Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Mr. James Charles Wright
2 Answers | Asked in Medical Malpractice for Tennessee on
Q: My neice went for a tonsil and adenoids removal surgery and the doctors ended up cutting her carotid artery can we sue.

They stated it was a vessel and tried telling my wife it was such and that they patched the vessel until she bled out profusely My wife goes to tell them that's no vessel that's a artery bleeding like that she also told them my neice wasn't herself a day or two after the surgery and... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on May 29, 2021

What you are describing sounds like medical negligence. To determine if your niece should go forward with a claim we or any firm would want to review medical records. I am so sorry for what your niece is going through.

View More Answers

1 Answer | Asked in Contracts, Divorce and Family Law for Tennessee on
Q: I married a man on 9-22-1993. Here's the kicker...my divorce from my first husband wasn't final until 12-6-1993.

Is my marriage on 9-22-1993 legal? If not, do I get a lawyer to type up a document stating I'm not legally married?

Mr. James Charles Wright
Mr. James Charles Wright answered on May 20, 2021

I do not practice in this area - but I would think the marriage would have to be annulled as a void marriage. Hopefully you will get comments from someone that practices in the area.

1 Answer | Asked in Landlord - Tenant, Contracts and Real Estate Law for Tennessee on
Q: My landlord notified me he is selling his properties to retire, can he make us leave or can I take it to court?

There is a clause in our 3 year lease that’s titled “Vacating Upon Termination” and it states “Tenant agrees upon expiration of the term of this lease or upon early termination of the lease for any cause tenant will at once peacefully surrender the leased premises etc.” My question is if... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on May 16, 2021

The answer will depend on the language of your lease. If you have a three year lease- without any provision related to termination prior to this then you have a 3 year lease. The language you provided doesn't sound like enough to allow for an early termination.

2 Answers | Asked in Car Accidents for Tennessee on
Q: I was in a car accident in Tennessee and the other driver was over 21 but only had those learners permit. Is this legal?
Mr. James Charles Wright
Mr. James Charles Wright answered on Apr 19, 2021

I agree with Mr. Avery. The failure to have a license at all - is generally not admissible to prove negligence. But it is possible for a 21 year old to have a learner's permit.

View More Answers

1 Answer | Asked in Contracts and Employment Law for Tennessee on
Q: A nanny agency introduced a nanny to me, but none of us have signed any contract with the agency. Can I hire directly?

I think the agency forgot to send me the contract that would not allow me to contact the nanny directly. Will they likely sue me if I just hire the nanny without paying them fees?

Mr. James Charles Wright
Mr. James Charles Wright answered on Apr 9, 2021

This is one of those - but is it the right thing to do -questions. You contacted an agency - they supplied a person and now you want to hire directly because they either forgot or trusted you as to being able to communicate information - I anticipate you likely know what the fee is as well. I... Read more »

1 Answer | Asked in Car Accidents and Land Use & Zoning for Tennessee on
Q: I live on a private road, I have an easement agreement so that I may go to my home. The neighbor behind me does not have

One however, it’s her parents that are constantly coming and going from her home past my home. Her father does not get out of the road. Today I was in the spot where I could not get over (big ditch) and he could and yet he kept coming and almost side swipped my car. My question is if he would... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Mar 24, 2021

You have a number of issues here -

1. Easement- if the other people do not have an easement or right to enter - they shouldn't be using the area. However, over a long period of time they can gain rights - so whoever is the holder of the underlying easement needs to protect the...
Read more »

1 Answer | Asked in Car Accidents for Tennessee on
Q: Is it mandatory for THP to issue a citation for a single vehicle accident in the snow.

I slid off the road into a thicket of small trees. Truck has minimal damage and is still driveable, but had to be winched out. I'm not filing a claim due to only liability coverage. Did the trooper HAVE to issue me a failure to maintain control and exercise due care citations. I had no... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Feb 18, 2021

No, the officer was not required by some policy to issue a citation. Depending upon your time - you could go to court to contest. But it may not be worth your time and money to do so.

