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Workers Compensation Lawyer

In 2015, the most recent year for which statistics are available, the number of people killed in unintentional shootings in the United States was 489. It is unclear how many more may have been injured due to accidents involving firearms during the same time period.

If you have been injured in an accidental shooting, you may still have the right to file a lawsuit and seek compensation for pain and suffering, medical expenses, lost wages, etc. To determine who, if anyone, is liable, it is necessary to determine what caused the accident. Specifically, you need to determine whether the accident happened because of a manufacturing defect or improper handling. The former will involve a product liability lawsuit, while the latter involves personal injury.

Product Liability

It is almost impossible to bring a successful personal injury lawsuit against a gun manufacturer because of federal regulations in place that protect such companies from litigation in the event that the gun was used illegally. However, if the gun was used appropriately and an accident occurred anyway due to a defect in design or production, you may have grounds to bring a product liability suit. If the manufacturer failed to provide relevant information regarding possible risks of use, that could also warrant a product liability suit.

Improper Handling

This may include negligence on the part of the person who fired a gun or it could include reckless gun handling that is intentional. Negligent parties may include gun owners who have not received the proper gun training, parents who allowed their children access to guns, and people handling firearms while under the influence of drugs or alcohol. Reckless handling could include pointing a loaded gun at others, even without the intent to fire, or firing a gun into the air without thinking about what could happen when the bullet comes down.

Steps To Take

After an accidental shooting, there are important steps you can take to protect your legal rights. Your first priority should be receiving the necessary medical treatment. Once that is taken care of, do the following:

  • Preserve the Gun: If possible, prevent anyone else from coming in contact with the weapon so that any evidence that remains can be collected.
  • Communicate With Others: These include witnesses to the accident and the person who shot the gun. Obtain descriptions of the incident and contact information from each.
  • File a Police Report: This can be helpful in determining if criminal charges are appropriate in addition to civil charges.

Even if you survive an accidental shooting, you can still experience lasting after effects. Contact a personal injury lawyer in Trenton, NJ to find out what your legal options are.

 

 

Thanks to Davis & Brusca for their insight into personal injury claims and accidental shootings.

The post Liability in an Accidental Shooting appeared first on Darrell Castle & Associates.

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3M Information for Veterans

The post 3M Information for Veterans appeared first on Darrell Castle & Associates.

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You’re sinking in debt, ignoring calls from unknown numbers and falling asleep in fear that your car will be taken overnight. Then you’re thriving, with the house you’ve always dreamt of and the ability to afford your kids’ education.

How can one person experience such drastically different realities? Isn’t this too good to be true? No, it isn’t. As a Memphis bankruptcy lawyer, I’ve seen these kinds of transformations happen through bankruptcy. We keep in touch with many of our clients, and I have seen people heal in all aspects of their lives.

True financial freedom can be yours — if you want it badly enough. With determination, you can restore your credit rating and buy the house or car of your dreams. Try these strategies I’ve used with past clients as a Memphis bankruptcy lawyer.

1. Create a budget — and stick to it.

It’s impossible to get your finances in order without sticking to a budget. If you don’t keep track of your spending, your bank account balance will take you by surprise. You don’t want to file for bankruptcy only to have old habits drag you down. After all, this is a time when you should be rebuilding. Knowing how to budget can be daunting, so we’ve compiled some tips for getting started.

2. Get that credit rating in order.

Bankruptcy is a wonderful opportunity to rebuild your credit. One of the most common questions I hear is whether or not bankruptcy will ruin your credit. The truth is, if you’re filing for bankruptcy, you’re probably not in a good situation with your credit score to begin with. Through bankruptcy, you can reset.

After a Chapter 7 bankruptcy, you might find yourself inundated with offers for high-interest credit cards, which it is of the utmost importance to resist. We provide a free credit restoration program for our bankruptcy clients, 7 Steps to a 720.

3. Explore your options for buying a car or a home.

When it comes to buying either a car or a home, there are different options for folks who’ve filed bankruptcy, and you will need to find the one that makes sense for your situation and needs. For example, we’ve helped past clients find late-model low-mileage cars. With buying a home specifically, non-qualifying assumable loans have helped many past clients become homeowners. I’m a Memphis bankruptcy lawyer who is truly invested in my clients’ well-being, and I want to help you achieve your goals as much as I can.

Get Help From a Memphis Bankruptcy Lawyer

If you’d like to learn more about filing for and rebuilding after bankruptcy, I’m happy to discuss your options and answer your questions. Contact me today to discuss your situation for free. We also offer a free report on life after bankruptcy to help you start off your new life strong.

