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Tennessee Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury and Construction Law for Tennessee on
Q: If a person was injured due to his own negligence while working on my house am I liable

The painter stacked a ladder on top of a scalpel to get on the roof after my husband advised him not to do so. While my husband was working on getting a ladder, the painter went on the roof and fell off the ladder that was stacked on the scalpel. He is now saying he is going to sue us. Are we... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 10, 2021

A Tennessee attorney could advise best, but your question remains open for a week. As a general matter, workers' comp is meant to cover such accidents. That does not mean someone would still not try to sue. It could be difficult to give a quick yes or no answer to your question based on the... Read more »

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...
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1 Answer | Asked in Bankruptcy and Personal Injury for Tennessee on
Q: I have strong cas inopiate lawsuot on prude bankruptcy I’ve been told victim s will get the most my two sons

Wil we get enough to buy a house with evidence from 11 yethat opiates prescribed to me foe no reason and prescribed while I was pregnant

Bennett James Wills
Bennett James Wills answered on Jan 13, 2021

Your question is not clear. Please consider consulting with an qualified attorney in person to answer your questions.

1 Answer | Asked in Personal Injury and Landlord - Tenant for Tennessee on
Q: My counterclaim i wanted to file paupers oath...i was told id still have to pay up front why? Sullivan co tn

It is a retaliation eviction for bed bug infestation ..i have statements, pictures text messages etc

Tim Akpinar
Tim Akpinar answered on Nov 29, 2020

A Tennessee attorney could advise best, but your post remains open for two weeks. As a general matter nationwide, such filings could encounter difficulties if the court has issues with the accompanying affidavit or supporting documents to demonstrate financial hardship/indigence. Another... Read more »

1 Answer | Asked in Family Law, Personal Injury, Real Estate Law and Landlord - Tenant for Tennessee on
Q: I would like to sue my aunt for kicking me out without eviction, packing my things for me while I was out of town etc.

She is also trying to keep me out of the house. She says I violated the "no drugs" rule but I didn't and she has NO proof. She found weed in my MOMs room and is trying to use that to kick us both out. Where would I find a no fee lawyer with whom I could proceed to file suit with?

Tim Akpinar
Tim Akpinar answered on Nov 25, 2020

A Tennessee attorney could advise best, but your question remains open for two weeks. This doesn't look like a personal injury matter, where a law firm would handle it on a contingency basis with no fee up front. A closer category might be landlord-tenant or civil litigation, but it might be... Read more »

1 Answer | Asked in Personal Injury for Tennessee on
Q: Can I sue a dentist for drilling without numbing me and can I sue a psych ward
Bennett James Wills
Bennett James Wills answered on Nov 16, 2020

You can file a lawsuit against anyone if you have a legal cause of action. Consult local counsel to assist you.

1 Answer | Asked in Civil Rights, Constitutional Law and Personal Injury for Tennessee on
Q: GTLA-removal of immunity. Where can I find the duty owed to me by city police in order to determine negligence?
Bennett James Wills
Bennett James Wills answered on Nov 12, 2020

One place to start your research is 42 USC 1983 and Bivens v. Six Unknown Agents

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 Personal Injury for Tennessee on
Q: Can I sue my ex spouse for injuries he inflicted upon me while married after I caught him cheating with his co-worker?

He was found not guilty by prosecutor. His Miranda rights were not read to him. I live in TN now, he is still in IN. I moved for my safety.

Bennett James Wills
Bennett James Wills answered on Sep 21, 2020

It depends on what the injuries were and when the occurred. And if the incident(s) occurred in a state other than Tennessee, you'll need to check that state's law on statutes of limitation.

1 Answer | Asked in Employment Law and Personal Injury for Tennessee on
Q: Do I have a case to claim relocation expenses and stress of relocating family with 2 disabled kids?

I was given an offer letter with relo bonus and told to relocate asap. Sent a new laptop and announced as a new hire to my team. After moving and less than a week before my start date, I inquired about my pending background check. then the company started moving my start date back (twice). Once the... Read more »

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

Tennessee is an at-will employment state - but if you have an offer letter where the company agreed to pay for certain items and you were told to move as part of this you may be entitled to recover for the relocation expenses.

3 Answers | Asked in Personal Injury for Tennessee on
Q: Who is responsible for any persons hurt by a utility line down on the road that they have drove over?

I was injured by a power line while on the back of a motorcycle it was layed across the road brought down by a tree.

Mr. James Charles Wright
Mr. James Charles Wright answered on Aug 4, 2020

The utility may be- but there has to be proof the utility knew or should have known the line was down and for a sufficient time that the utility could respond. If the line went down as the result of storm- and had just fallen the utility generally wouldn't be liable.

