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Larry Van Roberts
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Larry Van Roberts’s Answers

129 total


  • Can I be forced not to use workmans comp for an injury at work?

    I hurt my back at work and went to the hospital and used workmans comp, they took x rays and the doctor informed me I had bone issues in my lower back, my employer was furious I used HER workmans comp, but as the doctor put me on steroids and othe...

    Larry’s Answer

    No. Filing a workers compensation claim when you're injured is a right that is protected by statute in Tennessee. If you are retaliated against for filing your workers compensation claim, you may have a retaliatory discharge lawsuit against your employer. Don't be afraid to report the injury but make sure you do it immediately because you want to make sure you meet the 'notice' requirement of giving your employer notice of your injury. Good luck!

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  • WHAT IS THE STATUE OF A MEDICAL MALPRACTICE

    I HAD SURGERY ON MY RIGHT THUMB THEY WRAPPED MY HAND TOO TIGHT AND MY DOCTOR SAID THAT IT CUT THE LEADER GOING TO MY PINKY FINGER CAUSING PROBLEM WITH MY HAND AND FINGER

    Larry’s Answer

    Unless you have a permanent injury, it would most likely not be worth your time to proceed with a medical malpractice case. However, immediately contact a local medical malpractice attorney to discuss your case/

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  • Do doctors in Tennessee have a *legal* obligation to report another doctor's mistake that they discover?

    I was the victim of one doctor not reporting another's mistake. I realize that the doctor had a *moral* obligation to report, but I can't find anything in the TN codes about a *legal* obligation. The legality is important because it might determin...

    Larry’s Answer

    Not a legal obligation, but if the mistake involves fraud or dishonesty, the Medical Code of Ethics requires other doctors to report the mistake to a governing authority for that particular type doctor.

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  • Defendant passes time limit to answer Complaint.

    Personal injury case. Filed a lawsuit and the Defendant took forever to answer the Complaint. i.e. way way way passed the deadline. I think their insurance company decided to take forever to hire an attorney for the Defendant. I know if they fail ...

    Larry’s Answer

    A judge will most likely deny any motion for default judgment. It is not unusual for the defense to be late in filing an answer. However, if it gets to be later than a few weeks, a motion for default judgment may be in order.

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  • Can a medical malpractice lawsuit in TN be justified by emotional damages alone or does there need to be physical damages?

    I've heard that in VA, personal injury lawsuits cannot be based solely on emotional damages. There has to be some physical damage. There are exceptions, such as cases of willful and wanton negligence. I was wondering how it worked for medical m...

    Larry’s Answer

    Generally, physical injuries are required for emotional injury to follow. However, if the emotional injury is "severe", you may be able to proceed with emotional injuries only. Contact a Tennessee attorney to discuss the specific facts of your case for a definite answer. Good luck!

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  • Was bite by a customer dog and would like some kind of compensation for scars and now terrified of dogs

    work for a retail establishment and went on deliveries one time. We notified customer about 30 mins of our arrival to deliver their products. The customer had a back fenced in area and her and her mother were back there with two dogs. While we ...

    Larry’s Answer

    You were hurt on the job so contact a good workers comp attorney in Nashville.

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  • Am I required to go forward with a deposition if I am offering to settle a case? (personal injury)

    I am in a suit against my car ins. company involving my neck injury in a car accident . I am ill, recovering from a recent operation and ongoing medical problems, pregnant (high risk) and unemployed. I cannot afford costs associated with ongoing...

    Larry’s Answer

    Yes, the defense is allowed to depose you whether or not you offer to settle the case. If you are ill and unable to go forward with the lawsuit, your attorney may file a motion to stay the lawsuut until you are healthy to proceed. Whether or not the judge grants such a motion remains to be seen. Also, you may be entitled to take a voluntary dismissal without prejudice. This would allow you to refile the case within a certain period of time following the dismissal. I am not licensed in Georgia, so immediately contact a local personal injury attorney in your state. Good luck!

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  • Can an auto accident case be dismissed without prejudice ?

    my wife was involved in an auto accident which was not her fault,our attorney is advising us to take a settlement that we feel is to low ,even so since we have been put into financial hardship by this so we wanted to take the settlement but dismis...

    Larry’s Answer

    Yes; an auto accident case can be dismissed without prejudice. However, that means you do not settle the case but dismiss the case with the right to refile the case within one year after dismissal. I have never heard of an insurance company in Tennessee settling a case, allowing a plaintiff to dismiss a case without prejudice and then refile the caes. Once settled, the case is settled.

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  • Two years ago I was a trainee truck driver involved in a terrible accident but my trainer was driving when the accident occurred

    Two years ago, on a road trip with my trainer we were involved in a terrible road accident. My trainer was the driver at the time of the accident. I gave the case to a lawyer to handle the case who after a long period wrote me that there was nothi...

    Larry’s Answer

    Immediately contact a local attorney who has experience with personal injury and workers compensation cases. You may still have a case.

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  • I had a lumbar disc implant two years ago after getting hurt at work. Two surgeons have recomennded I have a double fusion

    I was fired 7 days after injury and told I had amultiplire of 6 on my settlement. Insurance had a review and they say I should have more PT first. Very stressed because things are in the appeals stage and I can't get any information on my case, wa...

    Larry’s Answer

    First, you were fired 7 days after your injury. So, did you file a workers comp claim immediately after the injury? If so, did your employer retaliate against you for filing the workers comp claim? You may have a retaliatory discharge claim against your employer. You should talk with your attorney about this. Next, you obviously have a very serious injury. So, if your attorney does not call you back until a month after your call, that's a problem. I would make an appointment with your attorney and try to find out exactly what's going on. If you don't get straight answers or feel comfortable with your attorney, I would strongly consider hiring another attorney. There are plenty of good injury / workers comp attorneys in Memphis. Good luck!

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