll-free at 888-470-9143 for a free consultation.

My baby has a brachial plexus injury. The Memphis hospital pediatrician dealing with the birth injury said that we have to wait and see if it will heal on its own. Isnt there something we can do at home in the meantime?

There are many ways you can help your baby at home. In fact, as parents, you will probably be the most important factor in helping your child to heal as much as possible in the weeks and months to come.

Here are some suggestions:
If you have a brachial plexus injury clinic near you, get an appointment as soon as you can. If you need a referral, insist that you get one quickly; if not, make the appointment right away. Treatment cannot begin too soon.
Begin physical therapy immediately. If you were given a physical therapist, find out what you can do at home and do it! You can’t live with the therapist, but you can learn from one. You will be given exercises designed to help your child’s stretching and range of motion to be done a certain number of times a day. By following the therapist’s routine religiously, you will do a great deal to maximize your child’s recovery.
As the actual extent of the injury becomes more apparent, you will know more about what your child needs. But one thing that all children need, and especially those who have brachial plexus injuries, is plenty of love and encouragement. If you believe your child can succeed, that is half the battle.

As Memphis birth injury lawyers, we know that you may be feeling upset and angry at what has happened to your child. Let us help you decide if someone was negligent and caused this injury. Call Bailey & Greer today toll-free at 888-470-9143 to see if we can help you.

My husband and I just brought our new baby girl home from the hospital. A nurse pulled us aside as we were leaving and told us to watch Marissas right arm to see if it was moving normally and to talk to our pediatrician if it wasnt. What did she mean?

She was probably referring to a brachial plexus birth injury called Erb’s palsy. You do not mention if your labor and delivery were complicated in any way. A difficult labor, especially one in which the baby’s shoulder gets trapped as she passes through the birth canal, can spell trouble.

When this happens, it is known as shoulder dystocia, and is considered an emergency in the delivery room. Your delivery team should be well trained and experienced in handling this emergency. When they are not, mistakes can happen and your baby can experience damage to her “brachial plexus”, a network of nerves at the base of the neck.

If your delivery was complicated in any way, you should find out just exactly what happened and what was done. Rarely, but it can happen, a hospital will try to avoid lawsuits by holding back information that you need. What is disturbing about your case is that your doctor never talked to you about the potential problem with your daughter’s arm.

While we cannot give you medical advice, we can tell you to consult your pediatrician right away and see if you can get more information from the hospital. If you discover that mistakes were made in your baby’s delivery, we can offer legal advice.

As Middle Tennessee birth injury lawyers, we know the results of birth injuries can sometimes overwhelm you. Give Bailey & Greer a call in Memphis if you would like to discuss your legal options. You can reach us toll free at 888-470-9143, or simply fill out the confidential form on this page for a quick and free case consultation.

I am due to deliver a baby in Tennessee in a month. My doctor says the baby is big. My friend says my baby is at risk for a brachial plexus injury. Should I be worried?

While there is no sure way to predict or prevent a brachial plexus injury, there are some things that can be done to help ensure the safest birth possible for your child. All of these things should be discussed at length with the person who will be delivering your baby.

Know your risk factors for shoulder dystocia, which can lead to a brachial plexus injury. The following are considered possible indicators that such an injury could occur:

The size of the baby does matter. A larger baby increases the risk.
The size of the pelvis also factors in. It is logical that a small pelvis and big baby may result in problems. In addition, an oddly shaped pelvis can contribute.
The mother’s weight is also a factor, especially excessive weight gained during pregnancy.
Gestational diabetes is another risk factor. You should be carefully monitored during pregnancy and right before delivery to manage this.
A prior shoulder dystocia and/or brachial plexus injury with an earlier child are risk factors.
During delivery, a very slow dilation or descent can complicate the birth.
Also during delivery, the use of forceps or a vacuum extractor increases the chances of injury.

Only you and your doctor can make decisions based on your risk factors. Sometimes when the risks are great, a caesarean section is ordered.

If you or someone you know has endured a complicated delivery that resulted in a birth injury, it is always wise to consult a Tennessee birth injury lawyer. Bailey & Greer in Memphis offers compassionate caring legal advice. Call us toll-free today with any questions you may have at 888-470-9143.

Our baby was delivered with the assistance of forceps, which was traumatic and caused damage. We have recently learned that she has cerebral palsy. Has the use of forceps been linked to cerebral palsy?

Yes, it is very possible that your daughter’s cerebral palsy may have been caused by the use of forceps; this and many more birth injuries have been linked to forceps-assisted births. When the forceps damage the cerebrum of the brain, motor functions like movement, processing of sensory information, speech and language can all be affected.

While we do not know the details of your delivery or what your medical reports might say, we do know that, while infrequent, forceps-assisted deliveries do increase the chances of many serious injuries. Cerebral palsy is one of them.

In an online article,the 2004 case of a Wisconsin woman was described. During the course of labor, she was put on oxytocin to induce her labor. Later, when it was determined that her baby was in distress, the physician decided to use forceps, followed by a vacuum extraction.

All of this resulted in skull fractures, a shoulder dystocia and the diagnosis of cerebral palsy. The lawsuit filed by the parents returned a verdict of $23.2 million – but not a penny of it could change the facts or the condition of the child.

If you do suspect that your child was injured at birth, you should definitely explore your legal options. The truth is that you owe it to both your child and yourself to put your doubts to rest.

The Tennessee birth injury specialists at Bailey and Greer in Memphis offer you a free case consultation. Call us toll free today at 888-470-9143 to find out what you are up against.

My child has cerebral palsy from a birth injury. The doctor said that because of the area of the brain that was damaged, she is likely to have seizures. What should I do during a seizure?

Approximately half of all children diagnosed with cerebral palsy suffer from seizures. Seizures can be very stressful for a parent, but knowing what to do to help your child can make them less scary.

You may have heard that you should put a towel or cloth in the child’s mouth to keep them from biting their tongue. This is not true, and may be dangerous. Our Tennessee birth injury lawyers suggest following these instructions from Cerebral Palsy Source.

Stay calm.
You can’t stop the seizure. Your job is to monitor the seizure and make sure your child isn’t hurt.
Don’t try to hold your child still or interfere with the seizure.
Pay attention to the seizure. Your doctor will need to know the following:
Did your child experience any visual changes or unusual feelings, tastes or sounds?
Did anything trigger the seizure?
What time did the seizure start?
How long did it last?
Which body parts were affected?
How did those parts move?
Were there any eye movements?
Did your child lose consciousness?
Was your child confused during or after the seizure?
Were there any injuries?
Did your child experience any headaches, drowsiness or other effects from the seizure?
If your child is sitting or standing when the seizure begins, lay her down on her side. Put a pillow or other soft support under her head.
Move any furniture and sharp objects out of the way.
Loosen any restrictive clothing, especially around the stomach and chest.
Never put anything in your child’s mouth. This can interfere with breathing or even cause a tooth injury.
Watch your child to make sure he or she is breathing. If your child stops breathing, clear his or her airway and perform mouth-to-mouth breathing.
If any of the following conditions occur, call 911:
Breathing difficulties
Color change during the seizure
Seizure lasts more than 10-15 minutes
Repetitive seizures occur with no rest or recovery in between
If your child is suffering from cerebral palsy caused by a birth injury, ask for your free copy of our book, How to Cope With and Survive Tennessee Birth Injuries.To discuss your child’s situation with a Memphis birth injury attorney and learn more about Tennessee cerebral palsy lawsuits, contact Bailey and Greer at 888-470-9143.

My daughter was born in Memphis Tennessee with the umbilical cord wrapped around her neck and she was not breathing properly. She was in intensive care for several weeks. Was this the result of medical malpractice?

Many people mistakenly believe that when the umbilical cord gets wrapped around the baby’s neck in the womb that the cord is cutting off oxygen by choking the baby. This is not correct, as unborn babies do not get oxygen by breathing like you and I. Babies get oxygen through oxygen rich blood that is passed from the placenta, through the umbilical cord, and into the baby’s own blood stream. Any disruption in blood flow in the umbilical cord can cause a decrease in oxygen to the baby. If the decrease in oxygen is prolonged, it may lead to permanent brain damage. This is known as perinatal asphyxia.

FREE BOOK: How to Cope with and Survive Tennessee Birth Injuries

One of the ways that oxygen flow can be affected is when the umbilical cord gets twisted or impinged upon. When this occurs, it does not matter whether the twist or impingement occurs around the baby’s neck, or around the babies arm, leg, foot or other body part. The only thing that matters is that the oxygen flow is being disrupted. Often times, but not always, the signs of cord impingement can be recognized by doctors and nurses who are responsible for reviewing the electronic fetal heart monitor for the baby.

Even if the cord impingement could not be detected, there may have been other signs and symptoms that should have alerted the doctors that a C-section should have been performed sooner.

Loss of variability in the baby’s heart rate
Late heart rate decelerations
Repetitive or severe variable heart rate decelerations
Arrest or stopping of labor
Dysfunctional labor pattern
The only way to determine whether medical malpractice occurred in a specific case is to contact an experienced and successful birth injury attorney who will then conduct a review of your case. The review should almost always involve ordering medical records and consulting with an expert physician.

At Bailey & Greer, we have a registered nurse who helps to prepare our cases. Call us at 1-888-470-9143 for a free and confidential case review.

My child was delivered by emergency C-section at a Memphis, Tennessee hospital and spent two weeks in the ICU with brain trauma and kidney problems. I feel like the doctors and nurses are not telling me everything and that something went wrong during labor. What can I do to get answers about what happened?

Unfortunately when doctors violate basic safety rules and cause injury to their patients, they are rarely upfront and honest about their mistakes. In the case of a child who is injured during labor and delivery, the outcome can be catastrophic for the child and the parents. Finding answers from the OB/GYN or from the labor and delivery nurses can prove to be impossible.

To make matters worse, other doctors who are called to assist in treating the infant are reluctant to tell the parents the whole truth about the child’s injury. Neonatologists and pediatric neurologists do not want to criticize their fellow doctor or the hospital for fear that they will have to testify against a close friend or colleague and that they will lose future business.

Sometimes even when the treating physician is willing to assist the family of a brain damaged child, the tests that are ordered and performed shortly after birth are not conclusive and can even be misleading. For instance, a CT scan may be interpreted as normal because the damage to the brain is not complete and has not yet appeared on the CT image.

The only way to truly determine if the doctor or hospital did something wrong to contribute to your child’s condition is to contact a knowledgeable birth injury law firm. The labor and delivery records, fetal heart monitor strip, and diagnostic studies can help determine if your doctor or hospital was negligent.

For more answers to FAQs download our Free Birth Injury Book or call Bailey & Greer today for a free consultation at 1-888-470-9143. We have a full-time registered nurse ready to assist with your questions and we have the reputation and experience to get to the bottom of your child’s injury.

What Are Some of The Common Questions Your Clients Have Concerning Tennessee Birth Injury Cases?

