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Tennessee Personal Injury Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law and Personal Injury for Tennessee on
Q: GTLA-removal of immunity. Where can I find the duty owed to me by city police in order to determine negligence?
Bennett James Wills
Bennett James Wills
answered on Nov 12, 2020

One place to start your research is 42 USC 1983 and Bivens v. Six Unknown Agents

1 Answer | Asked in Libel & Slander, Personal Injury, Sexual Harassment and Adoption for Tennessee on
Q: if I signed something while under the influence of something &also having a mental disability & didn't understand

i was lied to about everything from the beginning! first medical purposes only then I got a letter in the mail saying that I owed child support weeks and weeks later when the ones helping me with the child told me the reason they were offering me their help was because they could afford it and they... View More

Mr. James Charles Wright
Mr. James Charles Wright
answered on Oct 29, 2020

The law presumes people understand and read what they signed. Otherwise it would be really hard to enforce contracts. All someone would have to say is "I didn't understand" or "I didn't read."

On the other hand if you have a mental disability that would...
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1 Answer | Asked in Personal Injury for Tennessee on
Q: Can I sue my ex spouse for injuries he inflicted upon me while married after I caught him cheating with his co-worker?

He was found not guilty by prosecutor. His Miranda rights were not read to him. I live in TN now, he is still in IN. I moved for my safety.

Bennett James Wills
Bennett James Wills
answered on Sep 21, 2020

It depends on what the injuries were and when the occurred. And if the incident(s) occurred in a state other than Tennessee, you'll need to check that state's law on statutes of limitation.

1 Answer | Asked in Employment Law and Personal Injury for Tennessee on
Q: Do I have a case to claim relocation expenses and stress of relocating family with 2 disabled kids?

I was given an offer letter with relo bonus and told to relocate asap. Sent a new laptop and announced as a new hire to my team. After moving and less than a week before my start date, I inquired about my pending background check. then the company started moving my start date back (twice). Once the... View More

Mr. James Charles Wright
Mr. James Charles Wright
answered on Sep 10, 2020

Tennessee is an at-will employment state - but if you have an offer letter where the company agreed to pay for certain items and you were told to move as part of this you may be entitled to recover for the relocation expenses.

3 Answers | Asked in Personal Injury for Tennessee on
Q: Who is responsible for any persons hurt by a utility line down on the road that they have drove over?

I was injured by a power line while on the back of a motorcycle it was layed across the road brought down by a tree.

Mr. James Charles Wright
Mr. James Charles Wright
answered on Aug 4, 2020

The utility may be- but there has to be proof the utility knew or should have known the line was down and for a sufficient time that the utility could respond. If the line went down as the result of storm- and had just fallen the utility generally wouldn't be liable.

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1 Answer | Asked in Consumer Law and Personal Injury for Tennessee on
Q: my car was towed on the 2nd night of a 3day allowed stay, which the acknowledge, what can I do

I was then told to get it back today I would have a pay a gate fee,or wait till Monday, today being Sunday, please help me,my car has a handicap sticker in plain view also

Tim Akpinar
Tim Akpinar
answered on Jul 29, 2020

A Tennessee attorney could advise best, but your question remains open for two weeks. If you haven't already, just concentrate on working out reasonable terms for getting your car out of there for now. Each day it sits there, it continues accruing storage fees. You could sit down with a... View More

1 Answer | Asked in Personal Injury, Civil Rights and Juvenile Law for Tennessee on
Q: My wife took my 11 y/o daughter to get a retainer today. My wife was not allowed to accompany her to the exam room.

When she attempted to enter the room she was told Covid-19 policies prevented her from accompanying my daughter, this was after my wife had paid the fee. My wife was told that there would be only females in the exam room. My obvious question would be, is this legal? Of note, my daughter suffers... View More

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jul 28, 2020

This is a different world we live in for now. Medical Providers are trying to find a way to provide a relatively covid safe treating environment. I wish this had been explained better before you got there- so that maybe some of the anxiety issues could have been dealt with. My guess is your... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for Tennessee on
Q: Do I have a case?

I have Multiple Sclerosis & had osteonecrosis from steroids. The surgeon gave me one option, partial knee replacement. He did warn me of a possible MS exacerbation and I said I understand that, I have had them before. He did not warn of permanent disability, severe muscle spasms, stiffness,... View More

Bennett James Wills
Bennett James Wills
answered on Jul 17, 2020

Medical malpractice cases are far too complicated to answer on a simple forum such as this. You should shop around for a local attorney here on this website or elsewhere to review the facts and records of your case to best determine your options.

1 Answer | Asked in Personal Injury for Tennessee on
Q: Bought a truck they never told me it was in an accident. Can I do anything about it?
Brandon D. Fersten
PREMIUM
Brandon D. Fersten
answered on Jul 17, 2020

Yes, you have a few options to attempt to resolve this issue if the company knew that the vehicle was in an accident but concealed that information from you and you were not able to determine that the vehicle was previously involved in an accident through the carmax or a similar report.... View More

1 Answer | Asked in Personal Injury for Tennessee on
Q: Can a business be liable for an injury in handicap area if.there.is a step 3 inch high not painted yellow
Tim Akpinar
Tim Akpinar
answered on Jul 9, 2020

A Tennessee attorney could advise best, but your question remains open for three weeks. A starting point could be to consult with a Tennessee injury attorney - they could research or consult with disability attorneys as to whether such measures would have been included under federal or state... View More

1 Answer | Asked in Personal Injury for Tennessee on
Q: I had a robotic assisted prostatectomy. Later ER found intestine in a hole left by the robot. Do I have a case?

