Personal Injury
Automobile Accidents
When you have an automobile accident and it is not your fault then you have the right to recover for your damages. If injured, then please immediately go to the hospital or seek medical treatment. Always exchange insurance information with the other driver and try to take photos of the vehicles involved, take photos of your injuries, and do not forget to get witness information such as phone numbers. Contact the Torres Law Firm, PLLC as soon as possible so we can start an investigation and start contacting the insurance companies involved before they start contacting you. Elements of damages that you are entitled to recover are property damages, pain and suffering, medical expenses, lost wages, loss of enjoyment in life, and loss of consortium for the spouse, to name a few.
Tractor Trailer Accidents
Torres Law Firm, PLLC has been involved in several tractor-trailer lawsuits representing families of persons killed in these accidents. The burden of proof is on the plaintiff’s attorney to show that the tractor trailer driver was negligent and that his or her negligence was the direct and proximate cause of your injuries. If the victim is deceased , then we will have to put a value on the life of the deceased and include any pain and suffering incurred from the time the accident occurred to the time of death along with any medical expenses incurred. Tractor trailer accidents require the attorney to move quickly to preserve on board computer information, logs, and spend time locating the tractor-trailers in order to prevent destruction of evidence on the tractor-trailer. Photos of the tractor trailers at the scene of the accident are highly recommended. Generally the Highway Patrol will take these photos if serious injury is involved. Contact the Torres Law Firm, PLLC, immediately if you, a loved one, or a family member is involved in a tractor trailer accident.
Premises Liability/Slip and Falls
Representing clients in slip and falls in Tennessee is particularly demanding and challenging. A person injured in a fall needs to show that the Defendant was negligent in failing to clean up any substance or item on the floor and that they had time to find out about it and clean it up. In other words, they knew or should of known that the liquid or item was on the floor and they had enough time to clean it up and failed to do so within a reasonable time. Video cameras are a prime source of information for the plaintiff’s attorney. Contact the Torres Law Firm, PLLC, immediately if you have been injured in a fall in order to first preserve any video evidence. On several occasions the only way to get the video is by filing the lawsuit.
Medical Malpractice
Medical malpractice occurs when a medical professional fails to provide (or breaches) the minimum standard of care as required in the community. Going below the standard of care is negligence and if you are injured by a medical professional, then the negligence must be the direct and proximate cause of your injuries. Hospitals, doctors, and medical providers, all have to abide by the standard of care in the community. In Tennessee, Plaintiffs must also have a Medical Expert report supporting their position of the medical provider’s negligence/malpractice even before filing a lawsuit.
Wrongful Death
In any of the above causes of action, if the victim dies, then the family of the victim is entitled to medical expenses, funeral expenses, pain and suffering from the date of the injury to the date of death, Loss of earning capacity from the date of injury to date of death, and the value of the life of the victim.
Personal Injury Statute of Limitations
In Tennessee, the Statute of Limitations for personal injury cases (car accidents, tractor trailer accidents, slip and fall accidents) is one year from the date of the accident.
Medical Malpractice Statute of Limitations
In Tennessee, the Statute of Limitations for Medical Malpractice claims is one year from the date of the injury or one year from the date it was discovered but in any situation no more than three years from the wrongful act. Additionally, medical providers must be given sixty (60) days advanced written notice before a lawsuit can be filed against them. Such notice must contain an opinion of a medical expert in support of Plaintiff’s position.
All Personal Injury and Medical Malpractice Consultations at the Torres Law Firm PLLC are Free of Charge.
All the personal injury cases are taken on a contingency fee basis. Meaning that we only get paid if you get paid. Our contingency fee is generally a standard 33% of what we recover on your behalf.
The Torres Law Firm PLLC also handles workers compensation cases arising out of serious work injuries only. The standard attorney compensation on workers compensation cases is a standard 20% contingency fee.