When a child has been needlessly injured at the hands of negligent medical professionals, it can be simply devastating. Families affected by this tragic set of circumstances are often left with much confusion and uncertainty as to their rights as well as their ability to afford to properly care for the needs of their special child. If this is the situation that you are currently facing, it is important to realize that you may have a number of legal options to consider. The first step in the process however is to speak with a qualified birth injury attorney who can review the facts of your case and determine whether filing a lawsuit is right for you. In the meantime, our seasoned Memphis birth injury attorneys have put together a number of frequently asked questions that can help guide you as you contemplate whether or not you wish to pursue a legal path regarding your child’s case. These are as follows:

Q: What’s the difference between a birth injury and a birth defect?

Oftentimes, birth injuries are caused by something that goes awry during childbirth. On the other hand, birth defects most often involve harm that takes place before birth, which can stem from many different and sometimes unknown causes.

Q: What kinds of birth injuries typically result in legal action?

While the facts of each case may vary, when a doctor fails to respond to impending or present complications during labor, pregnancy and/or delivery, a legal action may be warranted. Another common occurrence that results in legal action is when a baby is injured by a prescription drug the mother takes during the pregnancy, which causes serious and sometimes life-threatening defects.

Q: What are the most common causes of birth injury and trauma?

Unfortunately, there are a variety of medical errors and other factors that can cause birth injuries. For instance, the improper use of vacuum extractors/forceps, the failure to respond when a child begins to experience fetal distress, the lack of or poor management of high-risk pregnancies, and a delay in ordering a C-section can all lead to birth trauma and severe injuries.

Q: After a child is born, what symptoms may indicate a birth injury?

While there are several different signs and symptoms of birth injuries, typically bumps, bruising, the swelling of the head, and/or a low APGAR score indicate that medical complications may be present. Additionally, muscle tremors, seizures, lack of facial expression, a bluish skin color at birth, or abnormal movement over the course of the first several months of an infant’s life may also be telling signs that a child has sustained birth injuries/trauma.

Q: How common are birth injuries?

About five to seven out of every 1,000 babies born in the United States are at risk of being injured during birth.

Q: How common are birth defects?

Each year, approximately 3% of children in the United States are born with some type of birth defect.

Q: How can an expert help me provide that medical malpractice has taken place?

As a result of their clinical experience, birth injury experts are able to testify to the jury as to what they believe occurred in your child’s case. Specifically, they have the training and expertise necessary to research the causes of your child’s injuries, including whether or not it occurred due to medical errors/professional negligence. For example, in most cases, said experts are other doctors, who can also determine whether your doctor and other medical professionals failed to meet the standard of care necessary to ensure the safe delivery of your child.

Q: What is cerebral palsy?

Cerebral palsy (CP) is a condition that causes a number of different disorders and life-disabling complications. Specifically, CP often arises as a result of a lack of oxygen sustained by a child during labor/delivery and can drastically affect a child’s body movement or brain function. However, it is important to keep in mind that the condition can also be genetic, which testing can readily reveal. Overall, an injury to the child’s brain (i.e. oxygen deprivation) while inside the womb, during delivery, or after birth may cause cerebral palsy.

The Tennessee birth injury lawyers at the firm of Bailey & Greer, PLLC have extensive experience handling birth injury claims in Tennessee, Mississippi, Arkansas, Georgia, and Missouri. We are compassionate, caring and fully understand the pain, anxiety, and financial hardship that a birth injury can cause for families. To learn more about your legal options, contact us toll free at 888-470-9143 or locally at 901-352-5233 to schedule your free and completely confidential consultation.

What Is a Birth Injury?

Your child’s birth is one of the most memorable, precious times in your life. All parents hope for a smooth, uncomplicated delivery, but sadly, for some parents, medical complications occur. Seven out of every 1000 babies born in the U.S. today procure some form of birth injury. Over 28,000 birth injuries occur each year. While some of these birth injuries are linked to environmental, biological, or nutrition factors, many more are the result of medical malpractice. Doctors in hospitals, statistically large hospitals, can act negligently to cause birth injuries that often lead to lifetime of problems.

What Is a Birth Injury?

A birth injury is any form of injury occurring to a newborn during childbirth. Birth injuries can occur due to complications during labor and delivery. Birth injuries can range from minor bruising to severe brain damage. Medical malpractice is one cause of birth injuries, but there are many natural and environmental causes as well. A birth injury attorney can examine your case and explore the possibility that malpractice played a role in your child’s birth injury.

What Are the Most Common Birth Injuries?

The ten most common birth injuries are as follows:

Head and brain injuries—these can range from minor bruising due to the use of forceps to bleeding in the brain. Birth complications can result in deprivation of oxygen to the baby, which can lead to seizures or seizure disorders, mental impairment, and cerebral palsy. Brain injuries can sometimes be traced to a doctor’s negligence in timely recognizing fetal distress and performing a c-section.
Fractured bones—a broken clavicle or collar bone is the most common broken bone to occur during delivery. Fractured bones can occur during difficult or breech births. Babies generally recover quickly from this injury.
Cerebral palsy—approximately three out of every 1,000 children born in the U.S. have cerebral palsy. This disorder is characterized by muscle spasms, lack of motor development, and problems with vision, hearing, and learning. There is no cure for this multi-system disorder.
Spinal cord injuries—these injuries occur due to traumatic nerve or cord damage. Spinal cord injuries are quite severe and can cause paralysis as well as neurological problems.
Brachial plexus injuries—this birth injury involves damage to the nerves that go from the upper spine through the neck, shoulder, arm and hand. Damage to these nerves can range from mild to severe. Erb’s Palsy can result from this injury.
Cephalohematoma—this is a collection of blood below the skull bone. It does not pose a danger to the newborn and will resolve on its own.
Facial paralysis—in this injury, the facial nerve is damaged, either temporarily or permanently.
Caput Succedaneum—this injury involves the swelling of the scalp. It is generally caused by excessive pressure during birth.
Intracranial hemorrhage/subarachnoid hemorrhage—this injury includes bleeding in the skull under the two innermost layers. It can lead to long term neurological problems.
Perinatal Asphyxia—this is the deprivation of oxygen to the newborn, frequently occurring when the umbilical cord is twisted. It can have long term consequences on the mental development of a newborn.

These birth injuries, along with many others, can be the result of medical malpractice. Birth injuries are not always easily recognized immediately following birth. If your delivery was not handled properly and you believe your child could have experienced a birth injury, it is best to consult with a knowledgeable birth injury attorney as soon as possible.

At Bailey & Greer, we understand how heartbreaking a preventable birth injury can be. We are a team of compassionate attorneys who will strive to mitigate the financial and mental hardship a birth injury can wrought. Call us today at (888) 470-9143 or locally at (901) 352-5233 to schedule a free consultation.

How Do I Know if Surgical Errors Led to My Baby’s Birth Injury?

Did the surgeon conduct a thorough analysis of the necessity of surgery and discuss the pros and cons with you?

Was there a delay between when the condition that required surgery presented and when the surgery was performed?

Were there errors in the laboratory tests?

Did the medical staff carefully monitor the baby and your condition throughout the entire surgical process?

How Do I Know if the Improper Use of Forceps Led to My Baby’s Birth Injury?

What is a Brachial Plexus Injury and How Can it be Prevented?

What is Cerebral Palsy?

Cerebral palsy is a group of movement control disorders which develop early on in the life of an infant or child. Injuries to the brain of a child in utero, before birth, or after birth can cause cerebral palsy. Medical mistakes during labor and delivery are another cause of cerebral palsy, as well as certain infections, head trauma, and genetics.

One type of mistake which can lead to cerebral palsy is the failure of prenatal care providers to respond to changes in a mother’s health during her pregnancy. Sometimes, a change might require the gathering of additional information about the health of a mother and her child through specific tests. Failing to order the proper tests at the correct times and failing to order any additional care which is indicated by the test results are other ways in which medical negligence can lead to cerebral palsy. Another medical mistake that can cause cerebral palsy is a failure to closely monitor the baby’s health during labor and to intervene promptly when intervention is necessary to protect the health of the baby. These medical mistakes and others like them can lead to head trauma or oxygen deprivation during birth.

Although cerebral palsy may not be diagnosed for some time after a child is born, there are signs which may be visible after a baby’s birth which may indicate that an injury has occurred because of improper medical care. One of these signs is that the baby requires resuscitation when they are born because they are not breathing. Babies who appear to be limp or floppy upon delivery, or whose skin appears bluish or dusky may also have been injured during birth. Some babies who have been injured during labor and delivery have trouble feeding after they are born, due to difficulties in developing their sucking reflexes. Errors in treating jaundice can result in brain injuries.

Children who have cerebral palsy usually begin to show symptoms of the disorder between three months and two years of age. The exact symptoms which a child will exhibit depend upon which type of cerebral palsy they have. Spastic cerebral palsy is the most common form of cerebral palsy. Symptoms may occur on only one side of the body, or on both sides. It can affect the arms, the legs, or both arms and legs. Stiff muscles, tight joints, abnormal gait, and even paralysis are indicators of spastic cerebral palsy. Symptoms which may indicate that a child has another form of cerebral palsy include lack of coordination, muscles that are too loose, abnormal movements of limbs especially during times of stress, seizures, and problems swallowing food.

If your child has cerebral palsy, you may wonder whether it was caused by an injury resulting from medical negligence. The experienced Tennessee birth injury attorneys at Bailey & Greer, PLLC would like to learn more about your situation. When you talk to us about your case, we will answer all of your questions, explain your options, and help you decide how to proceed. Cerebral palsy is a condition which requires lifelong care and treatment. We can help you to pursue the recovery that you deserve so that you can provide your child with the care that they need. To learn more, call us at (888) 470-9143 to schedule a time to discuss your case. At Bailey & Greer, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.

How do I Know if My Child Has a Birth Injury?

When you think about birth injuries, you may think that any such injury would be immediately noticeable to parents upon delivery of their newborn baby. After all, the entire focus of the parents is likely to be on the baby that they have just worked so hard to bring into the world. While some injuries may be visible right away, others remain obscured from view until months after the baby is born.

One way in which parents may come to discover that their baby was injured during labor and delivery is when the baby seems delayed in reaching developmental milestones. While each child develops at his or her own rate, there are general guidelines that provide a range within which almost all babies do things like making eye contact, rolling over, vocalizing, crawling, walking, and so on. Your pediatrician can help you to know whether your baby is simply taking his or her time with a particular milestone or whether an apparent delay could mean that something more serious is going on.

Seizures, abnormal or spastic body movements, or tremors are another way that parents can become aware of the possibility that their child experienced a birth injury. Just as every child with a developmental delay does not necessarily have a birth injury, not every child who has seizures or abnormal movement was injured at birth. When any of these things happen, it is important to immediately bring them to the attention of your child’s pediatrician so that they can look into the cause of the seizures or abnormal movements.

