Posts by Richard Charles Wagner
Executor 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…
Read MoreWays to Prove a Driver Was Distracted When an Accident Occurred
Drivers who operate their cars, trucks, or other vehicles while distracted are a serious danger, to themselves and others. They are at high risk of causing an accident which can injure or kill other drivers, passengers in any vehicle, bystanders, and bicyclists. Distracted drivers don’t have their eyes on the road, their hands on the…
Read MoreTelecommuting and Workers’ Compensation
Today, many workers are able to enjoy working from home at least part of the work week. Some employees never need to step foot into a physical office. A lot of work can be done through computers where workers can keep track of their hours. With videoconferencing and new software, workers can meet with their…
Read MoreStrange Wills of the Rich and Famous
Many people with lots of money, and even some with just a little, have decided there are better things to do with their funds that leave it to their family members. Some decide that a will is a way to help charities, or to ensure the success of their businesses. Sometimes, they disinherit family because…
Read MoreHow Truck Blind Spots Affect Truck Driver Liability and Your Liability
Truck drivers can cause accidents for many different reasons. They may be too tired to drive. Their cargo may spill. Many truck drivers go too fast because they’re under pressure to make deliveries. One well-known reason for truck accidents is that truck drivers have “blind spots” that make it harder to see the traffic around…
Read MoreOSHA’s “Top Ten” Workplace Safety Violations for 2018
The Occupational Safety and Health Administration (OSHA) is responsible for regulating workplace safety in the United States. The U.S. Department of Labor promulgates regulations and laws that govern labor and employment, and when a worker is injured or killed at work, it is often the case that the incident involved a violation of an OSHA…
Read MoreCan I Sue a “Big Box” Store if a Big Box Falls and Injures Me?
If you have ever shopped in one of those “big box” stores such as IKEA, Home Depot, Lowes, or Walmart, you have seen the merchandise piled high on shelves. More often than you might think, one of those big boxes falls off a high shelf and injures a customer. In these massive warehouse stores where…
Read MoreHow Do Puffy Coats and Car Seats Put Your Child in Danger?
You put a puffy winter coat on your kids on those blustery winter mornings because you want to protect their little bodies from the cold. But all that lofty insulation in their winter coat keeps their car seat from protecting them in a crash. This is a Today Show video of the difference between how…
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