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John A. Day
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John Day’s Answers

224 total


  • I am being sued for an accident that happened a year ago. What do i do now?

    I pulled in front of an oncoming car after stopping at a stop sign. It was dark and raining and I did not see him, he hit me on the driver's front panel. I have 50,000 liability for each person from my insurance. I was served papers yesterday, t...

    John’s Answer

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    There is nothing else you need to do at this time. Cooperate with the lawyer hired to represent you (the insurance company will pay for this lawyer) and the odds are that everything will turn out just fine. I appreciate that you are concerned about this but the odds are this will work out and you won't pay anything out of your pocket.

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  • I want to know if it is worth pursuing litigation against my ex fiancee for furniture we purchased together.

    Late 2014 my fiance and I purchased furniture that she wanted on one of those 60 month, no interest credit cards. One piece was purchased on a card in her name but since her credit was not great I opened a card as well to purchase the other piece...

    John’s Answer

    Probably not. Remember, even if you win you have to go through the hassle of trying to collect the money from her. That can be a real hassle in and of itself unless she wants to cooperate, which looks unlikely. Your best bet may be to tell her you want the furniture, pick it up, and either keep it or sell it and use the proceeds to pay down the debt. Good luck.

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  • Do I have a case?

    I drive 18 wheeler for a living. I picked up a pre- loaded trailer in Arkansas that had a seal on it ( not allowed to open it until you get to destination). When I got to my destination in Pennsylvania , I opened it to back up to the dock, and a p...

    John’s Answer

    You might. Under trucking regulations you are correct that you cannot break seal to check load but there is also a certain way to open the rear doors to prevent the risk of injury from load shift. More details are needed to understand your rights.

    If you have a valid case more information would be needed to know where you would be able to file a lawsuit. You should check with an experienced Tennessee lawyer, let him or her gather the relevant information, and allow them to make an informed judgment as to the merits of the case and to where the law permits it to be filed. Most experienced lawyers will do this at no out of pocket expense to you.

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  • Do my brother and I qualify for the granuflo lawsuit as well as my mother for the death of our father?

    My father passed away with renal failure after being on granuflo. My mother told me several months ago that she had an attorney and was including my brother and I on the lawsuit for the death of our father. She said it would be split 3 ways, but n...

    John’s Answer

    If your father died in Tennessee and was married to your mother at the time of his death, she controls the lawsuit. Any financial recovery is divided between her and your father's surviving children. If your father was survived by two children and his wife the money would be divided equally between the three of you after attorneys' fees and expenses were paid. Typically, funeral bills and medical expenses related to the death are paid before the monies is divided among the survivors.

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  • Do I have a case

    I have gotten dog attacked it tried attacking my son I jumped in front of it it tore my arms up had to get 14 stitches i had tissue hanging out an I have muscle damage I told the people I didnt like the dog they still didn't put it away

    John’s Answer

    You may have a case. Whether you do or not depends on where you were you were attacked and, potentially, the history of dog (did the dog have a history of aggressive behavior). If you were injured on the dog owner's property you must demonstrate that the dog owner knew or should have known of the dangerous propensities of the dog.

    You should talk to a lawyer about this and let him or her flush out the details. Act quickly - the deadline for taking legal action is one year from the date of the incident.

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  • General question on a customer suing my business.

    I have a Handyman Business that is Incorporated-licensed-insured. I did a contract job for a customer that in short I ended up sending a letter to the customer voiding the remainder of contractor due to customer negligence (not supplying material...

    John’s Answer

    It is hard to answer that question given the information given. My guess is that you are referring not to an affidavit but rather a civil warrant, which is the document that starts a lawsuit in General Sessions Court. If that assumption is correct then it is still unclear who the suit is against but the better argument is that suit has been filed against you personally, not the business.

    From a practical matter, however, raising that defense will result in another suit being filed against your business so at the end of the day the person filing suit will be able to correct this issue.

    I do not know how much money is at issue here or how much you are owed by the customer. You may wish to hire a lawyer to defend this case and file a counterclaim to the money you are owed.

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  • Can I counter sue? What steps do I need to take to do this?what all can I sue for?any free legl help,I'm laid off?can I do alone

    I was served with a civil summons for a car accident from 3yrs ago the accident happen march 10 2013 and they filed suit against me march 8 2016 and I was served march 23rd. This is a property claim only. The statute of lim is 3yrs in tn. I was no...

    John’s Answer

    If you are being sued for property damage only the suit was timely filed, based on the information you stated. The suit must be filed, not served, within three years of the wreck. Either the owner of the car or the insurance company for that owner can file suit against you - it is not necessary for the driver to sue you if the only damages being sought are damages to the vehicle.

    It will be very challenging for you to do this on your own without the assistance of a lawyer.

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  • Can we sue the driver?

    my daughter was hit by a car and suffered injuries the driver's license is revoked and has no insurance what can we do to sue for injury and medical bills?

    John’s Answer

    You can sue the driver, but doing so may be of little practical value because he or she may not have the means to pay for the harm done.

    If your daughter had uninsured motorist insurance coverage it may will be a source of recovery for medical bills, lost income, and pain and suffering. I cannot tell from your question whether your daughter was in a car or was a pedestrian when she was hit, but uninsured motorist coverage applies even if she was a pedestrian. Also, I cannot tell from your question whether your daughter was under 18 but, if she was, your uninsured motorist coverage would protect her if she lived in your home. And, of course, the circumstances of how the injury occurred are important.

    As you can see, there are some additional facts which must be learned before any lawyer can give you advice on this matter. Contact an experienced personal injury lawyer soon for help - such a lawyer will not charge for an initial meeting and, if he or she can help you, will do so on a "no recovery, no fee" basis. When you meet with this lawyer bring a copy of the declarations page of your (or, if your daughter had a car, her) auto insurance policy for the lawyer's review.

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  • Is there anything I can do to speed up the process of holding her accountable for the $70,000+ she's caused me in Medical bills?

    I was in a car accident where a drunk driver hit me head on. This happened a little over 2 months ago. I was taken to the er immediately. Was unconscious and had everything below my right knee broken. I remained in the hospital for days afterward....

    John’s Answer

    I urge you to rely on the advice of your lawyer, whom I am sure has investigated this claim, determined the assets, etc. of the person who caused the wreck, and examined your vehicle insurance policy to see if you have uninsured motorist coverage and / or medical payments coverage that can be of some assistance. Unfortunately, in some cases there is no insurance (or inadequate insurance) to help meet the needs of the injured party but, once again, communicate with the lawyer who has been hired to help you on these issues.

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