Be extra safe when driving around school buses and children

Now that school here in Memphis, and across the country, are back in full swing, a horrifying trend has emerged.

Since Monday morning of this week alone there have been car crashes involving school buses in Wallingford, CT; Las Vegas, NV; Wrentham, MA; Franklin City, VA; Truxton, NY; Newark, NJ; Belton, TX; Pensacola, FL; Houston, TX; Tullahoma, TN; Cullman, AL; Taunton, MA; Hughestown, PA; and Raleigh, NC.

Just this week a school bus was involved in a crash closer to home in Hernando, MS. And here in Memphis last week, a car hit a school bus head on, resulting in the death of the car’s driver.  Our office extends our condolences and sympathy to all affected by these awful turn of events.

We would like to remind all drivers to exercise the maximum amount of caution when near school buses – not only are they extremely large vehicles that can cause you and your car extensive damage, they are also frequently carrying the most precious of cargo.  Remember to stay back at least 100′ from the rear of the school bus (the average car length is about 17′, so this is a healthy six car lengths away!) to give you ample time for braking should they make a stop.

Keep in mind that school buses are required by law to stop at railroad tracks.  If a school bus is stopped to drop off or pick up a child, you are not permitted to pass, and cars coming toward the bus must stop as well to allow for the safe crossing of the children.

Basically, the school bus drivers are obligated to exercise extreme care while operating the bus and this may cause them to travel, turn, or stop more slowly and methodically than their four-door counterparts – breathe through any frustration or delays this may cause you, and show the same care as you navigate around them this school year!

Car accident in East Memphis ends with fatality

The most difficult part about being a personal injury lawyer has to be working with families who have suffered terrible and unimaginable losses. Yesterday, as I was driving to get my daughter, I passed an accident on Walnut Grove that left me praying for the safety of all who were involved.

I’m used to seeing pictures and scenes from car wrecks and could tell that this one seemed bad. And, as I do every time I pass a car wreck or see an ambulance, I began to pray for those involved in the accident and their family. Unfortunately in this accident their was a truly terrible loss. I found out today that a young teenage girl who attended Evangelical Christian School in Cordova lost her life in the wreck.

As a father of two children myself, I don’t know how parents and families work through the grief, sadness and void that is left after the death of a child. My heart is ripped out when I see these families. As a personal injury lawyer here in Memphis, it’s my job to try to help families after terrible events occur in their lives. But these types of cases are difficult emotionally for us lawyers. This is because we see the pain first hand and do our best for our cilents, but no matter what we do and how well a job we do, it’s never enough. It never will be enough.

There’s no dollar symbol that can be put on a lost life, no “formula” to apply to make things better. We wish these families were never put in a situation that leads to them becoming our client. In fact, I wish there was no need for me to practice as a personal injury and accident lawyer. Unfortunately this isn’t the case, and tragic events do still happen. And when something horrible does occur we’re here to help.

Again, mine and my families’ prayers go out to the family of this young girl.

P.S. My advice to the parents of this child and others who go through similar horrible events? Take care of each other and your family until you can breathe and start to half-way live again. Don’t even think about anything else until then.

I do not see any reason for me to list the name of the victim in this post. If you would like to read the Full Article on the accident you can view it here in the Commercial Appeal.

Emergency vehicles have the right of way.

When you hear the sirens blaring and the lights flashing in your rearview mirror, it’s sometimes disconcerting.  We all get caught up in “Oh, shoot, don’t pull me over!  I’m not doing anything wrong!  What do I do??” rather than think of the rules of the road. 

According to Mississippi and Tennessee state laws, any emergency vehicle giving you visual or audio signals must be given the right of way.  Both states advise that you move to the right of the roadway if at all possible, and slow to a stop until the emergency vehicle has passed – of course if you can’t move to the right, move to the left, since it all boils down to making way for that emergency vehicle to get to its destination as quickly as possible.

The driver is held accountable for proceeding with due caution and ensuring the safety of all drivers.  But ever since I saw an ambulance crash into a car that didn’t heed its sirens at 45 miles an hour at Poplar and Kirby I try and remind everyone that they have a duty, too, to keep alert while on the roads and make way for those sirens – they’re not always after you!  And remember the Golden Rule and think how much you would be hoping for the ambulance to get to you at top speed if you were the one in need.  We’re all in this together!

