Memphis Injury Law Blog

Tennessee Dog Bite: Animals Had Previous History of Running Loose

james@lawferrell.com (James K. Ferrell) — Tue, 10 Nov 2009 11:52:28 -0500

It’s one of the most high profile dog bite attack cases that Memphis dog bite attorneys have seen in recent times. A Cordova woman was attacked by a pack of three pit bulls last Thursday as she was taking her morning walk with her son’s dog. The brutality of the attack and the owner’s previous record of letting his dogs run loose, have sparked an uproar in the community.

The three pit bulls apparently ran out from a nearby house, and attacked the victim, Helen Marshall’s husky. When Marshall tried to save her dog from the attack, the pit bulls turned on her. When help finally arrived, the 62-year-old woman was lying on the ground with several bite marks on her hand and arms. The dogs have been taken to the Memphis Animal Shelter. Marshall is still being treated for her injuries that include more than 50 bite wounds on her hands and arms.

As a Tennessee dog bite attorney, I know for a fact that those kinds of bites can be painful for a young adult to bear, and must have been especially traumatic for the 62-year-old woman who. According to Marshall’s husband, who is a school teacher, his wife’s hands are still badly injured from the attack, and she might not be able to return to her job as a data processor soon. To add to their worries, her medical bills are piling up.

The owner of the dog, Andre Robinson has been arrested, and this week, a judge lowered his $500,000 bond. Robinson’s neighbors say that the three dogs have been a menace ever since he moved to the area about a year ago. The Shelby County Sheriff’s Office has confirmed that there have been at least two calls about these dogs running loose. In fact, Robinson seems to have a maverick attitude towards dog ownership. His former neighbors also say that they had problems with his dogs running loose.

As a Memphis dog bite lawyer, I sometimes find that whenever there is a dog bite attack case like this one, there is passionate debate involving the keeping of certain breeds of dogs that are seen to be more aggressive, like Rottweilers and pit bulls. Unfortunately, I see that these aggressive breeds are often reared by people, who have little appreciation for the extra effort and care that goes into raising these dogs. The results are tragic not just for the victims of these attacks, but also for the dogs, who may have to be put down after an attack.

Are Tennessee Drivers at Risk of Uncontrolled-Acceleration Accidents Involving Toyota Vehicles?

james@lawferrell.com (James K. Ferrell) — Wed, 14 Oct 2009 16:38:26 -0500

As a Memphis personal injury lawyer, I have been following the recent recall of Toyota vehicles, as well as the controversy over the uncontrolled acceleration of several of its models, with great concern. Toyota is the largest automaker in the world, and thousands of Tennessee motorists drive these vehicles.

It does not appear that the massive recall of Toyota vehicles announced earlier this month completely addresses the problem of uncontrolled acceleration. A little background:

This month, Toyota announced it would recall 3.8 million of its vehicles from the US market because of floor mat installation issues that could contribute to uncontrolled acceleration. The floor mats may cause the accelerator to be jammed, leading to unintended acceleration. Such acceleration has already been blamed for the death of a family in California, when their Toyota Lexus accelerated without warning, and crashed. 911 calls from an occupant in the car suggest that the gas pedal was stuck, and the brakes had failed. Then came the recall, and even an apology for the four deaths from the president of Toyota Motor Co.

However, Tennessee residents who have experienced uncontrolled acceleration in their Toyota cars are not buying the floor mat story. An investigation by Channel 4 shows that there are several motorists in Tennessee who have complained that their Toyota pickups accelerated suddenly and without warning. Dover-resident Frank Visconi is one such victim whose 2007 Tacoma accelerated suddenly, and crashed.

The NHTSA had earlier investigated Toyota vehicles for any mechanical defects responsible for these sudden accelerations. It has investigated at least 102 cases involving Toyota vehicles, including the Tacoma, but ultimately ruled that it could find no mechanical defect. The agency seems to blame the problem squarely on the floor mats.

However, there have been instances in which Toyota vehicles without the floor mats, have also experienced an unintended acceleration. Product liability lawyers, who are investigating accidents involving Toyota vehicles, believe that Toyota's electronic throttle control system contributes to uncontrolled acceleration. That and not the floor mats, they believe, is the main cause for these incidents. Toyota continues to deny that there is any mechanical fault contributing to these accidents.

I hope the NHTSA will consider undertaking another investigation of the problem to rule out the possibility of a serious mechanical defect. Millions of cars owners around the country and thousands in Tennessee continue to be at risk from driving these cars.

James Ferrell is a Memphis personal injury lawyer representing injured victims of automobile accidents in Memphis and around the state of Tennessee.

