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Tennessee Wrongful Death Questions & Answers

1 Answer | Asked in Criminal Law, Adoption, Probate and Wrongful Death for Tennessee on

Q: What is the distance that Tennessee will extradition

I'm living in Florida and I now have a probation warranty in Tennessee

Mr. Kent Thomas Jones Esq. answered on Jun 9, 2019

I had a guy picked up in Philadelphia, PA by Tennessee Dectectives, because he did not serve his 48 hours for 1st time DUI. He was flown to Tennessee and put in jail.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Wrongful Death for Tennessee on

Q: can grand jury presentments be appealed or taken out of a county's initial jurisdiction if certain bias can be proven?

If the general public has reason and proof to believe that district attorney's offices/ law enforcement are being biased in their presentment of a case to a grand jury for indictment, what can be done?

Anthony M. Avery answered on May 21, 2019

Possibly nothing. But after Indictment the Defendant must defend against the charge. Improper Grand Jury proceedings might be argued at Pre Trial, Motion for New Trial or on Appeal. Without a clear Federal or State Constitutional violation that causes prejudice, no actionable error will arise.... Read more »

2 Answers | Asked in Civil Litigation, Medical Malpractice and Wrongful Death for Tennessee on

Q: my friends won a financial setelment and she passed monday how can her husband find the case # he cant find any info

it was a law sute over the death of their unborn child. she kept all the family records and he cant find any paper work on the case of the lawyers name the money was to be transfered to their account wednesday she has been brain dead for 3 weeks and was removed from life support and passed monday.... Read more »

Anthony M. Avery answered on May 17, 2019

There are several ways to find a Case as there are only so many Clerks of Circuit Courts and Federal Courts in your area. But are you sure a suit was filed in the first place? There may have been a Settlement without filing suit. You could start by calling every lawyer in the area and asking.... Read more »

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2 Answers | Asked in Wrongful Death for Tennessee on

Q: 2 girls attacked me and another girl was beating me with a bat. I was wondering can I sue them. And trying to see how.

I was walking down the street. It was three girls in a car that I have known for years since 8th grade. And I stop messing with them every since May 2018 because they always jumping people and being in mess and when I told them, they wanted to fight me. Back to what I was saying, they jumped out... Read more »

Bennett James Wills answered on Aug 20, 2018

Can you sue? Yes. Can you win? That's the more difficult question. There are time limits from when you can file a lawsuit for assault/battery. Plus the facts of each case are different. Consult an attorney to determine your options.

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1 Answer | Asked in Wrongful Death for Tennessee on

Q: My stepmom has filed a wrongful death suit due to my late fathers Mesothelioma. One as adminis,and one just in her name?

Filed in lillonois, lived in Tennessee

Robert D. Kreisman answered on Jun 22, 2018

There's nothing wrong with a spouse suing for his/her loss of companionship in a wrongful death case and also bringing the lawsuit in the name of the estate of the deceased (as administrator or executor) for the benefit of the heirs of the decedent, which would include the spouse and the children... Read more »

2 Answers | Asked in Wrongful Death for Tennessee on

Q: My brother committed suicide in August 2017 after his wife demanded a divorce. She knew of his past suicide attempts.

They were married 32 years and had 4 children. She never worked and appears to have a personality disorder.

Marjorie A Bristol answered on May 1, 2018

What is your question? If your question is do you have a cause of action against her, then the answer is no. She has the right to choose to divorce someone. I am so sorry about your brother. A love one's suicide is so hard. Mental illness was the cause of your brother's suicide, not your... Read more »

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1 Answer | Asked in Estate Planning, Probate, Small Claims and Wrongful Death for Tennessee on

Q: Could I sue my stepmom for not giving me anything or not coming up with my saving bonds?

My father killed himself in 2016. And I don't know the truth and I want to know if my stepmom or her family had anything to do with it. Also my great grandmother left savings bonds for me. And my stepmom will not give me anything of his or come up with my saving bonds. Also I'm not sure if he left... Read more »

Marjorie A Bristol answered on Dec 29, 2017

You should consult a probate attorney. If your father left a will, you would have been entitled to notice of probate. If he didn't leave a will, you are entitled to a portion of his estate.

1 Answer | Asked in Medical Malpractice and Wrongful Death for Tennessee on

Q: My daughter was diagnosed with RP at 8 and lost her vision. But continued on like a Boss.

