PRACTICE AREAS

Attorneys are responsible for making any legal decisions, as well as overseeing the progress and details of each case. Our attorneys and other legal professionals strive to thoroughly explain your rights to you and to answer any questions you may have. They work hard to try to protect your rights. If a lawsuit is necessary, an attorney will represent you and advise you throughout the litigation process.

In addition to the attorneys who supervise your case, we have a solid team of professionals who provide support to both you and your attorney throughout the settlement or litigation process. This team includes paralegals and legal secretaries.

Their duties include contacting and working with insurance carriers, doctors, and other people vital to your case; drafting and organizing documents for trial or settlement; and preparing trial exhibits and expert testimony. Any of the members of your team will be able to assist you in better understanding what is happening during your case and/or what to expect during the litigation process.

Automobile Accidents/Personal Injury

No one ever hopes to be in a car wreck, but the odds are that sooner or later It will happen to you. There are many potholes you can fall into if you are thinking about making a personal injury claim. To avoid those pitfalls before you get to them, keep in mind the following steps to take early on:

1. Make Sure You Have Auto Insurance To Protect You: This step is actually one that you need to take before you get in a wreck. Considering how many drivers in Tennessee are uninsured, it is crucial to have auto insurance that will protect you if the driver who hits you has no insurance. See last month’s Legal Focus for details on what you need to look for in an auto insurance policy.

2. Make Sure The Wreck Is Not Your Fault: Be a good driver. Drive defensively. Be aware of what the other cars around you are doing. Anticipate their moves so you can avoid a collision altogether. If you pay attention to what you are doing, then the odds are that a wreck is going to be the other guy’s fault.

3. Make Sure You Do Not Make Damaging Statements: Tell the truth, but don’t guess at things you don’t know. Probably the most common question at an accident scene, whether by the other driver or by the police officer is, “are you hurt?” The correct answer is, “I don’t know.” It is best to avoid commenting on your condition because right after an accident happens, you just don’t know if you have been hurt.

Most injuries after an accident are called soft tissue injuries. You may not have broken bones or more serious conditions, but the soft tissues in your body can be bruised or hurt. These types of injuries are as legally compensable as any other, more serious, condition. Because of the nature of the injury and the post-accident shock and adrenaline, you may not start to feel symptoms for days after a wreck. Because of this time delay, you should not state categorically that you are not hurt when, in fact, you may well be injured and not know it yet. The insurance company loves it when people say they are not hurt; it gives them another reason to minimize or deny an otherwise valid personal injury claim.

4. Make Sure You Do Not Play The Hero: Don’t just shake off symptoms, hoping they will go away. If you feel pain or discomfort after a wreck, tell the police officer, and let him call an ambulance if he suggests it. You may need the professional level of care the EMTs provide, and needing an ambulance is evidence supporting your injury and the wreck as the cause of the injury. It’s hard for an insurance company to say you weren’t hurt if you had to go to the hospital by ambulance. Finally, let the doctors treat you. They are not examining and testing you for their health, but for yours. Again, it’s very helpful to have emergency room records demonstrating injury immediately following a wreck.

5. Make Sure You Follow The Doctor’s Orders: Most patients are non-compliant – they fail to follow the doctor’s advice – at some point or the other. If you are thinking of making a personal injury claim, following medical advice is very important. If the doctor wants you to restrict your activities, don’t be a hero and violate those restrictions. At any time when you are in public, there may be an insurance company’s video camera following your every move. You do not want to be seen doing something physical when you are medically prohibited from doing it. Remember that you may be able to do that activity, but it will probably hurt, it might make you worse, and the video camera does not record your internal pain; it just sees you doing things you’re not supposed to be doing. Don’t give the insurance company any ammunition to minimize or reduce your claim’s value. Imagine how damaging it is to a case when you first say that you can’t lift heavy objects, then the insurance company springs a video on you showing you carrying lumber out from a Home Depot. Your credibility is shot, and so is your claim, probably.

