Again, I’m a Mississippi State alum and a big fan of the school, but it seems like they’ve been doing everything right when it comes to marketing the program. And I think they’ve hit another big marketing homerun with their latest move.

For this week’s in-state football rivalry game the traditional endzone wording “MISS. STATE” has been replaced with the hashtag #HAILSTATE. For those of you not familiar with the MSU program, Hailstate is the name of our fight song and quickly becoming a ubiquitous phrase throughout the state for fans (and rivals) of the school.

Here’s a picture of the endzone that’s going to be shown on TV for viewers and fans to see. Again, it’s a masterful bit of marketing in my opinion. I’m sure that potential students will take notice of the message, as well as fans and arch-rivals. If you want to look like the up-and-coming forward thinking program and school that you are then this is a great way to show it. All I can say is, Hail State!

#1 Be Polite

Insurance adjusters spend their whole day talking to people who are demanding money from their company.  These conversations can be extremely adversarial, and a long day of dealing with angry claimants can really begin to wear on them, and understandably so.  The initial tone of a letter or a phone call can set the pace to how fast and effective the settlement negotiations can be.  Being polite to the insurance adjuster can only work in your favor, since it is likely that your initial conversation with them will not be your last.  Furthermore, insurance adjusters will take notes on every conversation they have had with you.  A simple note in their record, such as, “the claimant was very polite and patient,” can help your case stand out in a huge stack of disgruntled claimants.

#2 Be Assertive

While it is important to be polite, it is also important to appear confident.  You want to show that you mean business.  Remember, you are coming to them, and they are not obligated to hold your hand and guide you through the process.  You need to show them that you are in charge, and that you have the confidence and fortitude to take it to the next level if you need to.

#3 Be Organized

Collect and organize all the relevant materials you will need before you talk to the adjuster.  Promptly providing all of these materials shows the adjuster that you are organized and diligent.  Keep records of your medical bills, photographs, property damage appraisals, repair estimates, and sworn statements from the claimants, the insured, and any witnesses.  Remember, it is the adjuster’s job to determine whether the facts presented fall within the scope of the policy language, and he or she will only consider facts that are documented and supported by evidence.  Recall the old saying, “garbage in, garbage out”; the quality and completeness of the documents presented to the adjuster will directly affect the quality of any settlement offer.

#4 Know What You Are Asking For

Or even better, know what the adjuster is looking for.  Tailoring your strategy to focus on what the adjuster needs in order to complete your file can prove to be very helpful in negotiating a settlement.  An insurance adjuster’s primary goal in handling a case is to close the claim.  For this to happen, they are looking for proof in two things: proof of liability, and proof of damages.  Therefore, it is imperative to have a proper and complete documentation and calculation of your damages.  If there are any holes in your paperwork, the adjuster will spot it and delay the negotiation process.

#5 M.D. is Better than D.C.

Insurance adjusters are more impressed by the opinions of medical doctors than those of chiropractors.  While it does not hurt to deliver the opinion of your chiropractor to the adjuster, it would beneficial to have an additional report by a licensed physician.  Many times, solo reports from chiropractors, acupuncturists, physical therapists, and other professionals without the label of “M.D.” are instantly suspect.

#5 Know the “Red Flags” that Every Adjuster Looks For

Adjusters are always on the look out for “suspect” claims.  Knowing some of the triggers can help you from accidently falling into the pitfall of insurance surveillance and scrutiny.  A history of similar claims is never a good thing when dealing with an adjuster.  Unfortunately, there is no way around your documented past, so gearing yourself up for an uphill battle may be the best formula.  Furthermore, injuries and claims that occur at a “convenient” time are also suspect.  If you have recently been laid off from your job, been through a divorce, or had a monetary judgment against you, the adjuster may suspect you of trying to make a quick buck on a bogus claim.  Moreover, insurance adjusters are equally wary with regard to exaggerated claims, when the claimant’s disability seems out of proportion to the injury.  Additionally, claims filed on the same day of the injury also seem dubious, and it is good practice to wait several days before contacting the insurance adjuster.

