-------------------- IT APPEARS YOUR BROWSER DOES NOT SUPPORT FRAMES. MODERN SITES REQUIRES THAT YOUR BROWSER SUPPORT THIS IMPORTANT FEATURE. IT IS IN YOUR BEST INTEREST TO DOWNLOAD FOR FREE THE NEWEST BROWSER FOR YOUR COMPUTER. IF YOU USE MICROSOFT INTERNET EXPLORER SIMPLY GOTO MICROSOFT.COM AND CLICK DOWNLOAD NEWEST BROWSER. ---------------- THESE PARAGRAPHS ARE GIBBERISH FOR SEARCH EGNINES INDEXING , PLEASE IGNORE. ---- Formed in 1988, this firm represents working people in injury and bankruptcy law. They have handled hundreds of workers compensation matters
and work hard to protect the rights of the injured worker.Michael Large is past president of the Bristol Tennessee Bar Association and a member of the Tennessee and Virginia Trial Lawyer's Association.
Readers of the Bristol Herald Courier voted Large and Associates "Best Law Firm" in 1998. Michael Large, Large and Associates, accident and injury lawyer,
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questions and answers, Bristol,Attorneys and Lawyers in Rhode Island Attorney/Lawyer Directory Searching for a lawyer can be difficult, but whether you need an attorney for family law, criminal defense, bankruptcy, or any other reason, look in the Attorney/Lawyer Directory. For a current list of Attorneys/ Lawyers in your area, check the Rhode Island Attorney/ Lawyer Directory.
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BRIDGEPORT, Conn. -- During the opening round of the Bristol-Microsoft antitrust trial here, an attorney for Bristol Technology said the company's business may be "destroyed" because Microsoft Corp. has withheld source code for Windows NT,You are out with friends celebrating. Maybe, you have had a couple of beers. The evening ends. You enter your car and drive down the highway. You notice a police car behind you. Suddenly, he activates his overhead lights. You pull slowly and carefully to the side of the road. A beefy cop approaches you. He aks for your license. He asks whether you have been drinking. You realize you may have a problem.
In Florida, a conviction on a 1st D.U.I., can result in 6 months in jail, probation, a $500.00 fine, license suspension, community service hours, attendance at a substance/alcohol course, attendance at D.U.I driving school. And a D.U.I conviction remains on your record for life. Not to mention, that your automobile insurance may double if you are lucky enough not to have the company cancel you.
My passion is defending individuals who have been charged with D.U.I., by the State of Florida. There are those who think that a D.U.I. charge cannot be defended. I disagree, especially if the driver had the presence of mind not to give a sample of breath. I am a former Assistant Public Defender in Dade and St. Lucie Counties. I have defended cases from simple misdemeanors to Second Degree Murder and Capital Sexual Battery. I have represented over 1000 individuals who have been charged with D.U.I.
I may be able to assist you. But, you must make the call. If your driving privilege is important then you should act now.
The hiring of a lawyer is an important decision that should not be based solely on advertisment. Before you decide, ask Timothy Foster, Esquire to send you free written information about his qualifications and experience.
Additionally, the comments, statements and articles contained herein are general in nature and should not be relied upon as a basis for any legal opinion, action or conclusion on the part of the reader with respect to any particular set of facts or circumstances.
Local Bristolians would like to welcome you and visitors would tell you that our state line runs right through the middle of our historic downtown along State Street. Bristol is fortunate to offer many amenities, from the historic downtown area to the scenic beauty of the Appalachian Mountains and Holston Lake, the excitement of the Bristol Motor Speedway, the thriving industry maintained in the region and the wealth of higher educational opportunities. Bristol is proud to be named by U.S. Congress as the official "Birthplace of Country Music." So . . . whether you are looking to relocate or if you are just visiting our unique twin-city be sure to explore our website and see what Bristol has to offer and you will discover why Bristol truly is
Ronald Kilgore, Dan C. McBeth ,W. R. McCall ,Roger A. Sindle ,John D. Wagg, son of minister James Wagg, was born in Jefferson, North Carolina, on 8 July 1835. Although he initially studied medicine in 1854 at Jefferson Academy, Wagg eventually entered the ministry. On 17 July 1858, the Holston Conference of the Methodist Episcopal Church South authorized and licensed him as a preacher. The Holston Conference, in the mid-nineteenth century, encompassed most of western North Carolina, eastern Tennessee, and southwestern Virginia.
Wagg's first appointments were in the Virginia counties of Giles, Russell, and Wise where he labored as a circuit preacher. By 1859, however, he was reassigned to Hillsville, Virginia, where he married Lavinia Anderson on 13 May 1862.
Wagg subsequently assumed ministerial duties in Asheville, North Carolina, in late 1862 or early 1863. His only child, Martha Elizabeth Wagg, was born there at the home of lawyer Joshua Roberts on 6 March 1863. On 6 August 1864, his wife Lavinia died.
In late 1864, John D. Wagg relocated to Bristol, Virginia, although he continued to deliver occasional sermons in Asheville. Wagg was superannuated by the Methodist Episcopal Church South in 1865 because of tuberculosis. He died in 1866 and is buried in Hillsville.
Scope and Content:The Wagg Papers consist of correspondence, two diaries, sermons, church documents, and miscellaneous poems and essays. Forty-seven letters from ministers, family, and friends from 1858 to 1866 comprise his correspondence. Church documents include Wagg's credentials and a list of members and map of the Hillsville circuit.
Provenance: The Wagg Papers were purchased in November 1992 from Howard R. McManus of Roanoke, Virginia. The collection was processed in January 1993 by C. C. Reynolds.
N&Q = Notes and Queries Nelles, 'Cosmo Manuche's Castle Ashby Plays' = William Nelles, 'Cosmo Manuche's Castle Ashby Plays as Theater Pieces', ELN 27 (1990), 39.
Nethercot, Abraham Cowley = Arthur H. Nethercot, Abraham Cowley: The Muse's Hannibal, Oxford, 1931 (reissued 1967).
Nethercot, Elizabethan Plays = Arthur H. Nethercot, ed., Elizabethan Plays (revised edition), Holt, Rinehart, & Winston, 1971.