6. Make Sure You Document The Facts: Take notes about what happened and how the injuries made you feel. Down the line, these notes will help you remember the times when you were in pain. Take photos of the car damage and of yourself, if you have visible signs of injury such as bruising or cuts and lacerations. Don’t wait, because once the bruises fade or the cuts heal, they’re gone forever. And pictures really do speak a thousand words when it comes to dealing with an insurance company. Just remember to keep confidentiality intact by not showing those notes or photos to anyone but your lawyer.

7. Make Sure You Report The Accident: It’s usually a good idea to report the accident to your insurance company right away. You may have medical payments coverage that will pay your medical bills. You may need to make an uninsured motorist claim if the other driver had no coverage. If you delay in reporting, your insurance company could deny coverage by saying you did not report the wreck soon enough, which prejudiced its investigation. Again, don’t give the carrier any excuses to deny your claim.

8. Make Sure You Do Not Give Unnecessary Statements: If you are contacted by the other guy’s insurance company, or by any stranger who wants details about the accident or your injury, politely refuse to give any statements. Insurance companies often try to get to unrepresented personal injury claimants before they hire a lawyer, so they can get damaging statements out of them. You have no obligation to give a statement to the other guy’s insurance company. Our experience is that such statements do not help, and can only hurt your claim.

9. Make Sure You Keep Your Credibility: The most important thing you’ve got going for you is your credibility. Insurance companies are winning cases in court and minimizing claims settlements outside of court by finding facts or statements that damage or destroy your believability as a witness. So tell the truth to the police officer about how the wreck happened; don’t guess about facts you are not sure of; don’t exaggerate about your injuries. It is what it is, no more, but importantly, no less.

10. Call A Lawyer: Personal injury claims are complicated, and they require someone who knows the ropes to deal with an insurance company that is only interested in shortchanging you as much as possible. Insurance companies love it when they get an unrepresented claimant trying to handle their own claim. You need a lawyer, and a personal injury lawyer at that. It seems as though every lawyer out there thinks he can handle a personal injury claim, but you want an experienced personal injury attorney, not a tax lawyer who wants to take your personal injury case for kicks.

If you, or someone you love, have been injured in an automobile accident, you can call our law firm at (865) 544-0550 or 866-LAW-KNOX for a free consultation.

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Worker's Compensation

If you work outside the household, there’s a good chance you will find yourself making – or needing to make – a worker’s compensation claim at some point. Here are some basics to help you understand what comp benefits you might be entitled to and how to get them

1. Under Tennessee state law, a worker injured in an accident arising out and in the course of his employment is entitled to worker’s compensation benefits, if his employer has at least five employees. So, if you are one of at least five employees, if you are injured while on the job, and if the happening of the injury has something to do with the job, you are probably entitled to comp benefits. Benefits vary from state to state; Tennessee’s benefits are middle of the road – we are better than some states, and worse than others.

2. Be sure to give notice to your employer that you were in an accident, as soon as you realize you have been hurt. While you’ve got 30 days to give notice of a work-related accident, it’s best to let them know as soon as possible.

3. If you think you have been hurt in a work-related accident, ask your employer for a panel of doctors right away. According to the Worker’s Compensation Law, the employer is supposed to give you a choice of three doctors, not in practice together, from which you have the privilege of choosing an authorized treating physician. If you have suffered a back injury, the employer s supposed to give you a panel of three doctors and a chiropractor. If you have asked for a panel of doctors, and the employer refuses to give you such a panel, then you can see whoever you want, and the employer will likely have to pay for that treatment. Medical treatment for a work-related injury is the first major benefit of worker’s compensation.

4. While nothing stops you from seeing any doctor you want, worker’s compensation will pay for only the authorized treating physician and any medical provider that physician refers you to. Any other providers you see will be on your own dime, but worker’s compensation provides for lifetime medical care from the authorized physician.

5. If the emergency room doctor or your authorized treating physician places you off working duty, get that in writing, keep a copy, for yourself or your lawyer, and give the original to the employer.