#6 If You Feel You are Over Your Head, Hire an Attorney

Insurance adjusters are well trained in getting you to accept their lowest offer, and once you have, there is no turning back, since a binding contract has now been formed.  Many times, they will engage in tactics which result in you feeling like it is your best possible offer.  Remember, they are trying to save their company money. In my experience, an insurance adjuster’s first offer is always outrageously low.  If you feel like the insurance company has squeezed you into a corner, and that you have been taken advantage of, you may need to hire an attorney.  Insurance companies are notorious for preying on the “lack of knowledge” they deem people to have when handling their own claims.  Don’t be taken advantage of, and if need be, hire an attorney who will personally deal with the adjuster.

And as I write this blog post, I’m outside watching both him and my daughter ride their bicycles up and down our driveway, each with their trusty bike helmet on.

Long before I moved to Memphis (in pursuit of becoming the best personal injury lawyer in town) I was a young boy living outside the small Mississippi Delta town of Belzoni.

During my childhood days living in the country my bicycle was my freedom. I rode it everywhere. It wasn’t uncommon for me to start the day early in the morning by riding 6-7 miles to one of my friends homes via the small country backroads and dirt turnrows that connected local farms. But during those days I never wore a helmet. Heck, I never even thought of wearing a helmet.

These days I undertstand better, wearing a helmet while bicycling is a necessity to protect against potentially catastrophic brain injuries and even death.

As a personal injury lawyer here in Memphis I help people all over Tennessee and Mississippi who’ve been involved in bike wrecks where they were hit by cars whose drivers were not paying attention. I see all types of bad injuries that have happened to otherwise fit and in-shape athletes. It’s amazing (and sad) how much damage can occur to a rider who has been hit by a car.

Imagine what it’s like to be thrown across the hood of a car (or two) through the air, landing on your head when a vehicle suddenly turns in front of you, or a driver carelessly opens his door. I’ve had clients who have been been thrown over twenty feet from where they were initially hit. These clients suffered some pretty severe injuries, including vertebrae damage, broken collarbones, head trauma, concussions, and bad “road rash”.

But the one thing that each one of my clients had in common is that they were all wearing their helmets. And in every case these helmets have kept them from much worse injuries.

I’m always amazed when a client walks into my office and shows me his or her helmet that has been cracked into multiple pieces when he landed after a wreck, but who was able to walk away with only cuts and broken bones. It’s unquestionable that their helmets saved them from much more severe injuries.

So, the next time you’re out biking remember to always strap on your helmet. It could save you from that two-ton truck that doesn’t see you, or it might just be the root that grabs your pedal and throws you. Either way, you’re going to be much better with it on.

And one of the things we enjoy the most is reading these letters when they’re returned to us. That’s because these letters let me know if I’m on track and doing things that make my client’s happy, or let me know if I need to improve in certain areas to be able to even better serve you.

I’ve decided to start posting the surveys that I receive here in my Memphis office onto my personal injury law blog/website. This way if you have been hurt in a car wreck or accident in Memphis (or anywhere in Tennessee or Mississippi) and are searching for the right personal injury lawyer for your case then you’ll be able to see what my clients thought of my service. I hope this will help you decide if I am, or am not, the best personal injury lawyer to help you.

These are scanned, unedited, and directly from our clients. We’re not picking and choosing the best parts to show or manipulating anything.

Today’s survey we received was from a client who was hurt in a car wreck at the Tennessee/Mississippi border in Southaven. She was driving when a teenager sideswiped the car that her and her three-week old newborn were in. She was in her vehicle over 45 minutes while waiting on the “jaws of life” to extract her before the ambulance could take her to the hospital. She suffered injuries to her legs, neck, and back.

