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Tennessee Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury for Tennessee on
Q: Would a hotel be held liable for injuries sustained on a piece of pool equipment that is in disrepair?
Peter N. Munsing
Peter N. Munsing
answered on Aug 24, 2016

Depends what it is--if it's a dving board that breaks (and it's not roped off) yes. If it's part of the pump system that says "employees only" and someone decides to take a peak and gets hurt, no.Suggest that if the person has an injury they need to 1)have someone photo... View More

1 Answer | Asked in Elder Law, Nursing Home Abuse, Personal Injury and Tax Law for Tennessee on
Q: My Brother had filed a lawsuit against several nursing homes he was in for elder abuse, damages against a person. He

died before the lawsuit was settled, and lived in the state of California. I live in Tenn. I was named successor in interest over my brothers Lawsuit. He died on 11/27/2015 while Tn inheritence tax was in effect, The total amount I received was 28658.69. I plan on deducting 4500. for an expense he... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 21, 2016

your lawyer should be able to answer that. The law of the state where the estate is governs. Also note generally the claims of injury cases are not subject to state or federal taxes, and hopefully your lawyer worked the wongful death/survival claims in a way that gives the best bounce. But you... View More

1 Answer | Asked in Animal / Dog Law, Contracts and Personal Injury for Tennessee on
Q: I purchased a puppy that I was told was kid friendly. 2 days later it nipped my child in the face. What can I do?

The person I purchased it from assured me if there was a problem they would take the puppy back and refund my money. Now they are saying they don't think they should. Can I take any kind of legal action to make them take the dog back and refund my money as they said they would?

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

If they said they would then it's something you can take them to small claims for--ask for costs of keeping the dog or they take dog back.

1 Answer | Asked in Criminal Law, Personal Injury and Real Estate Law for Tennessee on
Q: Is it legal, in Tennessee for a neighbor to have security cameras pointed at your yard?

My elderly dad's neighbor has several security cameras pointed directly on his yard. Daddy hates it.

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

Probably not illegal--tacky, but not illegal. But ask cops, a local attorney.

2 Answers | Asked in Criminal Law, Personal Injury, Car Accidents and Civil Litigation for Tennessee on
Q: The TCA cod 55-10-119 states you don't need a warrant. Why is this officer insisting that he should file a warrant.

The other driver was in fault and died at the scene I would call driver 2. But driver 1 did not have a valid license and was not in fault according to the officer and insurance, the car was his mother. It has been 7 days later and no warrant has been filed and the officer said he would. Waiting,... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 3, 2016

Maybe he changed his mind. Like when an officer says he'll issue a citation and doesn't--isn't necessarily bad.

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1 Answer | Asked in Personal Injury and Real Estate Law for Tennessee on
Q: If Rooms To Go ran over my mailbox and my neighbor saw it are they required to repair or replace it.

They say they will not unless I do all the leg work for them.

David Alan Wolf
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answered on Apr 18, 2016

Rooms To Go should be more gracious and forthcoming in repairing or replacing the mailbox. However, if Rooms To Go is willing to foot the costs - it may be worth it to do the leg work to get your mailbox in order. It is not worth the cost or hassle to take this matter to smalls claims court or to... View More

1 Answer | Asked in Personal Injury and Libel & Slander for Tennessee on
Q: Can I sue for defamation if someone claims I threatened their kids filed charges & the "threat" is found to be baseless
David Alan Wolf
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answered on Apr 18, 2016

A defamation case or claim is quite difficult and complex. There are two ways to view any case including a defamation case: 1. Legal Cause of Action; and 2. Practical Cause of Action. If the elements of a legal case can be alleged and proved, then an action of defamation can be pursued. Each... View More

2 Answers | Asked in Personal Injury for Tennessee on
Q: What is the advantage of accepting a lump sum settlement over installments? Isn't the amount the same in the end?
David Alan Wolf
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answered on Feb 19, 2016

You asked an excellent question. The amount that you will be paid or that you will receive will depend on the terms and payments. You should discuss this with your attorney or you may want to hire an attorney to review the settlement. It may be beneficial to have the payments over a period of... View More

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1 Answer | Asked in Personal Injury for Tennessee on
Q: Can I get sewed for someone getting hurt (Possible concussion) on a hoverboard (That we brought) if they are at work?

We were at our local bank early this week and the employees asked for us to bring our hoverboard in so they could ride it. So today we brought it in and one of the employees was riding it and they feel backwards and hit their head. We called an ambulance and they took her to the hospital for a... View More

Adam Studnicki
Adam Studnicki
answered on Feb 4, 2016

Anyone can sue, but generally negligence has to be proven. You may want to report it to your insurance and/or consult a lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it...
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1 Answer | Asked in Personal Injury for Tennessee on
Q: My daughter was 17 riding on four wheeler with a 23 year old man..she was thrown off and killed. ..He ride without my

Permission. ..what are the laws in tn for this...All the blood test aren't back not sure if drugs or alchohol were involved..As of yet...but is there a law to prosecute because she was a minor?