6. Temporary disability is the second type of major benefit in the Worker’s Compensation Law. If you are medically unfit for working duty less than 14 days, then temporary disability starts on the eighth day. If you are off work more than 14 days, temporary disability starts as of the day after the work accident, assuming the doctor placed you off work on the accident date. The amount you are paid is based on two-thirds of your average weekly wage.

7. Follow the doctor’s medical recommendations. The goal is for you to recover as much as possible, as quickly as possible. Noncompliance with medical orders is often used as a defense to imply that you are malingering, faking, or otherwise are just trying to game the system to get more benefits.

8. If the doctor assigns you a permanent medical impairment or permanent work restrictions, then you will likely be entitled to permanent disability, which is the third major component of worker’s compensation benefits. Permanent disability is supposed to reflect your vocational, or work disability, as opposed to medical impairment.

9. If the employer or worker’s compensation insurance company denies some or all of your benefits, then you can file a claim with the Worker’s Compensation Specialist, a division of the Tennessee Department of Labor. While you theoretically do not need a lawyer to make this claim, the system is confusing enough even for lawyers, so legal counsel is recommended. You can bet that the employer/insurer will have a lawyer defending them. The Specialist can resolve disputes about whether comp benefits should be paid, and they can mediate settlement negotiations, too. A lawyer is highly recommended here. Without someone knowledgeable in your corner, how are you going to know the proper amount of benefits to negotiate for?

10. Finally, if your claim cannot be settled through the Worker’s Compensation Specialist, you will be allowed to file a lawsuit in court. Obviously, you need legal representation if you get to this step.

Worker’s compensation benefits are broadly available to workers in this state, but the details of getting those benefits can be very complicated. If you have been injured on the job, give us a call and let us help you sort out your situation.If you or someone you love has been injured in an accident arising out of and in the course of employment, you can call our law firm at (865) 544-0550 or 866-LAW-KNOX for a free consultation.

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Defective Products

Tragedies occur every day when people suffer injuries because of products that are defectively designed or manufactured, or products that are unreasonably dangerous. For instance, if you were injured because of a defectively designed or manufactured motorcycle helmet, or smoke detector, or water heater, or any product, you may have a case against the manufacturer, wholesaler and retailer of that product.

If you or someone you love has been injured as a result of a defective or unreasonably dangerous product, you can call our law firm at (865) 544-0550 or 866-LAW-KNOX for a free consultation.

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Medical Malpractice

Medical malpractice, or medical negligence as it is also known, holds doctors, dentists, nurses, hospitals and other medical professionals responsible for injuries as a result of their negligence. These cases are usually very complex, expensive, and time-consuming.

To prove a medical negligence case, a claimant must first prove that the medical provider deviated from the medical standard of care that applies in the particular case. Then it must be proven that the claimant suffered damages or injuries. Finally, it must be shown that the damages or injuries were caused as a direct result of the deviation from standard of care.

Because these cases can often involve tens of thousands of dollars in expenses, just to get to the courthouse steps, we can only consider the most serious and catastrophic cases, where the medical negligence is clear.

If you or someone you know has such a profoundly serious injury as a result of medical malpractice, you can call us at (865) 544-0550 or 866-LAW-KNOX for a free consultation.

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Nursing Home Abuse/Neglect

Our population is aging. Presently, more than 1.5 million people live in nursing homes. Although some nursing homes provide good care, others subject helpless residents to needless suffering and even death. Abuse is an unfortunate but prevalent reality of our current care system. If you, or someone you love, is a nursing home resident, you need to be prepared to stop abuse before it occurs. If you, or someone you know, has been the victim of nursing home abuse, it is important to act quickly.