Click below to read the entire survey as a pdf.
Nogueira Personal Injury Testimonial Letter

Memphis attorney Jami Ferrell helps clients who are going through some of the most difficult times of their life. From his office in Memphis, TN he has helped personal injury and accident clients from East Tennessee to Ocean Springs, Mississippi. If you have questions for him you may reach him at 901-754-1340 or 1-888-GET-JAMI, or by email at James@LawFerrell.com

Very sadly, the there were severe injuries and a death from this accident. The westbound lanes have been blocked most of the day but are scheduled to re-open around 3:30. So if you’re in the area be careful.

Thoughts go out to each person involved in the accident, and their family members. Someone is getting the absolute worst news of their life today, so please take the time to say a prayer for them.

As my friend and fellow personal injury lawyer Clayton Hasbrook from Oklahoma City posted on his site, many accident and injury victims don’t realize that the personal injury defense attorneys are actually hired and paid for by the insurance companies.

The defendant’s in a personal injury lawsuit here in Memphis rarely, if ever, actually hire there own attorney. What actually happens is that there insurance company hires the attorney. And as you can tell from the video above, the insurance companies usually don’t want to pay anyone – including their own lawyers!

How much does the snow and ice effect the driver’s of Memphis? According to the Memphis Police Department yesterday, between noon and midnight, there were over 270 car wrecks and accidents that occurred. That means that there was a car wreck every minute and twenty seconds. I’m hopeful that most of these were only minor fender benders with no serious injuries to anyone. But it’s likely that out of 270+ car accidents at least one or two were serious enough to send either the drivers or passengers to the hospital or emergency room.

Luckily for all of us here in Memphis the sun has come out now and most of the snow and ice seems to have melted off of the roads. But the weather for tonight looks like it will be bringing temperatures down again into the low 20′s. So if you’re going to be driving after dark or early tomorrow morning be careful. The last thing you want to do is start your weekend off by getting into a car wreck.

We’ve been warning our clients for quite a while about the dangers of Facebook and how defense attorneys can use it to twist the facts against you. Here’s an example

Mr. Defense Attorney questioning you at trial

“So you’re injuries have kept you from being able to enjoy normal daily activities?”

Injury Victim on the witness stand

“Yes, I haven’t been able to do anything that I used to do.”

Mr. Defense Attorney

“Can you tell me who this is rollerskating in this photo (dated one month after the injury happened)?”

Injury Victim

“That’s me. But I only stood up on them for 10 seconds because my daughter begged…..(interrupted)”

Mr. Defense Attorney

“I understand. Rollerskating is not a ‘normal daily activity’ is it. I have no further questions your honor.”

And that’s exactly how your Facebook photos just torpedoed your personal injury case.

Now it seems that the Wall Street Journal has picked up on the problems that Facebook poses to those going through the court system. Read there information article here.

Unfortunately it’s too late for Ruby Rose and her family. According to reports, the driver of a Ford Expedition, who was driving in the opposite lane of traffic from Mrs. Rose, was struck from behind causing the Expedition to cross the I-240 median and crash into Mrs. Rose’s Chevrolet Malibu.  Mrs. Rose’s vehicle then struck an 18 wheeler before coming to a stop. Tragically, and I know shattering for the family of Ruby Rose, she did not survive the accident.

Medians barriers are needed on Memphis, TN interstates.

One of the saddest and most tragic aspects of this case is that this accident may could have been prevented if barriers had been in place on that section of Interstate 240. There are no laws that say a city, county, or state must have these barriers, but it would be a smart thing to do in the future to prevent accidents such as this one. And as a personal injury lawyer here in Memphis it breaks my heart to see a family have to go through heartache and pain because of accidents and wrecks such as this one.

I recommend that all of you contact local Memphis city leaders (or your public leaders wherever you live) and ask that they work to create safer interstates here. There doesn’t need to be one more death caused by this type of car accident. Let’s work together to build a better and safer Memphis for everyone.