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Tennessee Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury for Tennessee on
Q: Can you only sue for dog bites or do attacks by other animals count?
Peter N. Munsing
Peter N. Munsing
answered on Apr 29, 2017

Any bite. You got bitten contact a member of the Tennessee Assn for Justice--they give free consults.

1 Answer | Asked in Bankruptcy, Divorce, Personal Injury and Car Accidents for Tennessee on
Q: my friend took someones car, totaled it, got arrested on a warrant, 6mo ago, he's still in jail, can he sue the owners

insurance for personal injuries ? he swerved to miss another car that came in his lane, they never stopped, no police report of wreak but owner did theft report, he didn't get charged for it though, he went off road hit a tree, hes still suffering with headaches & his arm, hes not had... View More

Peter N. Munsing
Peter N. Munsing
answered on Apr 14, 2017

If he had permission, and if the owner had insurance, then that would cover a potential claim. If your firend had his own auto policy, or lived with a relative that did he could look to that policy if it had uninsured motorist coverage. He should talk to a member of the tennessee Trial Lawyers... View More

1 Answer | Asked in Personal Injury and Criminal Law for Tennessee on
Q: If a Minor Attacks an Adult, Can the Adult Fight Back?

Example: If I was sitting at the park and a 15 year old come up to me and said he/her going to fight me and I said no and then he/her hit me and didn't stop, Could I fight back or Should I try to get him/her on the ground till the cops arrive?

Peter N. Munsing
Peter N. Munsing
answered on Mar 31, 2017

You could use appropriate force. I would suggest calling the cops first.

1 Answer | Asked in Employment Discrimination, Employment Law and Personal Injury for Tennessee on
Q: Can I sue if employment was refused based on my having to register as a sex offender? The case is 26 years old.

The job is not related to the case.

Peter N. Munsing
Peter N. Munsing
answered on Mar 29, 2017

Contact a member of the Texas Trial Lawyers who handles employment discrimination cases. Short answer is if your state doesn't have a preclusion of arrests or convictions, then it's not an illegal form of discrimination.

1 Answer | Asked in Real Estate Law, Bankruptcy and Personal Injury for Tennessee on
Q: Tennessee a non community property state, can my home be taken if someone receives a huge judgement against me?

The home is TITLED in only my wife's name but I'm on the mortgage. The home has little to no equity whatsoever. The case involves multiple parties.......

Ben F Meek III
Ben F Meek III
answered on Mar 28, 2017

No, probably not, under your stated scenario, for three reasons: 1) you don't own the house; 2) in most states, homestead exemptions bar creditors from seizing a marital residence lived in by husband and wife (the "homestead") (unless it's a creditor granted a consensual lien on... View More

3 Answers | Asked in Personal Injury and Landlord - Tenant for Tennessee on
Q: Can I sue?

have a court order stating that I was evicted and I had until Saturday March 11, 2017 at 3:00 p.m. to remove my fiance's my two daughters (ages 1 & 2), and my belongings. My family went to the home on March 10, 2017 to start gathering up our things.. Only to find that my landlord had... View More

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Mar 16, 2017

yes, you can sue for the value of the lost/destroyed property. If a physician will say that your depression was caused by these events, you can sue for that also, but consult a lawyer. You can't do this by yourself.

Birth certificates and social security cards can be replaced.

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1 Answer | Asked in Personal Injury for Tennessee on
Q: After a traffic accident I was given false insurance information. Would an atty want to pursue this for me?

I was rear-ended and the damages and injuries were minor. I wasn't sure if it's worth my time to find an attorney since the man who hit me doesn't have insurance and thus there won't be a big payout. I know attorneys are running a business and have to look at the "bottom line". Thanks for your help.

Peter N. Munsing
Peter N. Munsing
answered on Mar 7, 2017

Call a member of the Tennessee ass'n for justice--they give free consults. You may have uninsured motorists which takes care of these things.

2 Answers | Asked in Personal Injury for Tennessee on
Q: If you hit a motorcyclist are they at least partly responsible for their injuries if they didn't wear a helmet?
David Alan Wolf
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answered on Mar 3, 2017

A motorcyclist may be blamed in part or whole for his injuries depending on the laws of the State with respect to lack of use of a helmet. If a motorcyclist did not wear a helmet, it typically must be shown that the injuries would have been prevented or significantly lessened if a helmet was being... View More

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1 Answer | Asked in Criminal Law and Personal Injury for Tennessee on
Q: My son is receiving inadequate medical attention in prison. can i sue the federal prison system?
Peter N. Munsing
Peter N. Munsing
answered on Jan 27, 2017

He can. He should contact the ACLU Prison Project and find out what cooperating attorneys they have in Tennessee or whatever state the prison is in.

1 Answer | Asked in Personal Injury for Tennessee on
Q: Is it ever possible to recover more money than medical bills in a personal injury lawsuit?
Mark C. Hartsoe
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Mark C. Hartsoe
answered on Jan 27, 2017

Yes. There are a number of damages in Tennessee that you can seek including lost wages, future medical bills, pain and suffering, loss of enjoyment of life, permanent and disfigurement to name a few. I would suggest that you contact an attorney to discuss this issue. Note that Tennessee has a... View More

1 Answer | Asked in Personal Injury for Tennessee on
Q: If someone assaults me can I opt to sue them in civil court for money instead of criminal court that'd put them in jail?
Peter N. Munsing
Peter N. Munsing
answered on Jan 8, 2017

If they don't have money you suing them won't get you anything other than a paper. Second, it's up to the police to prosecute a crime, not you. Third, in some states there's a crime victims Act that pays for medical bills If the person is convicted.