Nethercot, Stuart Plays = Arthur H. Nethercot, ed., Stuart Plays (revised edition), Holt, Rinehart & Winston, 1971.
Newdigate, Michael Drayton = Bernard Newdigate, Michael Drayton and His Circle, Blackwell, 1941. (revised 1961)
Nicholl, Cup of News = Charles Nicholl, A Cup of News: The Life of Thomas Nashe, Routledge, 1984. Nicholl, Reckoning = Charles Nicholl, The Reckoning: The Murder of Christopher Marlowe, Jonathan Cape, 1992.
Nochimson, 'Robert Burton' = Richard L. Nochimson, 'Studies in the Life of Robert Burton', Yearbook of English Studies 4 (1974), 85.
Nolan, 'Thracian Wonder' = Michael Nolan, 'William Rowley and the Authorship of The Thracian Wonder', N&Q 242 (1997), 519.
Nosworthy, 'Henry Porter' = J. M. Nosworthy, 'Henry Porter', English 6 (1946), 65. Nosworthy, 'John Heminges' = J. M. Nosworthy, 'A Note on John Heminges', Library, 5th series, iii (1949), 287.
Nosworthy, 'Notes on Henry Porter' = J. M. Nosworthy, 'Notes on Henry Porter', MLR 35 (1940), 517. Nungezer = Edwin Nungezer, A Dictionary of Actors and of Other Persons Associated with the Public Representation of Plays in England before 1642, Yale, 1929.
O'Conor, Godes Peace and the Queenes = Norreys Jephson O'Conor, Godes Peace and the Queenes: Vicissitudes of a House, 1539-1615, Harvard, 1934.
O'Kill, 'William Patten' = Brian O'Kill, 'The Printed Works of William Patten', Transactions of the Cambridge Bibliographic Society 7.1 (1977), 28.
Oliphant, 'Henry Porter?' = E. H. C. Oliphant, 'Who Was Henry Porter?', PMLA 43 (1928), 572. Oliver, 'Building of the Theatre Royal' = H. J. Oliver, 'The Building of the Theatre-Royal in Bridges St.: Some Details of Finance', N&Q 217 (1972), 464.
O'Malley, Courageous Turk = Susan Gushee O'Malley, A Critical Old-Spelling Edition of Thomas Goffe's "The Courageous Turk", Garland, 1979.
O'Neill, 'Commencement' = David G. O'Neill, 'The Commencement of Marston's Career as a Dramatist', RES 22 (1971), 442.
Orbison, 'Chapman Letter' = Tucker Orbison, 'The Case for the Attribution of a Chapman Letter', Studies in Philology 72 (1975), 72.
Orbison, Tragic Vision = Tucker Orbison, The Tragic Vision of John Ford, Salzburg, 1974. Orgel and Strong, Inigo Jones = Steven Orgel and Roy Strong, Inigo Jones and the Theatre of the Stuart Court, 1973.
Orrell, Inigo Jones and John Webb = John Orrell, The Theatres of Inigo Jones and John Webb, Cambridge, 1985.
Pafford, 'Blandford Forum' = J. H. P. Pafford, 'Blandford Forum. Early Records of the Drama', Somerset & Dorset Notes & Queries 30 (1977), 283.
Pafford, 'John Clavell' = J. H. P. Pafford, 'John Clavell, 1601-43, Burglar, Highwayman, Poet, Dramatist, Doctor, Lawyer', Somerset & Dorset Notes & Queries 33 (1986), 549.
Paradise, Thomas Lodge = N. Burton Paradise, Thomas Lodge: The History of an Elizabethan, Yale, 1931.
aradise, 'Thomas Lodge' = N. Burton Paradise, 'Thomas Lodge, Doctor of Physick', Yale Journal of Biology 7 (1935), 449.
Parker, Milton = William R. Parker, Milton: A Biography, Oxford, 1968. Parker, 'Suckling in Paris' = Michael P. Parker, 'Suckling in Paris', N&Q 232 (1987), 316.
Parr, 'Robert Greene and His Classmates' = Johnstone Parr, 'Robert Greene and His Classmates at Cambridge', PMLA 77 (1962), 536.
Pawlisch, Sir John Davies = Hans S. Pawlisch, Sir John Davies and the Conquest of Ireland, Cambridge, 1985.
Payne, The Hector of Germanie = L. W. Payne, ed., The Hector of Germanie, or the Palsgrave Prime Elector, 1906.
Pearn, Lodovick Sforza = B. R. Pearn, ed., The Tragedie of Lodovick Sforza, Duke of Milan, Pearse, 'Elizabeth Cary' = Nancy Cotton Pearse, 'Elizabeth Cary, Renaissance Playwright', Texas Studies in Language and Literature 18 (1977), 601.
Peerage = George Edward Cokayne et al., eds., The Complete Peerage of England, Scotland, Ireland, Great Britain, and the United Kingdom, St. Catherine Press, 1910-59. (13 v. in 14)
Peery, 'Nathan Field's Dates' = William Peery, 'Nathan Field's Dates', MLR 41 (1946), 409. eery, Plays of Nathan Field = William Peery, ed., The Plays of Nathan Field, Texas, 1950.
endry, Thomas Dekker = E. D. Pendry, ed., Thomas Dekker: The Wonderful Year; The Gull's Horn-Book; Penny-Wise, Pound-Foolish; English Villainies Discovered by Lantern and Candlelight; and Selected Writings, Edward Arnold, 1967.
Petersson, Sir Kenelm Digby = R. T. Petersson, Sir Kenelm Digby: the Ornament of England, 1603-1665, Jonathan Cape, 1956.
Petter, Works of Edward Sharpham = Christopher Gordon Petter, ed., A Critical Old Spelling Edition of the Works of Edward Sharpham, Garland, 1986.
Phelps, 'Ben Jonson's Death' = Wayne H. Phelps, 'The Date of Ben Jonson's Death', N&Q 225 (1980), 146. Phelps, 'Cosmo Manuche' = Wayne H. Phelps, 'Cosmo Manuche, Royalist Playwright of the Commonwealth', ELN 16 (1979), 207.
Phelps, 'Edmund Shakespeare' = Wayne H. Phelps, 'Edmund Shakespeare at St. Leonard's, Shoreditch', SQ 29 (1978), 422.
