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Tennessee Personal Injury Questions & Answers
Q: How to resolve property fraud and breach of contract in TN if indigent?

I purchased property in Tennessee in 2022 using a warranty deed, which includes a parcel and pieces of multiple parcels described with measurements. This was recorded at that time. In 2024, I agreed to a loan with the seller (who owns the adjoining 15 acres) using 2 acres near my property as... View More

Anthony M. Avery
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answered on Apr 12, 2025

An affidavit cannot convey title to property. You may have no legal remedy, especially with that life estate out there. If you cannot afford to hire an attorney to sue for quiet title against the remainderman, then forget about it. At the least you need to do a title search of all the subject... View More

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2 Answers | Asked in Gov & Administrative Law, Personal Injury and Workers' Compensation for Tennessee on
Q: Concerns over management of life insurance benefits for minor children.

I am concerned about the management of my late son's life insurance policy benefits. He worked for the federal Department of Defense and did not designate a beneficiary, so the primary beneficiaries are his minor children. His mother was supposed to establish a Thrift Savings Plan to hold the... View More

Anthony M. Avery
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answered on Apr 3, 2025

I doubt you have any legal standing here. And there are probably no causes of actions available. If a crime occurred, the SOL has run for both State and Federal, and that was probably what should have been looked into. If the Policy has already been paid out, then there are not any "next... View More

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2 Answers | Asked in Business Law, Civil Litigation, Libel & Slander, Contracts and Personal Injury for Tennessee on
Q: Does neighbor's interference with property sale constitute tortious interference?

I have a business and property for sale, and a potential buyer backed out on the day of closing after receiving a call from my neighbor, who wanted to buy the property but made a low offer that I refused. The neighbor persuaded the buyer not to proceed by saying they wouldn't allow parking.... View More

Anthony M. Avery
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answered on Mar 31, 2025

There may be a boundary or easement dispute, which is at least a cloud on both titles. You may try to make such a tort suit, including slander of title, but it will be very difficult. Collection might be impossible. Access to your business is what is important, not selling the property, so... View More

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4 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.

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 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 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

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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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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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?

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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.

2 Answers | Asked in Small Claims, Libel & Slander, Civil Rights and Personal Injury for Tennessee on
Q: Suing for defamation in a TN property rental dispute

Can you sue a manager or leasing company in small claims court for defamation and refusal to reapply to a low-income property? I initially applied in person while living in Tennessee to a property in Sevierville. The manager falsely accused me of harassment after I contacted them per HUD guidelines... View More

Tim Akpinar
Tim Akpinar
answered on Apr 24, 2025

It would be best to check with attorneys who practice in Tennessee, but you posted two weeks ago. In most jurisdictions, small claims divisions are limited by monetary caps, and can limit the scope of matters handled. Cases are usually straightforward and non-complex. A starting point could be to... View More

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1 Answer | Asked in Employment Law, Workers' Compensation and Personal Injury for Tennessee on
Q: Can I file a negligence lawsuit after pursuing workers' compensation for TCE exposure?

I have health issues caused by exposure to TCE due to my workplace environment. A previous lawsuit by county and landowners against the company was successful regarding the same issue. I have not settled my workers' compensation claim, and there is documented evidence of the company's... View More

James L. Arrasmith
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answered on Apr 13, 2025

In most cases, workers’ compensation is the exclusive remedy for workplace injuries. This means that once you pursue a workers’ compensation claim, you generally cannot file a separate negligence lawsuit against your employer for the same injury. Workers’ compensation laws are designed to... View More

2 Answers | Asked in Workers' Compensation, Civil Litigation and Personal Injury for Tennessee on
Q: Can negligence be sued after workers' compensation claim for factory TCE exposure in Tennessee?

In Mississippi, can someone file a workers' compensation lawsuit against a company due to exposure to TCE in a factory and then, after about a year, file another lawsuit against the same company for negligence related to this exposure? There is documentation of the exposure 40 years ago,... View More

Anthony M. Avery
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answered on Apr 14, 2025

Worker's Compensation will not lie for an employee injury at the job 40 years ago. SOL is long gone.

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1 Answer | Asked in Medical Malpractice and Personal Injury for Tennessee on
Q: Do I have a medical malpractice claim for being misdiagnosed with pneumonia leading to hospitalization?

I was misdiagnosed with pneumonia by a physician who examined me in a waiting room, rather than in an examination room. This misdiagnosis occurred a little over three months ago, and as a result, I had a pulmonary embolism that led to my hospitalization. Do I have a medical malpractice claim?

James L. Arrasmith
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answered on Apr 13, 2025

To determine whether you have a medical malpractice claim, the key question is whether the physician's actions deviated from the standard of care that should have been provided. In this case, misdiagnosing you with pneumonia instead of accurately diagnosing the pulmonary embolism could be a... View More

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