Developmental delays, seizures, and abnormal body movements can be indicators of a possible birth injury. While you are working with your pediatrician to address these issues, it is also important to take time to think back to your birth experience and determine whether any risk factors for birth injury were present at that time. For example, the use of forceps and vacuum extractors has been linked to birth injuries. If these devices were used during your delivery, there is an increased chance that your child was injured. Also, if you ended up having an emergency cesarean birth, think about how that decision was made by medical staff and how long of a delay there was between the decision to operate and the time that your surgery began. A variety of birth injuries can be caused by delay in performing an emergency c-section, so if that was a part of your birth experience, it is possible that your child’s current condition indicates that they were harmed by the delay. You are sure to remember whether your baby appeared to be blue or purple and limp or silent upon delivery instead of red-faced and crying. This may also indicate birth injury or birth trauma. If you recall things from your delivery that could increase the chance that your child experienced a birth injury, tell your pediatrician right away so that they can explore that possibility.

If your child is now showing signs of a birth injury, you may wonder whether it was caused by medical negligence. The experienced Tennessee birth injury attorneys at Bailey & Greer, PLLC would like to learn more about what happened. When you talk to us about your case, we will answer all of your questions, explain your options, and help you decide how to proceed. We can help you to pursue the recovery that you deserve so that you can provide your child with the care that they need. To learn more, call us at (888) 470-9143 to schedule a time to discuss your case. At Bailey & Greer, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.

Are All Birth Injuries Permanent?

When a child is injured at birth, their parents are likely to wonder whether the injury is permanent, or whether their baby will make a full or partial recovery from it. Some birth injuries, like cerebral palsy, are permanent and will require special care throughout the injured child’s lifetime as they grow and develop. Fortunately, there are other birth injuries which may fully or partially heal with proper treatment and the passage of time.

The best person to ask about whether your baby will be able to recover from his or her birth injury is a doctor who specializes in the care of individuals who have that particular condition. A doctor who has seen many cases involving babies who were injured in a similar manner may be able to evaluate the severity of your child’s birth injury and create a treatment plan which will help you to give your baby the best chance at making a full or partial recovery.

Some types of birth injuries can heal fairly quickly, such as bruises, collarbone fractures, broken blood vessels in the eyes, and even facial paralysis. Erb’s palsy, which results from nerve damage caused by shoulder dystocia, can be permanent in severe cases. If the loss of nerve function occurs because of swelling, pressure, or bruising, the condition may disappear as the nerves regain functionality.

Brachial plexus injuries are not always permanent. The likelihood that a baby will recover from a brachial plexus injury is directly related to how severe the original injury was. When a baby is born with a minor brachial plexus injury, they have a greater chance of recovering from it than a baby whose brachial plexus injury is severe. Ask a brachial plexus injury specialist about whether there are any things like exercises or stretches that you can do to help your baby, as well as whether there are any motions or positions that you should avoid.

Newborn jaundice is not, in and of itself, a permanent condition. However, if it is not treated quickly and properly, it can lead to brain damage and, in some cases, to cerebral palsy. Screening for jaundice within a few days of birth is standard medical procedure for all babies. Also, if parents notice any signs of jaundice, including refusing the bottle or breast for more than two consecutive feedings, a yellowish tint to the skin, or lethargy and difficulty in being awakened, they should immediately notify their health care providers so that treatment can begin at once.

Unfortunately, some birth injuries are permanent. As mentioned above, cerebral palsy is a condition which remains with an affected individual for his or her lifetime. In situations where a baby receives too little oxygen during labor and delivery, brain damage may result. Unfortunately, this type of damage is not reversible and may result in lifelong challenges for the child.

Whether your child’s birth injury is temporary or permanent, they may be entitled to damages if their injury was caused by medical negligence. To learn more about filing a claim for damages resulting from a birth injury, call the experienced Memphis Birth Injury Attorneys at Bailey & Greer, PLLC. We can answer your questions, explain your options, and help you decide how to proceed. Call us today, at (888) 470-9143 to schedule a time to discuss your case. At Bailey & Greer, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.

Our Baby Is Injured, Why Isn’t Anyone Telling Me Anything?

When a baby is born, their parents may be so focused on meeting their little one for the first time that they may not notice the medical staff rushing in and out of the room with panicked looks on their faces. After studying their little one intently, the parents may begin to suspect that something is amiss, but they may not be able to tell exactly what it is. In this type of situation, parents are likely to think that perhaps everything is fine and they are just feeling anxious – after all, if something were wrong with their child, the doctors would certainly tell them, wouldn’t they?

Unfortunately, medical staff are not always forthcoming about whether a baby has suffered a birth injury. Since birth injuries are often caused by malpractice, informing parents that their baby was injured during labor and delivery is, in essence, admitting that you made a mistake – a very big mistake which has altered the course of someone else’s entire life. As you can imagine, doctors, nurses, and other medical professionals may not want to talk about what they did wrong. Unfortunately, they may even go beyond not talking about it and actively attempt to cover up the fact that a mistake was made by altering medical records and destroying evidence of their mistake.

If you feel as though something is not quite right, ask questions. Pay close attention to whether or not you receive actual answers to your questions, and to the demeanor of the people who are responding to your inquiries. The medical staff may attempt to minimize the harm that has occurred by telling you things like “it is common”, “it is treatable”, “wait a few weeks and it should go away”, and other things. While these answers may seem comforting at first, they are not really answers that will help you understand what is happening with your child’s health right now, and what it means for their future. Sometimes, doctors and other may go beyond attempting to minimize your concerns by getting angry and either saying that there is nothing wrong or refusing to answer the questions that you have asked them. This is a red flag which indicates that there is a high likelihood that something has gone wrong and that you do not have all of the information that you should.

If you suspect that your child was born with a birth injury and the medical professionals who delivered your baby are not answering your questions about what happened, it is essential that you seek an independent opinion from a doctor who has no ties to the hospital where you gave birth. Look for someone who specializes in treating birth injuries, so that you will be able to get an honest assessment of what is going on regarding your child’s health. Early detection and treatment are essential to successfully treating many birth injuries, so prompt action on your part will give your child the best chance at making as much of a recovery from his or her condition as is possible.

To learn more about whether you can pursue a Tennessee birth injury lawsuit in connection with your child’s brachial plexus injury, discuss your case with a knowledgeable Tennessee Birth Injury Attorney as soon as possible. The dedicated Tennessee Birth Injury Attorneys at Bailey & Greer, PLLC would like to learn more about your case. To learn more, call us at (888) 470-9143 to schedule a time to discuss your case. At Bailey & Greer, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.

Brachial Plexus Injuries Do Not Always Have to be Permanent

If your baby was born with a brachial plexus injury which has left him or her without the use of one or both arms or shoulders, or with greatly reduced use of an arm or shoulder, it is possible that you have been told that there is not much that can be done about brachial plexus injuries. Fortunately, in many cases, there are things that can be done to increase the chance that a child with a brachial plexus injury can regain full or nearly full use of their affected limbs.

If you have been told that your child’s brachial plexus injury is unlikely to improve, you may want to have your child examined by someone who specializes in treating brachial plexus injuries for a second opinion. An orthopedist can use a variety of tools to assess your child’s brachial plexus injury, including MRIs, physical examinations, CT scans, and electro diagnostic tests, which evaluate nerve function. Once complete information is available regarding the extent of your child’s injury, the orthopedist can determine how likely it is that your child will recover from the injury and how much recovery they may be able to make. One or more surgeries may be recommended, as there are a variety of surgical techniques like nerve transfers, nerve grafts, and nerve repair, which can restore nerve function and restore movement and limb functioning.

It is important to seek a second opinion sooner rather than later, because if your child’s brachial plexus injury is something which could be repaired by surgery, the best time to operate is within three to six months of the injury. Surgeries can be done later than that, and although the results of a later surgery are often not as good as they would have been with an earlier one, they are usually better than they would have been without any surgery at all.

There are hospitals which have teams of medical professionals who are dedicated to helping children with brachial plexus injuries. One such hospital is Cincinnati Children’s Hospital. The parents of a three month old boy who was born with a limp arm had him examined by the team at the Brachial Plexus Center at Cincinnati Children’s Hospital when he was a couple of weeks old. He had surgery at three months of age, and at eighteen months of age, he is able to play and do all of the other things that children his age do. Older children have had operations at the Brachial Plexus Center to give them relief from arm and shoulder pain associated with brachial plexus injuries, and to gain even greater ranges of motion than they had achieved through physical therapy and other measures prior to surgery.

If your child was born with a brachial plexus injury, they may be able to recover to a fuller extent than their current health care providers believe to be possible. Ask for a referral to someone who specializes in treating brachial plexus injuries, so that you will be able to get a thorough assessment of what type of recovery your child may be able to make. To learn more about whether you can pursue a Memphis birth injury lawsuit in connection with your child’s brachial plexus injury, discuss your case with a knowledgeable Tennessee Birth Injury Attorney as soon as possible. The dedicated Memphis Birth Injury Attorneys at Bailey & Greer, PLLC would like to learn more about your case. To learn more, call us at (888) 470-9143 to schedule a time to discuss your case. At Bailey & Greer, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.

Can I sue for punitive damages against a Memphis doctor for improper care?

Most lawsuits against doctors involving patient care fall under the Tennessee Medical Malpractice Act. Punitive damages are available against Tennessee doctors only when the doctor’s conduct is particularly egregious. While compensatory damages in Tennessee medical malpractice cases compensate an injured person for things like medical bills, lost wages, and pain and suffering, punitive damages exist for the purpose of punishing the wrongdoer.

Under Tennessee law on punitive damages, the doctor must be found to have acted: 1) intentionally, 2) fraudulently, 3) maliciously, or 4) recklessly. For example, if your doctor was under the influence of drugs or alcohol during a procedure, you may be able to prove that his or her conduct was reckless. Further, the plaintiff must prove the doctor’s actions by “clear and convincing” evidence, which is a higher burden of proof than is required to prove ordinary negligence.

Punitive damages play an important role in Tennessee medical malpractice cases. Punitive damages punish reckless doctors and they send a message that reckless conduct will not be tolerated in Tennessee communities.

If have a question about whether you may be entitled to punitive damages in a medical malpractice case, contact one of our experienced Shelby County medical malpractice lawyers today by calling 1-888-470-9143.
Bailey & Greer represents people with medical malpractice claims in Tennessee and Mississippi, including Memphis, Germantown, Bartlett, Cordova, Collierville, Arlington, Lakeland, and all of Shelby, Fayette, and Tipton Counties. We have also handled cases in Arkansas, Georgia, and Missouri.
Bailey & Greer represents people with medical malpractice claims in Tennessee and Mississippi, including Memphis, Germantown, Bartlett, Cordova, Collierville, Arlington, Lakeland, and all of Shelby, Fayette, and Tipton Counties. We have also handled cases in Arkansas, Georgia, and Missouri.

