Business Litigation and Personal Injury Attorneys Serving Memphis and BeyondAt Wolff Ardis, we provide knowledgeable, assertive legal representation to both individuals and businesses. We work diligently in pursuing the best possible outcomes for our clients, and our attorneys have recovered millions of dollars for clients across the United States and in the United Kingdom. Wolff Ardis can assert the rights of accident victims who need a Memphis personal injury lawyer, and we also can protect the interests of corporations, brokers, and investors who need a securities litigation attorney or guidance with another business dispute.
Fighting for the Rights of Accident VictimsWe handle a broad range of personal injury, wrongful death, and product liability lawsuits. Some of the cases in which we have successfully represented accident victims and their families include those arising from motor vehicle collisions, slip and falls, auto defects, carbon monoxide poisoning, and defective smoke alarms. In many of these cases, a plaintiff must establish negligence by a preponderance of the evidence.
In Tennessee, you may file a lawsuit against an at-fault party whose negligence causes your injuries. For example, drivers are required to exercise reasonable care in order to avoid striking other people on the road. A plaintiff who successfully establishes a defendant’s negligence may be able to recover compensation as long as he or she is less than 50% at fault. Under Tennessee Statutes section 28-3-104, you have one year after an accident to take legal action.
Property owners, particularly business proprietors, may be held responsible for a visitor’s slip and fall if it results in injuries. An accident victim will need to establish that the dangerous condition resulting in the slip and fall was caused or created by the property owner, or if the condition was created by a third party, that the owner had actual or constructive notice of the existence of the condition. As a plaintiff, you can prove constructive notice by showing a general or continuing condition that indicated the dangerous condition existed, a recurring incident, or a pattern of behavior.
Tragically, some accidents prove fatal to unsuspecting victims. Specific family members, such as a surviving spouse, or a personal representative of the decedent’s estate, may bring a wrongful death lawsuit when this happens. A wrongful death lawsuit may be filed in civil court even if the defendant was not held criminally liable for the same conduct, since a lower standard of proof applies in civil actions.
Many of the most devastating injuries are caused not by people but by defective products released into the marketplace by manufacturers. In most product liability lawsuits, a Tennessee plaintiff needs to establish that a product defect caused the injuries. As with other personal injury cases, a successful plaintiff can potentially recover compensation for medical expenses, lost income, and pain and suffering, among other forms of damages. Manufacturers may be held strictly liable for manufacturing defects, design defects, or marketing defects. For example, you likely can recover damages if you can show that your car’s airbag had a manufacturing defect, such that the airbag failed to deploy, and you were injured as a result. Similarly, if an ionization smoke detector has a design defect, such that it fails to detect smoke in a low-smoldering fire, and as a result you suffer substantial burns, you may be able to recover damages.
Commercial and Securities LitigationOur firm is also experienced in disputes involving sophisticated entities, such as securities litigation, insurance bad faith litigation, bond claims involving financial institutions and commercial bonds, and professional liability cases.
Our attorneys have pursued and defended a broad range of securities-related cases, including claims arising under the Tennessee Uniform Securities Act, federal and state securities laws, common law fraud, constructive fraud, negligence, negligent misrepresentations, RICO statutes, and breaches of fiduciary duty. The Tennessee Uniform Securities Act provides civil liability for the commission of securities fraud when selling securities. The remedy for an investor may be rescission, or if the security is no longer owned, damages plus interest.
When a financial institution or business purchases insurance, it is entitled to the protection specified in its insurance contract, but sometimes insurers may place profits above their obligations to protect policyholders. While some denials are in good faith, when a denial of benefits or a delay is unreasonable, malicious, or outrageous, it may be appropriate for the policyholder to assert a bad-faith claim or lawsuit. Insurer bad faith can include failing to use reasonable standards to promptly investigate claims, making deliberate misrepresentations about facts or the policy to avoid paying claims, or using abusive tactics to force a settlement.
Furthermore, we handle complex fidelity bond and commercial bond claims for national and savings banks, insurance companies, credit unions, manufacturers, government organizations, and small businesses. Banks are required to carry a financial institution bond to protect against financial losses caused by dishonest acts and crimes, such as forgery, employee theft, or robbery. However, these only cover losses that directly flow from an impairment of an instrument covered by the insuring agreement. In other words, the insured bears the burden of proving that coverage exists under the bond for a particular loss. Our attorneys can assist you through the complexities of the claims process and bring a lawsuit when necessary.
We also handle professional liability matters involving errors or omissions by the directors or officers of a business, as well as legal malpractice and accountant liability claims. Negligence by these professionals may have a significantly detrimental impact on a business. A plaintiff will need to prove that the defendant fell below the relevant standard of care by using expert testimony from a professional in the same specialty. For example, a business suing a transactional attorney for providing inaccurate advice that resulted in substantial losses must establish that the lawyer failed to use the degree of professional care that other transactional lawyers would have used under the same circumstances.
Consult a Memphis Lawyer for a Personal Injury or Business Litigation MatterWhether you need a car accident attorney or representation in another claim against a party that harmed you, the Memphis personal injury attorneys at Wolff Ardis can provide sound legal advice and forceful representation. We also can protect your interests in matters related to investments, insurance policies, or the operations of your business. Our firm represents clients throughout Shelby County, as well as in Fayette, Hardeman, Haywood, and Tipton Counties. We also can assist businesses nationwide and in the United Kingdom. Call us at (901) 763-3336 or use our online form to set up an appointment.
- Insurance Bad Faith Litigation
- Corporate & Institutional Fraud
- Financial Institution Bond Claims and Commercial Bond Claims
- Defective Products
- Professional Liability Claims
- Securities Litigation
- Car, Truck, Bus, and Motorcycle Accidents
- Wrongful Death Cases
- Premises Liability
- Defective Motor Vehicles
- Civil Mediation
- Carbon Monoxide Poisoning
- Defective Smoke Alarms
