Phillip H Miller’s Answers

Phillip H Miller

Nashville Car / Auto Accident Lawyer.

Contributor Level 8
  1. How many days are required in TN from the "Notice of Deposition" until the date of the Deposition?

    Answered almost 5 years ago.

    1. Phillip H Miller
    1 lawyer answer

    Depositions are almost always set "by agreement" so that if a date didn't work for you and you politely called the other side for another date, most of the time another date would be chosen. However, 5 days is the only required lead time. If you cannot make it on a particular date, you can ask the court to have it reset at a time that is better for you, but most of the time this is something that would be done with the lawyer for the other side.

    1 lawyer agreed with this answer

  2. Is it possible to sue an attorney for slander/libel and personal damages?

    Answered almost 5 years ago.

    1. Phillip H Miller
    2. Joseph Andrew Harrison
    3. Lars A. Lundeen
    3 lawyer answers

    The short answer is that YES, it is possible to sue an attorney for slander/libel. In your circumstances since it happened in court, he will claim legal immunity - I do not know whether that is a valid defense under the circumstances. The lawsuit itself would bring all this bad information out again and again, which might make it counterproductive and at the very least would create a written public record of things you probably don't want public. I think that it is unlikely that you will find...

    1 person marked this answer as helpful

  3. Involved in car accident 10 months ago very little damage to cars but now we are being sued.

    Answered almost 5 years ago.

    1. Phillip H Miller
    2. Stephen Todd Hastey
    3. Lars A. Lundeen
    3 lawyer answers

    First, unless your insurance company settles with this lady, you will be sued. She is unlikely to eat $12,000 in medical expenses and all that has gone along with that amount of medical treatment. Remember, there is another side to this case, and the last year may not have been a bed of roses for the lady your husband hit. The "good news" is that you will not have to hire an attorney. Your insurance company will hire one for you, and they will pay the expenses of the lawsuit as well. The real...

    1 person marked this answer as helpful

  4. If one discovers their vehicle was damaged by a shopping cart while shopping, is the store liable in any way?

    Answered about 2 years ago.

    1. William Ira Howell Acuff
    2. Christopher Gilreath
    3. Phillip H Miller
    3 lawyer answers

    Unlikely.

  5. Who's at fault? And how long should I wait?

    Answered almost 5 years ago.

    1. Joseph Gaspar DeGaetano
    2. Stephen Todd Hastey
    3. Phillip H Miller
    4. David Keith Stein
    5. Lars A. Lundeen
    6. ···
    6 lawyer answers

    Yes, you should contact an attorney. Without looking at the accident report it will be hard for anyone to give you definitive advice about what will happen with your case. The most important thing for you to do at this point is to get whatever medical treatment is needed- and as soon as possible. Delays in medical treatment are often interpreted as an indication of someone who isn't really hurt. You will have some "med pay" coverage under your own insurance that would pay for a limited amount...

  6. Auto accident liability under TN state law

    Answered almost 5 years ago.

    1. Phillip H Miller
    2. Mark M. Bello
    2 lawyer answers

    I would expect that the apartment complex has insurance to cover this kind of event, and that the most they would be out of pocket would be the deductible, probably no more than $1000. The best advice? It's hard to say. Paying $100 per paycheck maybe too much and you can and should negotiate to pay less with the understanding that it is your intention to pay the full amount. As to signing anything that might bind you in the future, including future court costs - the best advice is "no"....

  7. If my friend was driving my car and got into an accident, who's insurance company is responsible for paying the damage

    Answered almost 5 years ago.

    1. Phillip H Miller
    2. Jeena R. Belil
    3. Alan James Brinkmeier
    3 lawyer answers

    If you had coverage at the time, your insurance would pay first since he was using YOUR car with YOUR permission. If you don't have insurance, then his insurance would cover him for his possible negligence. It wouldn't cover you for your negligence (if for example he was a reckless driver and you knew it but let him drive anyway), nor would it cover the damage to your car unless it was due to the negligence of your friend.

  8. I fell in a major retailers parking lot due to a pot hole, this was reported and the hole documented by store employees.

    Answered almost 5 years ago.

    1. Phillip H Miller
    2. Jason Eric Kipness
    2 lawyer answers

    You should certainly go to the doctor and get whatever medical treatment is appropriate. Do you have the kind of claim where you will be able to get Walmart to pay you money? It's not impossible, but I doubt that Walmart will make a great effort to settle with you. The fact that there was a pot hole in the parking lot doesn't automatically make them responsible for any injury you received. If the pot hole was clearly visible, then it is likely they will say some "comparative fault" would be...

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