Phelps, 'John Edwards' = Wayne H. Phelps, 'John Edwards and the Date of the Lost "Saturnalia"', N&Q 224 (1979), 150.
Phelps, 'Lewis Wager's Death' = Wayne H. Phelps, 'The Date of Lewis Wager's Death', N&Q 223 (1978), 420.
Phelps, 'Nathaniel Johnson' = Wayne H. Phelps, 'Nathaniel Johnson, a Seventeenth-Century Playwright', N&Q 224 (1979), 149.
Phelps, 'Thomas May' = Wayne H. Phelps, "Two Notes on Thomas May", N&Q 224 (1979), 412. Phialas, 'Middleton's Early Contact' = P. G. Phialas, 'Middleton's Early Contact with the Law', SP 52 (1955), 186.
Pilkington, 'Bristol' = Mark C. Pilkington, 'Playing in the Guildhall, Bristol', REEDN 14.2 (1989), 15.
Pilkington, 'New Information' = Mark C. Pilkington, 'New Information on the Playhouse in Wine Street, Bristol', TN 42 (1988), 73.
Pilkington, 'Wine Street, Bristol' = Mark C. Pilkington, 'The Playhouse in Wine Street, Bristol', TN 37 (1983), 14.
Pinciss, 'Queen's Men' = G. M. Pinciss, 'The Queen's Men, 1583-1592', TS 11.1 (1970), 50. Pincombe, Plays of John Lyly = Michael Pincombe, The Plays of John Lyly: Eros and Eliza, Manchester, 1996.
Pincombe, 'Two Elizabethan Masque-Orations' = Michael Pincombe, 'Two Elizabethan Masque-Orations by Thomas Pound', Bodleian Library Record 12 (1987), 349.
Pinhorn, 'Inigo Jones' = Malcolm Pinhorn, 'Inigo Jones and his Family', N&Q 220 (1975), 536. Pitcher, 'Samuel Daniel' = John Pitcher, 'Samuel Daniel, the Hertfords, and a Question of Love', RES 35 (1984), 449.
PMLA = Publications of the Modern Language Association Poulton, John Dowland = Diana Poulton, John Dowland, Faber & Faber, 1972 (2nd edition 1982).
Poynter, Bibliography of Gervase Markham = F. N. L. Poynter, A Bibliography of Gervase Markham, 1568?-1637, Oxford Bibliographic Society, 1962.
Poynter, 'Gervase Markham' = F. N. L. Poynter, 'Gervase Markham', Essays and Studies by Members of the English Association 15 (1962), 27.
Price, 'Gilbert Talbot' = David C. Price, 'Gilbert Talbot, Seventh Earl of Shrewsbury: An Elizabethan Courtier and His Music', Music and Letters 57 (1976), 144.
Prior, 'Anthony Munday' = Roger Prior, 'Anthony Munday as Father and Grandfather', N&Q 218 (1973), 453.
Prior, 'George Wilkins' = Roger Prior, 'George Wilkins', N&Q 220 (1975), 561. Prior, 'Life of George Wilkins' = Roger Prior, 'The Life of George Wilkins', SS 25 (1972), 137.
Prior, 'Young Heir' = Roger Prior, 'George Wilkins and the Young Heir', SS 29 (1976), 33. Prouty, 'George Gascoigne' = C. T. Prouty, 'George Gascoigne and Elizabeth Bacon Breton Boyes Gascoigne', RES xiv (1938),
routy, George Gascoigne = C. T. Prouty, George Gascoigne: Elizabethan Courtier, Soldier, and Poet, Columbia, 1942.
Pruvost, Robert Greene = Rene Pruvost, Robert Greene et ses romans (1558-1592), Societe d'edition les belles lettres, 1938.
Ramel, 'Biographical Notices' = Jacques Ramel, 'Biographical Notices on the Authors of "The Misfortunes of Arthur"', N&Q 212 (1967), 461.
Randall, Gentle Flame = Dale B. J. Randall, Gentle Flame: The Life and Verse of Dudley, Fourth Lord North (1602-1677), North Carolina, 1983.
ather, 'Career and Personality' = Charles A. Rather, 'Some Notes on the Career and Personaility of Thomas Churchyard', N&Q 205 (1960), 211.
RD = Renaissance Drama Read, My Lady Suffolk = Evelyn Read, My Lady Suffolk: A Portrait of Catherine Willoughby, Duchess of Suffolk, Knopf, 1963.
Rebholz, Fulke Greville = Ronald Rebholz, The Life of Fulke Greville, First Lord Brooke, Oxford, 1971.
RECM = Records of English Court Music (1485-1714), calendared and edited by Andrew Ashbee, 8 vols., Scolar Press, 1986-1996.
Redstone, 'Ipswich' = V. B. Redstone, 'Players at Ipswich', Malone Society Collections 2.3 (1931), 258-84.
REED = Records of Early English Drama There are more than 50 wrecks per day in Nashville, and many drivers are uninsured or underinsured
Don't delay treatment if you are injured Get pictures of your car damage before repairs are done Your claim must be received within 1 year or a lawsuit must be filed to protect your rights
Insurance adjusters are trained as people "handlers" and negotiators. Be very careful or get professional help Driver "logs" showing when a driver slept may be destroyed after six months If you consult a lawyer early, he/she can enjoin the trucking company from destroying their records Federal regulations require driver rest periods Some truck drivers routinely violate these regulations and drive too far, too long Driver fatigue is a factor in many truck accidents There are more than 1.4 million DUI arrests per year, but for each arrest there are dozens of DUI drivers who are not caught
41% of all traffic fatalities involve alcohol Tennessee law allows punitive damages against DUI drivers to punish them and send a message to others If you are injured by a defective machine or product, you may have a legal claim against the manufacturer and/or distributor. If you have such an injury, collect:
Name of Manufacturer Model # and Serial # Photos of Product To protect your claim, a lawsuit must be filed within 10 years of manufacture, and no more than 1 year after the date of injury.
If you have been injured in an automobile accident it is important that you contact a qualified attorney immediately to help you get the justice you seek and the compensation you deserve. The laws are complex and the right attorney can help you understand your rights under the law. Call Phillip Miller and Associates for a free consultation. We want to help.
