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Questions Answered by Mr. James Charles Wright

1 Answer | Asked in Personal Injury for Tennessee on

Q: I have a vaccine injury. It occurred 5 years and a couple weeks ago, can I still file a petition or pursue legal action?

I lost consciousness (vasovagal syncope) after getting the menactra vaccine. A year later I started having serious health issues related to neurological health. I could hardly walk at one point during the sickness. I still have syncope scares/episodes that I had never had prior to the vaccine. My... Read more »

Mr. James Charles Wright answered on Aug 12, 2019

It is my understanding there is no discovery rule exception - In other words the 3 years begins to run with onset of symptoms. You should still talk to a lawyer as your symptoms truly related to a vaccine may have been a later onset- Although the sites website specifically lists a vasovagal... Read more »

2 Answers | Asked in Contracts and Employment Law for Tennessee on

Q: Is my non compete clause enforceable?

Non compete clause (Nashville) States I can't work within 55 miles for 1 year after quiting my job as a tattoo artist because we have "trade secrets" however, if I am an unlicensed artist for one year I am no longer able to get licensed to be an artist and I would have to completely re do my... Read more »

Mr. James Charles Wright answered on Aug 12, 2019

I think the answer, unfortunately is "it depends." The issue is whether the non-compete is reasonable. fifty-five miles appears at first blush to be a reasonable distance to keep a tattoo artist from setting up shop "next door" and competing against the employer. But it may not be under your... Read more »

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3 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for Tennessee on

Q: I got in an accident had to go to ER. Car was totaled other person was at fault. I didn’t have insurance at accident.

I didn’t have insurance during the accident and the other insurance company called and said they will not be covering my bills. What do I need to do about this, is there anything I can do?

Mr. James Charles Wright answered on Jul 25, 2019

The other driver's insurance is not required to advance or pay your medical bills at this point. Some adjustors will as a courtesy- but again not required to and often times not done- so don't take that as a reflection that the insurer is denying fault or that the insurer is taking some negative... Read more »

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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Tennessee on

Q: Who legally owns the pool and property?What legal trouble am I possibly putting myself in by serving on the BOD?

I live in a neighborhood in TN thay has a community pool. The pool and surrounding area (3 deeded lots) were created about 40 years ago and set up as a C corp. In 1983 the corporation status was revoked due to failure to pay fees and keep records. However, the deeds to the properties are still in... Read more »

Mr. James Charles Wright answered on Jul 24, 2019

Without looking at the documents it would be difficult to say who the owner of the pool is. It sounds like a homeowner's association was created but then allowed to be admistratively dissolved. The pool is likely owned by the owners of the lots in common. But then again that would be subject to... Read more »

1 Answer | Asked in Car Accidents for Tennessee on

Q: I have a accident case going lawyer trying settle for 9,000 how much will he recieve

Mr. James Charles Wright answered on Jul 23, 2019

You should have a written contract with your lawyer that spells out fees. Either look at the contract or ask the lawyer for a breakdown of fees and expenses and a copy of the contract.

1 Answer | Asked in Civil Litigation and Contracts for Tennessee on

Q: Rented a cabin for a week, first day we find a bug infestations. They are offering to move us tomorrow but to stay atm.

Mr. James Charles Wright answered on Jul 22, 2019

I am not sure what your question is. If you are unhappy with your arrangements- ask for a credit or other benefit.

1 Answer | Asked in Contracts, Child Support and Constitutional Law for Tennessee on

Q: If child support is funded by federal grants, how can DHS require repayment? isn't that fraud?

Mr. James Charles Wright answered on Jul 16, 2019

YOu might get more answers if you posted this under family law. But from a general standpoint- DHS would likely be authorized to carry out the program and to seek reimbursement of payments made.

1 Answer | Asked in Contracts, Child Custody and Child Support for Tennessee on

Q: Can you sue the DHS if they caused financial hardships due to negligence on their part?

Mr. James Charles Wright answered on Jul 16, 2019

It would be difficult to sue a government entity. You would likely need a lawyer as a result of the defenses to any such action.

1 Answer | Asked in Personal Injury for Tennessee on

Q: What's the statue of linitatations for personal injury in Tennessee

Mr. James Charles Wright answered on Jul 12, 2019

For personal injury the statute of limitations is one year from the date of the discovery of the injury and the identity of the tortfeasor. In a car wreck this can be straight foward- you have a wreck so there is an injury and you know or shoudl know the identity of the person that hit you. So... Read more »

2 Answers | Asked in Car Accidents for Tennessee on

Q: If I Told the other driver I didn’t want to call police/insurance/file but I have thier name. can I change my mind?

Got rear ended but I figured everything was ok and I told the other driver I didn’t want to file a report. But they offered to fix scratches out of pocket. I didn’t take pictures or file a report but now I would rather go through her insurance. I have her name and number that’s it. Can I... Read more »

Mr. James Charles Wright answered on Jul 11, 2019

You can. Hopefully you have the person's name and contact information. If they don't return your call and you don't have their insurance information you should send them a letter asking for them to contact you. If that doesn't work there are some other steps. But let's see if this works. If... Read more »

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1 Answer | Asked in Car Accidents for Tennessee on

Q: If buying a financed car that is a total lose. Am I responsible for finance charges rendered up purchase.