Was in hospital a total of 5 days

Tim Akpinar
Tim Akpinar
answered on Jun 18, 2020

A Tennessee attorney could advise best here, but your post remains open for two weeks. The answer to your question could hinge on whether the hole you describe was the result of breach of a medical duty of care, among other possible issues. That's something a medical professional would be... View More

1 Answer | Asked in Civil Rights, Family Law, Personal Injury and Elder Law for Tennessee on
Q: I am search of a TN lawyer that can help me with a unique situation involving my disabled, elderly, veteran father.

He may be being neglected and or abused and seems to be being help captive by his wife. Who herself has never shown the mental or physical capacity to care for another individual let alone one who is not ambulatory or verbal.

Tim Akpinar
Tim Akpinar
answered on May 26, 2020

I'm sorry for your difficult situation. Your post remains open for a month and you may be better off simply reaching out to Tennessee attorneys here (Find-a-Lawyer) or searching independently on your own. This isn't really a lawyer referral service - it's only a Q & A Board. Good luck

Tim Akpinar

1 Answer | Asked in Personal Injury for Tennessee on
Q: I was in Lowe's department store yesterday and a display holding large wood military signs fell on my leg cutting it ?

Do I have a claim I took pictures and made a report

Paul E. Tennison
Paul E. Tennison
answered on May 15, 2020

You may. I recommend you reach out to a personal injury attorney if you want to discuss further. In general, companies like Lowe's have a duty to ensure safety of their customers. Here, they may be liable for your injuries which may be severe if you are required to have surgery and lose time... View More

3 Answers | Asked in Criminal Law and Personal Injury for Tennessee on
Q: Can I sue a rehab facility for misplacing or “accidentally disposing” of my mother’s bag containing her necklace?

My mother wore the necklace all the time. During the Coronavirus lockdown of her facility, she put it in the side compartment of a luggage bag, because I wasn’t allowed to visit to pick it up. When I picked up her belongings after she passed, the bag was missing.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 20, 2020

You will need a competent attorney to evaluate your possible Case of Conversion. Evidence that the necklace existed and was stored in a certain place will be necessary. Heresay will not work. The value will have to be shown, which will probably be questioned. Your standing will be important.... View More

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1 Answer | Asked in Personal Injury and Products Liability for Tennessee on
Q: hello how can I find judgement's and settlements that were for myself maybe under a temp. guard or court appt. rep?
Mr. James Charles Wright
Mr. James Charles Wright
answered on Mar 3, 2020

It is possible to find judgments and court approved settlements. You would need to know where the case was filed- State Court or Federal. And then in what County or District. For Federal Court you can check online on the Pacer system.

1 Answer | Asked in Personal Injury for Tennessee on
Q: Workmen’s Comp. wants to take me to mediation because I got a second opinion from my personal doctor to get an MRI
Tim Akpinar
Tim Akpinar
answered on Feb 14, 2020

Your post remains open for a week. You could try reposting under the Workers' Compensation category. It would have better chances of being picked up there than in the Personal Injury category. Good luck

Tim Akpinar

1 Answer | Asked in Insurance Bad Faith and Personal Injury for Tennessee on
Q: Can you bring cause against another party for inflicting deliberate and forced psychological damages?

I was held against my will at a local hospital for weeks while they drained my insurance and abused me. The hospital doctors used all sort of claims and lies to keep me there under a psychiatric hold. This removed all my rights as a patient as well as my civil rights. I believe they did this... View More

Bennett James Wills
Bennett James Wills
answered on Feb 3, 2020

More facts would be required to evaluate your issues. Consult local counsel to determine what, if any, claims you may have.

1 Answer | Asked in Personal Injury for Tennessee on
Q: What is the limitation on a fall at work as far as a time frame to file suite?

I fell on ice at work because the employer refused to clean the ice and snow off. They did however take me to the ER where they took an X-ray and said I had a very bad concussion. Now three years later it feels like someone is sticking me with a branding iron between my shoulders.

Bennett James Wills
Bennett James Wills
answered on Jan 29, 2020

One year. See TCA 28-3-104. However, sometimes exemptions may apply. You would be wise to consult local counsel for a formal opinion.

2 Answers | Asked in Personal Injury for Tennessee on
Q: My 17 year old daughter broke her leg at a roller rink that had no safety rails on the wall is the rink liable?

She had surgery to repair 3 broken bones in her leg. She was there with a friend at this rink. She skated before, and is a beginner, just not at this rink. There was a sign posted skate at your own risk. But no idea there were no rails on the wall. She was never asked to sign anything. Can they... View More

Mr. James Charles Wright
Mr. James Charles Wright
answered on Dec 27, 2019

There was legislation proposed several years ago to limit skating rinks from liability. I don't believe this passed. But I haven't checked for purposes of responding. In the absence of a special statute limiting liability, the roller rink would be liable for premises defects that are... View More

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1 Answer | Asked in Personal Injury and Workers' Compensation for Tennessee on
Q: Can I get a workers comp settlement if I fell off ladder at work in tn?
Mr. James Charles Wright
Mr. James Charles Wright
answered on Dec 20, 2019

Probably. Ask your employer if they have worker's compensation coverage. Make sure the employer has notice of the injury. If the employer doesn't - and they are a contractor- you will likely need to talk to an attorney as contractor's are generally required to carry worker's... View More

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