There were an estimated 6,334,000 police-reported traffic crashes. 41,471 people were killed and 3,192,000 people were injured. 4,269,000 crashes exclusively involved property damage An average of 114 individuals died each day -one every 13 minutes Motor vehicle crashes are the leading cause of death for children from 5-14 years old. In 1998, 20% of the children under 15 years old killed in crashes were killed in alcohol-related crashes. In 1998, 5,220 pedestrians were killed; 10% of those fatalities were 0-14 years of age and 62% of this age group was male.
On average, a pedestrian is killed in a traffic crash every 101 minutes and injured in a traffic crashes every 8 minutes.
Most pedestrian fatalities in 1998 occurred in urban areas (69%), at nonintersecting locations (78%, in normal weather conditions (88%), and at night (64%).
Speeding was a major contributing factor in 30% of all fatal crashes. 12,477 lives were lost in speeding related crashes in 1998. 37% were male drivers ages 15-20 years of age.
The economic cost of speeding-related crashes is estimated to be $27.7 Billion each year In 1998, 599,000 people received minor injuries in speeding-related crashes, 72,000 received moderate injuries and over 40,00 received serious to critical injuries.
In 1998, 85% of speeding-related fatalities occurred on roads that were not Interstate highways. Safety belts, when used, reduce the risk of fatal injury to front-seat passenger car occupants by 45%. Child safety seats reduce fatal injury by 71% for infants (less than 1year old) and 54% for toddlers (1-4 years old) in passenger cars. For infants and toddlers in light trucks, the corresponding reductions are 58% and 59%, respectively.
Between 1987 and 1998, 3,706 lives were saved by air bags. Air bags, combined with lap/shoulder safety belts, offer the most effective safety protection available today for passenger vehicle occupants.
Air bags are supplemental protection and are not designed to deploy in all crashes. Most are designed to inflate in a moderate-to-severe frontal crash.
Children in rear-facing child seats should not be placed in the front seat of vehicles equipped with passenger-side air bags. The impact of a deploying air bag striking a rear-facing child seat could result in injury to the child.
In 1998, older people made up 9% of the resident population but accounted for 14% of all traffic fatalities and 18% of all pedestrian fatalities.
In 1998, 161,000 older individuals were injured in traffic crashes. 82% occurred during the day, 72% on weekdays and 75% involved another vehicle.
In two-vehicle fatal crashes involving an older driver and a younger driver, the vehicle driven by the older person was more than 3x (times) as likely to be the one that was struck. In 42% of these crashes, both vehicles were proceeding straight at the time of collision.
Older drivers involved in fatal crashes had the lowest proportion of intoxication than all adult drivers. Fatally injured older pedestrians also had the lowest intoxication rate of all pedestrian fatalities.
On the basis of estimated annual travel, the fatality rate for drivers 85 and over is 9x (times) as high as the rate fro drivers 25 through 69 years old.
In 1998, 38% of the pedal cyclists injured in motor vehicle crashes were under 15 years of age. During 1998, 9,9095 motor vehicle occupants under 15 years old were involved in fatal crashes. For those children, where restraint was known, 43% were unrestrained; among those who were fatally injured, 61% were unrestrained.
During 1998, a young person died in a traffic crash an average of once an hour during the weekend and once every two hours on weekdays.
Phillip H. Miller and his law firm have extensive experience representing victims of DUI drivers. This firm routinely sues drunk drivers and takes action to revoke their driving privileges and/or punish them financially.
The offense of DUI (Driving Under the Influence) is a crime. DUI is committed when an individual operates a motor vehicle on any highway, street, alley way, shopping center complex or apartment building parking lot while under the influence of an intoxicant. Tennessee law states that one is presumed to be under the influence if they have a Blood Alcohol Content (BAC) of .10 or higher. For drivers who have had a prior DUI, they are presumed to be under the influence if they have a Blood Alcohol Content (BAC) of .08.
Despite the law, many drivers do not take personal responsibility for their actions. Many DUI drivers refuse breath tests or get their charges reduced to reckless driving. Others plead guilty, go to "DUI School", and continue to drink and drive. Claims against these drivers are a valuable addition to criminal prosecution, and send a message that drunk drivers will not get off lightly.
In 2001, a Davidson County jury awarded one of the firm's clients a judgment for one million dollars in punitive damages against a DUI driver. This kind of result can only occur when there is aggressive prosecution by a firm like Phillip Miller and Associates on behalf of a DUI victim.
If you have been injured at the hands of an intoxicated driver, you should consult with an attorney who is specifically knowledgeable and active in this area of the law. You need to know and understand your rights under the law. Phillip Miller and Associates are here to help you. Call now for a free consultation, 1-800-337-HURT(4878). Get answers fast.
The Facts about Intoxicated Drivers: The economic cost of alcohol-involved crashes is approximately $45 Billion per year (based on 1994 figures). bout 3 in every 10 Americans will be involved in an alcohol-related crash at some time in their lives. Every 33 minutes, someone is killed in an alcohol-related crash. About one-third of all DUI drivers are repeat offenders. DUI drivers have a greater risk of involvement in a fatal crash. Alcohol was involved in 38% of fatal crashes and 7% of all crashes in 1998. Over one-third of all deaths for people ages 15-20 years old, result from Motor Vehicle crashes (Vital Statistics Mortality Data-1997, CDC) In 1998, over one-third of these motor vehicle fatalities involved alcohol.
The highest intoxication rates for drivers in fatal crashes in 1998 were recorded for drivers 21-24 years old (28%), followed by ages 25-34 year old (24%) and 35-44 year olds (21%).
Tennessee DUI Law: DUI - 1st Offense: Sentenced to a minimum of 48 hours in jail, fined a minimum of $350.00 with license suspension for one year.
DUI - 2nd Offense: Sentenced to a minimum of 45 days in jail, fined a minimum of $600.00 with license suspension for two years. Also, your vehicle is subject to seizure under Tennessee Law.
DUI - 3rd Offense: Sentenced to a minimum of 120 days in jail, fined a minimum of $1,100.00 with license suspension for three years.