Example simple demand letter for auto accident personal injury matter

Example

September 10, 2009

State Farm Insurance

Attn: Helpful Adjuster

Auto Claims Central

P.O. Box 20707

Murfreesboro, TN  37129

1-877-336-5759

RE: Our Client:                  Really Hurts

Your Insured:              Really Negligent

Date of Loss:              01/01/2000

Claim No.:                   9999999

Dear Mr. Adjuster:

As you are aware, this firm has been retained by Really Hurt regarding the injuries she sustained in the above-referenced accident. We offer this letter as an explanation of our client’s injuries with the hope that we may reach an amicable and early settlement of this case. It is our desire to avoid the cost and time consuming nature of filing a formal complaint with the court. We therefore ask for your help in reaching a quick and amicable settlement.

Background

The accident occurred on January 1, 2000, at the intersection of Beale Street and Front Street in Memphis, Tennessee. Ms. Hurt was the driver of her 2000 Mercedes.  She was at the stop sign at the intersection of Beale Street and Front Street when suddenly, and without warning, Ms. Negligent violently rammed her vehicle from the rear. Ms. Negligent’s reasoning for ramming Ms. Hurt was simply that she “wasn’t paying attention.”

The impact was substantial enough that it caused Ms. Hurt’s vehicle to be catapulted into the intersection. Ms. Hurt’s head struck the headrest, causing her two front teeth to be loosened.  It is estimated that Ms. Negligent’s vehicle may have been traveling as fast as thirty-five miles per hour when she unexpectedly, unlawfully and violently struck Ms. Hurt from the rear.

Ms. Hurt is a 67 year old woman who has spent her life helping others and working to improve her life. She has been employed continuously for the past thirty years by the Lending Hands Hospice. And prior to being hit from behind in the above mentioned accident she enjoyed her days as a nurse.

Damages

Following the accident Ms. Hurt sought attention at Baptist Memorial Hospital East and complained of pain in several different areas of her body, including injuries to her head, neck, shoulders, and back. A series of X-rays thankfully showed no severely traumatic injuries or serious internal injuries, and Ms. Hurt was released home and prescribed Lortab, Robaxin and Naproxen to deal with swelling and pain. Ms. Hurt was also instructed to follow up with Dr. Help Meout for physical therapy and continued monitoring.

Due to the severity of the impact, Ms. Hurt suffered from increasing pain in her neck, left shoulder, and upper back.  At this point Ms. Hurt became concerned because she had shown no noticeable improvement in her condition and sought additional treatment and therapy with Dr. Help Meout, which has lasted over three months and is ongoing. Ms. Hurt was diagnosed by Dr. Help Meout as suffering from acute trauma, acute and chronic cervical spine strain, muscle and neck spasms, limited shoulder mobility, and muscle tension headaches.  Further testing and an MRI conducted by Dr. Help Meout documented supraspinatus and infraspinatus tendinopathy of her rotator cuff tendon and shoulder.

Because of the limited range of motion, pain, stiffness and swelling Ms. Hurt missed considerable time at work.  She has continued to take medication to assist with pain and range of motion and will most likely be required to continue with medication indefinitely in order to deal with her ongoing and non-relenting pain. And because of this continued pain she faces the potential of injection and/or arthroscopic intervention for her shoulder in the future.

Since the accident and resulting injuries, Ms. Hurt has been extremely limited in her activities. She has lost twenty-four (24) days of work on the advice of her physicians. At the time of her accident, Ms. Hurt was employed with the Helping Hearts Hospice. Ms. Hurt’s duties as a nurse were such that it was necessary to be on her feet for extended periods of time while helping patients. Since her accident she has been changed to a clerk position rather than as a nurse, due to her limited mobility. She was earning approximately $1,125 per week. We enclose herewith copies of her pay stubs for the applicable pay periods.

