Auto Accidents

The impact an auto accident can have on someone can be tremendous and costly. Auto accident injuries occur on a large scale every day. An auto accident lawyer understands the complexities that auto accidents entail, including both legal and insurance matters. Determining who is at fault for an auto accident can be difficult due to the many factors an auto accident can involve.

Contact us. A local auto accident injury lawyer is ready to help your accident case today.

Many causes of car accident collisions are due to:

• drunk driving
• drowsiness
• negligence
• distractions
• cell phone misuse
• aggressive driving
• poor road conditions
• mechanical failure
• speeding

One major accident causing distraction from above is misuse of cell phones. Research studies show that the number of cell phone subscribers has grown from 94 million in the year 2000 to about 130 million today. It is therefore not hard to imagine how many of them use their cell phone while driving. The National Highway Traffic Safety Administration (NHTSA) reports that 85 percent of these cell phone subscribers talk on the phone while they are operating a car. It has also been estimated that 6 percent of automobile accidents per year are caused by drivers talking on their cell phone. This means that a total of 2,600 people will die in cell-phone related car accidents this year.

Around 98 percent of reported accidents involve a single distracted driver concentrating not on the road, but rather on one of the following Rubbernecking (16%), Driver Fatigue (12%), Surroundings (10%), Child/Passenger Distraction (9%), Adjusting Radio/CD (7%), Cell Phone (6%)If you have been involved in a car accident that was, in your opinion, caused by an inattentive driver using a cell phone, you need the experience and knowledge of our lawyers to investigate your case to the fullest.

Slip and Fall Injury - top

As simple as they may seem, slip and falls are very dangerous. This area of personal injury witnesses thousands of injuries every year in the United States. An almost invisible crack or a small amount of soapy water can leave a victim in a wheelchair or with a permanent spinal cord injury. But there are many layers to premises liability, which is the area of law that encompassed slip and fall injuries. It can become very complicated when trying to determine fault, and to determine whether conditions were indeed hazardous.

Slip and fall accidents are personal injury and are one type of "fall down" accidents. There are four general types of slip and fall accidents:

1. Trip-and-fall accidents, where there is a foreign object in the walking path.
2. Stump-and-fall accidents, where there is an impediment in the walking surface.
3. Step-and-fall accidents, where there is an unexpected failure or hole in the walking surface.
4. Slip-and-fall accidents, in which the interface of the shoe and the floor fails.
   

Both the property owner as well as the injured person can be held to varying degrees of responsibility for an injury. The property owner has a responsibility to keep property safe. Each person has a duty to watch where they are going, as well as realize that there are things that fall or spill onto walking surfaces.

Ideally, an accident report should be completed at the time of the incident noting what happened, who witnessed both the accident and the conditions that caused the fall along with any other relevant information such as lighting. The requirement for a report is generally a store or business policy, rather than mandated by law. If a report is not completed at the business location or occurred at private location or was not observed by others, compile a record of what happened yourself. Include information such as a description of the circumstances, who was present, the comments made by those who saw or helped after the fall, and, if possible, take photos of the area. If you were physically hurt, have your injury checked out immediately to help substantiate your slip and fall injury lawsuit claim. You should later contact an experienced attorney to get the legal help you require.

Wrongful Death - top

1.What is a wrongful death claim? A wrongful death claim is a statutory cause of action that may be brought on behalf of a surviving spouse, children and parents of a decedent to compensate them for the losses they sustained as a result of the wrongful death of their family member. The "wrongful" act that resulted in death may have been intentional, reckless, or negligent as long as it is of the character that would have permitted the decedent to maintain an action for injuries had death not resulted.

2. Who can file a wrongful death claim? Wrongful death claims may be filed by the surviving statutory beneficiaries or the decedent's personal representative. The surviving statutory beneficiaries include the surviving spouse, children and parents of the decedent.