The post Beyond Bankruptcy: How to Rebuild appeared first on Darrell Castle & Associates.

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Bankruptcy Lawyer

What Types of Losses Are Involved in a Personal Injury Case?

In a personal injury case, the term “damages” refers to the amount of money the plaintiff should receive as compensation for the injury. While the terms may vary some by state or jurisdiction, generally speaking, there are three kinds of damages.

  • Economic damages are those associated directly with the injury and/or accident. They’re easily quantifiable through financial and personal records.
  • Non-economic damages are more commonly known as “pain and suffering.” These damages are intended to compensate the plaintiff for emotional or psychological injury. Because this is a more subjective concept, non-economic damages are more difficult to quantify.
  • Punitive damages are not available in every case. They are a form of punishment levied against a party that was blatantly negligent.

Juries and judges must calculate the value of these forms of losses when determining the outcome of the personal injury case. In this article we focus on economic damages, which include medical bills, lost wages, property damages, and more.

How Does the Plaintiff Prove Economic Damages?

The plaintiff’s attorney must prove the economic damages to the court and convince the judge or jury of the amount that is necessary to make the plaintiff whole. The court can consider different categories of economic damages. Here are just a few.

  • Medical expenses include both current and future calculations if the injury will require ongoing care. In most cases, future needs are assessed based on the testimony of medical experts, such as the plaintiff’s doctor.
  • Lost wages includes any loss of income or income-equivalent that the plaintiff suffered as a result of the injury.
  • Property damage is any damage to a home, car, or other personal belongings caused by the injury or accident.
  • Lost earning capacity is a factor in economic damages if the injury interferes with the plaintiff’s ability to earn an income. Expert testimony on this type of damage considers the type of work the plaintiff does as well as his or her age, work history, health, and other factors.
  • Household services are expenses incurred when a plaintiff, because of the injury, must hire someone to do tasks around the house that he or she would normally do. For example, if the plaintiff cannot clean his or her home and hires a housekeeper, that expense could be part of the damages.

Personal injury cases can be complicated and tedious. If you’re considering filing a personal injury case, you need a competent, capable personal injury attorney in Indianapolis, IN to represent you. Contact a law firm today to schedule a consultation.

 

 

Thanks to Ward & Ward Law Firm for their insight into personal injury claims and proving economic damages.

The post How Does the Plaintiff Prove Economic Damages in a Personal Injury Case? appeared first on Darrell Castle & Associates.

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As a veteran and 3M attorney TN residents have trusted for over thirty years, I’m offering a free legal consultation to any veteran who suffered hearing damage after using 3M earplugs.

I am a 3M attorney TN residents rely on. And I am also a veteran. Which is why I am participating in a lawsuit against 3M, a company who sold over two million faulty earplugs to the United States military for over a decade.

According to a complaint filed by the U.S. Government, 3M knew their two-sided combat earplugs would eventually fail, offering little to no protection to the soldiers wearing them. But they did not disclose that to the military. Instead, they chose to profit while dedicated service men and women damaged, or even lost, their hearing. This is the outrage I am fighting against.

3M’s combat earplugs failed the soldiers they were supposed to protect.

Here are the most important facts you need to know about the 3M lawsuit, and the model of earplugs that are at the center of the accusations.

  • The defective earplug model under scrutiny is the Combat Arms Earplugs Version 2 (3M CAE.V2).
  • They are two-sided, with one side green and one side yellow. They are the only two-sided earplugs in use, so it’s easy to know they are the right ones.
  • The military purchased them to protect the hearing of soldiers in war zones in Iraq and Afghanistan.
  • They were in use from 2003-2015.
  • 3M allegedly did not inform the military of a known defect, which may have resulted in hearing loss, impairment, or tinnitus (ringing in the ears) for veterans who used them.
  • The earliest any potential victim could possibly have known of the problem was July 2018 when the Department of Justice released the information publicly.
  • The earplugs allegedly were too short for proper insertion in the ears, could loosen over time, gradually losing noise-cancellation performance altogether.

If you only remember one thing, remember this: 3M injured men and women who risk and give their lives for our freedom, and they did it for profit. This is why I am a 3M attorney TN veterans can rely on.

If you used 3M combat earplugs and later suffered hearing loss or damage, call us right away for a free legal consultation.

As a former service member myself, I will not stand for this egregious neglect. We must get justice for veterans. This is why I’m offering a free legal consultation to any veteran who has suffered hearing damage or tinnitus after using the defective 3M earplugs. We are actively taking on cases against 3M in the Nashville, Mid-South, and Memphis TN areas.

