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F. Braxton Terry
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F. Terry’s Answers

12 total


  • I slipped outside of walmart today and fell and hit the back of my head hard.

    Due to a heavy rain where the carts at walmart are kept became very slippery. I went to get a cart and my feet slipped out from under me and I fell and hit the back of my head on the pavement.

    F.’s Answer

    • Selected as best answer

    In Tennessee you have to prove that the condition was actually dangerous or unsafe in some way. You also have to prove that the defendant (Wal-Mart) knew or should have known of the condition(or their employees created the condition). If you can prove those two things you may have a case. My experience with Wal-Mart is that they likely have video of the incident but will not release it to you without you obtaining a lawyer or filing suit.

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  • Took to JAIL FOR HAVING PUBLIC PANIC ATTACK cop assumed it was P.I (no sobriety exam or eye exam) is that legal?

    as i was walking down the road the heat got to me and I had to sit under the shade/a tree. A woman said something rude to me and we started arguing, they called the cops while still having panic attack cop pulled up and had asked hey what's going...

    F.’s Answer

    You may or may not have a civil case. However, you will almost certainly have to win your criminal case before you can be successful in a civil suit. This is something to discuss with your lawyer representing you in the criminal case.

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  • Can nurses give medication and insulin in an unlicensed independent retirement facility

    my employer is is making me do this and I want to make sure it is legal . I do not want to lose my license

    F.’s Answer

    You should check with your licensing board to determine specifically what you are able and should do. However, if your employer takes action against you for your refusal to participate in an act that is in violation of the law or a regulation, you may fall under the Tennessee whistleblowers act. Then you may be able to file suit against your employer.

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  • Hey any advice on what I can do regarding an accident that happened two nights ago?

    Hey any advice on what I can do regarding an accident that happened two nights ago? Not gonna mentioned any names but I got attacked by two older women and I'm a minor. We filled a report with the police but what other actions could I take against...

    F.’s Answer

    One of the first things you should do is see your medical doctor if you were injured. When filing a lawsuit the one of the elements you have to prove is damages. So if you have personal injuries, then get treatment as soon as possible. You should then seek out a competent personal injury attorney.

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  • Will i get a settlement with out a lawyer on a workmans comp case

    fractured hand in two places at work

    F.’s Answer

    The first thing you will need is an impairment rating, then you should have an attorney review that rating to see if it is an appropriate rating for your injury. Most likely you will need an attorney, my experience is that the insurance company will not pay you full value without an attorney.

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  • What is the time limit for going to the doctor after I fell at Walmart last night? My inner right knee hurts, but can walk

    I was walking around the deli area and almost slip and fell.. then I noticed the wet floor signs. So i knew to be careful walking around that area. I left the area to check out but then had to go back and get something. I slipped and fell very har...

    F.’s Answer

    With regard to seeing a doctor, you should do that right away, if for nothing else do it for your health. Make sure to see a good orthopedic doctor. As to your potential case against Wal-Mart, I don't necessarily agree with the other answers. Depending on the facts and circumstances surrounding your fall and the extent of knowledge you had of the condition of the floor, you may or may not have a case that you can win. Also the extent of your injury will also be an important consideration.

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  • What is probability of winning pain & suffering lawsuit from a falling accident-I'm scheduled for my 3rd surgery as result?

    I am legally disabled housewife from an unrelated problem. I fell on a very wet floor in receiving bay of car dealership. I have medicare & private insurance that has paid 98% expenses, but as a result, I had two surgeries to repair a compound fra...

    F.’s Answer

    In Tennessee you must prove two things to recover in a premisis liability case. 1) You must prove that the defendant or property owner had notice of the unsafe condition, or that they created it. 2) Next you must show that the defendant was negligent or careless in allowing the unsafe condition to exist on their property.
    The fact that other employees were making those statements probably satisfies the notice requirement and if in fact those statements are true, that evidence will go along way in proving the negligence.

    You must then establish your damages, these include pain and suffering, as you mentioned, loss of enjoyment of life, medical bills, lost wages and permanent impairment. Also you can recover for those damages you are reasonably certain to incur in the future.

    Insurance companies typically do not settle this type of case quickly, so you will likely need an experienced lawyer.

    Feel free to contact our office if we can be of further assistance.

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  • I was in an accident yesterday i have no insurance. but the other driver was at fault. my 2006 jeep is totaled and i have to use

    ....

    F.’s Answer

    You should try and speak with a personal injury lawyer as soon as you can. Most personal injury attorneys , or at least our office, will agree to help you with your property damage if they are also handling your personal injury case.

    Be very careful in talking with the insurance company, contrary to the slogan they are not on your side.

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  • Could my disabled daughter drawing a small SSI ck. keep my home or live in it if i had to go to a nursing home?

    I have the first signs of alzheimers and if i have to go to a nursing home in the future i would like for her to be able to stay in my home. I have no other assets to speak of. thank you

    F.’s Answer

    There are very strict laws in Tennessee as it applies to transfers of your property if you are within 60 months of entering a long term car facility. If you are able to make a transfer you may want to consider a special needs trust as well.

    It would be best to consult with an estate planning attorney as soon as possible.

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  • My Wife Broke her ankle at a public park she had to cross over a cable to enter the park,would the city be responsible

    she was stepping over a metal cable that surrounds the park, her ankle was broken and required surgery.she will be off work for at least 6 weeks

    F.’s Answer

    In Tennessee, the owner of the property is required to keep the property in a reasonably safe condition and refrain from having any dangerous conditions on their property of which the owner is aware. If you can show the owner of the property knowingly allowed a dangerous condition you may be able to recover for your injuries and damages.

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