I am a victim of medical malpractice in Memphis. A doctor misdiagnosed my cancer, costing me a great deal of time getting treatment. I heard I need medical experts to testify for me. Why do I need this and how do I find someone?

Almost always, expert testimony is a key part of a Tennessee medical malpractice lawsuit. If you do not have this kind of testimony, a judge will be likely to dismiss your case or decide it too early.

As Memphis medical malpractice lawyers, we always locate the best medical expert to testify for you. This expert is used to prove two things in a case. First, did the doctor provide a standard of care that other doctors would? And second, were you injured because you did not receive a proper standard of care?

Both the defendant and the plaintiff need experts before the trial starts. These experts will provide the lawyers with the information they need to disclose their pre-trial testimony.

According to Tennessee’s Medical Malpractice Act the following rules are required:

The plaintiff must provide an expert witness who can prove, “the recognized standard of acceptable professional practice in the profession and the specialty thereof, if any . . .”
The witness must be licensed in the state of Tennessee or a “contiguous bordering state”.
An expert must have practiced in the field in question within the last year.
The expert witness must be very familiar with the professional standards that apply to the case.

You will need a top-notch Tennessee lawyer to find the very best medical expert to testify for you. The Memphis medical malpractice lawyers at Bailey & Greer can offer you caring, comprehensive, aggressive representation. Call us at toll-free at 888-470-9143 to get a free case evaluation. Let’s get started today.

My husband died as a result of a mistake made during surgery. This has left me in both emotional and financial trouble. Everyone is telling me to see a lawyer about a medical malpractice lawsuit. If I do this, when should I file?

There are several things to think about when you file a medical malpractice lawsuit. As Memphis medical malpractice lawyers, we know how important it is to seek legal representation in cases like yours. And it is never too soon to do this.

Meanwhile, we would like to offer some general informational guidelines for filing a Tennessee medical malpractice lawsuit:

Tennessee medical malpractice lawsuits must be filed within a certain length of time, which is called the statute of limitations.
If you do not file within the statute of limitations, your case can be dismissed.
Most of the time it is prudent to assume a one-year statute of limitations.
There are two exceptions that can extend the one-year time limit: the discovery rule and rules governing minors and incompetent persons. Your attorney can advise you on these.
Tennessee law requires that you give the medical providers written notice 60 days before filing a lawsuit. This notice must be given within the statute of limitations, and can extend the statute 120 days.

There is no reason you should have to deal with your loss alone. When you are ready, please contact the experienced, caring attorneys at Bailey & Greer. Our record speaks for itself. Call us toll-free today at 888-470-9143 to protect your legal rights.

How can I be sure I am hiring the best Tennessee medical malpractice lawyer for my case?

When you or a loved one is harmed through Tennessee medical negligence and you choose to bring legal action, you want to be sure you are getting the best possible representation. Any attorney you hire to represent you must possess, at a minimum, the following:

Specific skill and experience in handling medical malpractice cases. This includes not only a strong knowledge of the law surrounding these cases but actual experience litigating them, both before, during and after trial.
A strong knowledge of medicine and medical litigation law. When you meet, bring your medical records and be sure he or she can speak with expertise about what is contained in them.
The financial resources to take your case all the way. Your medical malpractice lawyer should be able to finance your defense from the first day you meet until the end, which is often after a trial, as most of these cases do end in the courtroom.
A good reputation in the community. Other lawyers, friends, family members and colleagues can all recommend attorneys with good reputations.
A good track record. The lawyer you choose to represent you in your Tennessee medical malpractice claim should be able to show you a solid record of positive outcomes in cases like yours.
Ties to and memberships in professional organizations. Finally, the law firm you retain should be a member of and active in organizations unique to the legal profession. This information is easy to obtain by searching online or visiting the office.

When you make your final decision, be sure you have hired a medical malpractice lawyer in Tennessee that you can trust. At Bailey & Greer, we believe we will meet all your expectations and deliver the most caring and comprehensive legal representation you can get. Call us toll-free today at 888-470-9143. We would love to meet you and discuss your Memphis medical malpractice case.

What are the most common Tennessee medical malpractice claims?

When you put your trust in medical professionals and they make mistakes, the results can be devastating. Suddenly you may be facing much more serious health issues than you started with, if not worse.

There are many reasons for medical malpractice claims, but here are five of the most common:
Misdiagnosis or delayed diagnosis: When a case is filed involving either the wrong diagnosis or a diagnosis made too late to successfully treat the patient, the argument is that the patient suffered harm or even death as a result.
Errors in medication: About one and a half million Americans are harmed every year by mistakes in their medication. This can happen in many ways. The wrong drug may be prescribed, or a patient could be given the wrong drug in the hospital. In addition, pharmacies make errors. But the number one cause of patient harm due to medication errors is incorrect dosage; a patient either gets too much or not enough of a drug.
Anesthesia mistakes: Patients can be given too much anesthesia, the anesthesiologist might fail to check the patient’s vital signs or equipment can fail. All these and more are dangerous mistakes that can lead to serious injury and death.
Childbirth errors: When a doctor fails to recognize signs of fetal distress and doesn’t order a Cesarean when it is called for, uses equipment improperly, or uses damaged equipment, negligence can be argued in a medical malpractice suit.
Surgical errors: A host of mistakes can be made in the operating room, both during the operation and during the post-op period of care. We have all heard the horror stories of objects being left inside the body and operations on the wrong body part.

Every state has different medical malpractice statutes. Only a very experienced and talented Memphis MedMal Lawyer can successfully represent you in this type of case. At Bailey & Greer, we can promise a caring, intelligent and aggressive approach to your Tennessee medical malpractice lawsuit. Call us toll-free today to discuss your options at 888-470-9143.

How do I know if I have a Tennessee medical malpractice claim?

First, it is important to understand that there are many common reasons for filing a medical malpractice claim. These include:

Misdiagnosis of delayed diagnosis
Mistakes made during labor and delivery
Medication mistakes
Anesthesia mistakes
Surgical mistakes

All Tennessee medical malpractice lawsuits begin with some form of negligence by a healthcare professional, like a doctor, nurse, pharmacist, anesthesiologist, or medical institution. You should trust your gut instinct if you suspect that one of these parties has made a mistake.

By reviewing the list above, you may know right away which type of error applies to your case. Then, it is a matter of getting legal help. We suggest that you do not delay doing this. If you wait too long to begin legal action, the statute of limitations may run out. In addition, the evidence needed and expert testimony is much easier to collect when the case is recent.

As Memphis medical malpractice lawyers, we understand the very real fears and mounting questions you have about your experience. And we urge you to contact someone who has the knowledge, experience and trial skills to first evaluate your potential claim and then proceed with it.

At Bailey & Greer, we are proud of our reputation in Memphis and the surrounding areas for fighting the good fight for each and every one of our clients. We can look at the facts surrounding your claim, gather the evidence needed to pursue it and answer your questions about Tennessee medical malpractice law.

Call us today toll-free at 888-470-9143 and begin the process. Or, fill out the confidential form on this page and we will contact you. We promise caring, compassionate legal representation.

What should I look for when choosing a Tennessee medical malpractice lawyer?

There are many traits that good Tennessee lawyers share. These include having a good reputation in the community, a winning court record and lots of experience. That said, a medical malpractice lawyer needs all these traits and more. Here are a few things you should look for as you decide on an attorney who can handle your Tennessee medical malpractice case. Your lawyer should:

Possess experience in medical malpractice cases. There are many personal injury attorneys out there, but yours needs to know the Tennessee laws that specifically address the specifics of your claim. This comes from experience.
Be honest and up front. Your attorney should be very clear with you about how the financial arrangements for your case work. In addition, a good medical malpractice lawyer is honest about your chances and will advise you accordingly.
Understand medical law. Your lawyer should not only understand the law as it applies to your case, but also have expertise in how the law applies to medicine in general. In addition, he or she should know competent medical experts who can testify on your behalf should your case go to trial.
Have your best interests at heart. In the end, a lawyer who takes any old case and settles quickly isn’t representing his clients’ best interests. A good lawyer will be honest with you about your case and be willing to take the suit as far as necessary to get you the fairest compensation possible. A good lawyer works for you, not for himself.

The Memphis medical malpractice attorneys at Bailey & Greer can promise you that we will deliver all of the above qualifications and more. Our clients come first in every case we take. We understand that you have enough to deal with after suffering medical malpractice, and we work hard to make the road to recovery smoother.

Call us today toll-free at 888-470-9143. Or, fill out the simple, confidential client contact form on this page and we will contact you right away.

What, exactly, are damages in a Tennessee medical malpractice lawsuit and who pays them?

If you choose to pursue a medical malpractice lawsuit in Tennessee, you will be called the plaintiff and the doctor and/or other medical professionals will be called defendants. As the plaintiff, you must prove that the person or persons you are suing were negligent in some aspect of the medical care they provided.

If negligence is successfully proved, then you, as the plaintiff, are eligible to receive monetary awards called damages. There are two basic types, compensatory and punitive:

Compensatory damages are awarded to cover the effects of your injury. These include things like lost wages, medical bills and daily living expenses. In addition, damages can cover the injury itself, including physical harm, psychological harm and severe pain.
Punitive damages are less likely to be awarded. In cases where they are, the plaintiffs are able to prove that the harm was caused by reckless and wanton actions on the part of the defendant(s).

In order to be awarded damages for medical malpractice, you and your legal counsel will have to put a dollar amount on the damages. To do this, it depends on you and your unique situation. That is why it is important that you pick an experienced, reputable Memphis medical malpractice attorney to represent you.

At Bailey & Greer, we can promise you an experienced, vigorous legal counsel. Our reputation as “small enough to care; big enough to win” was not earned easily. We dedicate the time and attention necessary to win your case. Nothing less.

Call us toll-free today at 888-470-9143 to discuss your options. Or, simply fill out the confidential form on this page, and we will contact you.

I am going to have major surgery in Memphis next month. A friend of mine died from an infection after surgery. Is there any way to protect myself from the same fate?

Yes, there are several things you can do, both before you enter the hospital and once you are there. With the resources and technology available to health care professionals these days, there is almost no conceivable reason for patients to suffer a hospital-acquired infection in today’s hospitals.

Before your surgery:

Find out the hospital’s infection rate. This information is required and public in Tennessee. There are many online sources to use. Consumer Reports and the Tennessee Department of Health are two sources for this information.
Ask your surgeon what his or her infection rate is. This information is not only available; it is your right to know.

When you enter the hospital:

Ask hospital staff and visitors to disinfect their hands before touching you.
Make sure your doctors are cleaning the flat surface with alcohol before using a stethoscope.
Be sure you are given an antibiotic before surgery.
If you must have a urinary tract catheter, ask to have it removed as soon as possible. Sometimes this device is unnecessary and used to save the staff from taking you to the bathroom.
If you have an IV, be sure it is inserted and removed under sanitary conditions and changed every 3-4 days. If you notice any redness, call for help immediately.

