Home  >  2015  >  April

When will it be too late to file a personal injury claim?

Generally speaking, you will only have a single year to file a personal injury claim in the state of Tennessee.  If you do not file your claim within this period of time, otherwise known as the statute of limitation, you will likely no longer have legal recourse available to you.  With this in mind, then, you should begin speaking with a personal injury attorney as soon after the accident as you possibly can.

To begin developing a legal strategy with one of the Memphis personal injury attorneys at John Michael Bailey Injury Lawyers, please call our Memphis offices at (866) 537-1881 today.

Quality Egg’s DeCosters sentenced to three months in jail

Eighty-year-old Jack DeCoster and his 51-year-old son Peter DeCoster, both owners of Quality Egg, have been sentenced to three months of imprisonment by United States District Judge Mark Bennett for knowingly allowing the distribution of their subpar egg products, thus leading to the 2010 salmonella outbreak that affected thousands in the U.S., News Channel 11 reported.

Investigators from the U.S. Centers for Disease Control said that the DeCosters were aware that their Iowa egg facilities were in danger of salmonella contamination but did not stop shipment of their products, resulting in 1,939 known illnesses, although federal agents have suggested that the total number of victims may be as high as 56,000.

At John Michael Bailey Injury Lawyers in Memphis, we are committed to fighting on behalf of our clients’ rights and interests against those parties or individuals who have caused them harm. If you have been injured due to a contaminated food item or another dangerous product, call our offices at (844) 275-8422 today to learn about your legal options for recourse.

Elderly woman killed in Memphis multi-vehicle accident

Sixty-seven-year-old Florence Calloway lost her life in a multi-vehicle accident on Sam Cooper Boulevard in Memphis, Tennessee, Local Memphis reported on March 27.

According to the police’s preliminary investigations, a four-vehicle crash on westbound Sam Cooper Boulevard caused one vehicle to propel over the median and into oncoming traffic. Three other women were taken to the hospital, although fortunately their conditions were not reported as critical.

A witness to the incident, Andrea Westbrook, said she saw the fatal crash in her rearview mirror. Westbrook said cars began to stop, so their occupants could help evacuate people from a red van, as they were concerned it would catch fire.

The eastbound lanes of the boulevard were closed down until 6:30 p.m. to clear the site of accident debris.

One of the drivers involved in the incident, although it was not clear from the report which one, was cited for driving on a suspended license, financial responsibility, and a registration violation.

Attorney John Michael Bailey Listed among the Top 100 Trial Lawyers in the Nation

John Michael BaileyThe National Trial Lawyers, Top 100 Trial Lawyers
The National Trial Lawyers Association selected attorney John Michael Bailey as one of the Top 100 Trial Lawyers in the United States for 2015. This group includes premier trial lawyers from across the nation who meet strict qualifications in the areas of civil plaintiff or criminal defense law. This vote of confidence is one of the highest accolades a trial lawyer can receive among colleagues.

When asked for comment John Michael Bailey said, “It is an honor to be recognized by the National Trial Lawyers Association but the key to my success has always been the trust and confidence that my clients place in me to represent them and their families in times of crisis.”





Local Attorney John Michael Bailey Ranked in Top 1% of Attorneys in the Nation

John Michael BaileyNational Association of Distinguished Counsel
Local Attorney John Michael Bailey, of John Michael Bailey Injury Lawyers has been selected to the 2015 list as a member of the Nation’s top one percent of attorneys by the National Association of Distinguished Counsel. NADC is an organization dedicated to promoting the highest standards of legal excellence. Its mission is to objectively recognize the attorneys who elevate the standards of the Bar and provide a benchmark for other lawyers to emulate.

Members are thoroughly vetted by a research team, selected by a blue ribbon panel of attorneys with podium status from independently neutral organizations, and approved by a judicial review board as exhibiting virtue in the practice of law. Due to the incredible selectivity of the appointment process, only the top one percent of attorneys in the United States are awarded membership in NADC. This elite class of advocates consists of vested leaders of the legal profession from across the nation.

When asked for comment John Michael Bailey said, “I’m very honored to be recognized by the NADC but what I’m most proud of is being able to help my clients get the justice they deserve!”

Memphis Attorney Tressa V. Johnson Is Named Partner of Prestigious Law Firm

Tressa Valentine JohnsonJohn Michael Bailey Injury Lawyers announced on Friday, March 27th, that attorney Tressa Valentine Johnson had been named partner. Johnson, a graduate of Loyola University New Orleans College of Law, is known for winning large verdicts and fighting vigorously for her clients. As the senior managing attorney and top litigator for John Michael Bailey Injury Lawyers, Johnson is an active member of the Tennessee Association for Justice, the Memphis Bar Association, and the American Bar Association.