Tennessee Teens at Risk for Accidents After Schools Cut Back on Driver Education

james@lawferrell.com (James K. Ferrell) — Tue, 06 Oct 2009 15:10:25 -0500

The economic downturn has had school districts in Memphis and around Tennessee implementing budget cuts, and limiting essential school programs. As a Memphis personal injury lawyer, I am concerned that one such cut could place teens in the state at an increased risk of accidents.

Several schools in Knox County, Tennessee have cut down driving education programs, while some have eliminated driving education completely. According to Knox News, this means that several students will not be able to access driving education classes at school. Last year, a driving education teacher from a Knox County school conducted a study on students from the 2009 graduating class. The study found that out of 422 seniors between 16 or 19 years of age, 35 percent who had received driver education classes had been involved in an accident, while among those who had not taken driving education classes, the accident rate was 45 percent. Also, among those who took driving education classes, only 0.9 percent were involved in more than one accident, while among those who had no access to driver training, the rate of multiple accidents was 14.3 percent.

According to AAA East Tennessee, for every teen motorist killed in an accident, there are at least two other people who are killed. Such statistics stress the importance of a formal driver education program for teen motorists in Memphis and elsewhere in Tennessee.

Last month, another related study conducted by researchers at the Children's Hospital of Philadelphia found that parents have a huge role to play in preventing accidents involving teen motorists. The study found that teenagers who owned their cars had a higher accident risk than teens who had to share their car. The difference in accident rates was significant. Among motorists who had their own cars, the accident rate was 25 percent, while among teen motorists who had to share their car with others, the accident rate was just 10 percent.

That’s not all. Teenagers whose parents were involved in their driving behavior, and set clear and strict rules for their children, were at a lower risk of accidents. These teen motorists had a 71 percent lesser chance of drunk driving, and a 30 percent lesser change of cell phone use while driving.

The Philadelphia study underscores what Memphis auto accident lawyers have believed all along. There is only so much that law enforcement officials and schools can do to install safe driving practices. Parents must play their part in educating teen drivers.

The most important lesson you could teach your teen motorist is that driving is not a right, but a privilege that comes with a set of duties and responsibilities. Now, with school districts in Tennessee cutting down on driver education classes in a bad economy, it’s even more imperative that parents step up and educate their children about safe driving practices and accident prevention.

Three People Injured in Tractor Trailer Accident in Greene County Tennessee

james@lawferrell.com (James K. Ferrell) — Tue, 29 Sep 2009 20:20:14 -0500

Three people were injured on Sunday in an accident involving a tractor trailer, a truck and a Tennessee Highway Patrol cruiser.

According to news reports, the truck was involved in installing reflectors on interstate 81 in Greene County, when a tractor trailer crashed into it. The truck was pushed into the cruiser nearby, leaving a trooper injured. The tractor trailer then went off the roadway and fell into a ravine. While one of the occupants of the big rig managed to crawl out through the sleeping compartment, the driver was trapped, and had to be extricated by emergency rescue personnel. Both the occupants of the tractor trailer were also injured. Tennessee Highway Patrol is investigating the accident.

It’s extremely fortunate that there were no fatalities in this accident. Collisions involving an 18-wheeler can quickly trigger off other accidents in the vicinity, and typically involve serious injuries and fatalities. We are talking about a collision with a massive piece of machinery that can weigh up to 80,000 pounds. The kind of force generated when a vehicle of that bulk crashes into a much smaller vehicle, can be strong enough to cause catastrophic injuries.

Truck Accident Fatalities Are Usually Traced to Trucker

According to National Highway Traffic Safety Administration statistics, every year, more than 5,000 people are killed in truck accidents across the country. Last year, an estimated 95 people died in Tennessee in accidents involving large commercial trucks. As Memphis truck accident lawyers see, all too often it’s the occupants of the smaller vehicle who have the higher risk of injuries in a collision with a tractor trailer. In fact, nationwide, a majority of tractor trailer accidents can be traced to the fault of the truck driver, while a majority of the fatalities involve the occupants of the smaller vehicle. Truck accidents in Tennessee can often be traced to speed, driver fatigue, alcohol or drug use, poor truck maintenance and defective road conditions.

Last week, the Senate conducted confirmation hearings for President Obama's nominee for head of the Federal Motor Carrier Safety Administration. The choice of Anne Ferro is a controversial one because of her past as a truck industry lobbyist in Maryland. As a lobbyist, Ferro had voiced her strong support for a rule passed by the Bush Administration, increasing the number of hours a trucker could drive consecutively. Truck accident lawyers in Memphis, Tennessee, and around the country had apposed the rule because it obviously increases the risk that fatigued drivers will fall asleep at the wheel, thereby increasing the chances of an accident. There has been enough evidence to show that truckers who drive for more than 10 hours at a stretch, have their risk of an accident sharply increased. In spite of this, Ferro threw her weight behind the rule.