At Bailey & Greer, we know how scary facing a surgery can be, and we serve as Tennessee medical malpractice representatives for those who are injured through hospital-acquired infections. Hopefully the family of your deceased friend has chosen to hold the hospital responsible for its actions.

My friend went to the hospital in Memphis, Tennessee complaining of flu like symptoms but the emergency room doctor discharged her. Later she returned to the doctor and she was diagnosed with meningitis. What are the signs and symptoms associated with meningitis and does she have a claim for medical bills?

Meningitis is an infection or inflammation process that affects the lining of the brain and central nervous system. If left untreated or if treatment is delayed as a result of misdiagnosis, the patient can become seriously injured or even die. The signs and symptoms of meningitis can develop quickly, within a matter of hours, or they can develop over a number of days. The most common signs and symptoms include:

High fever
Severe headache that is different than other types
Stiff neck
Vomiting or nausea
Sensitivity to light
Confusion or difficulty concentrating
Many of these signs and symptoms can be confused with the flu or other illnesses, such as a brain aneurysm. The only way for a doctor to diagnose meningitis and to determine what type, is to perform a spinal fluid test. The most common types of meningitis are:

Viral Meningitis – This type may improve, even without treatment, in a matter of days
Bacterial Meningitis – This type is serious and doctors must treat quickly with powerful antibiotics in order to improve a person’s chance of survival. Delayed treatment can result in brain damage and even death.
If you know someone who was misdiagnosed and suffered injury or death as a result of any form of meningitis, please call the Tennessee medical malpractice attorneys at Bailey & Greer for a free consultation. We have a registered nurse on staff standing by to take your call at 1-888-470-9143.

I had surgery to remove a cancerous tumor from my right breast. During the surgery, my doctor decided to remove a benign lump from the other breast. This meant extra post-surgery care, extra expense, and more time away from work as my recovery time was doubled. Although I am now physically fine, do I have the right to file a Tennessee medical malpractice lawsuit?

As a patient, you have the right to determine what you want done to your body. Before you consent to any medical procedure, your doctor must advise you of what will be done, why it is being done, the expected outcome, and any risks. This duty is known as providing informed consent.

Once you give your consent, your doctor is not allowed to perform any procedure other than the procedure that you’ve consented to. There are exceptions; if during surgery, the unexpected happens and your life is put at risk, your doctor has a duty to take all reasonable steps to save your life. It may also be reasonable for a doctor to remove additional cancerous tumors if they are found during surgery. But, most cases, a doctor cannot provide any additional treatment without additional consent.

If you agreed to have surgery on your right breast, your doctor should not operate on the other breast without getting additional consent. Because the doctor performed the extra procedure without your permission, you may be able to file a Tennessee medical malpractice claim based on lack of informed consent, even if you did not suffer an injury. You are likely to have a claim because the additional procedure was clearly not necessary.

If you have questions about medical malpractice in Tennessee or would like to discuss your own case, please contact the Memphis medical malpractice attorneys at Bailey & Greer at 888-470-9143.

Is it too late to bring a lawsuit against my doctor? It happened in Memphis, Tennessee and I don’t know the statute of limitations for medical malpractice cases in Tennessee.

The statute of limitations for Tennessee medical malpractice cases is extremely complex. It’s virtually impossible to answer this type of question without understanding the facts of what happened. The safest approach to understanding the time limitations for a Tennessee medical malpractice case is to consult with experienced and reputable Tennessee malpractice attorneys. However, here are a few basic facts to consider:

In general, there is a one year statute of limitations for Tennessee medical malpractice cases.

Under normal circumstances, the statute of limitations is one year from the date the patient knew, or should have known, of the malpractice. In some cases this rule is easy to follow. In other cases, the question can be more difficult to answer. For instance, if you are supposed to have surgery on your right knee and you awake to see that the surgery has been performed on your left knee, clearly you have knowledge of the malpractice. However, medical mistakes can often be made, for instance during surgery, and the patient may not become aware of the mistake for months or even years. This is known as the “discovery rule.”

Children and mentally incapacitated people can have up to three years to file a Tennessee medical malpractice lawsuit.

If the injured patient is a minor or is mentally incapacitated, the statute of limitations may be extended to one year from the day the person reaches the age of majority (18) or one year from when the mental incompetency is removed.

Only in rare circumstances can you file a Tennessee medical malpractice case after three years from the date of malpractice.

In Tennessee, the discovery rule and the extended period of time for minors and incapacitated persons, typically does not go beyond three years. Tennessee thus has one of the shortest statutes of limitations for minor children who are injured by medical malpractice. For instance, a child who is injured during labor and delivery in Tennessee has only until his or her third birthday to file a lawsuit, or else the case will be barred. Fraudulent concealment and medical instruments left inside a patient are the only exception to the three year deadline for filing a Tennessee medical malpractice case.

If you are worried about the statute of limitations for a medical malpractice case in Tennessee, call the Memphis medical negligence lawyers at Bailey & Greer for a free and confidential consultation.

I suffered bowel obstruction from a sponge that was left in my body after surgery. How can these kinds of surgical errors be prevented?

During surgery, you have no choice but to trust that the medical team caring for you will do their best to protect you from harm and avoid medical mistakes. However, surgical mistakes happen. An estimated 4,000 surgical errors are made each year. Most of these mistakes involve gauze sponges that are left inside the bodies of patients after surgery.

Gauze sponges are commonly used to soak up blood and other body fluids during medical procedures. During a single surgery, dozens or even hundreds of gauze sponges may be used. If even one of these sponges is misplaced, it can cause infection, bowel obstruction, internal scarring, erosion of the abdominal wall, or even death. To prevent such injuries, each and every sponge must be accounted for.

Until recently, each sponge had to be manually counted. When hundreds of sponges are used, it was easy to lose count. In 62 percent of surgical medical malpractice cases involving objects left in the body after surgery, the object was thought to have been accounted for.

Now, many hospitals are relying on technology to keep track of sponges. Many manufacturers are making surgical sponges that are embedded with a miniature computer chip that emits a radio frequency signal. After the surgery, an operating room nurse scans the body with a special detector wand. If a sponge has been left in the patient, the wand sounds an alarm. Doctors can locate and remove the sponge before it causes injury.

Patients who suffer injuries caused by surgical errors are eligible for compensation through a Tennessee medical malpractice lawsuit. To learn whether you qualify to file a Tennessee surgery malpractice claim, please contact Bailey & Greer at 888-470-9143 and ask to speak to a Memphis medical malpractice attorney.

What is a living will and healthcare power of attorney in Tennessee?

Given a choice, most people prefer to make their own health care decisions. Consulting with your doctor and close family members is critical to making important decisions. But what if you are not mentally or physically able to make a decision for yourself? Unless you have the proper documents in place, your healthcare decisions will be made by someone—even someone you do not know and who does not know your desires.

The Purpose of a Living Will and Health Care Power of Attorney

A living will is a legal document that tells your doctor and other healthcare providers what type of treatment you do or do not want should you become incapacitated due to an illness or injury. A living will is primarily designed to instruct a doctor about what type of life saving measures, if any, you want toward the end of your life, such as mechanical breathing devices, heart resuscitation, and feeding tubes.

A power of attorney for health care is a document that appoints a trusted family member or friend to help oversee your care and to make sure your directives are followed when you cannot make decisions yourself.

In Tennessee, these two forms are often combined and referred to as an Advanced Directive.

If you do not have a living will or health care power of attorney and you become incapacitated, health care decisions are commonly made by a family member. This can be problematic, especially when the family member is estranged or does not know your true desires. Even for close family members, making decisions without a living will may cause them to feel guilty, uncomfortable, and confused.

Who Can Be Appointed to Make Decisions

Whoever you choose as a representative should be dependable, trustworthy, and calm under pressure. Ideally the person should live nearby or be able to travel to be near the injured person. The following individuals cannot be named:

Treating health care providers.
Employees of treating providers, unless you are related.
An operator of a health care institution.
Employees of an operator of a health care institution, unless related.
Free Forms Available for Tennessee Residents

The State of Tennessee offers free downloadable forms on its website.

What Are The Most Common Questions People Have About Tennessee Medical Malpractice Cases?

When facing injuries due to suspected medical malpractice, it can be simply devastating. It can also lead to a significant amount of confusion as to where to turn next. That is why our seasoned medical malpractice attorneys have put together a number of important information in the form of frequently asked questions, to help guide you should you be considering your legal options. These are as follows:

Q: How do I know if I have a medical malpractice case?

A less-than-perfect, or even a bad, result is not necessarily malpractice. Medical professionals can provide excellent care and still have something go wrong. To establish medical malpractice, an expert in the field will have to testify that no reasonable health care provider would have done what your health care provider did. What is reasonable is determined by examining the following:

Available knowledge;
Region where the care took place; and
State of medical practices at the time of the alleged injury.
An expert will also have to establish that your health care provider’s negligence caused injury or death. A doctor can be negligent, and yet not be liable for malpractice if the negligence did not cause injury or death.

Q: What is the “standard of care”?

The medical community defines “standard of care.” It is not defined as premium care or what an expert believes should have been done in hindsight. Standard of care hinges on whether a reasonable health care provider would have done what the doctor in question did, based on the available information at the time of the incident. Standard of care can be defined by an expert’s experience, medical literature, or publications, such as the American Journal of Ophthalmology. Regardless of how standard of care, it must be established through expert testimony.

Q: Is a misdiagnosis malpractice?

Sometimes, but of course, not always. From time to time, doctors make errors in diagnosis. The law does not require doctors to be perfect – it specifically requires them to meet the standard of care by doing what a reasonable doctor would do in the same situation.

Q: Can you sue for what might have happened?

It can be very stressful to find out a particular medical procedure might have resulted in permanent injury or death. However, you cannot sue for what might have happened. If serious injury or death did not occur, you have no damages to sue for.

Q: What expenses should be paid by a medical malpractice settlement?

Every case is unique. However, it is common for the following expenses to be paid if there is evidence to support a case of medical malpractice:

Past, present and future medical expenses for treatment of the injury the medical malpractice caused;
Economic damages, the malpractice caused, such as lost wages; and
Compensation for pain and suffering, e.g. difficulty walking, sleeping, or moving a particular way.
Q: What is a normal settlement amount?

Every case and every injury is different. An experienced attorney can help you evaluate the value of your case. In evaluating your case, your attorney will consider factors such as the following:

Impact on earning capacity;
Impact on daily life;
How a jury may perceive the person alleging malpractice;
How a jury may perceive the accused health care provider; and
The location where the medical malpractice action is filed.
Your attorney can help you evaluate what a sort of settlement you may be entitled to.

