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Tennessee Personal Injury Questions & Answers
3 Answers | Asked in Divorce, Estate Planning, Probate and Personal Injury for Tennessee on
Q: How to challenge a will amendment after husband's passing in TN?

I was married to my husband, Robert Edwin Atchley, for 37 years until he passed away during surgery. Since his passing, I've faced hostility from his family, who have stated I'm no longer recognized as part of the family and have refused to support me financially, despite my ongoing... View More

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Mar 13, 2025

In the State of Tennessee, a will must have signatures from 2 witnesses that will attest that the person is of sound mind and body. Some of the better wills have a notary sign off on the person's signature and the two witnesses. An amendment to a will is a codicil. For a codicil to be... View More

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2 Answers | Asked in Civil Rights, Constitutional Law and Personal Injury for Tennessee on
Q: Officer allowK9 to attack handcuffed man then. Took pics of the wounds and shared them around the community!need interna

It seems impossible to hold accountable I have so much evidence it’s bigger than Rodney king

Anthony M. Avery
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answered on Jun 18, 2024

A Civil Rights Action is a federal case which must be filed as a Government Tort Liability Action (1 year SOL; no jury; caps on damages). Few lawyers even know what kind of suit is required. Start with personal injury attorneys here on Justia, as virtually no criminal attorneys can handle it.

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2 Answers | Asked in Civil Rights, Constitutional Law and Personal Injury for Tennessee on
Q: Officer allowK9 to attack handcuffed man then. Took pics of the wounds and shared them around the community!need interna

It seems impossible to hold accountable I have so much evidence it’s bigger than Rodney king

James L. Arrasmith
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answered on Jun 21, 2024

I understand you're dealing with a very serious situation involving alleged police misconduct. Let me break down some key points and potential legal considerations:

1. Excessive force: If an officer allowed a K9 to attack a handcuffed individual, this could potentially be considered...
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2 Answers | Asked in Personal Injury and Car Accidents for Tennessee on
Q: I'm being sued for supposedly hitting a vehicle door when backing out. What do I do?

No police report filed. No damage to my car. Gentleman claims I injured him by striking his door and it hitting his back. Now he has pain and suffering and lost wages.

Anthony M. Avery
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answered on May 17, 2024

If you have insurance, notify them today of the wreck and claim. If no insurance, expect to lose your TNDL, and hire an attorney to represent you. When served, you might also file a Notice of Exempt Property if you are not rich, which should curtail the plaintiff's enthusiasm. An Answer... View More

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2 Answers | Asked in Personal Injury and Car Accidents for Tennessee on
Q: I'm being sued for supposedly hitting a vehicle door when backing out. What do I do?

No police report filed. No damage to my car. Gentleman claims I injured him by striking his door and it hitting his back. Now he has pain and suffering and lost wages.

Tim Akpinar
Tim Akpinar
answered on Jun 2, 2024

If it's still available (difficult to say after three weeks - the time of your original post), you could try to obtain and review video surveillance footage (or your insurance carrier could), if you are confident that you did not hit the door of the other vehicle. As my colleague mentions,... View More

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2 Answers | Asked in Personal Injury and Civil Rights for Tennessee on
Q: If I was hit by a tractor trailer or a Toyota car are the laws still the same? Under the Arkansas law
James L. Arrasmith
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answered on Mar 28, 2024

Under Arkansas law, if you're involved in an accident, whether it's with a tractor-trailer or a Toyota car, the basic principles regarding fault, liability, and the pursuit of damages are generally consistent. The crucial elements to consider include determining who was at fault for the... View More

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1 Answer | Asked in Personal Injury for Tennessee on
Q: My brother was in a accident in 1997 that left him a quadriplegic, my mother has taken care of him since then and the

Insurance company pays her 1044.00 a month. It has never increased she has gotten to old to continue and I will be taking over what are my legal rights for more pay

James L. Arrasmith
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answered on Mar 1, 2024

Taking over the care of a family member who is a quadriplegic is a significant responsibility. The financial aspect, including the payment from the insurance company, is crucial for ensuring that your brother receives the care he needs. If the monthly payment of $1,044 has not increased since 1997,... View More

1 Answer | Asked in Domestic Violence, Federal Crimes, Libel & Slander and Personal Injury for Tennessee on
Q: I have concerns about my partner being swatted by his now ex wife. False claims of violence lead to felony charges.

