Personal Injury Attorney Memphis

Fighting For Those Injured Due to Negligence in Memphis

Among the most inconvenient and overwhelming experiences is getting injured as a result of someone else's negligence in Memphis. Not only could you feel enormous pain and suffering, but also lose income due to your inability to work. Taking time off work to recover from your injuries may also hold you back from caring for your children, going to school, running errands, and participating in hobbies and social activities.

As such, you should not hesitate to fight for the highest compensation possible to help cover your medical bills, lost wages, pain and suffering, and more. However, you should not endure your fight alone. The Memphis personal injury lawyers at Francavilla Law Firm are on your side every step of the way. Should you hire our Memphis personal injury attorneys, you will receive personal, one-on-one attention, tenacious representation, close legal guidance every step of the way, and a personal injury lawyer backed by 25 years of legal experience helping people in your position get back up on their feet.

Are you suffering from injuries due to someone else's negligence? Call Francavilla Law Firm today at (901) 979-9992 or contact us online to get started with our Memphis personal injury lawyer.

Personal Injury Cases Our Memphis Lawyers Handle

Our personal injury lawyers understand that injuries can occur at any time and place. Thus, our Memphis personal injury team is equipped to handle a vast range of personal injury claims including, but not limited to: 

• Auto accidents
• Motorcycle accidents
• Truck accidents
• Train accidents
• Slip and fall accidents
• Boating accidents
• Dog bites
• Medical malpractice
• Product liability
• Wrongful death
• Workplace accidents

The Statute of Limitations for Personal Injury Cases in TN

In Tennessee, the statute of limitations for personal injury cases is governed by Tennessee Code Annotated (TCA) § 28-3-104. The statute of limitations for personal injury cases in Tennessee is generally one year from the date of the injury or discovery of the injury. Exceptions to this rule do exist, including: 

Understanding these exceptions can be crucial in deciding when and how to pursue a personal injury case. The Discovery Rule, for example, allows potential plaintiffs to file a claim if their injury was not immediately apparent at the time of the incident. This ensures that individuals have a fair chance to seek justice, even if symptoms only become noticeable well after the fact. Similarly, minors are given additional time to file, acknowledging their dependence on guardians who may not act quickly. Cases involving government entities necessitate extra caution, as they often require adherence to unique procedural rules and timeframes.

• Discovery Rule: If the injury is not immediately discovered, the statute of limitations may begin to run from the date the injury is discovered or reasonably should have been discovered.
• Minors: For minors (individuals under 18 years old) at the time of the injury, the statute of limitations is tolled (paused) until they reach the age of 18. They then have one year from their 18th birthday to file a personal injury case.
• Government Entities: If the defendant is a government entity or employee, special rules and shorter timeframes may apply for giving notice and filing claims. Typically, claims against government entities in Tennessee must be filed within 1 year of the injury.

It's crucial to act promptly if you believe you have a personal injury case in Tennessee to ensure compliance with the statute of limitations. Failing to file within the specified timeframe can result in the loss of your right to seek compensation for your injuries. Contact our firm today to schedule a free consultation and learn about your rights and options.

What to Do After Getting Injured in Memphis

Upon sustaining an injury, you may feel disoriented and frightened. Not to mention, you could feel serious pain and suffering. While these experiences are normal, you are responsible for taking the proper steps following your incident, as they will enhance your personal injury case and serve as powerful evidence in your favor:

In the immediate aftermath of an injury, documenting your condition and the accident scene can critically influence the outcome of your personal injury case. Clear photos, detailed notes, and accurate records help establish the seriousness of your situation. Additionally, refrain from discussing case details with the responsible party's insurance company without legal guidance, as premature statements can compromise your claim. Engaging a knowledgeable personal injury lawyer swiftly can protect your interests and streamline the complexities involved in seeking compensation.