3. What are survival actions and who can file? A survival action may be brought to recover damages sustained by the decedent. The decedent's claims for personal injuries arising from the wrongful act that resulted in death are not extinguished by the death. Instead, they survive to and in favor of the estate, heirs and legal representatives of the decedent. Survival actions are typically filed in conjunction with wrongful death claims. If there is a legal representative charged with administration of the estate, the representative is the appropriate person to bring the survival action. If there is no legal representation, all of the heirs may bring the survival action jointly on behalf of the estate.

4. What types of damages may be recovered in a wrongful death case? Recovery by parents: Parents may recover for the loss of companionship and the society of their child as well as for the mental anguish caused by the death of their child. If the decedent was a minor child, the parents may recover the value of the child's services from the time of death until the date the child would have reached the age of maturity, less the cost of the child's support, education and the maintenance during the period of minority, plus the value of any financial contributions that the child in reasonable probability would have made to the parents after the child reached the age of 18. The parents of an adult child may generally recover the value of future financial contributions that the deceased child in reasonable probability could have been expected to make to the parent.

5. Recovery by spouse: A surviving spouse may recover damages for loss of companionship and mental anguish caused by the death of his or her spouse. The surviving spouse may also recover financial contributions that he or she would have received in reasonable probability, as well as the financial value of intangible services that the deceased spouse would have rendered in reasonable probability.

6. Recovery by children: A surviving child or children may recover damages for the loss of companionship and mental anguish caused by the death of his or her parent. A minor of the decedent may also recover the sum that the decedent would reasonably and probably have contributed to the maintenance of the child and the value of services that the deceased in reasonable probability would have rendered in training, advising and educating the child. Adult children may also recover the sum that the decedent would reasonably and probably have contributed to the child.

7. Other damages that may be recovered: In certain cases, claimants may also be entitled to damages for loss of inheritance as well as punitive damages.

8. What types of damages may be recovered in a survival action? Usually the recoverable amounts are limited to damages for physical pain, suffering, property damages and medical expenses incurred prior to his or her death. Funeral expenses and some punitive damages may be recoverable as well.

9. What is the first step in pursuing a wrongful death claim or survival action? Due to the complexity of the law surrounding wrongful death cases and the statutes of limitations for filings, an attorney who has solid experience in wrongful death cases should be consulted as soon as possible. This is critical!

10. What should I do if I am told I do not have a case? As with all major decisions, you should follow your instincts and seek a second opinion from another qualified professional.

11. What are the costs involved in pursuing a wrongful death case? Many attorneys will agree to handle wrongful death cases and survival actions on a contingency fee arrangement. This means that the attorney will not charge an hourly rate for his or her services, but instead will be paid a percentage of the recovery in the event of a settlement or judgment.

12. How long should a wrongful death case take? A specific time limit or quick resolution cannot be guaranteed, as all cases present a multitude of unique complexities. Some cases are settled prior to trial yet if litigated to trial a final resolution could take a number of years. In wrongful death cases, the time frame of the filings is critical to the final outcome of the case. Each state has specific limitations that must be analyzed by a qualified attorney to determine if they are applicable.

Medical Malpractice - top

Malpractice is a specific legal term related to lawsuits alleging various different circumstances leading to damage to a patient. Malpractice suits may allege various mistakes made by doctors or other medical professionals, including misdiagnosis, mistreatment, or various types of negligence. Not all errors in medical diagnosis and treatment are necessarily malpractice, because there are certain risks and margins for error that arise inherently in the practice of medicine.

Diseases Associated With Medical Malpractice
The top five diseases that receive monetary awards for malpractice, in terms of dollar value, are breast cancer, lung cancer, colorectal cancer (including colon cancer and rectal cancer), heart attack, and appendicitis. Surprisingly, the main allegation is a form of misdiagnosis, either delayed diagnosis or mismanagement of diagnostic testing. Typically, this delay or oversight leads to severe complications and often death. The severity of misdiagnosis of these conditions and the poor outcomes that may result tend to explain why large monetary awards can occur. For more information, contact us. 