Wilson county police and swat responses to a woman who claimed she was punched in the face and had a chair smashed into her face. When police arrived there were no injuries. The swat team was used to apprehend the person the woman claimed inflicted the injuries when the individual asked if the... View More

James L. Arrasmith
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answered on Feb 25, 2024

It's deeply concerning to hear about your partner's situation, especially with the severity of the accusations and the involvement of SWAT based on false claims. False accusations, particularly those leading to a wrongful conviction, are serious matters that can have long-lasting impacts... View More

2 Answers | Asked in Personal Injury and Medical Malpractice for Tennessee on
Q: Can I sue my doctor and insurance company? I am a 71 year old woman when I turned 65 my OBGYN.that I didn't need to get

more pap smears, because all my paps have been normal. I started have retention problems with bladder. Went to ER to have a cather put in. They were not able to insert the Cather. Did a CT scan found a mass on my cervix. I have a 6 centimeter mass on my cervix. I have cervix cancer. There is no... View More

Tim Akpinar
Tim Akpinar
answered on Feb 7, 2024

I'm sorry for your ordeal. In terms of your question about what you can do, one option is to reach out to Tennessee law firms to discuss in further detail. That could answer your first question. A law firm that felt you had the basis for a case could retrieve your patient records and review... View More

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2 Answers | Asked in Personal Injury, Car Accidents and Insurance Defense for Tennessee on
Q: Do I need to fill out an Financial Affidavit for an accident. Is it better to fill it out or not?

My daughter was in an accident. The car and insurance was in my name at the time of the accident. The amount of the claim is $19,500 for hospital bills. My insurance covers up to $25,000 and that is what they are asking for. I do not have any assets or extra income for them to come after. I just... View More

Tim Akpinar
Tim Akpinar
answered on Jan 6, 2024

As my colleague advises, ask your assigned defense attorney for their input. They're going to probably tell you to consult with an outside counsel whose interests are solely yours. But that can cost money. Find out as much as you can from your defense counsel what they foresee in terms of the... View More

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2 Answers | Asked in Personal Injury, Car Accidents and Insurance Defense for Tennessee on
Q: Do I need to fill out an Financial Affidavit for an accident. Is it better to fill it out or not?

My daughter was in an accident. The car and insurance was in my name at the time of the accident. The amount of the claim is $19,500 for hospital bills. My insurance covers up to $25,000 and that is what they are asking for. I do not have any assets or extra income for them to come after. I just... View More

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jan 4, 2024

You likely have a lawyer provided by your insurer if you are at this point. the lawyer should be able to advise you as to your best next step- to provide the affidavit or not- and what to include/ disclose. If you want to get a second opinion - you would probably need to show the affidavit to a... View More

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3 Answers | Asked in Criminal Law, DUI / DWI, Personal Injury and Traffic Tickets for Tennessee on
Q: If a witness' at trial testifies on the stand and tells lies,everything he said in the preliminary hearing will confirm!

Then he cant be held as a credible witness??!! All testimonies sworn under oath are recorded right?

Reid DeChant
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answered on Dec 17, 2023

Any hearing in court should be either audio recorded and/or recorded by a court reporter. You could request a transcript of the hearing which could be used to impeach the witness at a later date. Impeaching is the fancy term for calling someone a liar in court by showing the inconsistency in their... View More

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1 Answer | Asked in Medical Malpractice and Personal Injury for Tennessee on
Q: Can I sue a plasma donation center for a severe bruise due to them putting needle in wrong
Joel Gary Selik
Joel Gary Selik
answered on Dec 12, 2023

While such a case is possible, there are two hurdles that may be difficult to overcome.

First, you must prove they did something wrong. Bruised can happen without (and with) malpractice.

Second, your harm must be sufficient to warrant a lawsuit and what you describe may not be.

1 Answer | Asked in Landlord - Tenant, Employment Law, Personal Injury and Real Estate Law for Tennessee on
Q: Can a woman I'm a caregiver for forbid me from having guests in her home in TN?