As a Tennessee truck accident lawyer, I am definitely concerned about Ferro's record batting for the Maryland trucking industry. Truck safety is a concern now more than ever, and I hope Ferro recognizes the importance of keeping trucklers and motorists in Tennessee, and around the country, safe.

Fatal Accident in Memphis Puts Spotlight on Teen Motorists

james@lawferrell.com (James K. Ferrell) — Tue, 22 Sep 2009 16:52:10 -0500

Last week, hundreds of Memphis students turned out to pay their respects to a teenager who was killed in a multi-vehicle accident. 14-year-old Walnut Grove-resident Meredith Fox was killed last Tuesday when the car she was riding in crashed on the Walnut Grove-Humphrey's flyover. According to news reports, the Isuzu Trooper struck a curb, and ended up flipping over. Another passenger continues to be hospitalized with serious injuries, while the 17-year-old driver sustained minor injuries.

Predictably, the accident has turned attention to teen motorists. According to the Centers for Disease Control and Prevention,

Motor vehicle accidents are the number one cause of death for teenagers. Sixteen-year-old teen drivers have a three times higher chance of dying in automobile accidents than other motorists.
Teen drivers aged between 16 and 19 have the highest crash risk of any motorist on the roads.
Teens also have some of the worst driving behaviors, including low rates of seat belt use, and high rates of distraction from passengers.

Teen safety on the roads has also influenced the Ford Motor Company. The automaker announced earlier this month that its MyKey safety feature, which helps parents restrict and control their teen's driving, will be standard on a number of models, including the Taurus. MyKey helps parents set maximum speed limits for their children, shuts down the ignition system when teen motorists and front seat passengers are not buckled up, and offers a host of other safety features

Whether MyKey will impact teen accident rates remains to be seen.

As a Memphis personal injury lawyer however, I believe that no technology can take the place of the right driver education for teen motorists. We send too many young, brash and inexperienced drivers out on the road, without the right kind of skill sets to handle real-life driving situations. Driver education programs in Tennessee could do with stronger and more aggressive reinforcement of safety messages for these vulnerable motorists. Ultimately, that is what will prevent accidents, and create a generation of smart and informed motorists in Memphis, and around Tennessee.

Don't expect the truth from an insurance company if you've been in car wreck!

james@lawferrell.com (James K. Ferrell) — Sat, 15 Aug 2009 16:50:13 -0500

We recently had a potential client come into our office. This client was hurt in a car wreck in when she was stopped at a stop sign the other driver plowed into her from behind at a high rate of speed. Let's call her Client A.

Client A decided that she would try to settle the case on her own. She contacted the other driver's insurance company and began to work with them to settle the case. Over the course of several months of negotiations the insurance company kept telling her they would settle "next week". However "next week" always came and went without anything ever happening.

The truth of the matter is that the insurance company didn't want to settle. They are in the business of making money. And the less money they pay to settle claims, or even never settle claims, the more profit they can put in their pockets.

Eventually Client A became concerned. As the statute of limitations was soon expiring on her case she came to our firm. Luckily she did this in time and we were able to preserve her case.

In Client A's case the insurance company almost won. Their tactic of delay, delay, delay almost cost Client A by letting the statue of limitations expire. If that would have happened then Client A would not be able to recover anything.

Always remember this, the insurance companies are NOT looking out for your best interest. The only thing they are concerned about is their bottom line. If you are tackling an accident or injury case on your own be very aware of what is going on. And always understand when your potential case will expire!

If you've been hurt in a car wreck here in Memphis and need a lawyer visit our memphis personal injury lawyer site here.

Tennessee Legislature denies bill that would have capped amount in Nursing home abuse lawsuits

james@lawferrell.com (James K. Ferrell) — Mon, 27 Apr 2009 13:41:55 -0500

Last week Commercial Appeal columnist Richard Locker wrote about a bill that just died in the Tennessee House of Representatives – a bill meant to limit the amount of damages one could seek from nursing homes in liability lawsuits. The bill was meant to cap two kinds of losses: “noneconomic” (meaning pain, suffering, etc.) and punitive damages. Noneconomic losses would have been capped at $300,000, while punitive damages would have been capped on a sliding scale from $300,000 to $1.5 million.

We have to agree with the AARP argument in this case – if you cap the amounts that these nursing homes can pay out, you are likely to decrease the quality of care they will provide. If they know they can get away with a sub-standard basis of care and only be liable for paying out a limited specified amount, they will probably push the limits on how poorly they can perform before paying out limited monies in liability lawsuits. In fact, the article states that in a study run on states that have capped payouts, the overall quality of health care has declined measurably. On the other hand, states that have enacted quality standards have seen lawsuits decrease.