Often times, nursing homes are inadequately staffed and the employees are poorly trained. This may lead to a very painful existence for residents, because they depend on the staff for the basic essentials of life, like food, water, medicine, toileting, grooming, stimulation, and turning. When a nursing home fails to provide treatment, care, goods or services necessary to preserve a resident's health, safety, or welfare, and the resident suffers injury, the facility may be negligent. Examples of nursing home negligence include:

* Failure to provide food or water or failure to prevent malnutrition or dehydration

* Failure to assist in personal hygiene

* Failure to provide safe, clean and decent living conditions

* Failure to provide adequate treatment and services for incontinent residents

* Failure to provide appropriate supervision and assistive devices to prevent accidents

* Failure to provide adequate medical care and acquire and dispense proper medications, as well as failure to ensure that residents are free from serious medication errors

* Failure to prevent a resident from developing pressure sores; or, if a resident already has pressure sores, failure to provide proper treatment to promote healing.

For these reasons and more, it is important to ensure that you, or a nursing home resident you care about, is receiving proper treatment. Our lawyers understand the effects of nursing home abuse. We know the pain, and suffering that may result from improper care.

If you or someone you love has been injured or has died as a result of the abuse or neglect of a nursing home or its staff, you can call our law firm at (865) 544-0550 or 866-LAW-KNOX for a free consultation.

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Social Security Disability

Despite all the stories out there about how easy it is to get Social Security Disability or Supplemental Security Income [“SSI”], it’s harder than you think to get these federal benefits. If you have been working regularly for at least five years and paying your FICA contributions, you will likely be fully insured and eligible for such benefits. The Social Security Administration, which handles these types of disability claims, has set forth a five step analysis to decide who will get disability and who won’t:

1. Are You Working? If you are currently working regularly at a job, you are not eligible for disability benefits. So the first thing to look for is whether you are not working due to a physical or mental condition. If you are trying to work through your condition and failing, then you are considered to be making an unsuccessful work attempt, which will not be counted against you. You must prove this

element of the claim.

2. Do You Have a Serious Impairment? To get disability, you must have a physical and/or mental impairment. The impairment must be “serious.” Social Security usually will give you the benefit of the doubt here. Nevertheless, you must prove your serious impairment, usually through your medical records.

3. Does the Impairment Meet or Equal a Listed Impairment? The Social Security regulations specify various physical and mental impairments, and how seriously the impairment must affect you. If your condition meets or equals these “listed impairments,” then you are awarded disability. While you have the burden of proving this element, Social Security almost never finds that a claimant’s condition meets or equals a listed impairment, regardless of your evidence.

4. Can You Return to Your Past Relevant Work? Assuming your serious impairment, your evidence must show that you are incapable of returning to the past types of work that you have done. If Social Security says that you can, then you are denied disability. If you are unable to return to your past relevant work, then the burden of proof shifts to Social Security to prove:

5. There Are Other Occupations in the National Economy, in Sufficient Numbers, That You Can Work Despite Your Impairment. Social Security will prove this element by taking testimony from a vocational expert. That person will use a book called the Dictionary of Occupational Titles [DOT], which spells out all the different kinds of occupations, and in what numbers such occupations exist in the United States.

For instance, if the DOT says that, based on your age, education, training and past work experience, you could work as a ticket-taker, or a bottom scrubber [whatever that is], or any number of other arcane jobs, then Social Security has met its burden of proof and your claim will likely be denied.

The process of a Social Security or SSI claim usually is confusing and lengthy. Once you file your claim with your local Social Security office, you will probably be denied. Don’t lose heart, though, because most people are denied on their first application.

After that first denial, you must request reconsideration within 60 days. Again you probably will be denied at this level. At this point, you must request a hearing in front of an Administrative Law Judge. Here is where you have your best chance of getting approved, and when you most need a lawyer. If you think you may be entitled to Social Security Disability or SSI benefits, feel free to call either Glen Rutherford or Doug Weinstein to discuss your claim in more detail.

If you or someone you love is unable to perform any work whatsoever, and is having problems obtaining Social Security Disability benefits, you can call our law firm at (865) 544-0550 or 866-LAW-KNOX for a free consultation.

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Family Law

Mary Evars-Goan, Glen Rutherford, Spence Bruner and Brett Stokes have, collectively, decades of experience representing people in family law matters, including divorce, custody and child support matters.

If you need a lawyer on a family law matter, please give us a call at (865) 544-0550 or 866-LAW-KNOX for a free consultation.

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