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|  Craig J. Lazarov is a leading Memphis TN and Eastern Arkansas Personal Injury Attorney and Trial Lawyer. Personal Injury accidents can be very traumatic for you and your family. You may be entitled to recover compensation for pain and suffering, loss of enjoyment of life, permanent disability, present and future medical expenses, property damage, loss of earnings, and permanent disfigurement. Your spouse may also recover damages for loss of society and companionship and for the loss of your services. Recovery is based upon the negligent act of the person causing your injury.
As a leading personal injury trial lawyer, Craig Lazarov has extensive experience in helping you and your family deal with personal injuries. An early detailed investigation, including photographing the accident scene, vehicles, and interviewing witnesses is crucial to the success of your case.
When we accept your case, we will begin promptly providing quality and experienced legal representation. We offer evening and weekend appointments upon request. Please let us know how we can help.
A personal injury or bodily injury claim may be made if a person (claimant) is injured by the negligence of another.
Personal injury claims include:
Motor vehicle accidents;
Wrongful death claims;
Personal injuries from defective products;
Malpractice; and
Slip and fall accidents.
In order to recover damages, the claimant must prove:
1. That the other person or business failed to use due care (the care which an ordinary, reasonable and prudent person or business would have exercised under similar circumstances);
2. That, as a result, the claimant was injured or killed;
3. That the claimant was not more than 51% negligent or at fault in the accident;
4. That the claimant sustained actual damages (such as medical bills, lost income, pain and suffering, or permanent injury).
Unless the following three (3) key elements are in place, you will have a difficult time with your claim.
1. An independent witness who will verify how the accident occurred and that it was not your fault. This is a particular problem with an intersection accident where the at fault driver claims he had the green light. This creates a swearing match between the parties.
2. Visible property damage to your vehicle, demonstrating that the accident was a substantial one. Low speed, minor property damage claims often bring low or no offers, and a lawyer is not likely to be able to help you with that type of claim.
3. Treatment by a medical provider for the injuries sustained. You will need a medical doctor or chiropractor to link the injuries for which you received treatment which were caused as a result of the accident.
TIPS FOR WHAT TO DO IN AN ACCIDENT
1. Call the police - even if there is no apparent personal injuries, it is advisable to contact the police. Injuries often show up later, and it is important that an officer investigate the accident promptly.
2. Do not comment - do not comment on the accident. Hasty, emotional admissions can be used against you in court. There will be sufficient time to admit blame later if the facts clearly show you were wrong.
3. Other driver - obtain the other driver’s name, address, insurance and license plate number. Ask to see the other driver’s license. You are required to exchange this information with all parties involved in the accident.
4. Witnesses - obtain the name, address and phone numbers of any witnesses at the scene as soon as you can. Eye witnesses are the key to establishing fault to the other party.
5. Take notes - make your own written notes on all significant circumstances concerning the accident as soon as possible.
6. Photographs - photograph the scene to preserve skid marks, position of vehicles and other physical evidence which may disappear after the accident. Be sure to take close up and distant photographs showing the direction of travel of all vehicles. Also obtain detailed photographs of all vehicles involved, showing the damage to the vehicle. It is also a good idea to obtain photographs of all sides of the vehicle.
7. Medical assistance - if you are hurt, see a doctor as soon as possible after the accident.
WHAT IS NEGLIGENCE
Before an injured person can recover damages, he must prove the accident was caused by the negligence of another party. After negligence is established, the injured claimant is entitled to bring a claim against the at fault party for the damages caused by his negligence. Negligence refers to a person’s failure to follow a duty of conduct or care imposed by law.
The injured person, known as a Plaintiff, has the burden of proving negligence and that such negligence was a proximate cause of the injury.
Proximate cause is a cause which a natural and continuance sequence produces the person’s injury. In order to prove proximate cause in a motor vehicle accident case, the treating doctor must testify the accident in question caused the Plaintiff’s injury.
In a typical automobile accident case, negligence is proven in one or more of the following ways:
That the defendant failed to use ordinary care by failing to keep a reasonable lookout.
That the defendant failed to use ordinary care by failing to keep his vehicle under proper control.
That the defendant violated the statutory rules of the road by proving the defendant was driving in a reckless manner, ran a red light, operated his vehicle in a careless manner, drove while impaired by alcohol, or many other statutory violations which prove negligence.
ATTORNEY’S FEES
Our personal injury plaintiff cases are normally handled on a contingency fee basis. This means a client pays no attorney’s fee until a monetary recovery is produced for the client. A recovery may be achieved through settlement, arbitration award, or a judgment by a judge or jury. The attorney’s fee in a non-worker’s compensation case is usually handled on a 1/3 contingency fee basis.
The attorney’s fee does not include client costs, which are the client’s responsibility. Client costs are out of pocket expenses that are incurred on the client’s particular case such as filing fees, court reporter fees, and expert witness fees, etc.
An injured person has nothing to lose and much to gain by contacting us for a free legal consultation. You may contact us by telephone at (901) 759-3489 or by e-mail at craigl@wblnlaw.com
Disclaimer: Tennessee law requires that we inform you that this is an advertisement. The information found on this website is not intended as legal advice. Persons reading information found on this website should not act upon this information without seeking the advice of legal counsel. Visiting this website does not constitute an attorney-client relationship. Certifications of Specialization are available to Tennessee lawyers in all areas of practice relating to or included in the areas of Civil Trial, Criminal Trial, Business Bankruptcy, Consumer Bankruptcy, Creditor's Rights, Medical Malpractice, Legal Malpractice, Accounting Malpractice, Elder Law, Estate Planning, and Family Law. Listing of related or included practice areas herein does not constitute or imply a representation of certification of specialization
Memphis Tennessee Car Accident Injury Lawyer
Covington Tennessee Car Accident Attorney | |
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