Motorcycle Accidents - top

A motorcycle accident is usually more traumatic than an auto accident. Such accidents often involve serious injuries and can be personally and financially devastating. In spite of the stereotypes, the fact is that most motorcycle accidents are the fault of reckless automobile drivers and not the motorcyclist.

Often, negligent automobile drivers place motorcyclists at great risk of serious personal injury. Generally, the driver of the automobile does not notice the motorcycle until it is too late to avoid a serious accident that more often than not results in greater and more life-threatening injuries to the motorcycle driver.

The National Highway Traffic Safety Administration reported that in 2003 there were 3,661 motorcyclists killed and an additional 67,000 were injured in traffic crashes in the United States, 12 percent more than the 3,270 motorcyclist fatalities and 4 percent more than the 65,000 motorcyclist injuries reported in 2002. Additionally, more than 100,000 motorcyclists have died in traffic crashes since the enactment of the Highway Safety and National Traffic and Motor Vehicle Safety Act of 1966.
Many personal injury attorneys are hesitant to defend the rights of injured motorcyclists because of the perceived increased dangers associated with motorcycles and the mistaken belief that such accidents can be difficult to defend, even if the cause is the other party's negligence. The lawyers at The Law Offices of OGLE, ELROD & BARIL, PLLC are ready to defend you and guide you safely through the process of recovering the money you are owed.

All accidents cause great heartache for the victims and their families. If you or someone you love has been in a motorcycle accident, the same laws apply as if you were in a car or truck. These laws require that the person or company responsible pay for your motorcycle accident repairs and injuries. It is important you understand the dangers associated with motorcycles and the rights you have if you're ever in a motorcycle accident.

Disability - top

Disability claims with the social security administration can involve long periods of waiting for decisions, only to find that a case has been denied for benefits. For this reason, it makes sense to seek the advice and assistance of an attorney who specializes in representing disability claims.

Though there are many different methods to locate an attorney or lawyer in Tennessee for your legal needs, one means that is sometimes helpful--and underutilized--is contacting your State's Bar Group. These organizations typically keep a statewide list of attorneys and their areas of practice (including bankruptcy law, divorce law, personal injury law, and traffic law)

Additionally, bar groups can help potential clients find legal representation for their needs through the use of a lawyer locater program.

To find the best qualified legal representation for your case---in addition to using the standard means such as searching directories, relying on good referrals, and searching online---this is sometimes a beneficial option.

Even if the service provided is simply a means of referral, attorney associations can assist a disability claimant in locating a lawyer who specializes in disability claims and issues.

Workers Compensation - top

When injured at work, the employee should report the injury in writing to the employer immediately, but no later than thirty (30) days after the injury. In Tennessee, a form known as the "First Report of Work Injury" should be completed.

OBTAIN MEDICAL TREATMENT: The employee should be given a choice of three (3) physicians not associated together in practice. The list or panel of these physicians should be in or near the employee's community of residence. You have the privilege of choosing one physician from the list of three. The employee is then required to accept treatment from the chosen physician and should not see any other physician unless the chosen physician makes a referral.

PAYMENT WHILE OFF WORK: If a physician takes you off work for more than seven days, you may be entitled to temporary disability payments. An injured employee is not paid for the first seven (7) days of disability. On the eighth (8th) day, the employee is eligible for one day's benefits, on the ninth (9th) day, the employee is eligible for two days' benefits, and so on. If the employee continues to lose time from work through the fourteenth (14th) day, the seven-day waiting period will be picked up and the employee will be due benefits for all fourteen (14) days.

OBTAIN REPRESENTATION: Contact an attorney who knows the Workers Compensation Law. The Tennessee work comp law is complex and confusing. Unless you have an attorney who knows the laws, you will be left in the dark as to whether you are being treated fairly. Do not wait; there are deadlines that must be met or you may lose your right to bring a claim.