FAQs
- WHO IS RESPONSIBLE WHEN A PERSON IS INJURED?
- DO I NEED AN ATTORNEY?
- WHAT DO I DO AFTER AN ACCIDENT?
- WILL I HAVE TO GO TO COURT?
- WHAT ARE COMPENSATORY DAMAGES?
- WHAT ARE PUNITIVE DAMAGES?
- DO I NEED A LAWYER IF I AM ARRESTED FOR A CRIME?
- WHAT IS A MISDEMEANOR?
- HOW IS CUSTODY OF CHILDREN DETERMINED?
- HOW DOES THE COURT DETERMINE PROPERTY DIVISION AFTER A DIVORCE?
- WHAT ARE THE GROUNDS FOR A CONTESTED DIVORCE?
- WHAT FACTORS AFFECT ALIMONY?
- WHO IS RESPONSIBLE WHEN A PERSON IS INJURED?
The law of personal injury is concerned with determining who may be responsible for your injuries and how much they should be required to pay for your damages. Personal injury is part of the law of torts, the legal term that includes all types of injuries to people and their property.
There are a number of principles that apply to personal injury that recognize degrees of fault on the part of the person who causes the injury. In general, the degrees of fault can be described as negligence, intentional fault, and strict liability.
- DO I NEED AN ATTORNEY?
Yes. Regardless of the type of accident, you need an attorney to receive fair treatment. Insurance companies are businesses with the goal of saving themselves money. The insurance adjuster's are employees of the insurance companies that try to offer as little money as possible to the injured claimant. With an attorney you can know the value of your claim and you will have someone in your corner that can fight for you legally.
- WHAT DO I DO AFTER AN ACCIDENT?
The first thing you should do is report the accident to your own insurance company but not give a statement until after you consult with an attorney. Such statements are usually recorded and can be used against you later. Politely tell the insurance representative that you will call back at a more convenient time and then contact your attorney.
- WILL I HAVE TO GO TO COURT?
If the insurance company agrees to pay what we have esteemed your case is worth, and the amount is satisfactory to you, then you don’t have to go to court. If the insurance company refuses to pay the acceptable amount, then we will proceed in court. Unlike other personal injury lawyers who may try to settle your claims quickly and avoid trial, we go the distance to win your case. Our experienced attorneys know how much your case is worth and we make sure you are satisfactorily compensated for your injuries and losses.
- WHAT ARE COMPENSATORY DAMAGES?
Compensatory damages "compensate" the injured person for various kinds of losses or damages. These may also be referred to as "actual damages." The courts instructions call for “reasonable” compensation.
- WHAT ARE PUNITIVE DAMAGES?
Punitive damages exist to punish or make example of the wrongdoer for conduct that is intentional, or when the wrongdoer acts in a reckless manner in disregard for the rights of others. Punitive damages may be awarded only in certain circumstances. The actual payment of punitive damages is rare, and appellate courts frequently cut punitive damage awards down, or simply throw them out. However, the threat of punitive damages can often induce the defense to make an increased settlement.
- DO I NEED A LAWYER IF I AM ARRESTED FOR A CRIME?
Yes. You need an experienced lawyer to know where to spend resources and time. A good legal defense begins at the basics with a good preliminary hearing, and discovering facts through bond and suppression hearings. Being prepared is key for any case.
You have a Constitutional right to represent yourself. However, the prosecuting attorney is a lawyer that underwent years of education, practice, and continuing legal education. The average citizens are unable to adequately represent themselves in a criminal case.
- WHAT IS A MISDEMEANOR?
A misdemeanor crime is an offense punishable by imprisonment in a county jail for up to one year or jail time and a fine. Misdemeanor crimes are the criminal law classification of crimes that are considered the least serious. Common misdemeanors include:
- Disorderly conduct
- Petty theft
- Prostitution
- Public intoxication
- Simple assault
- Trespass
- Vandalism
- HOW IS CUSTODY OF CHILDREN DETERMINED?
The criteria for custody are set out in a statute, TCA 36-6-106. They include the following:
- The love, affection, and emotional ties existing between the parents and child
- The disposition of the parents to provide the child with food, clothing, medical care, education and other necessary care and the degree to which a parent has been the primary caregiver
- The importance of continuity in the child’s life and the length of time the child has lived in a stable, satisfactory environment
- The stability of the family unit of the parents
- The mental and physical health of the parents;
- The home, school and community record of the child
- The reasonable preference of the child if twelve (12) years of age or older. The court may hear the preference of a younger child upon request. The preferences of older children should normally be given greater weight than those of younger children.
- Evidence of physical or emotional abuse to the child, to the other parent or to any other person
- The character and behavior of any other person who resides in or frequents the home of a parent and such a person’s interactions with the child
- Each parent’s past and potential for future performance of parenting responsibilities, including the willingness and ability of each of the parents to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent, consistent with the best interest of the child
- HOW DOES THE COURT DETERMINE PROPERTY DIVISION AFTER A DIVORCE?
To determine who gets what marital property, the court will consider:
- Length of the marriage
- Age, health, skills, and abilities of the parties
- Contribution to the education or to the earning power of the other
- Relative ability of the parties to acquire property in the future
- Contribution to the value of the marital property or the separate property
- Amount of separate property owned by each spouse
- Premarital property and post marital property
- Financial conditions of each party
- Tax consequences
- Social Security benefits
- Allowing the custodian and children to continue to live in the home permanently or for a period of time (most often until remarriage of the custodian or until the children turn eighteen)
- WHAT ARE THE GROUNDS FOR A CONTESTED DIVORCE?
- Adultery
- Habitual drunkenness or abuse of narcotic drugs that has worsened since the marriage
- Living separately and apart for two years with no minor children
- Willful or malicious desertion for one full year without a reasonable cause
- Conviction of a felony and sentencing to the penitentiary or conviction of an infamous crime
- Pregnancy of the wife by another before the marriage without the husband's knowledge
- Willful refusal to move to Tennessee with your spouse and living apart for two years
- Malicious attempt upon the life of the other
- Lack of reconciliation for two years after the entry of a decree of separate maintenance
- Impotency and sterility
- Bigamy
- Cruel and inhuman treatment (which may also be referred to as "inappropriate marital conduct")
- Indignities offered by one spouse to the other
- Abandonment of the wife in which the husband refuses or neglects to provide for her
- WHAT FACTORS AFFECT ALIMONY?
Alimony is based on the relative needs and resources of the parties. The legislature set out criteria for the court to consider and they include the following:
- Relative earning capacity, needs and obligations, this includes income from pension, profit sharing and all sources
- Education and ability of the parties, as well as opportunities for additional education
- Length of the marriage
- Age, physical, and mental condition of the two parties
- Whether or not one of the parties should stay at home with the children of the parties instead of working
- Separate property a person has
- Marital property a person gets
- Standard of living the parties enjoyed during the marriage
- Tangible and intangible contributions of a homemaker and the tangible and intangible contributions of one party to the education, training, or increased earning power or the other party
- Fault of one of the parties
- Tax consequences
