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Tennessee Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury and Workers' Compensation for Tennessee on
Q: I was in a 20ft deep whole without a respirator. Shovel dirt And was laid or fired after I mention do I have a case
Mr. James Charles Wright
Mr. James Charles Wright
answered on Oct 24, 2017

If you told your employer that you were going to report this to the appropriate authorities (whistleblowing) you may have a cause of action. See TCA 50-3-409.

50-3-409. Discrimination against employee.

(a) No person shall discharge or in any manner discriminate against any...
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2 Answers | Asked in Personal Injury and Civil Litigation for Tennessee on
Q: A second judge has appeared on my docket. He's not the presiding judge. The defense attorney quit abruptly.

Auto accident civil case.

Mr. James Charles Wright
Mr. James Charles Wright
answered on Oct 17, 2017

Judges can change on a case. That is not unusual. As to the defense lawyer- in order to "quit" an order of withdrawal must be entered by the court. I can't tell from your post whether you are the Plaintiff or Defendant and I would need more information to comment further.

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1 Answer | Asked in Car Accidents, Insurance Bad Faith, Libel & Slander and Personal Injury for Tennessee on
Q: How to sue my ex girlfriend for damages to another car in an accident, stealing and totally my car, the person suing me

I was in the hospital at the time of the accident and she found and stole my spare key to my car and ending up totaling it

Peter N. Munsing
Peter N. Munsing
answered on Oct 9, 2017

If you had insurance that should cover the suit. Even if they say they aren't covering the event,you are being sued and they should cover you, and get you an attorney. That's what you pay insurance for. They will go after your girlfriend.You can also sue her for the loss of your car but... View More

1 Answer | Asked in Personal Injury and Libel & Slander for Tennessee on
Q: Can I sue my ex who is talking all kinds of lies about me on facebook?
Quinton E. Thompson
Quinton E. Thompson
answered on Sep 27, 2017

You can sue him for defamation if he is lying about you and it has somehow damaged your reputation.

2 Answers | Asked in Personal Injury for Tennessee on
Q: I was a victim of road rage by a semi driver. What kind of lawyer do I need? No physical injury to me or my fiance.

A semi driver was swerving at us. Then when we pulled off the interstate at our exit, he was on the shoulder and shot out our passenger side window and the bullet hit the dash. He was arrested.

William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 1, 2017

Need more information, about whether driver entered a guilty plea, or was acquitted, or case dismissed, or diversion, after the arrest for Agg Assault was made.

Call me, and I can refer you to a TN attorney.

William Head

404-567-4030

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1 Answer | Asked in Personal Injury and Car Accidents for Tennessee on
Q: A friend of my wife's borrowed my wife's car (its in her name only) and caused a wreck. Can I be sued?

I live in Tennessee....A friend borrowed my car and caused a wreck. Can I be sued?

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

First if you had insurance, you make copies of what you got served, you fax a copy to the adjuster who is handling your wife's case, you send hard copy certified return receipt. At the top of each page you right "insured: _______________" and your wife's name, you put the claim... View More

1 Answer | Asked in Personal Injury and Wrongful Death for Tennessee on
Q: Can a person make a promise on behalf of someone else?

A target range insists that customers sign a waiver that if they are injured by anyone at the range, even employees, and even if ON PURPOSE (shot and injured or killed) that their heirs, family, friends and so forth will not sue the range for liability. Is that waiver/requirement even legal? How... View More

Mr. James Charles Wright
Mr. James Charles Wright
answered on Aug 17, 2017

Releases of liability generally enforceable to protect from liability for negligence. The release would not be valid to protect from intentional acts of the business or its employees. You are right to weigh carefully whether to sign a release.

1 Answer | Asked in Personal Injury and Insurance Bad Faith for Tennessee on
Q: What can I do about hit and run?

Was gently rear-ended while driving on a busy but narrow 2 lane road. I pulled into a nearby driveway thinking the person who hit me would follow. He drove on by but I got his license tag. I examined the car and there was damage. Didn't know what to do so headed home and then called the... View More

William C. Head
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answered on Aug 17, 2017

You can identify the driver and the vehicle. This is a crime. Call back to talk to a desk sergeant, to see why no one has called you back.

1 Answer | Asked in Business Law, Contracts and Personal Injury for Tennessee on
Q: I have a long, involved situation with the builder of our home who has also financed us.

We were sold a home with no running water or electricity, which we were forced to live in for two weeks. Promised repairs were never made and we don't even get a response from the builder any longer. He refuses to return our calls.

Mr. James Charles Wright
Mr. James Charles Wright
answered on Aug 16, 2017

The first issue is to look at your contract. Look for areas where the contractor did not fulfill the terms. The next is to look for time limitations to bring actions. You likely have a one year home warranty. Or you could have bought an extended warranty. These may impact whether you still... View More

1 Answer | Asked in Animal / Dog Law and Personal Injury for Tennessee on
Q: I was bit by a neighbors dog when i went to get my dog out of my neighbors yard. do i have any rights?
David Alan Wolf
PREMIUM
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answered on Aug 1, 2017

As I understand it, Tennessee has strict liability for a dog bite in place if the dog bite victim was on public property or lawfully on private property. Under your facts, the neighbor and / or the insurance company for the neighbor may have a defense to the dog bite injuries by arguing that you... View More

1 Answer | Asked in Personal Injury and Workers' Compensation for Tennessee on
Q: Injured on the job in 2009 in TN, rec settlement/lifetime medical. Carrier in breech of L M. Can I sue employer ?

