Tennessee Personal Injury Questions & Answers
Q: My 9 yr old was slammed on his back twice by bs gym teacher
1 Answer
| Asked
in
Criminal Law, Personal Injury and Education Law
for
Tennessee
on
Answered on Feb 13, 2019
Answered on Feb 13, 2019
Mr. Kent Thomas Jones Esq.'s answer
From my experience with DCS, they are fairly active in cases like this. Your other alternative is to file a lawsuit against everybody involved: the school principal, the gym teacher, the school and anyone else involved. When you are dealing with a school system, there may be initial administrative hurdles to overcome first. It will be too complicated to do yourself. You should find an attorney that will consult with you on price and approach.
From my experience with DCS, they are fairly active in cases like this. Your other alternative is to file a lawsuit against everybody involved: the school principal, the gym teacher, the school and anyone else involved. When you are dealing with a school system, there may be initial administrative hurdles to overcome first. It will be too complicated to do yourself. You should find an attorney that will consult with you on price and approach.
Q: Will my employer still pay for my medical bills if I choose to quit because of injury on job?
Mr. James Charles Wright's answer
You should be entitled to medicals. But I suggest you speak to an attorney. Workers comp law is complicated to deal with.
You should be entitled to medicals. But I suggest you speak to an attorney. Workers comp law is complicated to deal with.
Q: If an insurance company has been informed that I have a personal injury lawyer to handle my car accident lawsuit but
Timur Akpinar's answer
Tell your attorney and let her or him handle it. Your attorney's letter of rep probably already places them on notice that they should conduct further communications through the attorney.
Tim Akpinar
Tell your attorney and let her or him handle it. Your attorney's letter of rep probably already places them on notice that they should conduct further communications through the attorney.
Tim Akpinar
Q: If I was cutting somebody's trees and limb fell out and hit me in the face on their property what would happen
Mr. James Charles Wright's answer
Tennessee law is based on comparative negligence- if your injury resulted from your actions then you likely couldn't recover. The homeowner may have medical payments coverage that might pay your medical bills.
Tennessee law is based on comparative negligence- if your injury resulted from your actions then you likely couldn't recover. The homeowner may have medical payments coverage that might pay your medical bills.
Q: Do I have a defense against a dog at large charge?
Stephen Arnold Black's answer
Call your homeowners insurance company and request that they defend you against any legal action taken against you. Ask them if the policy covers you for losses like this one. Good luck.
Call your homeowners insurance company and request that they defend you against any legal action taken against you. Ask them if the policy covers you for losses like this one. Good luck.
Q: Can I receive pain and suffering for being injured the steps of a police station (or any government-owned property)?
2 Answers
| Asked
in
Personal Injury and Gov & Administrative Law
for
Tennessee
on
Answered on Nov 26, 2018
Answered on Nov 26, 2018
Mr. James Charles Wright's answer
A governmental entity is responsible for injuries caused by defects in its premises so long as the defect is one that the entity was on notice as to (knew about) or the defect existed and was in such a condition that the entity should have known.
A governmental entity is responsible for injuries caused by defects in its premises so long as the defect is one that the entity was on notice as to (knew about) or the defect existed and was in such a condition that the entity should have known.
Q: Where would I find various codes pertaining to rental structures and rights of a renter in the State of Tennessee?
1 Answer
| Asked
in
Personal Injury, Real Estate Law and Construction Law
for
Tennessee
on
Answered on Oct 28, 2018
Answered on Oct 28, 2018
Peter Munsing's answer
Talk to your local legal services /legal aid office. Ask for their housing attorneys. Tell them you just want to know if any in their housing unit are in private practice.
Contact members of the Tenn Assn for Justice who handle mold issues--they give free consults.
Short answer--the town or city would have their health code; state code you could find at the county law library.
Talk to your local legal services /legal aid office. Ask for their housing attorneys. Tell them you just want to know if any in their housing unit are in private practice.