I have been living as a caregiver for a 57-year-old woman in her trailer for nearly two years, taking care of her and a large number of animals, in exchange for room and board. She recently informed me that I cannot have guests without her permission or unless she is at home. After my boyfriend... View More

Anthony M. Avery
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answered on Mar 26, 2025

Yes... She will probably file a detainer warrant against you, or maybe allege some crime.

1 Answer | Asked in Landlord - Tenant, Consumer Law, Insurance Defense and Personal Injury for Tennessee on
Q: Tree fell on my truck, landlord says insurance won't cover it. Do I have a claim?

A dying tree fell on my truck while it was parked at a property rented by my friend. The landlord claims their homeowner's insurance won't cover the damage, but I suspect this might not be true. I have pictures of the tree and the damage caused. What steps can I take to address this... View More

Tim Akpinar
Tim Akpinar
answered on Mar 25, 2025

A Tennessee attorney could advise best, but your question remains open for three weeks. It's difficult to say definitively what position the insurance carrier would take, based on the brief facts. If you consulted with a local attorney, they could probably better outline options after learning... View More

1 Answer | Asked in Landlord - Tenant and Personal Injury for Tennessee on
Q: Rights for mold inspection and rent rebate after water damage in TN rental

My daughter, who is a college student living out of state, experienced significant water damage in her rented house due to a broken sprinkler line on the second floor. The incident occurred on a Wednesday, and the landlord's initial response that night was minimal. By the second day, ceilings... View More

Tim Akpinar
Tim Akpinar
answered on Mar 25, 2025

A Tennessee attorney could advise best but your question remains open for three weeks. I'm sorry for your daughter's stressful situation. A L-T attorney could advise best on the issue of rebates. As far as assurances of no mold within cavities, you could see if the remediation... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for Tennessee on
Q: Can I sue a TN hospital for not diagnosing my fracture?

I fell in January and broke ribs 3, 4, and 5. During my initial ER visit, I informed the hospital about pain in my ribs and left hand, but they only checked my ribs. A month later, another clinic diagnosed a fractured pinky on my left hand. The delay caused significant pain and hindered my daily... View More

Tim Akpinar
Tim Akpinar
answered on Mar 5, 2025

A Tennessee attorney could advise best, but your question remains open for two weeks. Can you sue? I believe law firms could be reluctant to handle such a case. Not to diminish the pain you went through, but it could depend on what would have been done differently had you received an earlier... View More

2 Answers | Asked in Car Accidents, Civil Litigation and Personal Injury for Tennessee on
Q: Am I at fault if a pedestrian runs into my car in a parking lot?

I was leaving a parking lot when a person ran out of a store without looking and collided with the side of my car, knocking off the mirror. Initially, she said she wasn't hurt, refused medical attention, and admitted it was her fault. However, she later went to the hospital and filed a report.... View More

Tim Akpinar
Tim Akpinar
answered on Mar 1, 2025

A Tennessee attorney could advise best, but your question remains open for a week. No, you would not be at fault in virtually any jurisdiction nationwide under the set of facts you describe. Save that camera evidence and witness statement. If she later changes her story, those things would be... View More

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1 Answer | Asked in Criminal Law, Personal Injury and Wrongful Death for Tennessee on
Q: What are the consequences for an accidental fatal shooting by an 18-year-old in Tennessee?

What happens to an 18-year-old who accidentally shoots and kills their friend with their parent's gun if there is an ongoing investigation and negligence might be involved? There are witnesses to the incident, but currently, there are no charges filed.

Anthony M. Avery
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answered on Feb 24, 2025

Defendant needs to hire an attorney for advice now, and keep his mouth shut. No computer posts, talking or anything.

1 Answer | Asked in Family Law, Personal Injury, Real Estate Law and Probate for Tennessee on
Q: If my mother passed no spouse and is co owned with a non spouse but I'm last heir who lived with her and joint tenants i

In common under family trust and no spouse or will does co owner have right to change locks kick me out have police make me leave and then sell deny and gift items of my and my mother's to others without my signing and denying me entrance by using police to enforce it when I can't afford... View More

Anthony M. Avery
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answered on Jan 31, 2025

Hire an attorney now to search the title and determine heirship. If you are an heir file suit for partition.

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