Skip to main content
William Ira Howell Acuff

William Acuff’s Answers

91 total


  • How can he get them to just pay him a one time lump payment?

    My fiance fell over 40 feet back in 2018. He received a settlement from worker's comp; however the majority of that went to pay back child support which he should not have even had to pay as he was incarcerated for 11 yrs of that time. After all w...

    William’s Answer

    Closing medicals is not likely to be a great answer. If the pain management doctor is not being helpful, a Request for Assistance with the TN Department of Labor/Work Comp Division is the way to go - they can review the matter and give him some relief.

    But with regard to future medicals, if the WC carrier is paying for continuing medical care, you have to do the math and see how many future years of care the offer would provide. You also need to consider the need for future surgeries.

    See question 
  • What am I supposed to do? Why don't an attorney take my case? It was clear negligence on their part.

    I walked into a McDonald's in my neighborhood to get breakfast. Upon entering the 2nd door to the main dining room, I stepped into a pool of water (about 2 feet x 8 feet.) I twisted my back and did NOT fall as I hung on to the door to stop me from...

    William’s Answer

    You will need to gather some material to make it more likely for a lawyer to take up your case. You mention that you had a prior injury and surgical repair. Do you have medical records that demonstrate that it healed well after surgery? Did you have post-surgical physical therapy? If so, those notes can be very helpful. It's easier to get around an old injury if there is evidence to suggest it really had healed.

    Be mindful that you only have ONE YEAR from the date of injury to file a lawsuit.

    See question 
  • Is it to late to take legal action in this matter or should I stick with this union?

    I worked with a company for 5 yrs with a flawless record. I intend to have a life career in this company. I loved my job and broke down I was fired. It was claimed I swore in front of a customer and I was called and told I was fired. I immediately...

    William’s Answer

    If your employer violated a contract in firing you, you may still be timely to file for breach of contract. I do agree that 2 years is a long time for the union to be handling something without you hearing from them. I strongly encourage you to both follow up with the union and speak with a local attorney who practices employment law.

    See question 
  • Attorney experiences with frivolous or just lawsuits that should have never been filed?

    I would like to know some attorney experiences with lawsuits that were frivolous or just lawsuits that should never have been filed. Thank you.

    William’s Answer

    Given the expenses of modern litigation, I often advise clients to carefully consider the costs of a lawsuit rather than just what their damages appear to be. Often, however, media reports will make something sound frivolous when in fact there is substance to it. The famous McDonald's case is like that. The press reports suggest that the lady was simply suing for coffee being "hot" and that the jury got crazy with the punitive damages. The proof at trial showed that McDonald's served coffee that was 40 degrees hotter than industry standards because it extended the shelf life of coffee by several hours. So the increased temperature was great for their bottom line. The downside, however, was that by raising coffee to 180 degrees, it became hot enough to inflict serious injuries to skin. The lady who was injured had to have skin grafts on her private parts. The jury awarded punitive damages - based on ONE DAY of coffee revenue for McDonald's. But this is the sort of case the Chamber of Commerce would try to tag as frivolous.

    See question 
  • What do I do with a person's stuff I am storing?

    Long story short - I have been storing some things for somebody in my shop. It's been almost 3 years now and I no longer have any way to contact this person, their phone number does not work. I have no other info. I suspect the other person has...

    William’s Answer

    I'm hoping an Oregon attorney will hop in here, but generally you have the right to offset storage fees and at some point to sell the items stored. It helps if there was a written contract that sets out storage terms. In most states this is governed by a statute. You do want to handle this with due care. There is also the possibility (again usually based on a statute) that abandoned property (after offsetting your expenses for storage) would simply be turned over to the State.

    See question 
  • Can I file in court myself T.C.A. 30-2-402 in Sevier County TN? Is there a site I can download the form?

    I have gotten good answers before but... Both parents died Aug 2014 and Sept 2014 mom first her will has been settled and closed. I was given 10K. Dad died 13 days later his will passed from mom to him also left me 10K. My 1 Brother (just me and h...

    William’s Answer

    You definitely need to consult with an attorney in the area who practices probate law. The first issue is to identify why the estate would be insolvent. Is it due to creditors (medical bills, loans, etc)? Or is it simply "cash poor" and not capable of paying your 10K bequest out of funds on hand?

    Where a will has been changed to drastically alter the distributions between children, the circumstance are always worth a closer look - especially with regard to the health and mental sharpness of your parents at the time the will was changed and the relationship with your brother. If there is undue influence, the new wills may not be valid.

    All of these things are best explored with a local attorney.

    See question 
  • Do different types of injuries affect how long it will take to sort out a personal injury claim?

    Five months ago, my mom was hit by someone turning the corner in their car without looking. My mom suffered fairly bad head trauma, but will ultimately be okay. The claim has still not been completed in what seems like a straightforward case. Is t...

    William’s Answer

    With any injury a good lawyer is concerned with the same thing that a good doctor is - that there be a full recovery. If the prognosis is good, but she is not there yet, caution is often better than speed - any setback in the recovery process can be addressed.

    The most heart-breaking cases are the ones where the case settles before the true extent of injury is known.

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

    Scenario: came out to find vehicle damaged by cart. Witness informed me cart had hit my truck. I took pictures of all cart corrals to be full and several stray carts on the property. I contend the store is in some way liable due to their inatte...

    William’s Answer

    The store could be liable if their method or mode of operation (allowing carts to stack up - generating more stray carts that the wind can blow around) leads to the damage. But if a person was negligent in maneuvering past your vehicle with a cart, that is not going to be the store's responsibility.

    You mentioned a helpful witness - if you got contact information, the next step would be to get the witness to write a statement of what happened and submit it with your repair bill.

    You might also look to see if they have cameras in the parking area.

    HOW this happened is the key.

    See question 
  • Chair and other items took by outsider with forged power att papers without family being present uncle hadn't died yet.

    I was my uncles power of attorney, He passed away I have hand written notorized papers, Saying I his neice was the only person he wanted to clean out his apt. he told me what and who he wanted to have his things, on April 8th his birthday hospice...

    William’s Answer

    Your question was cut short. If you are opening an estate for your uncle, you could file a civil lawsuit against this person to recover the items (or the monetary value). You could also swear out a criminal warrant. You will need to speak with a local probate attorney, who can help you further evaluate your options.

    See question 
  • What happens to estate

    my mother died 3 years ago leaving 4 children and 1 stepson . after she died my stepfather cut all ties with my self and my siblings. he has now passed away leaving a sizeable estate that my mother contributed to as much as he did . my stepbrother...

    William’s Answer

    The answer depends in large part on what property your mother owned, and how she owned it. If she and the step-father owned all of the property as husband and wife, then on her death it would be his, and you have no claim to his estate by blood. If she had property in her own name, then it is very possible that you have a claim worth pursuing.

    You might start by looking at the real estate records to see what, if any, land was in her name. You might also check with her bank(s) to see if there are still accounts in her name.

    But with banks, just like land, if he was also on the account, then it becomes his property, no matter how much she contributed to it during their marriage.

    I would suggest meeting with a probate lawyer locally.

    See question