The maximum punishment for any DUI conviction in the state of Tennessee at the current time is 11 months and 29 days in jail with a $10,000.00 fine. In 1998 the Tennessee Legislature passed more laws that affect people who are charged with offenses dealing with driving under the influence of an intoxicant or drug.
Tennessee DUI Law:Driving While Impaired:It is against the law for a minor under the age of twenty-one to drive or be in control of a motor vehicle with a BAC of .02 as measured by breath or blood test.
For individuals over twenty-one, the breath or blood level concentration limit (BAC), is set higher at .08 and .09.
The first offense for driving under the influence makes you subject to a fine and will count as a DUI conviction for sentencing purposes if a person receives a subsequent DUI conviction. Second and third offense conviction of Driving While Impaired are sentenced as a second or third offense DUI.
Driving While Intoxicated:It is against the law to drive or be in control of a motor vehicle if a person is under the influence of alcohol or drugs and registers a .10 BAC on the breath test machine.
A person who registers .20 BAC or higher on the breath or blood test can be prosecuted as an Aggravated Offender. An Aggravated Offender must be sentenced to more jail time under Tennessee law.
Refusal to Submit to a Breath or Blood Test:A police officer can order a person to submit to a breath or blood test of the officer's choice, if the officer has reasonable grounds to believe a person is driving under the influence of alcohol or drugs.
If the person believed to be driving under the influence refuses to submit to testing, that person's license may be suspended for a period of one to five years, depending on the circumstances.
Violation of Open Container Law:It is against the law for a driver of a motor vehicle to have any open containers of alcohol in the vehicle. Presently, this law does not apply to passengers.
Parties to a Crime:It is unlawful to assist another person in driving an automobile while intoxicated or impaired. The most common violation of this law is lending one's car to a person who has been drinking.
The Tennessee Law mandates that the assisting party to an impaired person, who is believed to be under the influence of alcohol or drugs, will be guilty of the same crime. In essence, a sober person can be found guilty of DUI or Driving While Impaired just on the basis of assisting the drunk driver.
New Federal Law Mandates: On June 16, 2000 the U.S. Senate unanimously approved the Federal Transportation Appropriations Bill for FY 2001, which contains legislation requiring every state adopt a .08 BAC level as the legal limit for intoxication when operating a vehicle. States that fail to comply by 2004 will lose financial support from the highway trust fund. The Restaurant and Liquor Industries, along with groups concerned with the states' rights, have fought this measure as being overreaching and scientifically uncertain. An analysis by NHTSA of five states that lowered the BAC limit to .08 showed that significant decreases in alcohol-related fatal crashes occurred in four out of five states after the .08 law was adopted.
A potential claimant should always seek the advice of an attorney without delay. What is medical malpractice? Medical malpractice can include: misdiagnosis, improper treatment, and failure to treat delay in treatment, failure to perform appropriate follow-up prescription errors and any other departure from the accepted standards of medical care, health care, or the safety on the part of the health care provider that causes harm to a patient.
Who can be held accountable for medical malpractice? Generally speaking, a medical malpractice claim may be pursued against those who provide medical or health care to a patient, including physicians, registered nurses, hospitals, dentists, nursing homes and pharmacists. Medical malpractice may be brought against individuals, partnerships, professional associations, and corporations.
What is the first step in pursuing a medical malpractice claim? The first step would be to determine if you could be the victim of medical malpractice. The second step would be to contact an attorney who specializes in medical malpractice cases who will review your claim often with medical professionals to determine its viability. This process often involves obtaining and reviewing all pertinent information and medical records. If is becomes obvious that a malpractice claim is justified then written notice must be given to those that are believed to have committed the medical malpractice.
How do I know if I have a good case? Given the complexity of the medical and legal issues of a medical malpractice case, one who suspects that they or someone they know may have been a victim of medical malpractice should consult a qualified attorney immediately who can, along with the assistance of medical professionals, analyze the merits of one's claim. Due to the statutes of limitations in different states, it is imperative that you seek assistance as soon as possible after the suspected malpractice.
What are the costs involved in pursuing a medical malpractice case? Some attorneys will agree to handle medical malpractice cases on a contingency fee arrangement. This means that that the attorney will not charge an hourly rate for his or her services, but instead be paid a percentage of the recovery in the event of a settlement or judgment. Tennessee law requires attorneys to hold clients responsible for costs.
How long will it take to pursue a medical malpractice claim? There is no standard time frame. One should understand from the outset that that a quick resolution cannot be guaranteed. A medical malpractice case, if litigated to trial, could last a number of years. Most cases are settled prior to trial.
What are the time restraints on making a claim? Generally speaking, a victim of medical malpractice has a limited time period in which they must pursue their claim or be forever barred. In certain instances, such as when a medical profession conceals the incident of malpractice, victims that did not know, and could not have known of the malpractice until sometime after the incident or certain individuals who were a minor at the time the malpractice occurred are allotted additional time under the law to file a suit.
Have I waived my rights because I signed a consent form? No. A consent form does not give the health care provider a license to commit malpractice. While the execution of a typical consent form indicates acknowledgement of the stated risks and complications associated with a given treatment or procedure, it does not relieve the health care provider from his or her duty of the meeting the standard of care associated with such treatment or procedure.
The Institute Of Medicine's Medical Alert Report, "To Err Is Human": Building a Safer Health System [Read The Complete Report Online For Free]
Washington--November 1999 A recent report entitled, "To Err Is Human" was released by the Institute of Medicine, which is part of the National Academy of Sciences, a private organization created by Congress to advise government on scientific matters. According to this report, medical errors are responsible for at least 44,000 deaths each year in the United States and possibly as many as 98,000 each year. This means that more people die from medical mistakes each year than from breast cancer, highway accidents, or AIDS, the report noted. According to the report, medical mistakes occur not only in hospitals but also in day surgery and outpatient clinics, retail pharmacies, nursing homes and home care. The report states that medication errors alone contribute to more than 7,000 deaths annually, exceeding those resulting from workplace injuries. The report cited deficiencies in a number of areas, from illegible writing in medical records to the failure of physicians to regularly retest their competence after receiving their license to practice. The report claims that the Health Care Industry is far behind other high-risk industries, such as the Airline Industry, in its attention to ensuring basic safety. To address these alarming rates of medical mistakes, the report recommends dramatic changes to the health care system to achieve a minimum goal of 50% reduction of medial mistakes within five years. "These stunningly high rates of medical errors resulting in deaths, permanent disability, and unnecessary suffering are simply unacceptable in a medical system that promises to 'do no harm', states William Richardson, Chair of the Committee that wrote the report and President and Chief Executive Officer of the W.K. Kellogg Foundation, Battle Creek, Michigan.