Contact members of the Tenn Assn for Justice who handle mold issues--they give free consults.
Short answer--the town or city would have their health code; state code you could find at the county law library.
Q: What happens if the person in a lawsuit dies, not of the injury,
Peter Munsing's answer
The estate can continue the claim but usually the value is substantially diminished.
The estate can continue the claim but usually the value is substantially diminished.
Q: I'm being given death threats from 2 individuals, from a group I was "working" with. they issue me a cease and desist.
1 Answer
| Asked
in
Employment Law, Personal Injury, Collections and Libel & Slander
for
Tennessee
on
Answered on Oct 2, 2018
Answered on Oct 2, 2018
Peter Munsing's answer
You have a claim for unjust enrichment, possibly contract claims and conversion. You need a member of the Trial Lawyers Assn for the place where this happened or the corporation is located. Look for one who handles commercial claims.
You have a claim for unjust enrichment, possibly contract claims and conversion. You need a member of the Trial Lawyers Assn for the place where this happened or the corporation is located. Look for one who handles commercial claims.
Q: Do I have a legitimate case against my former employer for defamation of character, lost wages, emotional damages, etc ?
1 Answer
| Asked
in
Employment Law, Personal Injury and Libel & Slander
for
Tennessee
on
Answered on Sep 26, 2018
Answered on Sep 26, 2018
Mr. Kent Thomas Jones Esq.'s answer
I have not researched that issue legally, because I have had no cases on that subject. However, when I was a senior partner at a large, multi-state law firm, it was very important, based on our lawyers' advice, that the CEO only disclose the date of hire and the date the employee left. That was very important. I suspect that our corporate lawyers were correct that you can get in a lot of trouble if you disclose more than that. I suggest that you obtain local counsel to help you with the...
I have not researched that issue legally, because I have had no cases on that subject. However, when I was a senior partner at a large, multi-state law firm, it was very important, based on our lawyers' advice, that the CEO only disclose the date of hire and the date the employee left. That was very important. I suspect that our corporate lawyers were correct that you can get in a lot of trouble if you disclose more than that. I suggest that you obtain local counsel to help you with the...
Q: What do I do about a( sheriff dupty) and a 911 worker posting false accusations about me on Facebook
1 Answer
| Asked
in
Libel & Slander, Personal Injury, Criminal Law and Civil Rights
for
Tennessee
on
Answered on Sep 12, 2018
Answered on Sep 12, 2018
Peter Munsing's answer
Violation of privacy, slander---get screen captures of the postings, go see a member of the Tenn Assn for Justice who handles those cases--they give free consults
Violation of privacy, slander---get screen captures of the postings, go see a member of the Tenn Assn for Justice who handles those cases--they give free consults
Q: I got bite by spider at work it sat up cellulitis infection now I got go see a surgeon for wound therapy
Peter Munsing's answer
Contact a member of the Tenn Assn for Justice who handles workers comp--they give free consults.
Contact a member of the Tenn Assn for Justice who handles workers comp--they give free consults.
Q: I hit a guy's car and his insurance company called me - was it okay that i talked to them?
Mr. James Charles Wright's answer
is it okay? - well there is nothing wrong or illegal with talking to the other sides insurer. At the same time there is no requirement that you talk to the other insurer either. You owe a duty to cooperate with your insurer. You also should cooperate with police at the scene. But no such duty exists in regard to the other carrier. It may have been better to talk to your insurer and let them handle this. But what is done - and I wouldn't lose sleep over it. Probably best not to...
is it okay? - well there is nothing wrong or illegal with talking to the other sides insurer. At the same time there is no requirement that you talk to the other insurer either. You owe a duty to cooperate with your insurer. You also should cooperate with police at the scene. But no such duty exists in regard to the other carrier. It may have been better to talk to your insurer and let them handle this. But what is done - and I wouldn't lose sleep over it. Probably best not to...