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1 Answer | Asked in Consumer Law and Personal Injury for Tennessee on
Q: my car was towed on the 2nd night of a 3day allowed stay, which the acknowledge, what can I do

I was then told to get it back today I would have a pay a gate fee,or wait till Monday, today being Sunday, please help me,my car has a handicap sticker in plain view also

Tim Akpinar
Tim Akpinar answered on Jul 29, 2020

A Tennessee attorney could advise best, but your question remains open for two weeks. If you haven't already, just concentrate on working out reasonable terms for getting your car out of there for now. Each day it sits there, it continues accruing storage fees. You could sit down with a... Read more »

1 Answer | Asked in Personal Injury, Civil Rights and Juvenile Law for Tennessee on
Q: My wife took my 11 y/o daughter to get a retainer today. My wife was not allowed to accompany her to the exam room.

When she attempted to enter the room she was told Covid-19 policies prevented her from accompanying my daughter, this was after my wife had paid the fee. My wife was told that there would be only females in the exam room. My obvious question would be, is this legal? Of note, my daughter suffers... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Jul 28, 2020

This is a different world we live in for now. Medical Providers are trying to find a way to provide a relatively covid safe treating environment. I wish this had been explained better before you got there- so that maybe some of the anxiety issues could have been dealt with. My guess is your... Read more »

1 Answer | Asked in Personal Injury and Medical Malpractice for Tennessee on
Q: Do I have a case?

I have Multiple Sclerosis & had osteonecrosis from steroids. The surgeon gave me one option, partial knee replacement. He did warn me of a possible MS exacerbation and I said I understand that, I have had them before. He did not warn of permanent disability, severe muscle spasms, stiffness,... Read more »

Bennett James Wills
Bennett James Wills answered on Jul 17, 2020

Medical malpractice cases are far too complicated to answer on a simple forum such as this. You should shop around for a local attorney here on this website or elsewhere to review the facts and records of your case to best determine your options.

1 Answer | Asked in Personal Injury for Tennessee on
Q: Bought a truck they never told me it was in an accident. Can I do anything about it?
Brandon D. Fersten
Brandon D. Fersten answered on Jul 17, 2020

Yes, you have a few options to attempt to resolve this issue if the company knew that the vehicle was in an accident but concealed that information from you and you were not able to determine that the vehicle was previously involved in an accident through the carmax or a similar report.... Read more »

1 Answer | Asked in Personal Injury for Tennessee on
Q: Can a business be liable for an injury in handicap area if.there.is a step 3 inch high not painted yellow
Tim Akpinar
Tim Akpinar answered on Jul 9, 2020

A Tennessee attorney could advise best, but your question remains open for three weeks. A starting point could be to consult with a Tennessee injury attorney - they could research or consult with disability attorneys as to whether such measures would have been included under federal or state... Read more »

1 Answer | Asked in Personal Injury for Tennessee on
Q: I had a robotic assisted prostatectomy. Later ER found intestine in a hole left by the robot. Do I have a case?

Was in hospital a total of 5 days

Tim Akpinar
Tim Akpinar answered on Jun 18, 2020

A Tennessee attorney could advise best here, but your post remains open for two weeks. The answer to your question could hinge on whether the hole you describe was the result of breach of a medical duty of care, among other possible issues. That's something a medical professional would be... Read more »

1 Answer | Asked in Civil Rights, Family Law, Personal Injury and Elder Law for Tennessee on
Q: I am search of a TN lawyer that can help me with a unique situation involving my disabled, elderly, veteran father.

He may be being neglected and or abused and seems to be being help captive by his wife. Who herself has never shown the mental or physical capacity to care for another individual let alone one who is not ambulatory or verbal.

Tim Akpinar
Tim Akpinar answered on May 26, 2020

I'm sorry for your difficult situation. Your post remains open for a month and you may be better off simply reaching out to Tennessee attorneys here (Find-a-Lawyer) or searching independently on your own. This isn't really a lawyer referral service - it's only a Q & A Board. Good luck

Tim Akpinar

1 Answer | Asked in Personal Injury for Tennessee on
Q: I was in Lowe's department store yesterday and a display holding large wood military signs fell on my leg cutting it ?

Do I have a claim I took pictures and made a report

Paul E. Tennison
Paul E. Tennison answered on May 15, 2020

You may. I recommend you reach out to a personal injury attorney if you want to discuss further. In general, companies like Lowe's have a duty to ensure safety of their customers. Here, they may be liable for your injuries which may be severe if you are required to have surgery and lose time... Read more »

3 Answers | Asked in Criminal Law and Personal Injury for Tennessee on
Q: Can I sue a rehab facility for misplacing or “accidentally disposing” of my mother’s bag containing her necklace?

My mother wore the necklace all the time. During the Coronavirus lockdown of her facility, she put it in the side compartment of a luggage bag, because I wasn’t allowed to visit to pick it up. When I picked up her belongings after she passed, the bag was missing.

Anthony M. Avery
Anthony M. Avery answered on Apr 20, 2020

You will need a competent attorney to evaluate your possible Case of Conversion. Evidence that the necklace existed and was stored in a certain place will be necessary. Heresay will not work. The value will have to be shown, which will probably be questioned. Your standing will be important.... Read more »

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