Accordingly, the following is a tabulation of Ms. Hurt’ losses:

Really Hurt – Medical Specials and Lost Wages

●          Medical Visits & Co-pays                                           $ 8,697.01

●          Lost Wages                                                                  $ 4,809.10

(12 weeks  – Corporate Management and Associates)

TOTAL                                                                                                $ 13,506.11

Liability

It is undisputed that Ms. Negligent’s gross negligence and/or recklessness was the sole and proximate cause of the injuries suffered by Ms. Hurt.  In fact Ms. Negligent was cited by the Memphis Police for failure to maintain a safe lookout. This negligence caused Ms. Hurt to amass significant medical bills and numerous serious injuries which have caused pain, suffering, reduced mobility, and lost wages.  Despite the fact that Ms. Negligent was insured at the time of this accident, her grossly negligent and/or reckless driving which caused the accident are especially egregious under the circumstances.  It is probable that a Memphis jury would agree that Ms. Negligent’s driving was grossly negligent and/or reckless and therefore assess significant damages.  With that in mind, it would seem that State Farm would have a desire to settle this matter before litigation is necessary.

Conclusion

On behalf of our client, based on the above, we thereby demand the sum of $122,073.32, or policy limits, in full settlement of the claims set forth above. These amounts take into consideration all past, present, and future medical bills; lost wages; and pain and suffering.  It should be noted that Ms. Hurt still experiences headaches, soreness and reduced mobility in the affected areas and total recovery may never occur. In fact invasive surgical procedures might be needed to correct damage that occurred to Ms. Hurt’ shoulder.  The amount of the damages, coupled with Ms. Negligent’s grossly negligent and/or reckless driving, and complete indifference to the condition of the occupants of his vehicle, would seem to dictate a quick and complete settlement.

As you are aware, time is of the essence in this matter and if an amicable settlement cannot be reached before the statute of limitations expires on January 1, 2001 formal action with the court will be taken. However, we would prefer to settle this case without the necessity for further legal actions.

Please call me with any questions or concerns. I look forward to working with you.

Yours very truly,

Jami K. Ferrell

JKF/

Enclosures

Example Medical and Billing Records Request from a Doctor’s Office

March 1, 2050

Office of Dr. Help Meout

222 E. Shelby Dr., Suite 201

Memphis, TN  38116

Dear Ms. Assistant,

I am writing to request a copy of the medical and billing records for my client, Seriously Injured, who was first seen at Dr. Meout’s office on January 1, 2050.  Her patient number in your office is 9999.

I appreciate your help in this matter. Please send records either via fax to 901-881-6354 or by mail to the address above, to the attention of My Assistant.

Sincerely,

James Ferrell

Attorney

Ferrell Law Firm, PLLC

Did you ever think you’d need a Memphis personal injury lawyer?

Probably not. Most of the people who visit my personal injury law firm here in Memphis tell me that they never thought they would ever need to hire a personal injury lawyer. And most don’t even know how to hire a Memphis personal injury lawyer.

Some of the victims who walk into my law office are even ashamed to be here. They say things like “I don’t want to sue anyone” or “I never thought I’d need to hire a personal injury lawyer”.

It’s natural to feel that way. A good personal injury lawyer does not want to “screw over” anyone. Our job is all about honestly working for victims of car wrecks and accidents to make sure that they are compensated enough to take care of the injuries they received and damages that occurred when they were hurt by someone else’s carelessness and negligence.

As personal injury lawyers here in Memphis, we work extremely hard to make our clients happy and ensure that justice is done. This isn’t always an easy task, especially in a world dominated by large insurance companies with tons of money and power who try to deliver a huge marketing message.

Even President Obama is surprising some with his pro-business, anti-consumer rhetoric about tort reform. (Be careful what you wish for.) And don’t believe what you hear about tort reform. It’s all a big marketing push by doctors medical malpractice insurance companies to try to make more money at injured victims expense.

You should never be ashamed or embarrassed to call or meet with a personal injury attorney about your accident or injury. That’s why we are here. We work every day, battling big companies, big government and a society that is increasingly targeted by medical malpractice and liability insurers with a message about how lawyers are destroying the economy.