1 Answer | Asked in Personal Injury for Tennessee on
Q: Should I sign a C-31 Tennessee , medical form release, after I have return to work with some pain?

I was injured in December after a month and light duty. I returned to work at 80%. Now the company wants me to fill out forms and sign a medical release. Is this release just for workers comp?

Mr. James Charles Wright
Mr. James Charles Wright answered on Jan 26, 2021

The below is from the Tennessee Department of Labor website:

Employees injured prior to July 1, 2014 must also sign a Medical Waiver and Consent Form (Form C-31). This form allows the employer, or its representatives, to communicate with the treating physician about the treatment for the...
Read more »

1 Answer | Asked in Employment Law for Tennessee on
Q: A work computer has been left with me since Aug 28. Multiple times I tried to return the computer. Can I charge storage

Or does it become my property at some point

Mr. James Charles Wright
Mr. James Charles Wright answered on Dec 29, 2020

Without knowing all of the details - If you have made several efforts to return- I would suggest if you are going to charge storage- that you clearly communicate in writing that if the computer is not picked up by a date certain (give them a reasonable period) that storage at a reasonable rate... Read more »

3 Answers | Asked in Medical Malpractice for Tennessee on
Q: How long can I wait to file a malpractice suit in Tennessee.

Is it based on the date of injury? Or when the malpractice is actually discovered?

Mr. James Charles Wright
Mr. James Charles Wright answered on Dec 21, 2020

The discovery rule applies in Tennessee. However, the date of injury may have put you on notice of a claim. - It will depend on the facts. Also, there is an outer limit statute of repose for medical malpractice- meaning that if it is longer than the statute of repose then it is simply barred-... Read more »

View More Answers

1 Answer | Asked in Construction Law, Contracts and Consumer Law for Tennessee on
Q: Where can I get help with a construction business that has sent me a bill of charges more than I was told to do the job?

I am a 62 year old senior living in the state of TN between Knoxville and Athens, TN. I've been sent a bill charging more than double the time the serviceman/men spent actually doing the job. Also, they're charging me more than double what I could have spent on parts and more than 4... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Dec 16, 2020

I would suggest you communicate in writing as well as orally your dispute to the contractor asking for an explanation of all charges. There may be an explanation - and the Contractor hasn't provided you with enough information. On the other hand there could be a mistake and you have been... Read more »

2 Answers | Asked in Contracts for Tennessee on
Q: You My girlfriend and I just bought a vehicle together two weeks ago in Tennessee. It’s titled in both names and financ

Financed in both our names. You

My girlfriend and I just bought a vehicle together two weeks ago in Tennessee. It’s titled in both names and listed as her name first then “OR” my name second. She’s breaking up with me threatening to take the car to Alabama where she’s from and... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Nov 11, 2020

If the car is titled as "or" then 1) you both on the vehicle and 2) either of you can sell the vehicle without the other's signature. Suggest on the front end selling the vehicle and if any proceeds splitting or whatever the arrangement was going to be.

View More Answers

1 Answer | Asked in Contracts for Tennessee on
Q: after signing a contract for a caterer for a set amount, can they add additional charges for state regulations?

We were told due to covid we would have to pay additional fees based on state regulations. Even though we booked during covid and the original contract does not mention these cost. Is this our responsibility?

Mr. James Charles Wright
Mr. James Charles Wright answered on Nov 10, 2020

The contract will control. If there is a fixed price - and the contract does not provide for any changes then the caterer may be stuck. The contract may have a clause that indicates that if an act of God is involved then there may be a different outcome. This may be called a force majuere... Read more »

1 Answer | Asked in Business Formation and Contracts for Tennessee on
Q: Can a business partner Sue someone with no contract or agreement signed in state of Tennessee
Mr. James Charles Wright
Mr. James Charles Wright answered on Nov 6, 2020

There is an old saying that anyone can sue anyone for anything. The question would be whether someone can sue over an oral agreement? Most oral agreements are valid. There are a number of exceptions. For instance a contract for the sale of real estate must be in writing.

