My 25 year old brother from Lebanon, Tennessee was killed in a car wreck in Tennessee. Some people have said that an estate must be opened and that an executor or administrator has to be appointed by the court in able to file a wrongful death lawsuit. Is that true?
Not necessarily, but it may be required depending on other facts that you have not shared with me.
Generally speaking, these are the rules for who may file a wrongful death lawsuit in Tennessee:
It means that for any one car wreck that is the fault of another driver who does not have any insurance your insurance company will pay you up to $250,000 in losses and damages you suffer. If more than one person in your vehicle is injured in the wreck, the company will pay up to $500,000 to all of the persons in your vehicle who were injured and covered under the policy but no more than $250,000 for any one person.
Note that each person who is injured does not automatically get $250,000 – they must demonstrate amount of their damages and can recover up to $250,000 each.
Your policy also provides your protection if the at-fault driver was underinsured. For example, assume that the driver that hit you had a liability insurance policy that provided the driver $100,000 / $300,000 in liability insurance coverage. That means that for any one car wreck that was the other driver’s fault his insurance company will pay a person injured in the wreck up to $100,000 in losses and damages they suffer. If more than one person is injured in the wreck, the company will pay, on the at-fault driver’s behalf, up to $300,000 but no more than $100,000 for any one person.
I was in a wreck. The police took a statement from me but she did not accurately put down what I said in the accident report. Can the accident report be used against me in a personal injury case?
Yes, but not directly. In most cases, the accident report cannot be admitted into evidence in a Tennessee state court. However, the police officer who you asked you questions can be subpoenaed into court and asked what you said to her. She will be given the right to review report, which may well be all that she remembers about what you said to her. Therefore, if the officer recalls only what is in the report and will not agree that the report is or could be wrong, the evidence of your statement as set forth in the report (technically, the officer’s testimony about that statement) can be used against you.
I had a hip replacement a couple years ago. I have had nothing but grief since. I have heard that the DePuy ASR hip has been recalled. How do I find out if the hip I had replaced was made by DePuy and is one of the recalled hips?
Your doctor will have records of the hip replacement product that was used and, if he or she does not, the hospital will have records that will show what product was used. You need to learn both who the manufacturer was and what model was used. Each device that is implanted also comes with a serial number and you should get that number as well.
As I said, you can get this information yourself or ask the assistance of a lawyer who is handling hip replacement cases. Remember that certain deadlines apply to take legal action and therefore you are encouraged to act as soon as possible. Failure to take appropriate action on time will result in a loss of your rights.
My husband was in a serious truck wreck yesterday and was badly injured. Some people are saying that I should get a lawyer right away but I don’t see the reason for it. I really want to wait and see how my husband does and get his input on who the lawyer should be. Why shouldn’t I wait?
You should not wait because the trucking company is probably already gathering evidence to use in the case. I came upon this blurb on the website of a law firm that represents trucking companies:
[Our] transportation group has created a rapid response team that is available 24/7 to immediately respond to your clients’ needs with respect to serious injuries, fatalities and catastrophic losses.
I live in Tennessee. I was in a car wreck in Nashville and got hurt. It was the other driver’s fault. The other driver has no insurance. I looked at my automobile insurance policy and it says that I have uninsured motorist insurance of $25,000 / $50,000. What does that mean?
It means that for any one car wreck that is the fault of another driver who does not have any insurance your insurance company will pay you up to $25,000 in losses and damages you suffer. If more than one person in your vehicle is injured in the wreck, the company will pay up to $25,000 to all of the persons in your vehicle who were injured and covered under the policy but no more than $50,000 for any one person.
Note that each person who is injured does not automatically get $25,000 – they must demonstrate amount of their damages and can recover up to $25,000 each.
I believe that I was a victim of medical malpractice in the VA hospital in Nashville. How much time do I have to file a medical malpractice claim against the VA?
You cannot file suit without first filing a claim. Generally, the claim must be filed in writing using the appropriate forms and paperwork within two years of the time after the accident or injury. The claim must be filed with the appropriate federal agency.
The government then has six months to evaluate the claim. It may try to settle the case, or it may deny the claim. When the government denies a claim the claimant then has a right to file suit in federal court. If the government does not deny or settle the claim within six months you can deem the claim denied and file suit in federal court.
I work in a small plant in Middle Tennessee. I hurt my back at work. What are my rights?
If you got hurt while you were working you have a right to have your medical care paid for by your employer. The employer or its worker’s compensation insurance company has a list of doctors that you are permitted to see at the employer’s expense.
To the extent that the injury causes you to miss work you have the right to be paid (at a discounted amount and after a waiting period) money for your lost wages. If you have a permanent injury that causes a disability you have a right to payment for a permanent disability.
I live in Tennessee. I was in a car wreck in Nashville and got hurt. It was the other driver’s fault. The other driver has no insurance. I looked at my automobile insurance policy and it says that I have uninsured motorist insurance of $100,000 / $300,000. What does that mean?
It means that for any one car wreck that is the fault of another driver who does not have any insurance your insurance company will pay you up to $100,000 in losses and damages you suffer. If more than one person in your vehicle is injured in the wreck, the company will pay up to $300,000 to all of the persons in your vehicle who were injured and covered under the policy but no more than $100,000 for any one person.
Note that each person who is injured does not automatically get $100,000 – they must demonstrate amount of their damages and can recover up to $100,000 each.
I was in a car wreck yesterday. It was probably my fault. I looked at my automobile liability insurance policy and it says that I have liability limits of $250,000 / $500,000. What does that mean?
It means that for any one car wreck that is your fault your insurance company will pay a person injured in the wreck up to $250,000 in losses and damages they suffer. If more than one person is injured in the wreck, the company will pay, on your behalf, up to $500,000 but no more than $250,000 for any one person.
So, if one person was hurt in the wreck, the insurer will pay no more than $250,000 in damages. If two people were hurt, the insurer will pay up to $500,000, but no more than $250,000 per person. If three people were hurt, the insurer will pay up to $500,000, but no more than $250,000 per person. Note that each person who is injured does not automatically get $250,000 – they must demonstrate amount of their damages and can recover up to $250,000 each.