My team of experienced 3M military earplug lawsuit lawyers is standing by to tell you how we can help. Contact us online or call us at (901) 327-1212 for a completely free legal consultation, no strings attached.

It would be our honor to hear your compelling story and tell you about our strategy. Don’t wait. Call us today to get the justice you and your family deserve.

The post 3M Attorney TN appeared first on Darrell Castle & Associates.

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Motorcycle enthusiasts will attest that there’s no thrill quite like soaring down an open road while the wind blows through your hair. The inherent risk of the activity is, of course, part of the thrill, but as a Memphis motorcycle accident lawyer, your safety is my concern. And motorcyclists have to be more careful than drivers — in fact, more careful than ever before.

Riding a motorcycle is much more dangerous than driving a car — and fatalities are on the rise.

It’s been long established that motorcyclists are more likely to be injured in an accident than drivers. The injuries are also more severe, ranging from traumatic brain injuries to spinal injuries and severed limbs. It makes sense: motorcycles are less stable than cars during emergency braking and swerving. Drivers do not always spot motorcyclists from afar, and during crashes, there isn’t the extra protection you have with cars.

Fatalities are more common with motorcycles. In 2016, there were nearly 28 times as many deaths on motorcycles than cars in the U.S. per mile traveled.

Despite more helmet laws and safety measures, fatal motorcycle accidents are on the rise. 5,172 motorcyclists were killed in crashes in 2017 — more than double the number in 1997.

Safety tips from a Memphis motorcycle accident lawyer
  • Leave enough distance between you and the vehicle ahead of you. When a car merges, allow plenty of space.
  • At red lights, try to stop to the side of the lane.
  • You’ll need to apply a different amount of pressure to the brakes than you do while driving. Practice riding and braking in an empty lot.
  • Use your mirrors — often! Frequently check them to see what’s behind you.

Finally, this one should go without saying, but it bears repeating: Always wear a helmet. Helmets can be the difference between life and death. They can save you from brain injuries. Some studies have found that they lower the risk of death by almost 40%. Motorcyclists without helmets are 3 times as likely to have a traumatic brain injury. Plus, here in Tennessee — and almost everywhere in the U.S., for that matter — it’s the law.

Get help from an experienced Memphis motorcycle accident lawyer.

If you’ve been injured in a motorcycle accident, call me for a free consultation. My experience as a Memphis motorcycle accident lawyer will help you receive the compensation you deserve.

The post Motorcycle Fatalities on the Rise appeared first on Darrell Castle & Associates.

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Veterans (Family and Friends) DID YOU SERVE IN THE MILITARY BETWEEN 2003 – 2015
AND NOW EXPERIENCE HEARING LOSS OR TINNITUS?

I am a veteran and that is why the allegations against 3M strike a chord with me. 3M sold two million earplugs to the U.S. military all the while knowing they would offer little to no protection to the soldiers wearing them. But, they did not care to disclose this defect to the military. Instead, they chose to profit from it while dedicated service men and women damaged, or even lost, their hearing. These claims come from a complaint filed by the U.S. Government against 3M in which 3M paid a substantial fine. Well, I do care and I want you to know why you may have hearing loss.

I am a former Marine Corp officer who served in Viet Nam and my law firm is offering a free legal consultation to any veteran who served in the military between 2003 & 2015, used Combat Arms Earplugs (CAEv2), and then later suffered hearing loss, impairment, or tinnitus (ringing in the ears).

There are absolutely no strings attached but we may have a limited time to deal with cases on behalf of Tennessee users of these 3M ear plugs. We have a little longer for cases in Mississippi and Arkansas (based on statute of limitation laws). So, don’t hesitate for too long! It is my privilege to tell you how we can help.

3M INFORMATION

Popular global brand 3M won a defense contract to sell the U.S. military combat earplugs. Between 2003 and 2015, they supplied millions of servicemen and women with their Combat Arms Earplugs (CAEv2). The earplugs were typically black and yellow and were intended to protect military personnel from high levels of sound entering their ear canal while also allowing them to maintain communication with one another. The earplugs were dual ended with one side intended to block all sounds, including voices, and the other side to block impulse sounds, such as gunfire, while still allowing verbal commands to come through. Unfortunately, these earplugs were defective.

How Were the Earplugs Defective?