Adam Studnicki
Adam Studnicki
answered on Nov 16, 2015

I am sorry for your loss. It's not clear what happened here. Talk to an injury lawyer about the details.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work...
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1 Answer | Asked in Personal Injury and Workers' Compensation for Tennessee on
Q: I was denied by my employer to file a workmen comp claim. No accident, but problem was work related. Can I file?

Dr wanted me to file workman's comp so it could be denied or accepted before he treated me. He stated insurance company could sue him if this was not done and it was determined to be work related. Emailed request to my employer and was told, this was my problem not workman's comp. I took... View More

Adam Studnicki
Adam Studnicki
answered on Nov 14, 2015

A local wokers' comp lawyer can review and advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate...
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1 Answer | Asked in Personal Injury for Tennessee on
Q: A mower was attacked in my yard by a swarm of yellow jackets, will this be covered by my home owners liability?

He didnt do anything intentionally to provoke this incident & has been to the ER TWO TIMES, HIS ENTIRE FACE & HEAD IS STILL SWOLLEN. I KNOW HE HAS TO HAVe tremendous discomfort.

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 25, 2015

Probably, Have you read the policy?

1 Answer | Asked in Personal Injury for Tennessee on
Q: If someone was injured in TN what code would you use to request the businesses insurance?

I work for a law firm in Georgia and we represent a client in Georgia who was injured at a business located in Tennessee. We are needing to make a request for the business to provide us with their insurance information. What code would I use when writing the demand letter to the business?

Adam Studnicki
Adam Studnicki
answered on Sep 17, 2015

You should ask a lawyer you work for. In many states, there is no requirement to reveal that information unless a lawsuit is filed or a subpoena is served.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information....
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1 Answer | Asked in Personal Injury for Tennessee on
Q: I am being harassed by neighbor please help

Me and husband moved into our home and my husband introduced himself to this neighbor and she rushed out claiming the front of my home is hers and parked all her cars in front. At that time we have made no contact with her and since then she started using an intruder alarm every time I'm... View More

Adam Studnicki
Adam Studnicki
answered on Sep 17, 2015

Talk to a local lawyer to see if you can get an injunction, whether she is violating laws (noise restrictions) and other options.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and...
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1 Answer | Asked in Personal Injury for Tennessee on
Q: My truck got hit with rocks from a bush hog the county owns..They sent me to get estimate.shouldnt they get me a rental

They will have to keep my truck % or 6 days. Shouldn't they get me a rental car while my truck is being fixed?

Adam Studnicki
Adam Studnicki
answered on Sep 17, 2015

You can certainly ask them for one.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem...
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1 Answer | Asked in Personal Injury for Tennessee on
Q: My church refuses to release fundraiser funds to me, plus violated my rights by having a member DR. illegally go thru my

Medical Files . What are my legal rights here, I'm owed over 23k , they were to match so really over 50k . I have been pushed out as a member as well, I'm too sick to attend , or fight them. I'm a transplant patient /Surviver.

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 9, 2015

Have you thought about going to see a local attorney for a full discussion? Start with that.

1 Answer | Asked in Criminal Law, Employment Law and Personal Injury for Tennessee on
Q: I was just accused of watching pornography at work by a supervisor. He brought the accusation to the head of the company

I was just accused of watching pornography at work by a supervisor. He brought the accusation to the head of the company, as well as accusing me of other things. The ceo and HR called me in and searched my computer finding nothing and are refusing to show supposed proof even though there is none.... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 4, 2015

Go see a lawyer for a full discussion about this.

1 Answer | Asked in Personal Injury for Tennessee on
Q: can i still suie the tennessee department of corrections for me falling in my cell at the northeast correctional complex

If it has been over a year since I fell it has broke discs f1 threw f6 in my mid upper back

Adam Studnicki
Adam Studnicki
answered on Aug 4, 2015

There are strict deadlines for making legal claims. In many states, those deadlines are much shorter for claims against public entities and employees. Talk to a local injury lawyer ASAP to see if you have a viable claim.

Please Take Notice: I am not your lawyer unless we enter into an...
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1 Answer | Asked in Personal Injury for Tennessee on
Q: do i have a case? i fell in a parking lot of a resturant and messed my arn hand and elbow up..what can i do?

as i got out of a car at a resturant my foot caught on the concret slab that stops the car from running in building and i fell backward on avement hittin my head arm wrist and hand all on right side of my body..ambulance came and i went to ER

Adam Studnicki
Adam Studnicki
answered on Jul 14, 2015

Not enough information to say. You may have a case if you can show the owner of the property allowed a dangerous condition to exist. Talk to a TN injury lawyer to see if you have a viable claim. Injury lawyers offer free consultations, so there is no obligation.

1 Answer | Asked in Personal Injury for Tennessee on
Q: I live in TN, I was hurt in 8/2006. Is there a time frame before I can get the money set aside for medical bills?

The lawsuit was settle 9/28/20008. I was paid my portion. The attorney got her portion, and the amount for the medical bills is in a bank account held by the attorney.

Jimmy Fain Rodgers
Jimmy Fain Rodgers
answered on Nov 19, 2014

You need to discuss this with your attorney.

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