Former employer is self insured and violated my civil rights surrounding the injury, rights that, at the time, I did not realize that I had. I was fired shortly after returning to work. Settlement was mediated through TN Dept of Labor. My part of the settlement contract was that I agreed not to... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 21, 2017

Contact the lawyer you had. If you didn't have one, contact a member of the Tenn Assn for Justice who handles comp cases. This is not d.i.y. time.

1 Answer | Asked in Personal Injury for Tennessee on
Q: My husband was incarcerated recently. While in custody he was involved in a fight & injured. Do we need a lawyer?

He was tazed in the back 3 times by an officer causing him to fall & bust his head on a metal bunk. He was transported to er the next day for treatment. He had to have surgery immediately & had titanium plates put in his face. He has since been released but we are continuing his treatment.... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 21, 2017

You need to contact the Tennessee Civil Liberties Union, ask for the names of "cooperating attorneys " for prison issues.They are very specialized cases. The lawyer will give you a free consultation. You/your husband want to get that.

2 Answers | Asked in Personal Injury for Tennessee on
Q: How do I factor in my inability to take care of my kid (I am a single parent) in my claim?
David Alan Wolf
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answered on Jul 20, 2017

You asked a fairly broad question. There are two kinds of damages: economic damages and non-economic damages. Economic damages are measurable damages in the form of past and future medical bills, wage loss, and other expenses which may include child care if you have that expense and did not have... View More

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1 Answer | Asked in Animal / Dog Law and Personal Injury for Tennessee on
Q: a friend wants to keep his pitbull in our yard in a gated area. If the dog injures someone, are we liable?

the house is uninhabited as the principle resident, my mother, is abroad for an extended period. The dog will be unleashed and unattended and the gate unlocked while the dog is in it.

Peter N. Munsing
Peter N. Munsing
answered on Jul 18, 2017

Depends on height of fence etc. Dog should likely be on a chain, there should be good insurance on the house.

Short answer--mom is liable if she--via you--allows someone to park an animal known to have bitten people in her her backyard, with no lock on gate etc. What if dog gets out? Bad news.

1 Answer | Asked in Personal Injury for Tennessee on
Q: while climbing up the stairs on a medical bus I fell forward, hit my mouth on the computer and broke my bridge work.

Do I have a claim

Peter N. Munsing
Peter N. Munsing
answered on Jul 6, 2017

Only if there's a reason that someone else caused you to fall--if you just tripped and fell, it's on you.

1 Answer | Asked in Personal Injury and Workers' Compensation for Tennessee on
Q: I was injured at work and I have been doing physical therapy and two spinal shots. I am a little better but I know my

I know my lower back is never going to be what it was before getting hurt. I do not know how as it comes to the end of the workman's comp time to ask who or what to do about my loss without having an attorney. Will workman's comp automatically make a decision on my injury or do I need to... View More

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jun 30, 2017

In a worker's compensation case the employer provides/ pays for medical treatment related to the injury. During the time a person is off work the carrier also pays temporary total disability payments. If the employer returns someone to work they do no receive temporary disability payments... View More

2 Answers | Asked in Medical Malpractice and Personal Injury for Tennessee on
Q: I am filing malpractice lawsuit that resulted in death of a parent it is being filed on my behalf do I have to give to

Other sibling that said he wanted nothing to do with it in state of tennessee

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jun 20, 2017

Medical negligence cases are very difficult to file without a lawyer. There are a lot of procedural requirements. That is a caution to you. Consult, call a lawyer that does medical negligence cases.

To your question- there is astatute dealing with who can bring an action for wrongful...
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1 Answer | Asked in Personal Injury for Tennessee on
Q: i was whiplashed auto wreck last summer, 4 mo physical therapy, now being offered 5000 to settle. is this a fair amt?

police report shows not my fault, my car totaled, ambulance ride to ER, 4 months physical therapy for whiplash. other persons insurance company now offering to pay subrogation amt of 5000 to my insurance company (car already paid for) and 5000 to me. Is this a fair amount? My lost wages over 1000.... View More

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jun 15, 2017

I would suggest you talk to an attorney and not post more about your claim. It may be a fair amount. But hard to tell based upon what you have explained. A good attorney should tell you if this is a fair amount and if not why- without charging you.for an initial consulatation. If this happened... View More

1 Answer | Asked in Personal Injury and Real Estate Law for Tennessee on
Q: if i post no trespassing signs, could i do something such as set bear traps to injure/capture trespassers?

I am in TN, my property is currently vacant and in a rural area. I own the property outright.

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jun 11, 2017

No. You may catch a trespaser but the trespaser can sue you for any injury. If you set beartraps to deter people you will likely be liable for injuries. Fences, barriers and signs. Placing video and outdoor cameras may help you identify.

1 Answer | Asked in Personal Injury and Criminal Law for Tennessee on
Q: If I went to court for a restraining order for someone assaulting me, how can I have that person prosecuted?

I was assaulted on the job by a co-worker and no report was taken by the supervisor. I received medical care for my head injury and got a restraining order in court, but the DA office is telling me there is no further action they can take.

Peter N. Munsing
Peter N. Munsing
answered on May 3, 2017

Not sure why they can't take action. Contact the victim assistance coordinator for a better explanation. If it's on the job you may have a comp claim--contact a member of the Tenn. Trial Lawyers Assn that handles workers compensation--they give free consultations.

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