• Get Medical Help: Whether you feel injured after the incident or not, you should seek medical attention right away. Many times, underlying injuries such as internal bleeding and inflammation develop after an injury but can't be detected without the proper medical screenings and treatments. Thus, you should see a doctor or emergency physician right after your accident, regardless of whether you're in pain or not. Your medical bills and referrals will also serve as evidence in your personal injury case.
• Call the Police: Filing a police report will not only count as significant evidence but also get the authorities involved. The officers who arrive at the scene may be considered witnesses who can testify in your favor should your personal injury case go to trial.
• Document the Scene: Record the responsible party's contact details, insurance information, and driver's license information. You should also gather witnesses' names and contact information, in addition to the police officer's name and badge number, when they arrive at the scene.

How Do I Strengthen My Personal Injury Case?

Strengthening your personal injury case involves more than gathering documentation. It's vital to maintain an organized record of all interactions related to your injury, including correspondence with medical professionals and insurance companies. Additionally, keeping a personal diary of your daily pain levels and how your injuries restrict your regular activities can offer compelling insights into the impact of the incident. Being thorough and methodical in these practices not only reinforces your case but also empowers your legal team to advocate more effectively on your behalf.

• Pictures and videos of the accident scene
• Pictures and videos of your injury
• Doctor's notes
• Bills related to your injury (medical, bank statements, etc.)
• Police reports

What Are the 4 Elements of Proving Negligence in Memphis

Injuries result from another person's or entity's negligence. Thus, to maximize your chances of winning your case, our personal injury attorney will work to prove the following four elements of negligence. Proving negligence requires a strategic and well-documented approach, as it forms the backbone of any personal injury case. Each element must be clearly demonstrated to establish the defendant's liability. 

Failure to adequately prove even one of these elements may significantly weaken your claim. Therefore, the assistance of legal professionals experienced in personal injury law is invaluable. They can help dissect complex cases, gather necessary evidence, and ensure every detail aligns with the legal standards required to substantiate negligence effectively.

• Duty of Care: The defendant was legally obligated to treat you with care and prevent harming you.
• Breach of Duty: The defendant breached their duty by acting or not acting a certain way.
• Causation: The defendant's actions, or failure to act, resulted in your injury, whether it be bodily harm or harm to property.
• Damages: The victim must prove that they suffered bodily harm or harm to their property to receive compensation, or damages, from the responsible party. Damages may include medical bills, proof of lost wages, pain and suffering, loss of consortium, and property damage.

Contact Our Personal Injury Lawyer in Memphis Today

Ready to begin your personal injury case? You've come to the right place. To our Memphis personal injury attorneys, nothing is more important than achieving the highest settlement possible from the responsible party. Through skilled negotiation and tireless dedication to your best interests, Memphis personal injury lawyer, Tim Francavilla, can work to secure maximum compensation in your personal injury case, and if you're not satisfied with the defendant's offer, our attorneys will take your matters to trial if that's what it takes to help you reach your desired outcome.

Initiating a personal injury case can feel overwhelming, but it doesn't have to be. At Francavilla Law Firm, we simplify the process, offering clear insights and strong advocacy tailored to your unique circumstances. By entrusting us with your legal matters, you position yourself to receive the highest level of care and commitment. We keep you informed at every step, ensuring transparency and confidence in the path forward. Reach out today and take the first step towards securing the compensation you deserve.

Contact Francavilla Law Firm today to speak with our personal injury attorney in Memphis.

Understanding Memphis Personal Injury Laws

Memphis, TN, adheres to specific personal injury laws that all residents should be aware of when pursuing a personal injury claim. The legal framework incorporates various statutes, including comparative fault and damage caps, which can significantly affect the outcome of any personal injury case. Tennessee adheres to the modified comparative fault rule, meaning if you are found to be 50% or more at fault for the accident, you cannot recover any damages. If you are less than 50% at fault, your compensation will be reduced by your percentage of fault. This aspect of Tennessee law underscores the necessity of having skilled legal representation to effectively argue your level of liability in Memphis courtrooms.

Additionally, in Memphis, as in the rest of Tennessee, there are certain caps on damages, particularly non-economic damages such as pain and suffering. Tennessee law generally limits non-economic damages in personal injury cases to $750,000, but this cap can increase to as much as $1,000,000 in catastrophic cases. Such caps can be intricate and may require a comprehensive understanding of local legal precedents and strategies to navigate them effectively, which a well-versed Memphis personal injury attorney can provide.