Because the bill did not move forward as the result of a tied vote, it could come back up as a possibility next year. What do you think Tennessee should do – move to cap payouts, or move to enact quality standards?

What Makes a Great Memphis Trial Lawyer?

james@lawferrell.com (James K. Ferrell) — Wed, 22 Apr 2009 10:51:48 -0500

As many of you may well know there has been a very well publicized feud between two Memphis area personal injury lawyers. The subject of the feud is whether or not Corey B. Trotz should be classified as as Top "100" Trial Lawyer. Another Memphis accident and personal injury lawyer is calling Mr. Trotz a great businessman, but not such a great trial attorney.

My friend Jonathon Stein wrote a great post on his California Person Injury and Insurance Blog about the feud. He did such a great job summing up the situation that I'm going to leave it up to his post to express my feelings.

"What Makes A Great Trial Lawyer"

This is always a fascinating argument. Here is the debate out of Memphis, TN from my friend James Ferrell.

This is simple from my perspective. First, if you want to call yourself a trial attorney, you need to try cases. That is what people think of when they think of trial attorneys. They think of an attorney who is in court.

Second, if you are looking to hire an attorney, you want a trial attorney. Why? Because that person will get more respect from the insurance companies. They know that an attorney who tries these cases will cost them more money. And they know they can, and often do, lose. Additionally, the insurance company knows that they do not have to make a fair offer to an attorney who does not try cases because there is no downside to them. They know he will settle the case at some point.

A trial attorney: someone who actually tries cases. And that is who you want on your side if you have been involved in a car accident.

"TV and billboard lawyers" -- most personal injury law firms on TV and billboard ads lack solid professional track records

james@lawferrell.com (James K. Ferrell) — Wed, 08 Apr 2009 18:01:56 -0500

Although Ken Shigley is a practicing attorney in Atlanta and isn't a Memphis personal injury or accident lawyer I wanted to share his latest blog post with all of my readers. Ken has written an exceptional post concerning "billboard" and "tv lawyers". Even though he is writing about Atlanta, the same thing rings true here in Memphis, Tennessee and Northern Mississppi.

As a serious personal injury attorney in Atlanta, Georgia, I am frankly embarrassed by the inundation of billboards and TV ads for personal injury lawyers who have little respect within the profession and seldom if ever set foot in a courtroom.

If you or a loved one has a serious injury or wrongful death case, you would do better throwing a dart at the attorneys section of the phone book than choosing a lawyer on the basis of a billboard or a 30 second TV ad. At least you would have a chance of getting to a decent, honest attorney who would know how to identify a specialist for an appropriate referral, rather than a "mill" that focuses on volume and accepts low offers rather than doing the hard work of litigation.

The subtly misleading slogans of the billboard and TV lawyers, e.g., “one call that’s all” and “all the help the law allows,” and their use of celebrity spokesmen on TV, does a real disservice to members of the public who are drawn into personal injury “mills” rather than to serious lawyers who would fight for them.

Of all the lawyers who heavily advertise on billboards, city buses and television, I know of only one (and I won’t say which one) who is actually a credible trial attorney. Most are virtually unknown in professional circles, except by reference to their advertising. Most seldom if ever try a case in court. Most never speak at continuing legal education programs, and attend barely enough CLE to keep their licenses. Hardly any are active in professional organizations.

When clients have asked me to consider taking over cases that those firms had been handling, I have been appalled at the lack of the most basic forms of investigation and preparation.

When I have had occasion to walk through the offices of a couple of “personal injury mills” I have been shocked at the high ratio of support staff to lawyers. In some instances I have found that secretaries and scantly trained paralegals have been handling the cases from beginning to end, and actually negotiating the settlements with insurance companies, with little attorney supervision.

I have seen letters from those firms to their own clients, twisting the clients’ arms to accept insurers’ settlement offers of no more than ten percent of the fair value those cases would have if aggressively represented.

Out of morbid curiosity, I ran a Westlaw search of the names of the top advertising lawyers in metro Atlanta, seeking reported decisions in which they appeared representing a party. Certainly court decisions that are reported in Westlaw are the tiny tip of the iceberg, and often do not reflect a lawyer’s greatest successes. Most cases are resolved one way or another long before they would result in a reported decision. However, I would expect that a lawyer who really fights the good fight for clients would occasionally have a case make it into reported decisions, even when we and our clients would much rather get cases settled without taking them that far.

