Posts by Richard Charles Wagner
How to Avoid Probate Problems
Probate is a legal process that happens after a person passes away, and leaves assets behind. These items are often left to adult children, spouses, siblings, cousins, friends and other acquaintances in a Will or trust, though sometimes, people pass on without any estate planning documents. You can’t eliminate the probate process for your loved…
Read MoreCan I Claim Workers’ Compensation if an Old Injury Comes Back?
Putting in a claim for workers’ compensation benefits is commonplace in all types of workplaces in Tennessee and Georgia. There are many reasons why an employee might have to file a claim for these benefits, including suffering an injury in an accident on the property, while driving a company vehicle, or when traveling for work.…
Read MoreAm I Required to Use My Car Insurance Check for My Car Repair?
If you have been the victim of a serious car accident, often the only way to continue driving your vehicle is to have it repaired. However, if your accident was relatively minor in nature – one that does not affect the functionality or safety of your car – you may be inclined to use your…
Read MoreIs a Copy of a Will Valid for Probate if the Original Cannot Be Found?
The final wishes of an individual are usually set forth in a document referred to as a Last Will and Testament. In this document, the desired distribution of the deceased’s assets is explained. Due to the importance of a will, not only for the deceased, but also for the deceased’s beneficiaries, it is often kept…
Read MoreThe Causes of Polytrauma and Pursuing Your Claim for Damages
Polytrauma is a specific medical term that describes the condition of someone who has sustained multiple traumatic injuries in an accident. For instance, in a car crash an individual may suffer serious burns over large portions of his or her body in addition to a traumatic brain injury (TBI). The critical nature of an injury…
Read MoreWrongful Termination After Seeking Workers’ Compensation in Tennessee
Employees in the state of Tennessee are owed two-thirds of their lost wages and payment of their medical expenses if they have suffered a work-related accident or occupational illness. This is true regardless of who is at fault for the injury or illness. Generally, employers are required to carry workers’ compensation benefits to cover these…
Read MoreMedical Expenses After a Car Accident
The medical expenses after someone has a car accident can mount quickly. If you don’t have health insurance, you or your lawyer may need to negotiate the terms of payment with the health providers. Often, medical providers will agree to defer payment until the case is settled, and then seek reimbursement through a medical lien.…
Read MoreExecutor or Administrator? The Role of the Personal Representative
Executors and administrators are both known as personal representatives. They have the duty to probate valid wills, and to then manage and distribute the estate assets. The key difference between an executor and administrator is how they are appointed. Executors are chosen by the testator (the person who prepares the will). The executor is identified…
Read MoreWhat Rights Does the Employer Have to Your Workers’ Compensation Medical Record?
Employers will often seek to minimize your injuries. They’ll argue that you weren’t really hurt. They’ll say you should have returned to work by now. Employers and their insurance companies will try to blame your injuries on other medical conditions. Employees should understand that there are limits in Tennessee to what types of medical information…
Read More6th U.S. Circuit Court of Appeals Says Caps on Punitive Damages Are Unconstitutional
In 2011, Governor Bill Haslam signed the Tennessee Civil Justice Act into law, thereby limiting the amount of punitive damages a plaintiff can be awarded in a settlement or trial. He claimed, at the time, that “This tort reform legislation will help us attract and retain jobs by offering businesses more predictability and a way…
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