Morgan G Adams's Answers

Wrongful Death Lawsuit

I am sorry for your loss and how frustrating dealing with all of this must be for you. In TN the funds are disbursed as if your brother died without a will. This typically means it goes to his wife and children and his brothers and sisters get nothing. In other states it may be different. There may be more than one type of case (workers compensation in addition to a wrongful death) and one type of damage (compenstory and punitive damages leap to mind). I have handled cases where it was...

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I was involved in accident with a commercial dump truck in Georgia. I need advice!

Understand that as part of your damages you would be entitled to the difference between what your car was worth before the wreck and after the wreck. This includes the depreciation of the car. Even after it is fully repaired (and I would agree with you the car will never be right, even after repair) the car will never be worth as much as a car that was never in a wreck, even if they are othrewise comparable. The loss in your case, if you include depreciation, may be over the magic 75% damage...

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Should I be provided a rental car by the at fault party of a car accident under TN personal injury law

First, unless you personally have rental car insurance the other sides policy is not required to pay for a rental car for you. They are required to reimburse you for the rental car when the case concludes. This is unfair and puts pressure on people to settle for unreasonably low amounts but is allowed under hte law in TN. You are no longer entitled to a rental car once the insurance company gives you the money for your car, if your car is totaled. Now I have always believed you should have...

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I was in a auto accident and the police pulled open containers of alcohol from other driver truck. who is at fault?

You can ask the officer make a supplemental report if you don't like the way the report was written. The officer may, or may not, add the material you requested be included. You don't indicate if you were injured, sometimes it takes a while for injuries to show up. Don't settle for at least a month after you are sure you are fine. Once you settle your case is over. In regards to your car, also consider the depreciation if it was not totaled. You will now be driving a wrecked car that has...

I let my sister in law borrow my truck,she was in an accident and I am now being sued in civil court for 50k. Can I win this?

You need to send your insurance company a written demand that they "settle this case within policy limits of your coverage." This triggers certain duties that they have to fufill. Ask your compnay what is the amount of medical expenses claimed from the other driver? What is the insurance level of the driver of your car (assuming the driver won't tell you for some reason)? What was your last offer to settle this case and what was the injured persons last demand? If the driver of your car...

Auto accident

The issue isn't only your ankle, but how well you healed and what impact the injury has on your life after it healed. If you walked for a living, say delivering mail, and can't now due to your ankle, then the injury will have a greater value than an identical broken ankle for someone who sits all day long. In short the more impact on your life, the greater the compensation.

Do i have to sign over property that is in my name

If the property is solely in your name you should be fine. The issue is what was in your fathers will (shouldn't matter because the deed is in your name) and whether his wife believes that the land was somehow your fathers, and therfore hers. Wives are allowed a years support without a will, an amount that generally involves a lot of litigation. Don't forget without a will, you are entiled to a percentage of the estate as well.

Wrongful death settlement, can i sue to get a fair share?

You have to look at the laws of WV and it is clearly worth discussing with a lawyer. Generally death claims pass outside of the estate and, even if there is a will, follow the states intestate, that is to say without a will, distribution method. The heirs are typically limited to the spouse (who can either get a percentage of the recovery or 100%) and children. Children typically refer to natural children, step children are excluded. Age is generally not a factor. The relationship between...

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Minnesota civil rules, personal injury law statute of limitations

Every state has a time limit on how long you have to sue. You should contact a lawyer immediately to find out Minnesota's time limit. If you have medical bills and pain from the wreck, which your doctor's relate to the collision, you should be able to recover for your injury.

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About a injury

I would think you have a claim for negligent entrustment. Generally for negligent entrustment you need to establish four elements: (1) an entrustment of property; (2) to a person incompetent to use it; (3) with knowledge that the person is incompetent; and (4) that is the proximate cause of injury or damage to another. You should speak with a personal injury lawyer in your area immediately.

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