First I ran a search for my own cases. It turned up 38 reported decisions in state and federal courts in 30 years, a little more than one per year. Nine of those were in the past decade, involving trucking accidents, serious personal injury, wrongful death and insurance law.

Then I ran the same search for four law firms we see constantly on billboards and television advertisements.

•    Perhaps the largest volume advertising lawyer has his name appear in only one reported court decision, a 1992 uninsured motorist insurance claim. But his ads with misleading jingles are on television in every major media market in Georgia, claiming that he is in each of those cities.

•    One of the biggest advertisers, who uses a Hollywood actor as a TV spokesman to portray him as a specialist in trucking litigation, appears in only one reported decision, losing a no-fault insurance case in 1992 while employed as an associate at a former firm. (No one in his firm has tried a trucking accident case, participates in the organizations of trucking trial attorneys, or has shown up at any of the national trucking litigation seminars where I have been a speaker.)

•    Another big advertising firm appeared in five reported cases between 1997 and 2001, losing four out of five times, but has appeared in no reported cases since 2001.

•    Yet another heavy advertiser, who has billboards and bus placards plastered as thick as they can stick all over the metro area, appears in just three reported court decisions, in 1983, 1986 and 1987. But the first of those doesn’t count because he wasn’t representing a client. He was unsuccessfully defending himself in a landlord’s dispossessory action.

Unfortunately, the United States Supreme Court has tied the hands of state bar organizations to effectively regulate lawyer advertising. The Bar can only prohibit "false or misleading" ads, and then only if someone files a grievance. Those who spend millions on TV ads and billboards, and who are better advertisers than lawyers, are skillful at staying just within the bounds of what they can get by with.

Federal courts have tied the hands of bar organizations to limit the sleaze and misrepresentation in lawyer advertising, on the basis of constitutional protection of commercial free speech. I am keeping an eye on federal litigation in other states challenging stricter rules to restrict misleading lawyer advertising. If the federal courts allow tighter definitions of what constitutes false and misleading advertising by lawyers, I expect Georgia would follow suit.

Have you tried to settle your own car wreck or injury claim?

james@lawferrell.com (James K. Ferrell) — Tue, 07 Apr 2009 18:07:42 -0500

Does this sound familiar? Probably so if you tried to settle your own Tennessee or Mississippi accident or injury case.

I had a phone call today from someone who was injured in a car wreck here in Memphis back in November, let’s call her Lady A. She had been injured in a car wreck which was no fault of her own and the at-fault driver did not have any insurance. When Lady A attempted to recover for the damages done to her vehicle, medical bills and lost wages her insurance company, which she pays monthly premiums to, only offered to pay her a small percentage of these costs.

What should Lady A do?

Luckily Lady A had ordered my book “7 Deadly Mistakes That Can KILL Your Memphis Accident Case” and read it. She knew that she needed to get tougher with the insurance adjuster if she wanted to handle the claim on her own. When she called my office I gave her a few other tips to help her collect the most that she can for her injuries. Hopefully she’ll get the money she is owed and will be able to handle her case. However, adjusters can be very tough to deal with and very aggressive. She asked me if I would agree to accept her case if she wasn’t able to reach a successful settlement on her own. I’m betting that I’ll be getting a call within the next week to help her handle this “smooth talking” adjuster.

Lady A’s case is similar to what a lot of my clients go through. They originally try to handle their car wreck or injury claim on their own, only to be frustrated by adjusters who are only there to make a profit for their company and not to help an injured client. At that point they turn to a good injury or accident lawyer here in Memphis to help them with their case. As attorneys who deal with insurance companies and adjusters on a daily basis, we can help you get what’s owed. Without all of the hassle of doing it on your own.

Yes, I'm a personal injury lawyer who loves Disney - But not frivolous lawsuits!

james@lawferrell.com (James K. Ferrell) — Mon, 06 Apr 2009 13:45:14 -0500

Any of my friends or family can tell you that I'm a huge Walt Disney World (WDW) fan. I love going to WDW, I love thinking about going to WDW and I even worked for WDW at one point in my life. But have you ever stopped to think about how many lawsuits are filed for personal injury and tort claims against WDW and the major theme parks down in Orlando? There must be tons of them right?

To be exact, according to the Orlando Sentinal, there were 447 personal injury and accident lawsuits filed against the major Orlando themeparks between January 1, 2004 and December 31, 2008. That's 89 lawsuits a year, or 1.7 lawsuits filed per week. That doesn't count any slip and fall, accident or injury claims that were settled without filing suit.

Many of these claims were for legitimate issues, such as when a taxi ran over a toddler. Yet many others were for comical claims, such as when a man sued for "embarrassment" when a ride attendent "challenged" him as he was entering a Fastpass line inappropriately.