At 15 shestarted acting strange and after several tests they did a genetic test and said the blindness was caused from Battens Disease and that she would die before 19. She made it to be 17. Why did the specialists at Vanderbilt not check to see why she went blind cause if i had Known this then i... Read more »

Peter N. Munsing answered on Dec 7, 2017

Generally they wouldn't do the tests because the treatment would likely be the same. However to give yourself closure --and as I may be wrong--contact members of the Tennessee Assn for Justice--they give free consultations. A grief counselor may help you process your natural but very heavy feelings.

1 Answer | Asked in Criminal Law, Probate and Wrongful Death for Tennessee on

Q: If a person commited suicide in TN( left a suicide note and requested no autopsy), can one be performed anyway?

Peter N. Munsing answered on Aug 24, 2017

I believe so if the Medical Examiner/coroner or police believe they need one.

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... Read more »

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 Civil Litigation and Wrongful Death for Tennessee on

Q: Is the one year statute of limitations still in effect in Tennessee? If so, is there another legal avenue?

Our 24-year-old granddaughter died of an alleged accidental OD, however she was forced into working as a Confidential Informant and details surrounding case very sketchy. Channel 4 I-Team did investigative piece that aired 6/2/17 which revealed that anyone who is on probation, per probation and... Read more »

Peter N. Munsing answered on Jun 9, 2017

Unfortunately, you are past the statute of limitations. Even if you weren't I don't know that you would have a case, as there is a difference between moral and legal responsibility. For your own peace of mind contact a local attorney who handles police misconduct cases--find them through this... Read more »

1 Answer | Asked in Wrongful Death for Tennessee on

Q: my father was incarcerated in tn. they did not get him any medical help until it was to late and he died.

do we have any rights here? he was very sick and they got him to the hospital to late. I live in Tx. and this happened in Tn

Peter N. Munsing answered on Mar 7, 2017

You'd want to contact the Tennessee Civil Liberties Union prison project, and find out the names of their "cooperating attorneys." They usually give free consults.

1 Answer | Asked in Wrongful Death for Tennessee on

Q: Can the adult children of a consortium damages award to the wife claim any part of it in the settlement?

Peter N. Munsing answered on Feb 1, 2017

Depends on their relationship to the decedent, and the law in Tennessee regarding their status. Suggest you contact a member of the Tennessee Assn for Justice--they give free consultations.

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 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 member... Read more »

1 Answer | Asked in Animal / Dog Law and Wrongful Death for Tennessee on

Q: Soon-to-be ex had my 9yr old dog put to sleep at the vet without my knowledge or permission. Can I sue her?

Going through a divorce. Married less than two years. Wife took my 9yr old Springer Spaniel to vet for an ear infection and had him put to sleep without my knowledge or consent. Can I bring a lawsuit against her? Is this a felony or misdemeanor? Thank you.

Peter N. Munsing answered on Sep 3, 2016

None of the above. If the dog went to the vet and was put to sleep I assume the vet had a reason. They aren't in the business of euthanizing dogs. She had equal right to the dog, so I don't see a suit. Even if you could bring one the law views loss of a pet as loss of the economic/market value of a... Read more »

1 Answer | Asked in Animal / Dog Law and Wrongful Death for Tennessee on

Q: Can I sue animal control? Or is there something I can do at all??

My 15 years old dog was taken out of my fenced in yard by animal control, but they left my four other dogs. She was very skinny, but she always ate. She was just old, and it was pretty obvious she was. They left no warrant or notice. It took me two days to even figure out she was in the pound... Read more »

Peter N. Munsing answered on Sep 2, 2016

Technically they may have violated the law by taking property--even if they claimed it was due to emergency circumstances.

Suggest you see if there is an animal rights lawyer in yor state you can speak with. Groups dealing with animal protection issues would be the best source. Ideally, if...
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1 Answer | Asked in Wrongful Death for Tennessee on

Q: Does the Claims Commissioner of the State of Tennessee have the right to ask a claimant "Who is preparing legal document

Our family filed a claim against the state of tennessee for wrongful death. Our brother was allowed to die in prison, as a result of in-adequate medical attention. The claims commissioner along with the state attorney General has said that I cannot assist my mother who is feeble, with legal... Read more »

Christopher Gilreath answered on Jul 7, 2011

The first thing to keep in mind is that the attorney general does not represent you, and are not in a position to give you legal advice. If your mother requests your help, you are certainly within your rights to assist her with understanding and completing legal documents. In Tennessee, a person... Read more »

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