I have full coverage insurance and I was at fault of an car accident. I receive STD from my job while off work due to my injuries. Can I file a lost wages and pain and suffering claim against my own insurance company? If so, can I file those claim...
Tennessee follows a "modified comparative fault" rule: if you are less than 50% at fault in the wreck, you can recover for your loses - but only to the extent you are not at fault (so if you are 49% at fault, you can recover 51% of your proven loses).
If, as you state above, you were the at-fault party, then you cannot recover from your insurance or from the other driver's insurance in Tennessee.
STD is a contract - it is triggered by any event that takes you out of work. But if you collect the same lost wages from a third party (like car insurance), then the STD provider is typically entitled to be paid back.
The big issue is whether or not you were actually "at-fault" - if you do not agree that it was more than 50% your fault, I would suggest consulting with a local attorney promptly. There is a one-year statute of limitations on personal injury in Tennessee - meaning that any claim that is not resolved within one year of the wreck is lost unless a lawsuit is filed before the end of that one year period.See question
I paid $6300.00 for a Widex hearing aid in 2008. It did nothing to help me. I have since consulted with the Veterans Administration since it was military-related. After testing me, I was told that my hearing was incurable and that no 2008 heari...
Tennessee has a one-year statute of limitations on consumer protection actions. Tennessee has a six year statute on breach of contract. Tennessee has a three year statute on property fraud.
The statute of limitations is the legal term for the final whistle on a claim - if it is not filed in court before the whistle, you lose the right.
It is possible to show that you were deceived and that you did not realize you had been done wrong for some period of time. When did you first realize that the hearing aides were not working for you? And when did this testing at the VA occur?See question
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...
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
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...
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
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...
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
I would like to know some attorney experiences with lawsuits that were frivolous or just lawsuits that should never have been filed. Thank you.
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
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...
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
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...
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
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...
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
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...
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