The entire article can be read online at the OrlandoSentinal.com.

Just remember, if you've been in a legitimate accident where there were real injuries I'm here to help you. But DON'T call me or my office if you were did something wrong and were then "called out" and became embarrassed! Shame on you, you should be embarrassed. And you should be even more embarrassed if you're attempting to sue because of it.

What are the Tennessee and Mississippi Statute of Limitations?

james@lawferrell.com (James K. Ferrell) — Mon, 06 Apr 2009 12:18:31 -0500

People are always asking me how long they have to pursue legal action in a personal injury case before the statute expires, while other people don’t really know what it means when their insurance company tells them the statute of limitation has expired. Luckily, the answer is clear and simple: for a personal injury case, you have the following amounts of time to pursue legal action in your case:

Tennessee: 1 year

Mississippi: 2 years

Keep these time limits clearly in mind, especially if you are dealing with an insurance company – often, those companies will do all they can to extend your process of recouping money until after your statute of limitations expires, meaning that you are no longer able to pursue any legal action in your case. If you feel like you are being strung along by insurance or another company, I strongly encourage you to seek legal advice.

Hit by a car while crossing the street?

james@lawferrell.com (James K. Ferrell) — Fri, 27 Mar 2009 16:24:07 -0500

Just this morning we were reminded why it pays to always be cautious both when driving and walking in Memphis (or anywhere) – sadly, a pedestrian was killed by a car this morning on Elvis Presley Blvd. as he attempted to cross the road in the rain. Our heartfelt condolences go out to not only his family but also that of the driver, all of whom have to live with such an unexpected loss.
Please remember to take the following pedestrian safety tips into consideration the next time you are out on foot, especially in bad weather:

1. Always walk on sidewalks. If they aren’t available, walk as far to the edge of the road as possible facing traffic – make eye contact so they see you and you see them!

2. Cross only at marked crosswalks and intersections. We all get in a rush and would like to cross that road right now, but it’s better to take those two extra minutes to get to a crosswalk and cross safely than to risk it somewhere else.

3. Remember to not only look both ways, but look back again. A car could have just turned as you turned your head to check the other way, so it pays to look left, right, and left again to make sure the way is clear. And again, be more deliberate when the weather is bad and vision may not be as clear.

4. Drinking and walking can be just as dangerous as drinking and driving – your judgment is impaired just the same, as are your motor skills, so take the bus or a cab instead.

5. That blinking red hand really does mean it’s best not to cross right then! Pay attention to the traffic signals to give you cues when to cross and when not to.

Send me your personal injury, car wreck, slip and fall or workers comp questions!

james@lawferrell.com (James K. Ferrell) — Tue, 03 Mar 2009 16:56:47 -0500

Have a burning question that you've wanted answered?

Just send me an email at James@LawFerrell.com or comment to this blog post with your injury law, slip and fall or worker's compensation question and I'll try my best to help you out with an answer.

Questions can be about anything that you've ever wanted to know but have been afraid to ask. I'll put both the questions and answers in new posts this week. So fire away

Remember we cannot answer specific legal questions, and if you have any specific legal questions you need to consult an attorney to review your matter.

New rules on whether you can sue a nursing home

james@lawferrell.com (James K. Ferrell) — Fri, 27 Feb 2009 11:12:27 -0500

Earlier this week the Washington Post’s Cindy Skrzycki wrote an article about a measure passed quietly at the end of President Bush’s term in office that will severely hinder your and my ability to effectively sue nursing homes for abuse and neglect. The new rule re-designates state inspectors and Medicaid and Medicare contractors as federal employees. As a group, federal employees are protected from having to provide evidence to either side of a private lawsuit.

This change means much more legwork, legal fees, and extended timeframes for people pursuing justice against criminally negligent or abusive nursing homes. Once a relatively smooth process, requesting information is now causing stalling in the courtrooms, already affecting several cases.

What can you do about this? Contact your senators here in Tennessee or Mississippi to let them know how you feel about this new rule. They are elected to represent you, and your voice matters. See below for your senators’ contact information:

Senator Lamar Alexander, TN
Office of Senator Alexander
SD-455 / Washington, DC 20510
Main: (202) 224-4944
Fax: (202) 228-3398

Senator Bob Corker, TN
Dirksen Senate Office Building
SD-185
Washington, DC 20510
Main: 202-224-3344
Fax: 202-228-0566

Senator Thad Cochran, MS
United States Senate
113 Dirksen Senate Office Building
Washington, D.C. 20510-2402
Main: 202-224-5054

Senator Roger F. Wicker, MS
487 Russell Senate Office Building
Washington , DC 20510
Main: 202-224-6253
Fax: 202-228-0378

Morgan Freeman is being sued - Should he be?

james@lawferrell.com (James K. Ferrell) — Thu, 26 Feb 2009 12:22:35 -0500

The good people over at the Commercial Appeal today had an interesting article that states actor Morgan Freeman is being sued by Demaris Meyers. She was the passenger in the car Mr. Freeman wrecked in Mississippi back in August of 2008.