Q: Why does a suit that was filed in state court go to Federal court? On a slip and fall, if your witness is the asst
Jedidiah "Jed" McKeehan's answer
If you have sued for over $75,000.00, and the entity you have sued has a home office location in another state, that combination of factors is the most likely reason that the case was removed to federal court.
If you have sued for over $75,000.00, and the entity you have sued has a home office location in another state, that combination of factors is the most likely reason that the case was removed to federal court.
Q: If I make a group invitation to other families to go on outings together, am I personally liable should something happen
Mr. James Charles Wright's answer
Way to go- homeschooling Mom! There are some risks with being the "organizer." Is there any way your home school coop could sponsor (it likely has insurance) and you could be the volunteer that helps organize? In any event if you are going to put these groups together- use a release. You probably have seen releases before when your child goes on an activity. You need to understand a child cannot waive or release claims and a parent can't release a child's claims either. But a parent...
Way to go- homeschooling Mom! There are some risks with being the "organizer." Is there any way your home school coop could sponsor (it likely has insurance) and you could be the volunteer that helps organize? In any event if you are going to put these groups together- use a release. You probably have seen releases before when your child goes on an activity. You need to understand a child cannot waive or release claims and a parent can't release a child's claims either. But a parent...
Q: How do I prove the burden of proof? I was injured in a slip n fall . I have a bulging disc, my spine is curved
Mr. James Charles Wright's answer
If you have a "before" X-ray showing no injury and your prior records do not indicate any problems that is helpful. It is curious as to why you were getting an X-ray the month before the accident.
If you have a "before" X-ray showing no injury and your prior records do not indicate any problems that is helpful. It is curious as to why you were getting an X-ray the month before the accident.
Q: Do I need a lawyer for this interview?
Mr. James Charles Wright's answer
Yes. You likely need to at least talk with an attorney first. Lawyers on this site can't solicit business. You are welcome to contact a lawyer from this site if you have more detailed questions.
Yes. You likely need to at least talk with an attorney first. Lawyers on this site can't solicit business. You are welcome to contact a lawyer from this site if you have more detailed questions.
Q: Was assulted in my front yard, resulting in broken bones reconstructive surgery, stitches and concussion.
Mr. Kent Thomas Jones Esq.'s answer
That is your legal recourse. If someone commits a criminal act against you, you file a charge against them. At that point, you are the victim and will be required to show up in criminal court for testimony.
That is your legal recourse. If someone commits a criminal act against you, you file a charge against them. At that point, you are the victim and will be required to show up in criminal court for testimony.
Q: Is gathering information about a homeowner from the owners neighbors to sell them products an invasion of privacy?
1 Answer
| Asked
in
Business Law, Civil Rights and Personal Injury
for
Tennessee
on
Answered on Jun 8, 2018
Answered on Jun 8, 2018
Mr. James Charles Wright's answer
I am not aware of any prohibition on this. If your neighbors know, then it is not private anyway. Not much that is truly private anymore.
I am not aware of any prohibition on this. If your neighbors know, then it is not private anyway. Not much that is truly private anymore.
Q: my father gave my step mother everything in his will stocks bonds property all assets listed me and my sister children
1 Answer
| Asked
in
Estate Planning, Personal Injury and Real Estate Law
for
Tennessee
on
Answered on Jun 7, 2018
Answered on Jun 7, 2018
Leonard Robert Grefseng's answer
No, the property now belongs to the stepmother. What happens to it after her death will depend on what say does with it during the remainder of her life: she might spend it, etc. If she still has it at the time she dies, the ownership will depend on what her will says, and if she doesn't have a will, it will go to her heirs/family/kin.
No, the property now belongs to the stepmother. What happens to it after her death will depend on what say does with it during the remainder of her life: she might spend it, etc. If she still has it at the time she dies, the ownership will depend on what her will says, and if she doesn't have a will, it will go to her heirs/family/kin.
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