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Mar 12, 2019

Am I Required to Use My Car Insurance Check for My Car Repair?

By Richard Charles Wagner|March 12th, 2019|Car Accident|0 Comments

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 insurance check for other more pressing financial needs. The question is: Are you required to use the money you receive exclusively for your car repair, or can you pocket the money for other purposes? And does [...]

Mar 5, 2019

Is a Copy of a Will Valid for Probate if the Original Cannot Be Found?

By Richard Charles Wagner|March 5th, 2019|Probate|0 Comments

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 in a very secure location, such as a safety deposit box, a bank vault, or entrusted to an attorney. But what happens if the original of the Will cannot be located after the individual has passed [...]

Feb 26, 2019

The Causes of Polytrauma and Pursuing Your Claim for Damages

By Richard Charles Wagner|February 26th, 2019|Personal Injury|0 Comments

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 is evaluated in the U.S. medical community through a scale referred to as the Injury Severity Score (ISS). Polytraumas have scores of 16 or greater on this scale. The U.S. military has used the medical designation [...]

Feb 19, 2019

Wrongful Termination After Seeking Workers’ Compensation in Tennessee

By Richard Charles Wagner|February 19th, 2019|Workers Compensation|0 Comments

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 eventualities. When employees assert their right to workers’ comp benefits, employers are not permitted to retaliate against these workers, including in the form of wrongful termination. Unfortunately, employers and their insurance companies too often attempt to [...]

Feb 12, 2019

Medical Expenses After a Car Accident

By Richard Charles Wagner|February 12th, 2019|Car Accident|0 Comments

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. If you do have health insurance, you will have to pay the deductibles and you will likely have co-payments. The insurance companies may dispute some of the treatments, so you should check your coverage first, before [...]

Feb 5, 2019

Executor or Administrator? The Role of the Personal Representative

By Richard Charles Wagner|February 5th, 2019|Probate|0 Comments

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 by name in the will and given powers to administer the estate. It’s good practice to speak with the person you want to be the executor before designating them in the will. Testators should appoint alternate [...]

Jan 29, 2019

How Does a Wrongful Death Case Differ from a Typical Personal Injury Case?

By Richard Charles Wagner|January 29th, 2019|Wrongful Death|0 Comments

A personal injury case is a type of civil case where a plaintiff (the injured person) sues a defendant (the person who caused the harm) for compensation. In a wrongful death case, however, the plaintiff is usually a family member, who is suing either on behalf of a person who died as a result of negligence, or to recover compensation for his or her own loss. Wrongful death cases are brought on behalf of the family members. The person who can file the claim depends on their relationship to the deceased. [...]

Jan 22, 2019

What Rights Does the Employer Have to Your Workers’ Compensation Medical Record?

By Richard Charles Wagner|January 22nd, 2019|Workers Compensation|0 Comments

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 about workers employers can obtain. Generally, employers are not entitled to request your medical health records from your doctors without your consent or a Court order. The employer’s right to request a medical records release authorization [...]

Jan 15, 2019

Your Rights When a Government-Owned Vehicle Causes Personal Injury

By Richard Charles Wagner|January 15th, 2019|Personal Injury|0 Comments

Filing a claim against the government is much different than filing a claim against a business or an individual. There’s an initial question of whether accident victims have the right to sue the government. If a claim can be filed, then the government must be given timely notice that an accident and injuries happened. There may be caps on the amount of damages you can receive. Accidents can happen while a person is a passenger in a bus, train, or other mode of public transportation. Buses include municipal buses and school [...]

Jan 10, 2019

6th U.S. Circuit Court of Appeals Says Caps on Punitive Damages Are Unconstitutional

By Richard Charles Wagner|January 10th, 2019|Personal Injury|0 Comments

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 to quantify risk.” In reality, all that law did – indeed, all tort reform measures ever do – is inflict further harm on the victims. That is why the December 21, 2018 decision by the 6th [...]

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