Ms. Meyers is claiming that the accident caused "serious and disabling injuries", including head trauma, a broken wrist, bruises and lacerations. And that on the night of the wreck Mr. Freeman was drinking. However, it is not stated that Mr. Freeman was intoxicated.

What's really interesting to me is that Ms. Meyers has retained Gloria Allred to pursue her case. I'm not so sure that this was a good decision on Ms. Meyers' part. The case was filed in Oxford, Mississippi and a quick perusal through the Mississippi Bar's attorney directory shows that Ms. Allred is not licensed in Mississippi and has most likely never been to court in Mississippi. In my opinion, a group of jurors would probably not look highly upon Ms. Allred and her style of law. Because of this I could easily see potential jurors being turned off and awarding Ms. Meyers a lower amount of money. In this situation it would have been better for Ms. Meyers to have chosen a local lawyer. There are plenty out there who are as equally, or even more qualified than Ms. Allred.

And in regards to the facts of the case and whether Ms. Meyers should recover anything for her injuries? In all likelihood she is entitled to recover. If Mr. Freeman was negligent in driving the night of the accident and his negligence caused Ms. Meyers to be injured he will likely be required to compensate her.

But for how much? It's pretty obvious that Ms. Meyers is going after a lot here. But it's also apparent that Mr. Freeman isn't willing to settle quickly and pay through the nose just in order to avoid the bad publicity that Ms. Meyers and Ms. Allred are trying to heap on him through the press conference that was conducted today.

No one EVER holds press conferences to announce these types of civil lawsuits. The only reason it's been done here is because settlement negotiations likely broke down and Ms. Allred is showing that she will play hardball. If Mr. Freeman was not in the public eye this never would have happened.

So, back to how much? In the end I see this case settling somewhere in the mid-to-low six figure range. But a lot depends on how bad the injuries where that Ms. Meyers suffered, and how badly Mr. Freeman wants this to go away. Both of these are things that only Ms. Meyers and Mr. Freeman know.

What do you think?

I've been away for a few days

james@lawferrell.com (James K. Ferrell) — Mon, 23 Feb 2009 12:56:35 -0500

Last Tuesday the Ferrell household was blessed with the birth of our second child! Our new son arrived healthy, and both him and his mother are doing great.

As many of you may already know my wife had a major surgery and a tumor removed from her esophagus by the Mayo Clinic in Rochester, MN a while back. Because of the type of surgery that was performed Katie has continued to have pain. The recent delivery of our son exacerbated that pain even more. Because of that I will be taking considerable time off over the next month to help with her care and that of our new son and three year old daughter.

I look forward to getting back to actively blogging here on the memphis injury law blog site with great and helpful information about Tennessee and Mississippi personal injury cases soon. New posts should be coming soon. Keep on the lookout!

In the meantime please call my office if you have any questions. As always, Chris Johnson will be happy to help you with any legal needs that may need to be addressed.

Ugh, Memphis personal injury lawyers are everywhere!

james@lawferrell.com (James K. Ferrell) — Thu, 19 Feb 2009 11:33:32 -0500

Just for kicks and giggles last week I set my tivo/dvr to record some of the daytime tv shows here in Memphis. No, I wasn't jonesing for some Jerry Springer. Nor was I trying to catch up with the latest legal tactics on shows such as Judge Judy or even Memphis' own Judge Joe Brown. I wanted to see who was advertising during these tv shows during the day. And boy was I blow away.

During one hour of recording I saw no less than seven different law firms advertising. I'm not kidding there were seven different firms all advertising for different types of personal injury and accident victims. All of them promised "Big Money", "Quick Settlements" or "Money in 30 days". They were all shouting the same exact message. And each of them had their own little gimmick and photos showing ambulances and car wrecks with blue lights flashing. Is this what these firms think that injured accident victims are interested in?

Put yourself in the shoes of someone who's been involved in a serious car wreck or truck accident. Would you want to hire a law firm that shows lawyers swinging a bat, stomping on cars, or having car wreck scenes and ambulance photos plastered throughout the ad? Do you really think that a jury takes these guys seriously when or if they ever see them in court? (Here is a little secret, most of these guys on tv have never, or rarely even see the inside of a court room.)

