Answers to Your Questions About Mid-South Injury Lawsuits

Have questions about what to do if you have been injured in a car or truck wreck in Tennessee or one of the neighboring states? Don’t know how to proceed if a medical error or birth injury has harmed or killed a loved one in Memphis or another Tennessee location? The experienced trial attorneys at the Holton Law Firm have the answers you need. If you do not see your question answered here, contact our office to learn more about your individual case.

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  • Can I sue the other driver even If I got a ticket after a wreck?

    Following your crash at a four-way stop intersection, you were issued a ticket by the officer who responded to the incident. You are certain that you were not at fault and that the other driver failed to stop at all before hitting you in the intersection. Since you were ticketed, you are wondering if there is any action you can take to recover damages from the other driver. Rest assured, all is not lost. It may still be possible to assign fault to the other driver.

    Determining Fault After the Fact

    The officer who responded to the crash did not see the crash and may not have even conducted an investigation. He may have Two Men Standing in Front of a Rear-End Collisionsimply ticketed both parties involved, or he may have wrongly determined fault based on the appearance of the cars or what the drivers said. In order to get traffic moving again, he may not have taken the time necessary to accurately assess the scene. With the help of an experienced car wreck attorney, there are some steps you can take after the accident to place fault where it belongs so that you can pursue an injury claim:

    • Interview witnesses. If you were able to collect names and phone numbers of witnesses at the scene, your attorney will be able to easily locate them for follow-up interviews. If you did not get this information, it may be available from the police report.
    • Reconstruct the crash. Attorneys often work with an accident reconstructionist who can examine tire markings, damage done to the cars, and photos of the scene to determine exactly what happened.
    • Obtain surveillance footage. If there are surveillance cameras in the area, footage may show the accident. An attorney will be able to secure this footage and submit it as evidence.
    • Depose the other driver. Before presenting your claim to the other driver’s insurance company, an attorney will question the other driver and get his version of events.
    • Correct or amend the police report. If the police report reflects the events incorrectly, an attorney can file a correction or amendment to the report so that insurance adjusters can hear your side of the story.

    If you truly were not at fault in the accident, these actions should prove that definitively and you could be compensated the full amount of your damages. However, if there is any doubt as to your contribution to the crash, you may end up sharing the blame.

    Tennessee’s Modified Comparative Negligence

    If the insurance company finds that you are partially to blame in the wreck, despite obtaining all the evidence you can, you may still be entitled to partial compensation. Under Tennessee’s modified comparative negligence law, if you are determined to be 49 percent or less at fault for the crash, you may be awarded the amount of your damages minus the percentage of fault. For example, if your damages total $100,000 and you are determined to be 40 percent at fault, you will be awarded $60,000. If you are 50 percent or more at fault, however, you will not receive any compensation.

    It’s Complicated—Call Us!

    Determination of fault and comparative negligence laws are complicated legal issues. Don’t attempt to navigate these waters on your own. Call the Holton Law Firm now to schedule a free review of your case. You have nothing to lose! 

  • It there Somewhere to Check to see if a Product has been recalled?

    Yes.  The Consumer Products Safety Commission maintains a web site where you can check for product recalls.  If you have questions about a specific product,  you can check it by going to

    http://www.cpsc.gov/

  • I just read that one of my Prescriptions has been recalled, what should I do?

    If you are taking a medication which is the subject of a recall,   you should contact your doctor immediately.  Make sure you advise your doctor what you are taking,  and where and when you heard of a recall.  Sometimes you may need to keep taking the medication until you are put on something to replace it.   

  • How Can I find Out if the Medicine I am on is recalled?

    Many times we hear from friends or family that a medication has been recalled.   Sometimes this is true,  but many times it can be just a rumor.   The Food and Drug Administration maintains a web site where recalls are listed and updated.   If you have questions about your specific medication,  you can check it at   http://www.fda.gov/Safety/Recalls/

    If you have questions about drug recalls and drug injury claims,  you can contact us at the Holton Law Firm so we can investigate your claim.     We keep up with the latest drug safety information and what claims are being brought and why.

  • What happens to the baby when there is Hypoxia during labor and delivery?

    Unfortunately,  hypoxia often affects the most sensitive and delicate part of a baby,  their brain.   Hypoxia can cause permanent brain damage when brain cells die because of lack of oxygen.  The longer the hypoxia lasts,  the greater the degree of brain damage.  That is why is it so important to take action when hypoxia is seen on the fetal monitor machine.

  • Can Hypoxia during labor and delivery be Corrected or Prevented?

    If a baby starts to experience hypoxia,  the fetal heart monitor will show evidence of “stress” on the baby.   As soon as that starts to show up,  the nurses should begin assessing why there are signs of stress, and notifying the Ob-Gyn of the situation.   If the stress does not resolve very quickly,  or becomes more severe,  a cesarean section is often the recommended procedure.

  • A doctor told me my child may have suffered from hypoxia during my labor and delivery. What is hypoxia and What causes it?

    Put simply, hypoxia is a lack of oxygen. 

    During labor and delivery,  Hypoxia is usually caused by something which stops or slows down the flow of oxygen and nutrients to the baby through the umbilical cord.  Sometimes the cord can be pinched or knotted.  It can also be wrapped too tightly around the baby’s neck.

    When hypoxia occurs during labor,  it will often show up on the fetal monitor machine which monitors mom and baby during labor.

  • My family lawyer talked to me about a potential medical malpractice, and he told me I didn’t have a case. Is it possible that he missed something?

    We frequently hear this scenario, especially with complex medical malpractice cases.  Many times, a lawyer who doesn’t frequently work medical malpractice cases may miss important details that can make a huge difference.  Those same lawyers may have never called a doctor for an expert opinion, and may not know of a reliable expert to review the case.  There is a reason that Tim Holton of the Holton Law Firm has been certified as a Medical Malpractice Specialist: he has years of experience in this field.  We will give you a free consultation, and put our decades of experience to work, and in the end, we will give you a candid opinion about whether or not medical malpractice has occurred. 

  • Are there Special Rules which Apply to Truck Drivers?

    Yes.

    Commercial truck drivers are required to have a CDL,  (commercial drivers license), and are regulated by the Department of Transportation.  The number of hours a commercial driver can be behind the wheel without a break is strictly regulated.     Commercial drivers are required to keep detailed log books about how long they drove,  when they rested and for how long.

    Most commercial trucking companies also equip their trucks with specialized GPS devices which can show how long the truck was driven at a particular time, as well as speeds, directions and stops.

    When investigating a wreck involving a Commercial Truck,  the Holton Law firm will get all GPS and driver log data to evaluate the truck driver’s conduct.

  • A health care provider told me that a previous surgery or treatment from another doctor or nurse caused my injury. How do I find out what the doctor did wrong?

    When investigating a potential Medical Malpractice claim, it is essential to obtain a full copy of all medical records about the treatment in question.  The medical records will contain all labwork, testing, imaging, diagnoses, and notes by health care providers about the treatment, and will allow an expert in the field to review the treatment for any possible errors.  The Holton Law Firm routinely requests and reviews medical records to determine if there was negligence or improper treatment.

     Having worked in the field of Medical Malpractice for decades, the Holton Law Firm has  many trusted experts who can provide us with opinions about what went wrong in a given scenario.