Attorney Phillip H. Miller has critical experience in dealing with the complexities of the Tennessee's State Laws. He can help you succeed in attaining the justice you seek and the compensation you deserve. If you have been injured by a motorist while riding your motorcycle, you should consult with an attorney who is specifically knowledgeable and active in this area of the law. You need to know and understand your rights under the law. Phillip Miller and Associates are here to help you. Call now for a free consultation. Get answers fast.
Tennessee Laws Affecting Motorcyclists: 65MPH speed limit in effect on designated rural interstate highways Eye protection is required unless equipped with a wind screen Mirror is required by law
Passenger footrests are required if carrying a passenger Passenger seat is required if carrying a passenger Daytime use of headlight is required by law; modulating headlight permitted
State funded rider education is available for all eligible applicants; skills test may be waived with completion of rider education
Approximately 70% of multi-vehicle accidents involving a motorcycle are not the motorcyclist's fault. It is important to know your rights and what to do if you are injured in an accident. The first 24 hours after an accident are critical to your case. It is important to contact an accident and injury attorney that has a specialization in handling motorcycle injury cases, as the laws are complex and time is of the essence. An immediate investigation should be started including photographs showing your injuries, the accident scene and the involved vehicles. Statements from key witnesses should be obtained as soon as possible. The police report should be requested and an inspection of the point of skid marks and other material evidence should be made.
Get the facts now: What should I know if I am in an automobile accident? What should I know about automobile insurance? 1998 Motorcycle Facts: 2,284 motorcyclists died and approximately 49,000 were injured in highway crashes in the United States.
Per mile traveled in 1998, a motorcyclist is approximately 16 times more likely to die in a crash than an automobile occupant. And 3x (times) as likely to be injured.
Head injury is a leading cause of death in motorcycle crashes. In 1998, 46% of fatally injured motorcycle drivers were not wearing helmets at the time of the crash.
NHTSA estimates that motorcycle helmets reduce the likelihood of a fatality by 29% in a crash. In 1998, 41% of all motorcycle drivers involved in fatal crashes were speeding.
Nearly one out of five motorcycle drivers (18%) involved in fatal crashes in 1998 was operating with an invalid license at the time of the collision.
Motorcycle drivers involved in fatal crashes in 1998 had higher intoxication rates than any other type of motor vehicle driver at 31%.
In 1998, 500 motorcyclists lives were saved due to helmet usage; 307 could have been saved. The National Highway Traffic Safety Administration in conjunction with national motorcycle rider organizations has developed a series of public education materials targeted specifically to motorcycle operators. The materials are designed to encourage behavioral changes and help drivers take responsibility for individual behavior of drinking and driving and to realize the profound effect their actions have on their family and children.The NHTSA has also developed a set of motorcycle specific impaired rider detection cues that will allow law enforcement to determine if a motorcycle operator is impaired. To request information on Motorcycle Safety contact: National Highway Traffic Safety Administration Safety Countermeasures Division NTS-15 400 7th Street, SW Washington, D.C. 20590 Phone: 202.366.1739
Attorney Phillip H. Miller has critical experience in dealing with the complexities of Tennessee's State Laws. He can help you succeed in attaining the justice you seek and the compensation you deserve. If you have been injured at the hands of a tractor trailer driver, you should consult with an attorney who is specifically knowledgeable and active in this area of the law. You need to know and understand your rights under the law. Phillip Miller and Associates are here to help you. Call now for a free consultation. Get answers fast.
How does one establish liability in accidents involving large trucks? The use of the Federal Motor Carrier Safety Regulations (FMCSR) code may be an important tool to establish liability in truck cases and to show the negligent conduct of the truck driver and the motor carrier contributed to or caused the collision. Your attorney will help you understand how the regulations may apply to your specific case. [For more information on Truck Safety check out http://www.trucksafety.org]
Truck driver and motor carriers may be jointly and severally liable for violating the regulations. In most jurisdictions, a violation of a statute or ordinance adopted for the public's safety may be negligence per se and may establish the violator's civil liability.
Before the negligence per se doctrine can apply, injured parties must show that they are members of the class that the statute or ordinance was intended to protect.
In addition the injured party must show that the injuries suffered were of the kind that the statute was enacted to prevent. Further the party must show that the statute or ordinance prescribes or proscribes the conduct at issue and that this conduct proximately caused the alleged harm.
What evidence must be secured after a truck crash? In truck crash litigation, it is important to immediately secure all evidence that may otherwise be lost destroyed or unavailable later. For example, the FMCSR requires all drivers to complete a log book (also known as Record of Duty Status) to document the number of hours the driver has operated the truck, been off duty, and been on duty but not driving.
The FMCSR establishes timetables for drivers to file records with the motor carrier within 13 days of completing the approved log. The driver's home terminal must keep the logbook until the 20th day of the next calendar month. The book is then forwarded to the carrier's principal place of business and retained for 6 (six) months.
Immediately after a crash, trucking company representatives and its accident reconstruction experts will secure the semi trailer and perform the background investigation.
Critical evidence inside the truck, including beer cans, pep pills, cellular phones, magazines and duplicate logbooks may be removed.
The truck itself may be sold for scrap and destroyed before an attorney is even consulted by members of the victim's family to protect their interests.
Is there a possibility of third party liability? In severe crashes, it may be prudent to search for entities partly or wholly responsible for the collision. For example, a company that loaded its goods into a trailer may be liable for damages caused by the negligent loading or configuring of the trailer if the contents shift and cause the vehicle to lose control or the contents fall on people unloading it.
Due to the complexity of the laws surrounding the specifics of accidents involving large trucks and the required prompt action to secure the proper evidence, you should consult a qualified attorney immediately. Your rights are our priority at Phillip Miller and Associates. Call now for a free consultation.