Why Choose a Local Memphis Personal Injury Attorney?

Selecting a local Memphis personal injury attorney provides strategic advantages in handling your legal matters. Local attorneys bring a deep understanding of Tennessee state laws, local regulations, and courtroom procedures, which is critical in efficiently navigating personal injury litigations. Familiarity with local courts and personnel can greatly impact case outcomes, and a local attorney will often have established relationships within the system, from judges to opposing counsel. Such relationships can aid in building rapport and negotiating favorable settlements more effectively.

Empathy and personal attention are also hallmarks of choosing a local attorney. Unlike larger, more impersonal national firms, a Memphis-based personal injury attorney offers personalized service that comprehends the unique challenges and specifics of the local community. They are not only accessible for face-to-face meetings but also invested in the welfare of their fellow community members, driving their commitment to achieving fair compensation for every client.

FAQs on Personal Injury Cases in Memphis

What Should I Bring to My Initial Consultation with a Personal Injury Lawyer?

When preparing for your initial consultation with a Memphis personal injury attorney, it's crucial to bring all relevant documentation that can support your claim. This includes police reports, medical records, photographs of the accident scene, witness contact details, insurance information, and any correspondence with insurance companies. Organizing these documents can help provide the attorney with a complete picture of your situation and allow for a more informed discussion regarding potential steps forward. Additionally, prepare a list of questions or concerns you may have about the process, which ensures that you leave the consultation with a clear understanding of what's involved and what to expect as your case progresses.

How Long Does a Personal Injury Case Take in Memphis?

The duration of personal injury cases in Memphis can vary significantly depending on several factors, including the complexity of the case, the willingness of the parties to negotiate, and the court's schedule. Some cases may settle within a few months if liability is clear and both parties are eager to avoid lengthy litigation. However, more complicated cases involving serious injuries or significant disputes over liability may take longer, potentially years, especially if they proceed to trial. Understanding that legal processes can be lengthy and preparing oneself mentally for the duration is essential. Your attorney can provide a more specific timeline based on the particulars of your case.

Can I Still Pursue a Case if I Was Partially at Fault in Memphis?

In Memphis, the law follows a modified comparative fault rule, allowing you to pursue a personal injury claim even if you were partially at fault, as long as your level of fault is less than 50%. If you bear some responsibility for the accident, any compensation you receive will be reduced proportionately to your level of fault. For instance, if you are deemed 20% responsible for an accident, your overall compensation would be reduced by that percentage. Navigating partial fault cases requires a careful analysis of the incident and compelling argumentation to minimize your liability, best handled by an experienced Memphis personal injury lawyer.

What Is the Average Settlement for a Personal Injury Case in Memphis?

The settlement amount for a personal injury case in Memphis can vary widely based on the specifics, such as the severity of the injuries sustained, the clarity of fault, and the available insurance coverage. On average, settlements can range from $10,000 to several hundred thousand dollars, depending on these factors. While minor incidents with clear liability might result in smaller settlements, cases involving severe injuries or long-term disabilities often yield larger compensation. It's important to note that each case is unique, and discussing potential settlements with your attorney can offer insights tailored to your circumstances and expectations.

Why Shouldn't I Handle My Personal Injury Case Alone in Memphis?

Handling a personal injury case without professional assistance in Memphis is fraught with challenges and potential setbacks. Navigating the intricacies of legal procedures, understanding complex legal terms, and effectively negotiating with seasoned insurance adjusters require specialized knowledge that professional attorneys bring to the table. By choosing to handle a case solo, individuals risk underestimating the case's value, failing to comply with specific legal requirements, or missing crucial filing deadlines. Moreover, legal counsel offers the reassurance of advocacy, as attorneys are dedicated to achieving the most favorable outcomes for their clients while providing guidance through each phase of the legal process, from filing claims to potential courtroom appearances.