Questions answered by Bryan Lee Capps

Archived

Do I need a lawyer?

Bryan's answer | Answered on October 03, 2015

Under TN law you are entitled to recover the fair value of the car. If the loan balance exceeds the fair value you probably cannot recover the full...

Archived

Is it difficult in TN to prove negligents regarding an elevator related injury?

Bryan's answer | Answered on October 03, 2015

Determining negligence requires a proper investigation of the maintenance records and other incident reports, if any, concerning the elevator....

Archived

How legally binding is a non compete agreement? Is it possible to get out of one?

Bryan's answer | Answered on July 24, 2015

Tennessee generally disfavors non-compete agreements. However, it is a contract, and whether it can be enforced or avoided will depend on the...

Archived

Do I need a personal injury lawyer

Bryan's answer | Answered on April 06, 2015

You should contact a qualified personal injury attorney in East Tennessee right away. Based on your description of the accident, there may be...

Archived

Not sure if I should seek an lawyer or not at this time. Workers Compensation 11% MMI and 7%total body loss for a shoulder.

Bryan's answer | Answered on April 02, 2015

Mr. Hardin is correct on all counts. There is under our law a basic formula that guides your best recovery. However, it contains multiple...

Archived

Does a "non compete" usually preclude me from starting my own business if it could be considered competition to my employer?

Bryan's answer | Answered on March 05, 2015

Ben and Ethan are right on here, and you really must have a qualified attorney review and advise you on the agreement. Tennessee law has...

Archived

What motion can be filed to counteract a motion to dismiss?

Bryan's answer | Answered on March 01, 2015

First you need to clarify if the motion is a Rule 12 Motion to Dismiss or a Rule 56 Motion for Summary Judgment. Depending on which it is, your...

Archived

Being sued 4 wreck, not my fault. Car changed lanes n2 me. I did360 &hit car who's suing me. I'm poor & need help.

Bryan's answer | Answered on March 01, 2015

I am assuming you have no insurance coverage. If this is the case, you do need to speak to attorneys in Tennessee who may be able to assist you...

Archived

I live in Tennessee, i had a big hunk of ice crash through my windshield, hit me in chest and shards of glass cut my face.

Bryan's answer | Answered on February 26, 2015

Assuming the ice came from the roof of the truck or trailer and assuming your accident occurred in TN, there is no TN law requiring the removal of...

Archived

Davidson County, TN - General Sessions: I was told that it is not possible to have a judgment "set aside", only appeal. True?

Bryan's answer | Answered on February 18, 2015

If you wish to further pursue the matter you must file an appeal by tomorrow or the judgment will become final. Rule 60.02 you cited is a rule of...

Bryan Lee Capps's Answers (51)

Do I need a lawyer?

Is it difficult in TN to prove negligents regarding an elevator related injury?

How legally binding is a non compete agreement? Is it possible to get out of one?

Do I need a personal injury lawyer

Not sure if I should seek an lawyer or not at this time. Workers Compensation 11% MMI and 7%total body loss for a shoulder.

Does a "non compete" usually preclude me from starting my own business if it could be considered competition to my employer?

What motion can be filed to counteract a motion to dismiss?

Being sued 4 wreck, not my fault. Car changed lanes n2 me. I did360 &hit car who's suing me. I'm poor & need help.

I live in Tennessee, i had a big hunk of ice crash through my windshield, hit me in chest and shards of glass cut my face.

Davidson County, TN - General Sessions: I was told that it is not possible to have a judgment "set aside", only appeal. True?