But that message isn’t true. Personal injury lawyers here in Memphis and throughout Tennessee, Mississippi and the rest of the country are the ones protecting the interests of normal, everyday people who have been injured.

Normal, everyday people – people who never thought they would be trying to find a good personal injury lawyer, much less meeting and hiring one – that’s who we represent. Never be too embarrassed or shy to call us, you owe it to yourself and your family.

welcomebottom

BEFORE you call or speak to an Insurance Adjuster

BEFORE you contact ANY Personal Injury Lawyer for a “Free” consultation about your Tennessee or Mississippi car wreck, worker’s comp or malpractice claim

YOU MUST:

Order my free book on How to Recover the Most for your Injury and how to avoid “killing” your case.

And, if you order one of our free books, we’re also going to send you a Huge FREE Package full of information that you can use to learn what to do. I’m also going to throw in a copy of  my non-boring, homemade, and actually useful newsletter (you’ll actually keep this and not through it away like all the other junk mail you get). I’ll also throw in a copies of my Special Report: Injury Case Roadmap, and Insurance Industry Settlement Tactics. If you’ve been hurt in a car wreck or injured in any type of accident these are a MUST READ. Make sure that you read these BEFORE you talk to any ajuster, hire a lawyer or sign any forms.

Are you in immediate need of this information or want to speak to someone right now? Call me today 901-754-1340, and I’ll personally ship all this great, free information to you.

Gone are the days of thumbing through the phone book searching for a personal injury, medical malpractice or worker’s compensation lawyer. And do you really want to use the personal injury lawyers running wild ads constantly during daytime television programs such as the Jerry Springer Show?

Do you wish there was a way to find out more information on how to deal with the insurance companies, navigate the legal process, and find out if you even need a lawyer – all without even having to speak to an attorney?

Now there is. LawFerrell.com offers  a new way to receive Valuable Free Information about your Memphis Car Wreck or Personal Injury Claim Before You Hire a Lawyer, Talk to the Insurance Adjuster or Sign Any Forms.

Why You Should Order Our Memphis Accident Book NOW

Tennessee and Mississippi accident, malpractice and worker’s compensation victims are starting to realize that insurance companies, especially in tough economic times like we’re having now, are not looking out for the injured victim’s best interest. Accident Victims here in Memphis, and throughout Tennessee and Mississippi, also have come to understand that most lawyer advertising is bad. The reason lawyer advertising is bad is because most personal injury lawyer ads don’t give any really USEFUL information. These injury lawyers are just trying to Shout Louder than the lawyer next to them (or in the next tv commercial). Instead of giving you useful information they are busy pretending to smash walls, hit home runs or say some catchy yet meaningless slogan!

You need to understand what you are doing BEFORE you go to any “free consultations” with an injury or accident lawyer. Do yourself a favor and get my free book, You may be surprised about what you learn! (This Offer is limited to non-attorney’s only, must be a Tennessee or Mississippi resident seeking information from personal injury lawyers. There is no cost & no obligation–just quality information.)

FREE BOOK: Memphis Accident Book: 7 Deadly Sins That Can Kill Your Memphis Accident Case

I’ll reveal to readers what the insurance company and their adjusters will try to do to keep from paying or reduce your personal injury or accident claim. The book will show you how even your own health insurance company could get your entire injury settlement all to itself, leaving you with nothing, and what you can do about it. The book also tells what ‘service’ provided by some personal injury lawyers can ‘kill’ to your Tennessee or Mississippi accident case.

Welcome

You probably are visiting my site because you, or one of your friends or family members, have been injured or hurt in an accident.

You want to know what to do to get help. That’s where I come in.

Legally I can’t say that I’m the best personal injury lawyer in Memphis.

But I can tell you that if I accept your case, and you become my client, I promise to fight aggressively on your behalf, give you honest opinions, handle your case with personal attention, and serve you with genuine compassion.

I only represent seriously injured victims of Car Wrecks, Worker’s Comp claims, Medical Malpractice, 18 Wheeler accidents, Catastrophic injuries and the families of Wrongful Death victims. And I limit the number of new clients I accept each year in order to give personal service to YOU.

Become my client today!

Call me now at 901-754-1340 or click here to get started.