Q. How will I pay my attorney?

We handle our malpractice cases on a contingency basis. This means we will collect a percentage of whatever amount we are able to recover on your behalf. We will pay your expenses in advance. Once a settlement is reached, or we obtain a verdict on your behalf at trial, we will deduct the expenses from your settlement/judgment amount. In the event we do not recover anything on your behalf, we will not require you to repay the expenses paid in developing your case.

The highly skilled Tennessee malpractice lawyers at Bailey and Greer, PLLC can provide you with the representation you need if you or a loved one has suffered at the hands of medical professionals. Call us today to request a free initial consultation. Please contact us today to receive your free case evaluation by dialing locally to 901-352-5233 or toll-free to 888-470-9143. At Bailey and Greer, we are small enough to care, big enough to fight, and experienced enough to win.

How Do I Know if I am the Victim of a Medication Error in Tennessee?

It is scary to think that the doctors and medical professionals upon whom you rely to prescribe, fill, or administer medication may provide the wrong medication. This may be done without the knowledge of the people giving you the drugs, in the case of an error at the pharmaceutical company or compounding firm that manufactured or prepared the medication. The error could have occurred because a doctor wrote out the wrong prescription or the pharmacist filled it with the wrong dose or, in the worst case scenario, the improper medication. However it occurred, there are some things that should be done to make sure that you minimize the harm from a medication error. Here are some of the frequently asked questions:

How Will I Know if I am Taking the Wrong Medication?

Although there are adverse drug reactions that occur when you are taking the correct drug and dose, there are some symptoms for which you should watch:

Are you having difficulty breathing?
Have you experienced severe nausea and vomiting after taking the medication in question?
Are you feeling light-headed or confused?
Do you bruise easily when you did not before taking the medication?
Have you experienced bleeding that was hard to stop?
Did you have episodes of diarrhea or constipation after taking the drug?
Does your heart race after taking the medication?
Any reaction that is different from those that you have experienced when previously taking this medication is a reason to consult your physician immediately. If it is a new medication, your doctor or pharmacist should have discussed possible side-effects. If the symptoms that you are experiencing are different from those that you anticipated, you should contact a medical professional immediately.

What should I do if I suspect that I have been the victim of a medication error?

First, stop taking the medication if you even suspect that it is not the proper dose or is the incorrect medication. Regardless of whether you feel strange after taking a drug and you are not aware of any associated side-effects or the pill or liquid looks different from what you thought it should look like, do not continue to take the medication. You should contact your doctor as soon as possible to ask about the medication and discuss your situation. It also is imperative to get a complete medical assessment. If you or a loved one took an incorrect dose or the wrong medication, the harm can be extensive and immediate medical treatment may be necessary. You want to be careful about stopping medication that may be critical to your continued wellbeing and should visit an emergency room if you suspect the medication that you have is not the right one in this case. None of this should be used as a substitute for medical advice and is for informational purposes only.

Should I Research the Medication Myself?

Although it is never a good idea to rely on the Internet for medical treatment, this may be one of the times where it provides a resource for comparing the medication that you have in your possession to the drugs that you should have received. Some pharmacies place the description of the drug on the prescription container (for example, small oval blue pill) so you can compare that to the contents of the bottle with what it should look like.

Contact Bailey & Greer Today to Learn More About Your Legal Options!

If you or a loved one has been harmed as a result of a taking a medication that is different from the dose or drug that was prescribed, the lawyers with the Tennessee law firm of Bailey & Greer have the knowledge and experience to serve as your personal legal team. Medication errors are all too common, and the consequences are tragic. Our Tennessee medical malpractice attorneys are happy to meet with you to discuss your case, so call us toll free at (888) 470-9143 to schedule your free and confidential initial consultation. At Bailey & Greer, we are small enough to care, big enough to fight, and experienced enough to win. We look forward to providing you with superior legal representation.

What is a Medical Malpractice Wrongful Death Action in Tennessee?

If your loved one has died as a result of medical malpractice in the state of Tennessee, you may have the right to recover through the filing of a wrongful death action. Though nothing can bring back the loved one you so tragically lost, a wrongful death suit can help lessen the financial toll of the loss and achieve the justice you and your lost loved one deserve. The following is a list of frequently asked questions concerning the wrongful death- medical malpractice action:

What is a Medical Malpractice Wrongful Death Action in Tennessee?

Wrongful death claims arise when a person dies due to the fault of another person, or a company. There are many types of wrongful death actions, but a medical malpractice wrongful death suit specifically involves the death of a person due to the negligence of a medical professional. Wrongful death can also encompass deaths due to automobile accidents, truck accidents, and motorcycle accidents, among others.

In order to prove a medical malpractice-wrongful death claim, you must show the following: 1) a person has been killed prematurely; 2) the medical professional acted negligently; 3) the negligence caused the person’s death; 4) an eligible survivor brought the wrongful death suit.

Who May File a Medical Malpractice-Wrongful Death Suit?

In Tennessee, people eligible to file a wrongful death suit include:

Immediate family members of the deceased— the spouse, children, and parents of children not yet married.
Financial dependents
Distant family members—under certain circumstances, non-immediate family members may be able to join the suit
What Actions Encompass Medical Malpractice?

Wrongful death-medical malpractice suits can arise from the following:

Delayed or misdiagnosis—when a healthcare professional’s failure to timely or accurately diagnosis a loved one leads to their death, you may have a valid wrongful death action. Some common conditions that can be misdiagnosed, or not diagnosed until it’s too late, include: brain injury; stroke; heart disease; infection; internal bleeding; bacterial meningitis; hypertension; pulmonary embolism. With each of these illnesses or conditions, had the medical professional made an accurate, timely diagnosis, the patient could have been treated or their condition managed.
Medication errors—this includes over or under dosing a patient with medication, leading to their death. These errors can stem from the doctor’s failure to prescribe the correct medication dosage or the nurse’s error in administering the medication at the called for dosage.
Surgical errors—surgical errors occur at alarming rates and are often the cause for medical malpractice lawsuits. When a surgical error or complications from surgery result in the death of a loved one, the family members of the deceased should pursue a wrongful death action. Common surgical errors include: improper administration of anesthesia; damage to internal organs; infections due to poor intra or post-operative care; prolonged surgery; improper surgical technique; and blood clots.
How Long Do I Have to File a Medical Malpractice Wrongful Death Suit?

Generally, you have one year from the date of death within which to file a wrongful death suit. There are some exceptions which a knowledgeable wrongful death accident attorney could advise you.

What Can I Recover in My Medical Malpractice Wrongful Death Action?

Some of the most common damages you may recover for in a wrongful death action involving the death of a loved one due to medical malpractice include:

Loss of love and companionship
Pain and suffering
Medical costs
Funeral expenses
Mental anguish
Lost benefits
General damages
Punitive damages (if intentional, reckless, fraudulent, or malicious conduct is involved)
If You Have Lost a Loved One Due to Medical Malpractice, Bailey & Greer Can Help

If you believe your loved one died due to the negligence of a medical professional or facility, contact the law firm of Bailey & Greer. Following the loss of your loved one, you likely feel afraid and alone. This, however, is no time to be alone. At Bailey & Greer, we will immediately begin investigating your case and determine how we can help you recover monetary damages. Your loved one deserves justice and so do you. Call us today at (888) 470-9143 or locally at (901) 352-5233 for a free consultation.

Frequently Asked Questions about Surgical and Other Medical Errors in Tennessee

As a patient who was required to seek medical attention for a serious condition, you probably researched your doctor, the medical staff, and the facility before committing to entrusting yourself to these professionals for surgery or treatment. You wanted to be certain that you would have the best care possible. The last thing that you thought about was that your doctor was going to make a mistake that would lead to a lifetime of pain and suffering for you. Now, you are left struggling to discover what went wrong. There are some questions that you may consider in trying to determine how this could have happened to you.

Did your doctor consider all the possible medical complications that could result from the medical procedure?

A surgeon or other skilled medical practitioner has the obligation to consider what complications can arise as part of an operation or treatment. These possible complications should be shared with the patient if it is necessary to understand the risks and benefits of the procedure. The doctor also should take all reasonable precautions to mitigate against the risk of harm.

Did your doctor warn you about the potential risks?

As the patient, you have the right to be informed about the risks and benefits of the proposed surgery or other treatment in order to make an informed decision about moving forward. If the doctor did not disclose alternative treatments, then he may be liable for the injury that resulted from the recommended surgery or treatment. The doctor does not have to discuss all possible alternatives, merely the ones that a doctor of similar skill and training would reasonably have presented to a patient. An experienced medical malpractice attorney can explain how the standard of care applies in this type of case.

Did the doctor respond in an appropriate manner when the complications arose?

In a situation like a wrong-site surgery, the reaction would be to recognize the mistake as soon as possible and take all necessary steps to mitigate the harm. However, this response also is important when something goes wrong in any surgery, even one being performed on the correct place in the right patient, or during other types of treatment. The doctor should recognize that there is a problem as soon as it arises and react with the proper medical solution without delay. The failure to act in a reasonable manner in accordance with standard medical practices is medical malpractice.

Did your doctor use the necessary medical equipment in the acceptable manner?

The evolution of medical equipment and machinery has followed the technology revolution that gives us smart phones and miniature tablets. A doctor may perform an entire surgery without ever picking up a scalpel, through the use of a computer and programmed laser. As wonderful as these advancements are, if they are not applied with the requisite skill, the harm may be catastrophic. It is critical for the doctor to have the appropriate training and hands-on experience to use this medical equipment properly.

As a patient, you may believe that your surgeons and other doctors are infallible and that anything that went wrong was unavoidable. The medical profession would like you to continue to believe this, but the truth is that mistakes happen and many injuries were preventable. The knowledgeable and dedicated Tennessee medical malpractice attorneys at Bailey & Greer, PLLC have the experience to evaluate what happened to you, with the assistance of expert medical professionals on whom they rely in these cases, and help you determine a plan to get compensation for your pain and suffering. To discuss what happened to you in a free and confidential consultation, please call us at (888) 470-9143.

What is Informed Consent?

If you believe that your doctor committed medical malpractice and did not provide a full explanation before obtaining your consent to a procedure and you were harmed in the procedure, surgery, or other treatment, then you may be able to pursue a medical malpractice claim that includes failure to obtain informed consent.

Some things to consider about what happened to you include:

What does Tennessee law require be disclosed to a patient?

The nature of the patient’s condition;
The nature of the recommended surgical procedure or treatment;
The risks of the procedure or surgery as determined by your doctor; and
The reasonable therapeutic alternative to the proposed treatment or surgery and the risks associated with those alternatives.
What risks should your doctor have disclosed to you?

Your doctor should disclose risks that are considered important as determined by what risks a reasonable person would consider important in making the decision about whether to proceed with the recommended treatment or surgery or forego it in lieu of another option.

When is informed consent not required?

In an emergency situation, there may not be time for a doctor to describe the potential risks of the treatment that is deemed necessary for the patient, usually in a situation where the procedure is required to save the life of the patient. Under these circumstances, the patient cannot pursue a medical malpractice action, even if the patient would not have provided the consent if he or she had been given the choice.