Soon I will have tv spots for my book "7 Deadly Mistakes That Can KILL Your Memphis Accident Case" on tv, and I'm proud of the fact that my book could help thousands of people understand how to choose a lawyer and how to recover more money for their injuries. But I make this promise, I will NEVER advertise during these daytime shows such as Maury, Springer or Judge Judy. It's not the kind of lawyer I am. My firm takes serious clients with serious injuries. Advertising during these shows undermine who we are and what we do, as well as possibly hurting the clients I may represent when we go to court.

If you were in an accident with medical bills or damages expected to toal at least $3,000 or more, a doctor is treating or has treated you, the wreck you were in wasn't your fault, and it happened less than one year ago in Tennessee or two years ago in Mississippi then our office would be happy to speak with you about your case. When I have clients who meet these guidelines we have outstanding results for them. However if you don't meet these requirements then call one of the other guys that advertise on daytime tv. Their specialty is handling large volumes of small claims. That's what they do. Handling ethical and large value claims is what we do!

If you'd like to contact the Ferrell Law Firm about your Tennessee or Mississippi car or truck accident case please fee free to call our office.

Have you ever wondered what happens during a car accident trial?

james@lawferrell.com (James K. Ferrell) — Mon, 09 Feb 2009 10:34:15 -0500

Most of you reading this blog have probably never actually taken part or witnessed a car accident trial or probably even any type of trial live and in person. If you haven't but would like to know exactly what goes on during the trial process our friends over at the Law Offices of Miller and Zois have put together an absolutely wonderful collection of transcripts from one of their trials where the lawyers argued over who caused a car wreck.

In these transcripts you can read exactly what went on during the trial. Everything from jury selection to opening and closing statements is included. It's extremely rare to see the transcripts from a car accident case published online so I'd highly recommend that you visit HERE to read the transcripts. Especially if you've been involved in a car wreck or truck collision in Tennessee or Mississippi and want to know more about how the nuts and bolts of a car wreck trial.

And if you have been involved in a car wreck or truck accident in Tennessee or Mississippi be sure to click HERE or call our office to order my free book "7 Deadly Mistakes That Can KILL Your Memphis Accident Case" before you talk to any personal injury lawyer or insurance adjuster. Ordering and reading my book could mean the difference between recovering for your injuries or walking away with nothing.

5 Tips to Avoid a Serious Car Wreck

james@lawferrell.com (James K. Ferrell) — Thu, 29 Jan 2009 12:16:00 -0500

No one ever wants to be involved in a car wreck or a lawsuit. Thankfully there are many, many ways to reduce the chances of major car or truck collision.

Here are our Top Five Tips to Avoid a Serious Collision in the greater Memphis and Midsouth area:

1. Pay Attention: In this time of deadline-driven, time-sensitive living, it is not at all uncommon to be answering a cell phone, rummaging through a purse, eating a sandwich, or even putting on makeup while driving. Try to eliminate your distractions so that you are more aware of your surroundings as you navigate the roadways.

2. Don’t Speed: We all admit to driving over the speed limit on occasion, whether it be 5 mph over on a side road or 10 mph over on the freeway. These extra miles add up, though – if you consider that they not only decrease your possible reaction time in a crash but also increase the stored energy that has to be released in an impact, it may make it worth it to slow down a bit and get to your destination safely.

3. Wear Your Seatbelt: It may not be “cool” for your teenager to wear it, but explain to them that the car they’re driving has a very specific mechanism to protect them in case of an accident, and that the seatbelt is a hugely important part of that mechanism. It keeps them snug in the safe zone as the car crumples around them.

4. Communicate While You Drive: Use your signals, make gradual lane transitions, take your time to brake, and leave yourself plenty of room for any moves you want to make. If you and others make an effort to keep the other drivers informed, there will be fewer instances of miscommunication on the road.

5. Keep Space and Pace: Give yourself room between the car in front of you and your front bumper – tailgaters aren’t just annoying, they’re dangerous. And by maintaining a regular driving pace (try not to speed up here, slow down there, zip around this car or that car) you’re creating a predictability that lets other drivers know you won’t suddenly dart over in front of them. Finally, give those trying to merge some space; that two-second delay won’t hurt your commute, and may even save a life.

Remember, you are not alone on the road when you’re alone in your car. Don’t let yourself get caught up in a spilled drink or sending a text back to a friend – you can’t forget that you’re piloting a two-ton vehicle, an effort that requires skill, concentration, and attention. No matter the size of your car or truck, be mindful of others so that you can avoid being involved in a Memphis car wreck or lawsuit!

If you have been involved in an accident and don't know what to do order my FREE book at www.MemphisAccidentBook.com or call anytime to speak to one of our Memphis personal injury lawyers.