If you or someone you love was injured or killed as a result of someone else’s carelessness, call an experienced Olive Branch personal injury lawyer at Gatti, Keltner, Bienvenu & Montesi. Our attorneys have been helping individuals throughout the Memphis Tri-State Area recover compensation since 1970.
Over that period of time, we’ve developed an in-depth understanding of Mississippi personal injury law, and we have an extensive track record of success. Our attorneys can efficiently guide you through the complex claims process as we help you make well-informed decisions about the future. Contact our office for a free consultation to get started on your case today.
What Are Common Injuries You Can Sue For?
After being involved in an accident or incident, you could have endured a wide variety of injuries. However, it is important to remember that the type of injury you have a diagnosis will not determine your grounds for a case. You do not need to have suffered a life-threatening injury to have grounds for a claim. However, there are some types of personal injuries our attorneys see more frequently in the Olive Branch civil court systems. Some of these injuries include:
Whether you suffered losses due to a defective product, a negligent medical professional, a motor vehicle accident, or anything similar, we can handle it. As your representative, we will fight aggressively for the full and fair compensation you deserve. We know how important these matters are to you, which is why we are available 24/7 to clients. You can depend on us to be there for you when you need us most.
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When to Call a Personal Injury Lawyer for Help
Now that you know the type of injury you were diagnosed with will not determine whether you have grounds for a case, you may be wondering how to know whether you should contact an Olive Branch personal injury attorney for help. To have grounds for a personal injury claim, you will need to show that your injuries or the accident itself have had a significant impact on your life financially, emotionally, or physically.
You will also need to be able to show that another party’s misconduct or negligence contributed to your injuries. It may not always be clear whether someone else is at fault for your injuries. However, your attorney can learn more about how your accident occurred and the losses you suffered to determine whether you should move forward with an insurance or civil claim. Speaking with our personal injury attorneys is free of charge. Your initial consultation can give you a much better understanding of what to expect if you make the decision to move forward with your case.
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Establishing Liability in a Personal Injury Claim
One of the top responsibilities your personal injury attorney will have is proving fault. There are countless parties who could share liability for your injuries. Your attorney will need to closely examine the type of accident or incident that caused your injuries to figure out who is at fault. Some of the more common types of accidents, incidents, and events we see in civil courts include:
- Uninsured/underinsured motorist claims
- Construction accidents
- Motorcycle accidents
- Nursing home abuse
- Pedestrian accidents
- Slip and Fall accidents
- Catastrophic injuries
- Mass tort litigation
- Airplane accidents
- Railroad accidents
- Rideshare accidents
- Bicycle accidents
- Premises liability
- Dog bite injuries
- Product liability
- Big Rig accidents
- Wrongful death
- Truck accidents
- Hit and run accidents
- Bus accidents
- Car accidents
- Distracted driving accidents
- Drunk driving accidents
Liability will need to be proven based on a preponderance of the evidence. Your lawyer will need to show that the elements of negligence have been met as follows:
- Duty of care
- Breach of duty
- Causation
- Damages
Here, your lawyer will need to show that the defendant owed you a duty of care and made a decision that breached that duty of care. More than that, the defendant’s actions must have caused your injuries and left you with damages that had a considerable impact on your life. After having examined the type of accident you were involved in, your lawyer will have a clearer idea of who is at fault and how to best approach your Olive Branch personal injury claim.
Dedicated to Your Success and Satisfaction
Backed by more than 150 years of combined experience, our Olive Branch personal injury attorneys know what it takes to succeed. Using a vast network of experts and our extensive experience, we have what it takes to help you identify the parties responsible for your losses and hold them accountable both financially and legally.
We know that money cannot undo the damage that has already been inflicted, but it can help you rebuild your life and ensure your family and future are well protected. We truly care about our clients, and we only take cases on a contingency fee basis. This means you do not pay us legal fees unless and until we achieve a favorable resolution on your behalf.
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More About the Personal Injury Claims Process
Many injury victims hesitate to call a lawyer for help because they are intimidated by the claims process. When you have never been through an insurance or civil claim before, you may be feeling overwhelmed at the thought of pursuing your case. However, if you know what to expect, you may feel more confident as you move forward with your claim. Here is a general idea of what you can expect from the personal injury claims process:
- After hiring a personal injury attorney in Olive Branch for help, they will investigate the cause of your injuries
- Throughout the course of the investigation, your lawyer will obtain powerful evidence to support your case and prove fault
- Next will be an in-depth evaluation of the various ways your life has been affected by your injuries, so your lawyer can calculate the value of your claim
- Once your lawyer knows who is responsible for causing your injuries, it will be time to file a claim with the liable party’s insurance company and attend negotiations
- If your insurance claim fails to cover your damages and fall, your attorney will prepare to bring your case to court so you can recover your economic damages and non-economic damages in their entirety
It is important to consider that every person’s personal injury claim is different. Some people may be able to avoid going to court when insurance settlements adequately meet their needs. Other people do not have the opportunity to file an insurance claim because the defendant is not protected by an insurance policy. There is no one-size-fits-all approach to personal injury claims. Your attorney will need to customize your approach to maximize your compensation.
Statute of Limitations
The personal injury claims process is often complex. This is, in part, because there are many rules and regulations in place that could affect your claim. One of the most important laws you need to be aware of is the statute of limitations.
Under Tennessee law, personal injury claims must be filed before the one-year statute of limitations runs out. If your claim is not filed before the deadline, you will be barred from having your case heard in the Olive Branch civil court system.
Shared Fault Laws
Another law that could have an impact on the outcome of your case is Tennessee’s modified comparative negligence laws. Tennessee has a 50% threshold that allows injury victims to share up to 50% of the liability for their injuries and still be awarded compensation. Once your portion of fault exceeds this limit, you will no longer have the right to be compensated for your damages.
Expect your injury settlement to reflect a shared fault deduction that correlates with your percentage of liability. For example, if you were not wearing a motorcycle helmet when you were struck by a drunk driver, the judge might find you 50% responsible for your injuries. If the jury awarded you $5 million for your damages, your injury settlement would be reduced by 15%. Instead of having a $5 million payout, your compensation would be reduced by 15%, leaving you with $4,250,000.
Contact an Olive Branch Personal Injury Attorney for Help Today
In a free consultation, you can discuss your situation with one of our knowledgeable Olive Branch personal injury lawyers at Gatti, Keltner, Bienvenu & Montesi, and we can help you determine the best way to proceed. Our firm is proud to offer no-cost, risk-free consultations to injury victims here and in surrounding cities. Take advantage of the opportunity when you fill out our online contact form or call our office. We look forward to meeting you and helping you fulfill all your personal injury needs.
(901) 526-2126
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