FAQs

Experienced Personal Injury Attorneys Guiding Victims in Memphis and Beyond

At Nahon, Saharovich & Trotz, we are the largest personal injury firm based in Tennessee. We serve victims and their families in Tennessee, Mississippi, Arkansas, Kentucky, and Missouri. Our Memphis personal injury lawyers work diligently to prepare cases so that we are ready to try them if settlement negotiations stall. Over the last 25 years, we have recovered over $1 billion in settlements and verdicts on behalf of our clients. We answer our phones 24/7 and can meet with you at any location of your choice. We represent people who need a truck accident attorney or assistance in claims arising from car accidents, inadequate security, defective products, medical malpractice, nursing home negligence, and more. NST is also the way to go for workers’ compensation and Social Security Disability claimants, as well as employees who are pursuing claims for wage and hour violations.

If you have been involved in an accident or hurt on the job, you probably have many questions about your rights and options. Here is some basic information with which you can start. Please be aware that each situation is different, however, and it is important to consult an experienced injury attorney to discuss your specific circumstances in detail.

Q: Should I see a doctor?

A: If you are involved in an accident, you should obtain medical attention. In some cases, injuries are not immediately apparent, but it is important to be evaluated by a medical professional anyway. There may be internal injuries that you cannot see. The medical professional can advise you about whether there are any serious injuries and whether you should take time off work to rest and recover.

If an accident occurs on the job or is related to your job, you should notify your employer right away. In some states, such as Tennessee, your employer has the right to restrict your choice of doctors by providing a panel of doctors. You choose a physician from the employer's panel, and that physician becomes an authorized treating physician.

Q: How soon must I bring my claim?

A: The statute of limitations varies from state to state. Within a state, it may also vary depending on facts such as your age, the type of claim, and when you discovered the injury. Once you suspect that you may have been hurt due to the careless or wrongful conduct of someone else, you should immediately consult an experienced attorney to make sure that you are not prevented from bringing your claim.

Q: Can I recover compensation even if an accident was my fault?

A: Each state has its own comparative fault rules. Tennessee follows the rule of modified comparative negligence, for example. This means that the total damages will be determined, and percentages of liability will be assigned to each party found to be at fault. Your damages will be reduced by your percentage of responsibility. However, in Tennessee, if you were 50 percent or more responsible for the accident, you are barred from recovering compensation. This rule is also followed in Arkansas. By contrast, Kentucky, Missouri, and Mississippi follow the rule of pure comparative negligence, under which you may recover compensation as long as you were not completely responsible for causing the accident.

In contrast to personal injury litigation, fault does not matter in most workers' compensation cases or Social Security Disability claims.

Q: Whom do I sue to recover my losses?

A: It depends on the facts surrounding your accident and the various parties whose negligence or misconduct may have contributed to your injuries. If you are in a truck accident, for example, you may be able to sue any of the following parties: the driver, the driver's employer, the manufacturer of a defective truck part, a third-party company that loaded the truck, or the owner of the road where the accident happened. In a nursing home neglect case, you may be able to hold responsible the corporation that owns the nursing home, the property owner, and individual doctors or nurses.

In a car accident case involving an uninsured driver or a hit and run, you may need to turn to your own uninsured or underinsured motorist coverage to recover your losses. This may put you in an adversarial position against your insurer. While you are trying to establish the other driver's liability, your insurer may be trying to establish your liability to avoid paying your damages. An experienced attorney can make a difference in your case.

Q: What do I need to prove?

A: What you need to prove varies depending on whom you are suing, why, and which theory of liability is being asserted. For example, you may be able to hold a manufacturer strictly liable for a defective part that causes your car to roll over. However, you may need to prove that a truck driver was negligent to recover compensation after a truck accident. In a nursing home case, you may need to prove negligent hiring against the corporation that operates the nursing home, negligence and notice against the owner of the property, or medical malpractice against an individual doctor or nurse.

In most personal injury cases, you will need to prove your case by a preponderance of the evidence. Generally, this means that your version of events is more likely true than not.

Q: What is my case worth?

A: You may recover both economic and noneconomic damages if you are able to establish liability. The amount varies depending on your tangible losses, as well as the intangible losses that naturally result from that type of harm. Economic damages may include medical costs, lost wages, lost earning capacity, household services, and vocational rehabilitation. Noneconomic damages may include loss of consortium, loss of enjoyment, mental anguish, and pain and suffering.

Q: Will I need to go to court?

A: You may need to go to court if your case does not settle. Most personal injury cases do settle eventually, but more complex cases involving multiple parties may take longer to resolve. In cases in which an insurer or defendant does not make a fair settlement offer, we can file suit and try your case to a jury. If your case reaches a jury trial, you probably will need to go to court to testify about what happened and the damages that you suffered as a result of the defendant's actions.

Q: How long will it take before I receive my money?

A: It may take varying lengths of time to recover damages. In some cases, it may take a year or more because we need to wait until the full extent and severity of your injuries have been determined. While simple motor vehicle collision cases may be concluded within a year, a complex or catastrophic motor vehicle collision case involving future medical expenses or permanent disability may take longer. More complex cases, such as dangerous prescription drug cases or cases involving multiple defendants, may take more than a year.

Q: What should I do if I cannot afford an attorney?

A: We handle personal injury cases on a contingency fee basis. This means that we only receive our fee if we collect monetary damages on your behalf, and the fee comes out of the recovery.

Q: Should I accept a check from the driver who caused the accident or their insurer?

A: No, you should not sign a release or accept a check from someone at fault for your injuries or their insurer until you have consulted an attorney. Accepting a check may be considered a settlement that precludes you from pursuing further action against a negligent party or their insurer. In many situations, the full extent of the injuries after a serious accident is not known for months or even a year after the accident, and thus you may not know whether you need surgery or other expensive treatments right away. Some insurers offer a low-ball settlement immediately to try to avoid the potential for exposure to greater damages later. It is important to have your case evaluated by an experienced attorney before talking to an insurer.

Discuss Your Personal Injury Case with Our Memphis Lawyers

No matter your circumstances, the Memphis personal injury attorneys at Nahon, Saharovich & Trotz can evaluate whether you may have a case. Our 33 attorneys and more than 100 staff members are committed to handling cases from start to finish. We represent injured people in Memphis, Nashville, Knoxville, Chattanooga, Jonesboro, Little Rock, Jackson, Meridian, Tupelo, Columbus, Grenada, Starkville, Oxford, Hayti, and Caruthersville, as well as other communities in Tennessee, Arkansas, Mississippi, Kentucky, and Missouri. Contact our office toll-free by calling 800-529-4004 or by using our online form to set up a free appointment.

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