Are there other circumstances under which informed consent may not be necessary?

In the very rare case where the patient is deemed to be so emotionally fragile that the doctor reasonably believes that he or she would not consent to a life-saving procedure, the doctor may be justified in withholding some of the more frightening details and discussing the risks in broader terms. A patient who suffers from extreme anxiety may fall within this classification. This is a very unusual situation.

What happens when the doctor performs another procedure while completing the action to which the patient consented?

If a patient consents to having the doctor operate to remove a damaged spleen and discovers another serious medical condition that can be corrected while the patient is undergoing the initial surgery, then the doctor may not be liable for any wrongdoing if the additional procedure is a success and the medical need was compelling.

If the patient was a minor or was cognitively impaired, can informed consent be given?

In a case where a person lacking the capacity to consent to a particular treatment requires the medical care, the informed consent typically must be given by the guardian of the child or the impaired individual. There are limited exceptions to this requirement.

All medical treatments or surgeries carry some risk; however, that risk must be explained to the patient in sufficient detail that the patient can make the decision to undergo or skip the procedure with an understanding of the risks and benefits of that decision. If you have suffered harm during a medical procedure and you did not understand the risks of the treatment or surgery because the doctor did not explain everything in sufficient detail or failed to disclose a reasonable therapeutic alternative, then you may have a case. The experienced medical malpractice attorneys at Bailey & Greer, PLLC can discuss the specifics of your case and provide you with some viable legal options during a free and confidential consultation. To schedule an appointment, please call (888) 470-9143. At Bailey & Greer, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.

What is a Standard of Care and Why is it Important?

In order for your Tennessee medical malpractice claim to be valid, you must be able to show that during the course of your treatment, a health care provider deviated from the generally accepted practices and procedures (that other health care providers in your local area would use to treat patients who suffer from the same condition that you were being treated for). These generally accepted practices are referred to as the standard of care, the standard against which the actions of the defendant health care provider who you believe to have caused your harm will be judged.

The standard of care which should be applied to any given patient depends not only upon their geographic location and the condition for which they are being treated, but also upon their age, medical history, and a number of other factors. Establishing the standard of care in a Tennessee medical malpractice case is a matter which requires specialized knowledge. That is why the Tennessee Medical Malpractice Act (T.C.A. § 29-26-115(a)) requires medical malpractice plaintiffs to provide proof of the standard of care in their cases by presenting the testimony of a competent expert witness.

The Tennessee Medical Malpractice Act also specifies criteria which an individual must meet in order to be qualified as an expert witness who is competent to provide testimony on the standard of care which should be applied in a medical malpractice case. The criteria are strict, and state that in order to be deemed competent to testify on the issue of standard of care, a health care professional must have been licensed in Tennessee or a contiguous bordering state to practice a specialty which is relevant to the case at hand during the year before the date of the alleged incident of medical malpractice.

Standards of care are defined on a very, very local level. Tennessee courts have invalidated testimony which referred to a national standard of care, and have rejected testimony about regional and state-wide standards of practice. The law is very specific, requiring that the standard of care must be established for the community in which the defendant health care professional practices.

Establishing the proper standard of care is a crucial first step in obtaining a successful recovery in a Tennessee medical malpractice case. Once the standard of care in your case has been established through the testimony of a competent expert witness, you must then be able to show that the health care provider who treated you breached that standard of care. You must also be able to show that the health care provider’s breach of the applicable standard of care caused the harm that you suffered.

The standard of care is an essential element of your medical malpractice case. If you have been injured as the result of a health care provider’s negligence, it is important that you enlist the aid of knowledgeable and experienced counsel who can locate the expert witnesses that you need to establish the appropriate standard of care. The skilled Tennessee medical malpractice attorneys at Bailey & Greer, PLLC will evaluate your case, answer all of your questions, and sit down with you to help you determine the best way to proceed. We believe that health care professionals must be held responsible for the harm that they cause the patients who have entrusted them with their care and treatment. Please call our office today, at (888) 470-9143 to schedule a time to discuss your case. At Bailey & Greer, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.

Does Tennessee Have a Cap on Damages in Medical Malpractice Lawsuits?

One common question regarding medical malpractice in Tennessee is whether the state has limited the amount of damages that plaintiffs can recover in actions for medical malpractice. The answer is yes, Tennessee does have a cap on damages in medical malpractice lawsuits. Specifically, there is a non-economic injury cap of $750,000.00 for most medical malpractice actions. Cases involving a catastrophic injury have a non-economic injury cap of one million dollars. There are some exceptions to these caps, but since they are applicable to many medical malpractice actions, plaintiffs should be aware of their existence.

If the words that are used to describe the types of injuries and damages that are part of medical malpractice lawsuits seem unfamiliar to you, you are not alone. However, once you understand the meanings of terms like “catastrophic injury” and “non-economic damages, you will have a better idea of the potential for financial recovery in your medical malpractice case. A catastrophic injury is an injury which falls into one of four categories; spinal cord injuries which result in paraplegia or quadriplegia, amputation of both hands, both feet or one hand and one foot, third degree burns covering forty percent or more of the face or body, and wrongful death of a parent who leaves a surviving minor child for whom that parent had custody or visitation rights. Non-economic injuries include pain and suffering, reduction in quality of life, physical impairment, and loss of consortium. If you are wondering how you will be compensated for things like medical bills, lost wages, and other verifiable financial losses, know that they are addressed separately, as economic damages.

In addition to the cap on damages, there are a few other things that you should know about medical malpractice lawsuits in Tennessee. The statute of limitations for medical malpractice claims is one year from the date of injury, unless you did not discover the injury right away. If you did not discover the injury right away, you have a year from the date that you did discover it to file your malpractice claim. One final piece to the statute of limitations puzzle is that any claim must be filed within three years of the act which caused the injury, regardless of when the injury was discovered.

While the statute of limitations is important, it is perhaps even more important that potential plaintiffs understand that filing a claim takes time. There are a couple of things that you must do prior to filing your Tennessee medical malpractice claim. One thing that you must do is give the party or parties that you are suing notice of your intent to file a claim against them. This notice requirement is set forth in § 29–26–121, and requires that notice be provided to all defendants at least sixty days before you file your complaint. You must also file a “certificate of good faith” pursuant to § 29–26–122 of the Tennessee Code Annotated. In order to obtain such a certificate, a qualified expert must review your case and determine that your claim has merit.

If you or someone that you love has been harmed by medical malpractice, the experienced Tennessee medical malpractice attorneys at Bailey & Greer, PLLC are here to help. We believe that health care professionals must be held responsible for their negligent or wrongful actions, and that the victims of negligence or wrongdoing are entitled to caring and compassionate counsel. To learn more, call us at (888) 470-9143 to schedule a time to discuss your case. At Bailey & Greer, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.

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Are Spinal Fusion Surgeries Safe?

Sometimes, surgery is suggested as an option for relieving a health condition which is causing a patient to experience pain or discomfort. Some surgeries involve the use of surgical products, which are used to repair or replace parts of the patient’s body. Since medical products are manufactured items, each type of medical product may be offered for sale by several manufacturers. Surgeons who perform surgeries which involve the use of medical products often have a choice of which brand of product they will use for a specific type of operation that they perform.

Some medical products do wonderful things for the patients who receive them as part of operations which are conducted by skillful surgeons. Unfortunately, some medical products do not perform as intended, even if they are placed in the body during a surgery which is performed by a knowledgeable and experienced surgeon. Other medical products may perform as intended, only to create severe side effects at some point after they have been placed inside of the patient’s body.

Spinal fusion surgery is a type of surgery which uses screws, bone grafts, and rods to connect two or more vertebrae. It is often used to relieve back pain in patients with arthritis and other forms of degenerative disease affecting the spine. The fused area of the spine becomes immobile after the surgery, but irritation of the spinal nerves is usually reduced. Surgeons may use bone grafts from the patient’s own bone during the surgery. Sometimes, bone from another person is used if using the patient’s own bone is not an option. Synthetic bone grafts are also available from at least two medical products manufacturers.

One synthetic bone graft product which has been used in spinal fusion surgeries is INFUSE by Medtronic. The company has been through several Federal investigations involving payments and other gifts to doctors from Medtronic as inducements to use INFUSE in their practices. One investigation even examined allegations that scholarly articles which were written by doctors who were paid by Medtronic failed to disclose serious and life-threatening side effects of INFUSE.

Some of the possible serious side effects that a patient could experience following a spinal fusion surgery in which INFUSE is used are cancer, male sterility, degeneration of the bone tissue, and even death. While INFUSE was approved by the FDA for use only in specific types of spinal fusion surgeries, some surgeons have used it in “off label” applications. Off label use of INFUSE in upper back spinal fusion surgeries has been linked to swelling of tissues in the neck and throat which may cause difficulty in breathing, swallowing, or speaking. Some patients who experienced these symptoms had to undergo intubation or tracheotomy in order to find relief.

Every type of surgery carries with it its own set of risks, which patients may choose to accept in order to obtain the benefits which are promised to them by their surgeons. Some patients go on to recover from surgery and find relief from the pain and discomfort which led them to go under the knife. Other patients must undergo additional surgery to relieve additional pain caused by side effects of the initial operation. Still others must receive various types of medical treatment for side effects which were caused by surgery. Sadly, some patients even die from complications which arise during or after surgery. If you or someone that you know has been killed or injured as a result of complications from a surgery, contact the experienced Memphis Medical Malpractice Attorneys at Bailey & Greer, PLLC, today. Call (888) 470-9143 to schedule a time to discuss your case with us. At Bailey & Greer, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.

What is Failure to Diagnose?

Sometimes, a legal malpractice action is less about what a doctor did, and more about what they did not do. One type of legal malpractice action involves claims which arise when a patient either fails to improve or experiences a decline in their condition due to the failure of their doctor to diagnose and treat a medical condition. These claims are commonly referred to as “failure to diagnose” claims, and they often turn on the question of whether a competent doctor would have discovered the illness or would have made a different diagnosis after examining the plaintiff around the same time as the doctor who allegedly failed to diagnose the condition.

If you are wondering what kinds of illnesses sometimes go undiagnosed when a patient seeks medical care, there are many of them. For example, doctors occasionally do not catch a heart attack which is imminent, even when they present in the office with classic heart attack symptoms like chest pain and shortness of breath. Also, coronary artery disease, if left undiagnosed and untreated can result in a heart attack. Stroke is another condition in which patients may seek medical care upon experiencing early symptoms. If these symptoms are mistaken for something else, or if they are not recognized as the early signs of a stroke, then the patient may experience a stroke as the result of a failure to diagnose. Cancer, brain aneurysms, glaucoma, and many other conditions have been missed by doctors, only to have patients experience severe illness or death which could possibly have been prevented with a timely diagnosis and treatment.

