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 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.
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.
Are there Special Rules which Apply to Truck Drivers?
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.
Where do I get a Copy of My accident Report and how much will it cost?
If your car accident occurred in Memphis, the Memphis Police Department will have a copy of the accident report.
Accident reports are available for pick up in person Monday through Friday between 8 a.m. and 4 p.m. at 201 Poplar Avenue on the 11th floor. The cost is 50 cents per page. Most accident reports are 4 or 5 pages in length.
The Holton Law Firm will get a copy of your accident report for you as part of our initial investigation.
I was ticketed for the accident but it wasn’t my fault, can I still sue the other driver?
Just because you were ticketed for the accident does not mean that you can not sue the other driver. Tickets are written by the officer who is called to the accident scene.That officer did not see the accident happen and so all he can go on is what he is told by the drivers and witnesses. Police Officers are human and they do make mistakes. If you received a ticket for the wreck and it was not your fault, you should contest the ticket. Even if the ticket is not dismissed, you can still bring a lawsuit if it can be shown that the other driver was at fault. If the Holton law firm represents you, we will talk to all the witnesses and thoroughly investigate the accident on your behalf.
What is an Accident Report and why should I get a copy of it?
If you have been involved in a car or truck wreck, the accident report is the most important document you can have. The accident report is filled out by the officer who investigates your accident, and in most cases, it will have all of the information you will need to make a claim, or file a lawsuit.
The accident report will have the exact time and location of the wreck. It will have the names of all the drivers involved and their driver’s license numbers. It will also have the names of the owners of all the vehicles involved.
The accident report will also have the names, addresses and phone numbers of all of the witness who saw the accident and who were interviewed by the investigating officer.
In most instances the accident report will also have a statement about how the wreck happened and who was at fault.
The Holton Law Firm will get a copy of your accident report as part of our initial investigation.
I am not sure who owned the car that hit me, how can I find out?
All of the information about a car or truck wreck should be in the accident report which is completed by the investigating police agency. If the wreck occurred in Memphis, the Memphis Police Department will complete the accident report. If the accident occurred outside the city, in Shelby County, the Shelby County Sheriff’s office or the Tennessee Highway Patrol will complete the accident report.
I’ve been in a car wreck in Tennessee. If I was injured, how long do I have to file a lawsuit?
The time limit to file a lawsuit is called the Statute of Limitations. Each state has its own Statute of Limitations. There are also different Statutes of Limitations for different types of lawsuits as well as different Statutes of Limitations for Adults and Children.
In the case of a car or truck wreck involving injury to an adult, Tennessee has a one year Statute of limitations. What that means is in Tennessee, an adult has just one year from the date of an accident where they were injured to file a lawsuit. The one year Statute of Limitations for Personal Injury cases in Tennessee is a very strict deadline. If you do not file the lawsuit within that year, in almost all cases, you will have missed the deadline and you will not be able to recover.
In the case of a minor, (someone under the age of 18), the minor has until one year from their 18th birthday in which to bring a lawsuit for personal injuries from a car or truck wreck.
There are a number of exceptions to the Statute of Limitations which may apply in your particular case. We recommend you call the Holton Law firm as soon as possible to make sure that you comply with the statute of limitations deadlines.