What does, "“construe the complaint in the light most favorable to the plaintiff, accept its allegations as
true, and draw ?
John's answer
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Answered on July 05, 2014
This is language used by the Court in determining how to rule on a motion to dismiss filed by a defendant to the lawsuit filed by a...
Can missing a semester of college due to surgery after a car accident injury be added to pain and suffering claim, and how much?
John's answer
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Answered on July 05, 2014
Yes, Under Tennessee law this loss would be compensable. The value of the loss would depend on many factors not stated in your question.
For...
Archived
Is it unlawful for a dr to neglect or fail to inform you of a life threatening disease or test result?
John's answer
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Answered on July 03, 2014
Doctors generally have the responsibility to report test results to a patient or to the patient's primary care physician (if the testing doctor was...
How long does it take to get my settlement after I am released from physical therapy
John's answer
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Answered on July 03, 2014
1. You have no right to a settlement. You may never get a settlement. Whether you get a settlement will be determined by whether you are willing...
I live in TN; can I sue the person who totaled my car for the replacement value? Insurance will not give me replacement money.
John's answer
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Answered on July 02, 2014
I disagree with the result implied by the other lawyer's response. You can file suit, but under Tennessee law you are NOT entitled to replacement...
Archived
If I get subpoenaed to court as a witness, do I have to testify?
John's answer
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Answered on June 28, 2014
Yes. You have a duty to appear and tell the truth
Archived
Can you sue a bar for a stabbing that results in death? fight starts inside & people kicke out and no police were called
John's answer
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Answered on June 25, 2014
Depending on the circumstances, the bar may have some responsibility here.
Any lawsuit must be filed within one year of the date of the...
Archived
What is the statue of limitations for filing damages civil damages for an assault? We went to court-he was acquitted .
John's answer
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Answered on June 22, 2014
Assuming this happened in Tennessee, the statute of limitations for a civil action for assault / battery is one year from the date of the incident...
Archived
Injured by store employee. Mgr. keeps calling for ER info. Need more than ER visit. Send bits & pieces or wait for full picture?
John's answer
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Answered on May 24, 2014
You can either send some of the paperwork now or later - that will make little difference. What you do not want to do is (a) give a statement...
TN motion to withdraw as counsel. Does opposing counsel have right to know before the motion is actually granted?
John's answer
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Answered on May 23, 2014
Your lawyer has to file and give notice of an intent to ask the court to withdraw as counsel. He / she has no choice in the matter. The court...