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Tennessee Personal Injury Questions & Answers
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 Personal Injury and Landlord - Tenant for Tennessee on
Q: Tenant rights when Air quality report confirms that AQ is poor in leases townhome. Landlord pulled lease renewal

Lease is ending 10/31/23. renewal pulled.I have been quite sick since September and discovered on 9/17 an attic and HVAC that is leaking water into a plastic tote for last 2 years that I have leased. The water damage showing in guest bathroom had me call in a neighbor to see what he could find and... View More

Tim Akpinar
Tim Akpinar
answered on Oct 8, 2023

A Tennessee attorney could advise best, but your question remains open for a week. I could only speak for the injury-based component of your matter. You could try to arrange a free initial consult with an injury firm. Gather any medical documentation related to your symptoms. However, these are... View More

1 Answer | Asked in Medical Malpractice, Personal Injury and Health Care Law for Tennessee on
Q: Do I have to pay to have botched fillers dissolved? Should I sue?

I got 2 syringes of lip fillers September of last year which cost me 1,800 USD. A few weeks after recovery, I noticed a large pooling of filler to which my esthetician assured me was normal and to rub the nodule, and give it time. Over time, however, it grew worse. Recently, I have had the nodule... View More

Anthony M. Avery
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answered on Aug 7, 2023

If this is a TN case, then you are about to run out of time under the SOL. Health Torts require a Good Faith Claim Affidavit PRIOR to suit. Unless you find a malpractice lawyer immediately that can find someone to assert negligence, you have already lost. The potential damage award may not... View More

1 Answer | Asked in Personal Injury and Wrongful Death for Tennessee on
Q: If a car was borrowed to commit a First degree murder, can I sue the owner of the vehicle and or their car insurance

My son was murdered while pumping gas on the phone with me. The murderer shot my son in the neck from behind, then proceeded to shoot him 4 more times. Then get back in the car and left the scene in a car that she borrowed to do this

Anthony M. Avery
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answered on Jun 20, 2023

That would probably be a good Tort cause of action Wrongful Death (civil conspiracy). But the auto insurance may be the only recoverable monies. or the Policy may exclude criminal liability. Do not go beyond a year from the incident until you sue. There does not have to be a criminal... View More

1 Answer | Asked in Personal Injury and Workers' Compensation for Tennessee on
Q: My granddaughter is a dental assistant. She got bit and her hair pulled by a child. After the mom said he got violent.

Afterwards he was trying to bite the mom and pull her hair. She said he got violent alot. My granddaughter had to get a tetanus shot and antibiotics. Would it be worth it to file a lawsuit?

Tim Akpinar
Tim Akpinar
answered on Jun 17, 2023

A Tennessee attorney could advise best, but your question remains open for two weeks. In terms of medical bills and any lost wages stemming from the accident, that would usually be handled as a workers' comp case. In terms of a personal injury action related to the bite, she could reach out to... View More

3 Answers | Asked in Personal Injury and Car Accidents for Tennessee on
Q: Average settlement amount?

I know there's no accurate amount that can be estimated here but I was wondering.

Rear ended by a negligent teenager who was texting. I received serious whiplash, cervical lordosis, cervical stenosis, a back brace. My passenger received a concussion, post concussion syndrome and... View More

Tim Akpinar
Tim Akpinar
answered on May 29, 2023

It could be difficult to offer an "average settlement amount." There are too many variables involved. Liability appears to be clear-cut, based on your description. That makes things easier. Now it will be a matter of reviewing the medical records in detail. Those findings, and the impact... View More

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3 Answers | Asked in Personal Injury and Car Accidents for Tennessee on
Q: Average settlement amount?

I know there's no accurate amount that can be estimated here but I was wondering.

Rear ended by a negligent teenager who was texting. I received serious whiplash, cervical lordosis, cervical stenosis, a back brace. My passenger received a concussion, post concussion syndrome and... View More

Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

There is no "average" settlement amount. It all depends on how much you have been damaged and how good your attorney is in convincing the other side of the risk and exposure. The amount of insurance coverage also determines, including your own "under insured motorist" coverage.... View More

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1 Answer | Asked in Personal Injury and Car Accidents for Tennessee on
Q: Do we need two separate demand letters ?

Sister and I were rear ended at a high rate of speed. She was my passenger. We were both injured and had medical treatment. We have decided to fire our lawyer due to lack of communication. We have also decided to negotiate with the insurance company ourselves. With that being said , do we need to... View More

Anthony M. Avery
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answered on Apr 3, 2023

Those are two different causes of actions, so two different demand letters, by the respective claimants only, would be better. But you definitely need an attorney. There are tons of PI lawyers, but on a rear ender with good liability, any decent lawyer should be able to handle it. Damages are... View More

1 Answer | Asked in Car Accidents and Personal Injury for Tennessee on
Q: i was in a three car accident

I was the last car and I could safely make the adjustments needed to avoid the accident but the car infront of the second car spun out of control and I tboned them who is at fault and should i get a lawyer to help me fight my case in court? Noone was seriously injured but we all went to the... View More

John Michael Frick
John Michael Frick
answered on Feb 23, 2023

You should definitely report the accident to your automobile liability insurance company who should appoint an adjuster and attorney to assist you.

Gathering and preserving evidence at this point is vital should a lawsuit be filed in the future.

It is unfortunately not uncommon for...
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