Rather than blocking out the sound, as was promised to be the case by 3M, the design was defective. The earplugs consisted of yellow fins, or flaps, that interfered with the ability to properly seal inside of the ear canal, unless the fins were manually folded back — an instruction that was never included with the product. Testing conducted in 2000 also suggested the stem of the plug was too short and the open side of the ear plug allowed for an amplification of noise. It is also being alleged that the maker manipulated the results of past testing in order to meet the high standards of the U.S. Government. Due to the defective earplugs, U.S. military personnel were not protected from the dangerously high levels of sounds during combat and combat drills.

Compensation Beyond VA Disability

Over 3 million U.S. military veterans are currently receiving partial or full disability for hearing-related problems. Even if you are getting disability payments, you may also be entitled to compensation from 3M for the pain and suffering caused because of the defect.

The Cost of Filing a 3M Defective Earplug Lawsuit

3M is a massive corporation. We are taking these cases on contingency which means you will not pay anything upfront, and only if we win your case will a percentage be deducted. This will be discussed in your free consultation.

Getting Started with Your 3M Hearing Loss Case

As a veteran it might be devastating to find out that your hearing loss was caused by a company who had a duty to you and the U.S. government to protect your hearing. If you believe you are a victim of this irresponsible action on the part of 3M, and would like to find out if you can pursue compensation for your hearing loss or tinnitus, contact us for a free consultation.

Darrell Castle and Associates PLLC **
4515 Poplar Avenue, Suite 510
Memphis, TN 38117
901-327-1212

IMPORTANT – Darrell Castle & Associates PLLC is only filing lawsuits against 3M, and not the U.S. Military, Department of Defense, or Government.

The post 3M Hearing Loss — An Important Message for Veterans appeared first on Darrell Castle & Associates.

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As a Memphis bankruptcy lawyer, I often tell my clients that You are never too old for a fresh start, nor are you too young to build a better financial future for yourself.In fact, recent data on millennial credit card debt and income affirms that young people would do well to consider bankruptcy. Debt is rising among this demographic; there are few things as unbearable as watching those with their whole lives ahead of them lose some of it to debt.

Broadly speaking, consumer debt in America is cause for concern.

No matter your age, you should be concerned about consumer debt, which has been growing steadily since 2012. At the end of 2017, US household debt had grown to $13 trillion, a new record, and credit card balances had grown to $24 billion.

Clearly, this is a bigger issue, but millennials seem to have gotten particularly caught up in the credit card craze. Originally, many millennials steered clear of credit cards. As Sheila Bair writes for CNBC, “From 2008 to 2012, only 41% of those in their 20s had a credit card. That number has grown to 52%.”

Not only have millennials taken on more debt, but many are mismanaging it. According to the New York Federal Reserve Bank, 8% of millennials’ credit card balances were seriously delinquent in the first quarter of 2019.

When you consider student loan debt, it gets even worse.

As I’ve written before, a college degree is increasingly synonymous with unthinkable student loan debt. For the class of 2016 graduates, the average debt was $37,172, 6% higher than the previous year. According to recent data, millennials are collectively carrying $370 billion in student loans.

On top of that, their net worth is lower than previous generations at the same stage in life. When you look at the overall picture, it’s clear how dangerous it is for millennials to take on the additional burden of credit card debt.

Plan ahead for your future: Connect with a Memphis bankruptcy lawyer.

Whether you’re struggling with student loan debt in particular or simply debt more broadly, bankruptcy can help.

I’ve met many young people who are unable to buy homes or start families of their own because of student loan debt, which breaks my heart. Meanwhile, the number of defaulted federal student loans continues to climb. With bankruptcy, you can eliminate your credit card debt completely in some cases, which will make those student loan payments more manageable.

Beyond student loans, any debt is a sign that you’re living above your means, and it won’t go away on its own. There’s never a good time to be in debt, but young people have so many years ahead of them. Bankruptcy can set you up for a better financial future now.

We’ve helped thousands of people get out of debt. And we’ll offer every resource we can to help you do the same, so you can rebuild and get the future you’ve dreamed of.

Call (901) 327-2100 or contact us here to connect with a Memphis bankruptcy lawyer today.

The post Millennials, Financial Freedom Can Be Yours appeared first on Darrell Castle & Associates.

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As a lawyer participating in a defective military earplugs lawsuit TN residents trust, I am offering a free legal consultation to veterans who used 3M earplugs and later suffered hearing damage.

I am an attorney Tennessee has trusted for over thirty years, and a veteran myself. And I am participating in a defective military earplugs lawsuit TN veterans can rely on. First, I want to make sure you’re informed about the 3M earplugs hearing loss scandal. Next, I’ll explain what you can do if you or your family member has been affected.

Read on to learn the most important facts.