As you might imagine, patients can be severely damaged and even killed if a doctor fails to diagnose their medical condition and recommend appropriate treatment. If a later diagnosis is obtained, it is possible that the person may still live, but the delay in treatment could cause results that are not as positive as the results which would have been likely with an earlier diagnosis and earlier treatment.

There are things which usually happen during a doctor’s visit which can lead to a diagnosis. One of the most important things that a doctor does while he or she examines you is asking questions. The questions that a doctor asks can help them to think about possible conditions which could be connected to the symptoms that you describe. Diagnostic testing often plays a role in failure to diagnose cases, as ordering the proper tests can ensure that a condition is discovered. Certain symptoms which a patient may be experiencing are likely to cause their doctor to suggest that they undergo specific tests to check the functioning of various parts of the body and check for signs that something is wrong.

A failure to diagnose a health condition can adversely affect your chances of a successful recovery. In some cases, such as those involving patients exhibiting symptoms of heart attack or stroke which go undiagnosed, it can even be fatal. If you or someone that you know has been killed or injured as a result of a failure to diagnose, contact the experienced Memphis Medical Malpractice Attorneys at Bailey & Greer, PLLC, today. Call (888) 470-9143 to schedule a time to discuss your case with us. At Bailey & Greer, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.

What is a Certificate of Good Faith?

When you are injured by the medical staff who were supposed to help you overcome an illness or injury, you may be facing a long road to recovery in more than one way. There are likely to be physical implications of the medical malpractice that you have experienced. Physical recovery will, of course, entail assistance from other medical professionals, which costs money. Medical malpractice lawsuits serve the purpose of holding medical professionals accountable when they make mistakes, and providing injured parties with compensation for the damages that they have suffered.

In 2008, major changes were made to Tennessee medical malpractice laws. As part of the changes, plaintiffs are now required to file a certificate of good faith with the court, in order to confirm that they have consulted with an expert and that the expert has determined that the plaintiff has a good faith reason to pursue their medical malpractice claim. Substantial compliance with this requirement is crucial to the pursuit of the plaintiff’s medical malpractice claim, because a court can dismiss any lawsuit in which the certificate of good faith is not filed and the plaintiff has no extraordinary reason, such as the illness or death of the plaintiff’s attorney or the expert who was consulted, for failing to file it.

As if having a complaint dismissed were not bad enough for a plaintiff, complaints which are dismissed for the reason that a certificate of good faith was not filed are dismissed with prejudice. When a case is dismissed with prejudice, the plaintiff is unable to refile the case. This is the worst possible outcome for the medical malpractice plaintiff, because it leaves them without the ability to pursue compensation for their injuries and to have those who caused their injuries be held responsible for their actions.

In a medical malpractice action, the manner in which the issue of a plaintiff’s failure to file a certificate of good faith is placed before the court is by the defendant’s filing of a motion to dismiss the complaint. In their motion to dismiss, the defendant must set forth an explanation of how the plaintiff’s actions did not comply with the requirements of the law. Once a defendant makes a motion to dismiss, the plaintiff must then show the court either that they did in fact comply with the requirement to file a certificate of good faith, or that they did in fact have an extraordinary reason for not filing a certificate of good faith.

Failure to file a certificate of good faith or to comply with any of the other notice and filing requirements of Tennessee law could result in the dismissal of your medical malpractice claim by the court. A dismissal could prevent you from recovering financially for your injuries. A skilled Tennessee Medical Malpractice Attorney can ensure that all of the statutory requirements are complied with so that you can pursue the recovery that you deserve. The knowledgeable Tennessee Medical Malpractice Attorneys at Bailey & Greer, PLLC, would like to speak with you about your case. Call us at (888) 470-9143 to schedule an appointment for an initial consultation. At Bailey & Greer, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.

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How do Tractor Trailer Rollover Accidents Happen?

One fairly common type of accident that tractor trailers can be involved in is the rollover accident. While any vehicle can roll over, tractor trailers are particularly prone to doing so. When a trailer truck navigates a curve, centrifugal force makes it lean away from the curve. If the trailer part of the tractor trailer unit leans too far, its high center of gravity can cause it to tip and roll over.

Tractor trailer rollover accidents can be caused by a number of things. Many rollovers happen when the driver of the truck does not adjust their speed to navigate curves in the road, such as on and off ramps. Sometimes, drivers who are drowsy or distracted suddenly snap to attention. As they do so, they may also jerk the steering wheel in order to get back into their lane or make some other sudden movement. This can cause a rollover, since tractor trailers are not designed to make quick maneuvers.

The contents of a trailer can also contribute to a rollover accident. Tanker trucks are particularly vulnerable to rollovers, because the liquid inside of them can slosh around and make the tank trailer move from side to side. Drivers are better able to adjust their driving to the type and weight of load that they are carrying if they load their own trucks, because loading a truck makes the driver familiar with the load. Sometimes, another worker will load a truck before the driver takes it on the road. This can contribute to rollover accidents because the driver is unfamiliar with the load and therefore unable to adjust their driving as well as they could if they were more familiar with it. Shifting loads that were not secured properly can also cause rollovers.

Vehicle maintenance greatly affects the performance of tractor trailers and it can be a contributing factor in rollover accidents. Poorly maintained brakes and suspension parts, as well as underinflated tires have all been implicated in multiple tractor trailer rollovers. Other drivers on the road can also contribute to rollover accidents if they veer into the path of a tractor trailer and the driver has to make a sudden change of course in order to avoid a collision. Despite the fact that both vehicle maintenance and errors made by other drivers can contribute to rollover accidents, the majority of tractor trailer rollovers occur because of an error made by the truck driver.

Whether the tractor trailer rollover accident that injured you or killed someone that you love was caused by drowsy driving, a poorly secured load, or some other factor, you can protect your rights by speaking with an attorney right away. The knowledgeable Tennessee Trucking Accident Attorneys at Bailey & Greer, PLLC will sit down with you to learn about your case, explain your options, and help you decide how to proceed. To learn more, call us at (888) 470-9143 to schedule a time to discuss your case. At Bailey & Greer, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.

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Our experienced and knowledgable Tennessee motorcycle accident attorneys discuss wether or not cruisers are safer than sport bikes.

Any type of motorcycle has the potential to be safe, as well as the potential to be dangerous. That said, there are statistics which show that motorcycle accidents happen more often with some types of bikes than with others. According to the numbers, sport bikes are involved in more fatal crashes than cruisers, resulting in approximately four times as many deaths.

There are differences between sport bikes and cruisers which may have an impact on how often they are involved in accidents. For example, sport bikes are designed with a short wheel base and made with lightweight so that riders can make tight turns and accelerate quickly. These attributes make them easier for new riders and riders who have little upper body strength to control on dry pavement. On wet pavement, however, they are not as easy to control as cruisers, which are made of heavier materials and have a larger wheel base. People who ride cruisers must make wider, slower turns than those who ride sport bikes, and cruisers take a bit more muscle to maneuver.

While motorcycle design may play some role in how often each type of bike gets crashed, rider behavior is by far the most important variable. Each rider has their own individual riding style which makes it more or less likely that they will be involved in an accident. While it is important not to judge riders’ potential for safe or unsafe behavior based upon the type of bike they ride, there are statistics which attribute certain accident risk factors to one group of riders more often than another. For example, sport bike riders generally ride faster than those who ride cruisers. As a result, speed is often the root cause of more sport bike accidents than cruiser accidents. In contrast, alcohol is more often implicated in fatal crashes involving cruisers than it is for wrecks involving sport bikes.

Speed and alcohol are not the only potentially dangerous behavior that riders engage in while on the road. Aggressive driving maneuvers, such as weaving in and out of traffic, may cause an accident. Riding without a helmet may not cause an accident, but it does increase the risk of death or serious injury in the event of a crash. Inexperienced riders are also much more likely to crash than those with more miles under their belts.

If you have been involved in any type of motorcycle accident, whether you were riding a cruiser or a sport bike, it is essential that you get help from a Tennessee Motorcycle Accident attorney right away. The experienced Tennessee Motorcycle Accident Attorneys at Bailey & Greer, PLLC would like to hear about your case. We can answer your questions and explain your options. Once you decide how you will proceed with your motorcycle accident case, our attorneys will dedicate their energy to pursuing the results that you deserve. To learn more, call us at (888) 470-9143 to schedule a time to discuss your case. At Bailey & Greer, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.

Can Some Trucking Accidents Be More Dangerous Than Others?

Did you know that some trucks can be much more dangerous than others when they are involved in accidents? The cargo which is carried by certain trucks can be extremely dangerous, and capable of causing enormous amounts of bodily injury, fatalities, property damage, and environmental damage. Many Americans are unaware of how frequently crashes involving hazardous cargo occur. Between 2004 and 2013, there were over three thousand trucking accidents involving hazardous materials. Ninety one people were killed in those accidents, with many more injured. Over four hundred and fifty million dollars’ worth of damage was caused by the wrecks. Here are a few examples of the types of scenarios which can occur when trucks carrying hazardous cargo crash.

One tractor trailer which was carrying naphtha, a flammable substance, rolled over. The highway where the accident occurred had to be closed for twelve hours after the crash, as traffic was diverted onto other roads and emergency response crews cleaned up the spilled chemicals. The accident also caused injuries, both to the truck driver, and to other motorists who were involved in accidents in the heavy traffic which resulted from the original crash.

Another incident involving dangerous cargo occurred when the refrigeration system of a FedEx Custom Critical delivery truck containing two hundred gallons of liquefied peroxide malfunctioned. Liquefied peroxide becomes flammable at temperatures above fifty degrees, and it is highly explosive. As soon as the truck driver realized what was happening, he pulled over and called for help. Emergency response crews from eight different agencies rushed to the scene and shut down the road. They even evacuated a nearby business, to ensure that no one would get hurt. Their efforts paid off, and the situation was remedied without any injuries.

A third incident in which hazardous cargo caused additional problems during a trucking accident happened when a tanker truck and a pickup truck collided. The tanker overturned, and some of its corrosive liquid cargo spilled onto the roadway. Hazmat crews closed the road and spent a few hours cleaning up the mess, and local residents were asked to stay indoors, so that they would not inhale any fumes from the chemical spill. The road in the area of the crash was closed for several hours, and residents in the area were advised to remain in their homes and not go outside, so that they would not be exposed to chemical fumes.

Many times, we share the road with trucks that are carrying hazardous materials without even realizing it. Unfortunately, when these trucks get into accidents, there is a very large chance that one or more fatalities, serious injuries, and property damage will occur. If you have been injured in a Tennessee trucking accident, the knowledgeable Memphis Trucking Accident Attorneys at Bailey & Greer, PLLC will sit down with you to learn about your case, explain your options, and help you decide how to proceed. To learn more, call us at (888) 470-9143 to schedule a time to discuss your case. At Bailey & Greer, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.

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