The Facts: In 1998, 412,000 large trucks (gross vehicle rating greater than 10,000 pounds) were involved in traffic crashes in the United States: 4,935 were involved in fatal crashes.
In 1998, a total of 5,374 people died as a result of accidents involving large trucks and an additional 127,000 were injured in those crashes.
One out of eight traffic fatalities in 1998 resulted from a collision involving a large truck. In 1998, large trucks were 3 times as likely as other vehicles to be struck in the rear in two-vehicle crashes.
In the United States, 15 people die each day in truck related fatalities, a number that is the rough equivalent of a major airline crash every two weeks.
Drivers over the age of 65 are 6x (times) as likely to be killed by being hit from behind by a heavy truck, as are drivers under the age of 65.
The intoxication rate for drivers of large trucks involved in fatal crashes in 1998 was 1%. 29% of drivers in a 1988 survey stated that they regularly drive under the influence of illegal drugs including marijuana, speed and cocaine/crack. Though drivers estimate that 36% of truck accidents are due to driver fatigue.
Most of the fatal crashes involving large trucks occurred in rural areas (67%), during the day (68%), and on weekdays (80%).
Almost 30% of all large truck drivers involved in fatal crashes in 1998 had at least one prior speeding conviction. Nearly one-fourth (23%) of fatal crashes that took place in work zones (areas of construction, maintenance, or utility activity) involved a large truck.
The current HOS (Hours of Service) Rule for Truck Drivers permits commercial truckers alternately to drive a maximum of 10 hours straight and to rest for a minimum of 8 hours until reaching 60 hours in seven days or 70 hours of driving in eight days. This permits as much as 16 hours of driving in any 24-hour period on an 18-hour drive/rest schedule. Driver fatigue and unrealistic schedules are critical factors in driver negligence and account for an estimated 750 deaths and 20,000 injuries each year. [For more details on this issue check out http://www.trucksafety.org/hosfaq62.htm]
Most tractor-trailers are 65 feet long and in dual or triple combination the overall length may stretch to the ISTEA (Intermodal Surface
According to two studies issued by the Truckload Carriers Association, "Drivers will understate their non-driving hours in their log books Transportation Efficiency Act) maximum of 110 feet, the same as an average city block. Without restrictions public safety will be compromised. because employers can legally pay drivers nothing at all for any and all of their non-driving work. Thus, if drivers want to be paid for their legal maximum 70 hours of work they are legally allowed to perform each week, they must work over 100 hours." Motor carrier management, knowing that drivers do not record their non-driving hours, heap as many such hours on their drivers as they possible can. To please shippers, motor carrier management routinely requires its drivers to wait, unload, and load at the shipper's warehouses at no cost to the shipper. After a day of such work, they are expected to drive for 10 hours or until they can stay awake no longer.
Your safety is at risk due to the financial power of the Trucking Industry, lobbyists have made further deregulation of the Trucking Industry a probability. Larger, longer, heavier trucks will, under the guide of largely inadequately trained drivers that are driving too far and too long, result in an increase in the amount of innocent lives being injured or lost. The lobbyists for the Trucking Industry are flexing their muscle against innovations in electronic and satellite technology to monitor driver hours. There is an over due proposal in government to add electronic, on board recorders for at least two of the five driver categories. This will replace the use of logbooks, which can be altered. The Trucking Industry is striving to stop this process cold.
If you have been injured in an accident involving a large truck, Phillip Miller and Associates can assist you in getting the justice you seek and the compensation you deserve. Call us we want to help.
Anyone who has suffered a possible brain injury should be taken immediately to a hospital emergency room for examination. Loss of consciousness, even if it is only momentary, is a medical emergency. Brain damage can occur without any obvious signs.
What is "traumatic brain injury"? A traumatic brain injury is the impairment of normal brain function due to a severe blow to the head that may result in a brief loss of consciousness (concussion) or a prolonged period of unconsciousness (coma), depending on the severity of the injury. A concussion results from shaking the brain within the skull and often causes severe damage to nerve fibers and neurons. A concussion can be defined as traumatically induced alterations of mental status. A coma refers to a state of unconsciousness that may produce severely permanent impairments and have a long recovery time to regain complete awareness.
What are the symptoms of a brain injury? The symptoms of a brain injury are extremely varied because of the multiple functions of the brain. Four general categories of symptoms are commonly recognized: Cognitive, Perceptual, Physical, and Behavioral and Emotional.
Cognitive symptoms include: Shortened attention span Memory loss or impairment Language deficits--difficulty expressing thoughts and understanding others, inappropriate word selection
Difficulty in processing information--decreased speed, accuracy, and consistency Impaired decision making ability Inability to shift mental tasks or to follow multi-step directions Perceptual symptoms include:Change in vision, hearing or sense of touch Loss of sense of time and space and disorientation disorders of smell and taste
Altered sense of balance Increased pain sensitivity Physical symptoms include: Sleep disorders Persistent headache Sensitivity to light Paralysis Extreme mental and/or physical fatigue Disorders of movement--tremors, seizure activity
Impaired motor control Speech that is not clear due to poor control of the muscles in the lips, tongue and jaw and/or poor breathing patterns
Behavioral and Emotional symptoms: Irritability and impatience Reduced tolerance for stress Dependence--failure to assume responsibility for one's actions
Denial of disability Inflexibility Lack of inhibition--may result in aggression, cursing and inappropriate sexual behavior Flattened or heightened emotional responses--reactive or unresponsive Facts: Vehicle accidents account for almost 50% of all sustained brain injury in the United States.
Physical assault and violence is the third most common cause of brain injury. Recreational sports account for more than 82,000 brain injuries each year.
Football is responsible for more than 250,000 head injuries each year in the United States. Brain injuries account for 60% of equestrian related fatalities and 17 % of all equestrian injuries are brain injuries.
Nearly 90% of professional boxers have sustained a brain injury. Every 15 hours in the United States one head injury will result in death.
Children ages 5-15 years of age have the highest rate of head injury and death due to bicycle related accidents. The use of a universal helmet is essential in saving lives and preventing serious head injury.