The Important Facts about the 3M Earplugs Scandal

3M is a manufacturing company who sold over two million earplugs to the U.S. military between 2003 and 2015.

The earplugs, called Combat Arms Earplugs Version 2, are two-sided, with one side yellow and one side green. The U.S. military bought them to protect the hearing of American soldiers in war zones. But, according to a lawsuit filed by the U.S Government against 3M, the company knew early on that their earplugs would fail. But 3M let the sale close anyway.

The earplugs are alleged to have been too short to be inserted into their users’ ears properly. Over time, the earplugs would loosen until they lost any effectiveness to protect hearing whatsoever.

3M is accused of actively choosing to make a profit while knowing their earplugs would fail and leave U.S. soldiers vulnerable to hearing damage and loss. This is the outrage I am fighting against. While our sons, daughters, mothers and fathers were in Iraq and Afghanistan fighting to protect us, 3M left their hearing knowingly unprotected. This is why I am fighting so fiercely to get justice for our veterans.

Darrell Castle & Associates, PLLC is here to help. 

Darrell Castle & Associates, PLLC is on your side. I am offering a free legal consultation to any veteran who served in the military between 2003 and 2015 and used 3M Combat Arms Earplugs Version 2, then later suffered hearing loss, impairment, or tinnitus.

When you call us at (901) 327-1212, we will ask you a few questions to get to know your case. We’d like to know what base or country you were in when you used the earplugs. Did you buy them yourself or were they issued to you? What was your baseline hearing when you first entered the military, and what it was at discharge?

Most importantly, we want to hear your compelling story. Are you unable to hear your baby’s voice? How has your hearing loss, impairment, or tinnitus changed the way you live?

We may have a limited time to file on behalf of Tennessee users of these 3M earplugs. Call us at (901) 327-1212 or contact us online today to speak with lawyers you can trust. It would be our privilege to tell you how we can help.  

The post Defective Military Earplugs Lawsuit TN appeared first on Darrell Castle & Associates.

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Longer days, warmer weather… more injuries? There’s no denying the joy of summer, but this season is not without its risks. In fact, children under 14 are statistically more likely to suffer injuries this time of year in comparison to any other.

Our Memphis personal injury lawyers see a pattern of the same injuries year after year. Based on my experience over the past 35 years, here are tips for how to avoid the most common summertime injuries.

Car Accidents

Memorial Day isn’t only the unofficial start of summer — it kicks off the deadliest stretch of the year for teen drivers. Every year, from Memorial Day through Labor Day, more people are killed in car accidents involving teen drivers than any other time of year. More teens are out on the roads during the summer, often driving to places they’ve never been before rather than simply to and from school. Additionally, many teens drive more frequently with other teens during summer break, which is often linked to a spike in accidents.

Bike Accidents

More summertime leisure means more bike accidents, too. According to the Insurance Institute for Highway Safety (IIHS), more bicycle collisions happen from May to September than at any other time of year, with 10- to 15- year olds at greatest risk. Injuries range in severity. At one end of the spectrum, you have soft tissue injuries, including cuts, scrapes, and bruises. At the other, traumatic head injuries, which is reason enough to never set off without a helmet.

Swimming Pool Injuries

People swim and head to the beach in greater numbers during summer, so it’s no surprise that swimming pool injuries and drownings also spike during these warmer months. Between 2016 and 2018, approximately 6,600 children were treated in the emergency rooms for injuries in pools or spas each year.

It’s not just injuries we have to look out for — it’s fatalities, too. According to the U.S. Consumer Product Safety Commission, fatal child drownings are on the rise. Every day, there’s nearly one pool- or spa-related drowning involving a child under 15. Pool Safely, a CPSC campaign, is a wonderful resource on pool safety for parents and grandparents of young swimmers.

Summer Grilling Injuries

Yes, even grilling brings a risk of injury, in this case burns. According to the National Fire Protection Association, between 2013 and 2017, there were 10,200 home fires related to grills each year, and thousands more outside the home. Those fires sent 19,000 patients to the emergency room each year; the vast majority suffered from thermal burns.

July is the peak month for grill-related injuries, so please follow these basic safety tips.

Free Consultations With Memphis Personal Injury Lawyers

Accidents happen, but if someone else’s negligence was responsible for your injury, you could be entitled to compensation. Whether you were injured in a car accident or bike accident, or while swimming or using a grill, our experienced Memphis personal injury lawyers can help you identify your best options moving forward.

Call us at (901) 327-2100 or contact us here for a free consultation with one of our experienced Memphis personal injury lawyers.

The post The Most Common Summertime Injuries appeared first on Darrell Castle & Associates.

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