2 Answers | Asked in Personal Injury for Tennessee on
Q: If I slipped in a store and injured myself, is there any reason I shouldn't accept the manager's offer to pay my medical

bills in full?

Bennett James Wills
Bennett James Wills
answered on Nov 22, 2016

Depending on the extent of injury you may be able to recover additional damages. You should consult with counsel prior to accepting any settlement offer.

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2 Answers | Asked in Family Law, Personal Injury and Car Accidents for Tennessee on
Q: If my daughter has an accident in her mother's (my ex-wife) vehicle with no insurance. Can I be responsible for damages?

I have insurance on my vehicles, but her mother doesn't always carry insurance on her car. Just to clarify. My daughter is 16. I didn't know if this makes a difference since she is a minor and still my responsibility.

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Nov 4, 2016

You are only potentially liable for another driver if you are the OWNER of the vehicle. If you are divorced, there is no family relationship between you and your ex wife, so assuming that you wife is the owner ( that is, her name only in on the title certificate) then you could not be held liable.... View More

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2 Answers | Asked in Personal Injury for Tennessee on
Q: What are the Bully Laws in my area?

My boyfriend's sister doesn't want me in her brother's life, I am in my 50s, my boyfriend in his 40s and his sister is 50. Twice now she has harassed/bullied me on this subject. Once on the phone about a month ago, and this past Saturday evening while she was here in our home to... View More

Peter N. Munsing
Peter N. Munsing
answered on Oct 24, 2016

The law doesn't protect against people being idiots. Unless there is a third party that she will respect, sounds like the type of passive aggressive who loves to get on people so reacting just reinforces. Suggest boyfriend set boundaries, be willing to enforce them.

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1 Answer | Asked in Personal Injury for Tennessee on
Q: What can I do if being denied adequate pain relief aft 6yrs bc of discriminatory laws against pain patients and their D

In pain Mgmt for 6+ yrs for nervous system disorder causing constant pain

Lost career

Refused disability

Almost housebound due to pain and lack of relief

No drug abuse

Strongest meds given =tramadol and anti-anxiety (no abuse as documented by pain mgmt... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 30, 2016

Not the answer you want to hear, but Don't Mourn, Organize--patients, providers need to write letters to State Legislatures. Under the law it isn't discrimination for the legislature, state or federal, to say "we are going to ban or severely restrict a certain type of... View More

1 Answer | Asked in Personal Injury and Wrongful Death for Tennessee on
Q: My mother fell on an amtrak train developed cellulitis and died 4 1/2 months later can I sue amtrak

She started an injury case before she died

Peter N. Munsing
Peter N. Munsing
answered on Sep 28, 2016

The fall would be tough as there is caselaw saying that jerking stop and start motions are part of train (and bus) riding. The cellulitis can happen from many causes once you have a cut. I don't see it but it would certainly make sense in a death case for you to contact an attorney who is a... View More

1 Answer | Asked in Health Care Law, Medical Malpractice, Personal Injury and Civil Rights for Tennessee on
Q: Is it negligence or malpractice when a health provider refuses to give you medical care

I went to see a healthcare provider for back and knee pain. He gave me Motrin and sent me on my way without asking questions or taking any tests. A couple weeks later I went back fro extreme pain and swelling in my legs and feet to the point my feet were turning blue. Provider said it was a... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 28, 2016

It isn't required that they treat you. . Did you ask them for pain medication? Doctors these days are twitchy about people who ask for pain medication. k

However, the ACA and medical records act require they provide you with your records. If they have an attitude, if they are part of a...
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2 Answers | Asked in Personal Injury, Civil Rights and Medical Malpractice for Tennessee on
Q: What is my next step after I file a lawsuit
Peter N. Munsing
Peter N. Munsing
answered on Sep 19, 2016

First step would be get a consultation with a member of the Tennesee Assn for Justice. They give free consultations. You note "medical malpractice." If this is that type of case, you do not want to do it yourself--they are extremely expensive, very very complicated, and you can end up... View More

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1 Answer | Asked in Personal Injury and Workers' Compensation for Tennessee on
Q: Storm drain collapse trailer fell to one side. While being loaded. I injured my right tricep torn my muscle. Can i sew?

I was finishing loading a trailer it feel to one side caused my right arm to slam into trailer wall. Then across product. The trailer was parked on drain crate. Which collapsed and caused loaded trailer to fall. They are letting me work / walk around filing paper work. I'm on worker's comp.

Peter N. Munsing
Peter N. Munsing
answered on Sep 16, 2016

Depends on who owns the property where the drain is. If it's your employer, chances are no, as the whole reason they set up the Workers Compensation was less to compensate workers than to get employers off the hook.

However if you were loading/unloading product at a plant owned by some...
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1 Answer | Asked in Car Accidents and Personal Injury for Tennessee on
Q: I was hit and my car totaled last month by someone who was involved in a road rage incident with another driver.

The person that hit me was totally at fault, I had to go to the emergency room and I am currently undergoing physical therapy for my neck but I have been able to work. I had sort of expected to hear from the other person's insurance company regarding some sort of compensation for my injuries... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 24, 2016

First, be glad they didn't. They'd get you to say something you thought was helpful but that helped them. Do understand that you only get paid after a hassle and at a minimum you need to contact a member of the Tenn Assn for Justice --they give free consultations--to understand your... View More

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