When asked to comment, Tressa Johnson said, “I fight every single day for my clients and it’s their strength in the face of great adversity that motivates me.”

Bicycle lanes to close on Riverside Drive

The experiment with bike and pedestrian lanes on Riverside Drive in Memphis is over, according to the Commercial Appeal on April 1, and the iconic road will revert back to four traffic lanes.

The creation of bicycle lanes was introduced by an urban planner commissioned by the city, but residents complained of increased traffic congestion. Moreover, reports indicated that car accidents on the road actually increased. Although the bike lanes were created to open access to the riverfront, only around 19 bicyclists a day used the road compared to 14,000 motor vehicles.

Mayor A C Wharton said the boulevard would return to its original configuration until a new plan is developed that will suit motorists as well as provide protection for pedestrians and bicyclists.

The attorneys of John Michael Bailey Injury Lawyers know how devastating the aftermath of an accident can be, especially for bicyclists and pedestrians who have little to no protection in such an event. If you have been injured due to the reckless actions of another driver in Memphis, our legal team may be able to help you pursue financial compensation to cover the costs of medical bills and other resulting expenses. Call our offices at (844) 275-8422 today to learn more.

Prescription Drug Injury and Class Action Lawsuits

Lawsuits involving prescription drugs and medical devices have garnered much attention over the past decade. Many of the new drugs and medical devices being made available on the market are more harmful than beneficial. Many people have been horribly injured by these medications and devices and are entitled to compensation; however, many people do not know how to make this happen. A short look at how these cases are handled by attorneys will inform you on everything you need to know about filing a claim for compensation.

First, let us look at some background information on class action lawsuits. All class action lawsuits begin as an individual case. A mass tort is created if the court system discovers that there are an unusually large number of cases being filed against a specific manufacturer. By definition, a mass tort is a civil action that involves many plaintiffs filing against a single defendant or several defendants that are connected a single product or service. Attorneys often advertise ongoing litigation to involve as many Plaintiffs as possible for the mass tort lawsuit. The courts will then allow the case to be litigated throughout multiple districts.

Multi district litigation is the first step in creating a class action lawsuit. If a class action suit is then created everyone who has an open case against the manufacturer will have the option to join the suit. Most clients choose to join the suit because it gives them the additional legal power needed to fight against large corporations with impressive legal teams.

Once a class action is established, the court will set a hearing date and anyone who has been injured by this product has until a specified date before the trial begins to join the suit. In some cases, this can last for up to two years.

If the Plaintiffs win the case, the court will also create a fund for people to join the lawsuit after-the-fact. This sets a time period for anyone to make a claim that was unaware of their injuries or of the possible compensation. For example, the mesothelioma case was settled 30 years ago, but the courts have chosen to let the case remain active for an extended period of time because of the time it takes for the disease to occur after exposure to asbestos.

Whichever option you as a client choose, remember to consult an attorney and make sure you entirely understand what to expect from a class action lawsuit. Your attorney can give you the most accurate advice on legal options regarding your specific injury and determine the best choice for your type of case.

There are often many advantages of joining a class action lawsuit. The national recognition of the problem leads to higher settlements. The group effort of many attorneys creates a very aggressive defense for every injured party. The court may overlook come issues in order to grant more rights to the injured parties. Also, the settlements in class action lawsuits are larger than individual settlements.

There are also disadvantages of joining a class action lawsuit. The case will take longer to reach a settlement than an individual case. Joining a class action lawsuit does not guarantee a victory in court. Settlement payments can take much longer to disburse to Plaintiffs. There is also a risk that the manufacturer can appeal if the cost is higher than what it previously anticipated. This will delay any form of compensation until the appeal process is over.

There are also advantages to filing as a single Plaintiff. The court must address your individual injuries to award compensation, and the process of filing as a single Plaintiff is often much shorter than a class action lawsuit. When filing as an individual, the Defendant is more likely to offer you a settlement out of court, avoiding legal expenses. Also, if you file a suit as an individual you will have more personal interaction with your attorney regarding your case.

While there are advantages to filing as a single Plaintiff, there are also disadvantages. A single Plaintiff will not have the same evidence present in a class action lawsuit. Drug and medical device manufacturers can become quite aggressive against your case because they fear it will lead to other lawsuits. The compensation could be less than what you would receive in a class action lawsuit, and the court may even require you to join a class action suit in order to receive compensation.

If you have been injured by a medicine or medical device, you should speak to a personal injury attorney to determine your rights as a victim. At that time, the attorney will discuss with you the option of filing a single case against the manufacturer of the product or joining a class action lawsuit. Both types of cases have advantages and disadvantages, and deciding which one to use will be a decision best made with legal advice.