1 Answer | Asked in Business Formation and Business Law for Tennessee on
Q: What kind of license do I need to manufacture and sell cosmetics (NOT drugs) in Tennessee (Handcock county).

I have contacted every agency I can think of in Tennessee to find out if I need a license to manufacture lotions, soap and Bath Bombs in Tennessee. Everyone says they know if no requirement. If this is true, is there a county or city license I need?

Mr. James Charles Wright
Mr. James Charles Wright answered on Oct 30, 2020

You would need a business license for the city / county where you are dong business. Beyond this the soap products are regulated -

I am attaching below a link that may help you get some guidance....
Read more »

1 Answer | Asked in Libel & Slander, Personal Injury, Sexual Harassment and Adoption for Tennessee on
Q: if I signed something while under the influence of something &also having a mental disability & didn't understand

i was lied to about everything from the beginning! first medical purposes only then I got a letter in the mail saying that I owed child support weeks and weeks later when the ones helping me with the child told me the reason they were offering me their help was because they could afford it and they... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Oct 29, 2020

The law presumes people understand and read what they signed. Otherwise it would be really hard to enforce contracts. All someone would have to say is "I didn't understand" or "I didn't read."

On the other hand if you have a mental disability that would...
Read more »

1 Answer | Asked in Civil Litigation and Contracts for Tennessee on
Q: I have a land contract with a private seller. Do I have recourse for damages due to poor workmanship?

I had an emergency situation when the hot water heater burst causing flooding and damages to the hardwood floors, the sub floors, and the tile floor adding up to over thousands of dollars in repairs. Upon inspection it was noted that the water heater which was installed when the house was built by... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Oct 27, 2020

You are describing an owner/ builder financed house you have purchased. Hopefully you obtained homeowners insurance. You should first report this loss to your insurer. The insurer should more promptly deal with repairs than a lawsuit or claim against a third party.

As to a claim...
Read more »

1 Answer | Asked in Contracts and Real Estate Law for Tennessee on
Q: Wife signed lease, didn’t know she signed my name also. She passed away, was going to move until I saw it

I always worked late out of town, my wife found a house negotiated the lease and signed it.. she passed in sept2020 I was going to move until I ran across the lease. She also signed my name and it’s in my name also... I have never even met the landlord in 2-1/2 years until a few days ago.. am I... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Oct 23, 2020

This is what I got from your post:

1. Your wife signed a lease and signed your name over 2 years ago.

2. You and your wife have been living in the property since then.

3. Your wife has now passed away.

You want to know if you are legally responsible under the...
Read more »

1 Answer | Asked in Workers' Compensation for Tennessee on
Q: If worker’s compensation denied my claim and offered a settlement. Can I also get short term disability? double dipping?
Mr. James Charles Wright
Mr. James Charles Wright answered on Oct 23, 2020

If Worker's Comp denied the claim on the basis that the injury didn't occur in the course and scope of employment and therefore was not a covered claim but then offered to settle - then you might be able to claim disability. The settlement should confirm that the Comp carrier / employer... Read more »

2 Answers | Asked in Estate Planning and Probate for Tennessee on
Q: My mother in law recently passed. According to the Husband(father) there was no will. However, the children were told

There was a will by the mother. What can they do to find out. This is a large estate that includes a business they all work for.

Mr. James Charles Wright
Mr. James Charles Wright answered on Oct 15, 2020

If there was no will - then any children she may have would inherit a child's portion of her estate. If she had an attorney you can check with the attorney to see if there was a will. Someone should probate the estate - for now without a will - The estate and perhaps the heirs will need a lawyer.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.