I were ten months from purchasing the vehicle....

Mr. James Charles Wright answered on Jun 27, 2019

If I am understanding you correctly, your car was totaled in an accident. Your car was financed and you are wondering if after the accident you continue to be responsible for the payments for the vehicle.

You would still be responsible under your contract for purchase. Whoever is...
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1 Answer | Asked in Estate Planning, Family Law, Personal Injury and Civil Litigation for Tennessee on

Q: TN Caregiver, heir and only daughter. How do I counter law suit from estate?

I only had a power of attorney to pay bills for the last 2 weeks of my dads life. Dad chose hospice against my wishes and to come back home. We had an oral agreement that I thought my brother knew of to pay for a couple of sitters to help me. I was asked how much it would cost me to take care of... Read more »

Mr. James Charles Wright answered on Jun 21, 2019

I am so sorry -

Unfortunately you will likely have to hire an attorney if they have actually brought a suit against you. It sounds like you have some legitimate defenses to their claims.

2 Answers | Asked in Civil Litigation, Contracts and Insurance Bad Faith for Tennessee on

Q: Do most insurance companies settle out of court

Mr. James Charles Wright answered on Jun 19, 2019

Yes. Most cases do settle out of court. However, this comes generally from both sides being prepared to go to trial. Insurance companies do not and should not gratitiously settle cases- "just because." They have obtained the necessary information in order to evaluate the case and the other side... Read more »

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1 Answer | Asked in Landlord - Tenant for Tennessee on

Q: Home warranty provided ac for home owner 1year later she wants me to guarantee labor and called consumer affairs on me

Mr. James Charles Wright answered on Jun 18, 2019

I saw an early post that may be related- indicating that you had only installed a unit provided under a home warranty and charged 150.00 for the installation. it has now been a year and the owner wants you to do warranty work. Again you did not supply the unit.

It is reasonable for you...
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1 Answer | Asked in Contracts for Tennessee on

Q: Can I be sued if closing date was changed and I didnt sign new closing date contract, and ask for closing date

I lost the house I was buying because of this change

Mr. James Charles Wright answered on Jun 13, 2019

I hate to say this but... it depends.

If the closing didn't happen because you didn't sign an extension to the closing date- and you were not otherwise in breach and there was no requirement under the contract for you to extend then - although you can be sued- you should be successful....
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1 Answer | Asked in Criminal Law for Tennessee on

Q: I am interested in selling Kratom soap in Tennessee. Is this lawful?

The law states that Kratom must be sold in its natural form, meaning that it must be either raw leaves or leaf powder. This prevents things like Kratom tea or extracts from being sold in TN. I'm interested in making a Kratom soap. This would not alter the plant material at all other than suspending... Read more »

Mr. James Charles Wright answered on Jun 7, 2019

Not my area of expertise-- but I believe you are correct that you can sell the leaves in their natural form. Simply suspending the leafs in a soap would seem to make sense that this would be a "natural form" as well. But I wouldn't rely upon this. I would suggest you request an opinon from the... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Tennessee on

Q: If I am presently renting but I have the option of buying a home. Can I break my current lease to buy a home and not owe

Will I have to pay out my current rental agreement. I live in Memphis, Tennessee

Mr. James Charles Wright answered on May 28, 2019

This will totally be controlled by the language of your lease with an option to purchase document. If you are violating a term of the lease the lease will generally provide a default remedies provision. Also, if there is some provision that let's you out of the lease then it should be spelled... Read more »

2 Answers | Asked in Contracts and Collections for Tennessee on

Q: I received a post card from the Blount county Court Ten. Stating legal process has been issued by the court and forward

And served.

It states this is not a arrest warrant.

My docket # is CV25386 Can you tell me what kind of case this could be?

Mr. James Charles Wright answered on May 13, 2019

This sounds like a civil case where someone may be making a claim against you. You can call or have someone else call the clerk of the court (try 865-273-5400) and ask what the style of the case is.

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1 Answer | Asked in Business Law for Tennessee on

Q: bought a karaoke hard drive on line for my wife. bought only for personal use. never used for any monetary gain.

didn't even use it. being sued by a a co. called stellar records. they are represented by a firm in milwaukee, they are asking for 8000, in 1 payment or 10000. in time payments. would be wise to ask to settle this for a much smaller amount somewhere around 750. and surrender hard drive. not... Read more »

Mr. James Charles Wright answered on Apr 9, 2019

You will likely need to talk to an attorney. If you have not used any item then you likely have not infringed on any protected work. You may have a right of action against the company that sold you the hard drive as well. You may have a number of legal defenses.

1 Answer | Asked in Car Accidents and Construction Law for Tennessee on

Q: Me and a construction company are in one county, they damaged my car in a second county. In which county do I file suit?

Their negligence caused damage to my car and they are refusing to pay, despite me having abundant evidence. I live in Knox County and the company is also based in Knox County, but the construction and the damage was done in Anderson county. Do I need to file suit in Knox or Anderson county?

Mr. James Charles Wright answered on Feb 27, 2019

You can sue the Defendant either where the accident occurred or in the County where the Defendant is located.

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