How do I prove the existence and seriousness of my particular brain injury symptoms? Each symptom must be recorded and fully understood in its totality, as full and accurate documentation will prove vital to the success of your claim. It is helpful to utilize the varied brain imaging technologies, particularly computerized topography scans (CT-Scans) and magnetic resonance imaging (MRI) to gain important information about the current condition of your brain. In some cases an emergency CT -Scan will be ordered by a doctor to rule out the possibility of a large mass lesion in the brain that would require immediate surgical evacuation. There is also a process known as neuropsychological testing that taps into the functioning of the brain and seeks to identify the malfunctioning parts. A clinical psychologist, specially trained in this process, is capable of rendering professional opinions about the degree of your impairment within each brain function impacted by your injury. A neuropsychologist can determine how and to what extent your ability to calculate (an important function) has been diminished by your head injury. How should I select the experts to assist me in proving my claim?
It is critical that you have the assistance of an experienced personal injury attorney who has significant expertise and success in the presentation of brain injury claims. He or she will know the best experts who can evaluate and present your claim to assist in a successful recovery of damages. Often the medical experts who initially diagnosed and treated your brain injury are quite different from the experts who will be necessary to prove the nature and extent of your impairment over the rest of your life. The initial treating professionals will be critically important in the proof of the circumstances of your injury and its immediate treatment, but they will not necessarily have the skills to precisely measure your emotional state or your memory loss or your muscular weakness. A different team of experts comes into play when each of your permanent symptoms must be converted into meaningful and persuasive testimony. Experts in physical and vocational rehabilitation are needed to explain your future needs and limitations. Clinical psychologists, armed with test results and counseling records, are required. Each of the experts who are to participate in presenting your case must be selected wisely for their skills in aiding your recovery and articulating your limitations and disabilities.
Phillip Miller is a member of the Traumatic Brain Injury Litigation Group and has extensive experience sorting through the complex issues surrounding traumatic brain injury cases as well as the potential developmental disabilities resulting from brain injury. If you or someone you know has suffered a severe head injury it is critical that you/they seek professional assistance from an attorney who specializes in brain injury. The right attorney will provide responsive action that will assert and protect your rights for financial restitution and proper medical attention for your long and short-term care.
What Are You Entitled To Receive? Workers' compensation benefits include medical expenses, partial pay while you are off work, and compensation for permanent limitations or restrictions, which affect your wage earning ability. The following paragraphs describe those benefits in some detail.
Medical Expenses: Your employer is legally obligated to pay for all medical treatment, surgical procedures, prescriptions, medical supplies, or equipment, which is related to your injury and prescribed by the "authorized " doctor. This may include future medical expenses related to your injury. The employer or their insurance company is only obligated to pay bills for "authorized" medical treatment (unless they have refused to give you the names of doctors to see, or the bill is for emergency room services less than $300). State law requires your employer or their insurance company to give you a "panel" of three doctors to use in making your choice of doctor. Since the doctor you choose can make such a large difference in your case, this is a decision where it is best to consult a Lawyer who is experienced in handling workers' compensation cases.
Partial Pay While You Are Unable to Work: "Temporary total disability" is a term, which describes the time period when an injury prevents you from returning to work. This is generally the time needed to recover and rehabilitate from your injury. It ends when your doctor releases you to go back to work, or determines that you have reached your maximum medical improvement. During your period of "temporary total disability" you are entitled to compensation equaling 2/3rds of your average weekly wage. The law provides a maximum figure so that, regardless of your actual wages, your employer need not pay more than the legal weekly maximum.
Payment For Permanent Limitations And Restriction: Most injuries do not result in total disability, but in restrictions, which can limit a worker's strength, endurance, or capacity for work. This is called "permanent partial disability". As an injured worker, you are entitled to compensation for any permanent impairment, even though you may have returned to your regular job at the same (or even better) pay. This is in addition to the temporary benefits you receive while recovering from your injury.
How Much Is My "Permanent Disability" Worth? The amount of compensation you are entitled to depends on the nature of your injury, its effect on your wage earning capacity, and the impairment rating given by your doctor. If anyone with your employer, their insurance company or the State says, "This is all you can get". Get a second opinion!
What Is A Rating For Permanent Impairment? When you have recovered (or reached "maximum medical improvement") your doctor will generally determine whether or not you have some permanent medical impairment. This will, in part, determine what you will be paid for your permanent problems. [Doctors do not always agree on whether someone has a permanent impairment, or how much. Doctors who are approved by a workers' compensation company may believe that you have no impairment, or a small impairment, when another doctor may believe your impairment is much higher.]
Can I Determine What My Claim Is Worth? It is not easy, and if you are handling your own claim, you will probably be dealing with an insurance adjuster who is more experienced than yourself. The adjuster's goal is to minimize the amount paid to you, so take anything said with a grain of salt. There are maximum payments for work related injuries, which are permanent, but a different doctor may evaluate your case much more favorably than the doctor paid by workers' compensation. The question, "How much is my case worth?" is complex enough to consider getting expert legal help.
What Is The Benefit Review Conference? When you reach maximum medical improvement your employer and/or their insurance company may demand a " Benefit Review Conference". During such a conference the employer and insurance company will have representatives present to "negotiate" a settlement that is good for them. If you've been told to come to a benefit review conference, you should have someone with you experienced in worker's compensation. If you go by yourself to a meeting like this, you may be told you are being offered all your case is worth, and feel pressured to "make a deal". Don't agree to any offers until you have had time to discuss the possible advantages and disadvantages with a lawyer experienced in Worker's Compensation. At Phillip Miller and Associates, we do not charge a fee for such consultation, and we see that someone goes with you to the benefit conference who will represent your best interest.
Do I Have To File Suit? If your case is not filed within one year of your injury or one year from the time you knew your injury was permanent, you may lose any right to make a workers' compensation claim. Many workers' compensation claims are settled without filing suit, but filing the case may be necessary to protect your claim. You should consult a lawyer to determine how much time you have left before it is necessary to file suit.
Do I Need A Lawyer To Claim Workers' Compensation?If your injury or illness is serious or if it affects your arms, legs, neck, or back you should talk to a lawyer about your claim. People who handle their own claim often make innocent, but terrible mistakes.
An Attorney Experienced In Handling Workers' Compensation Can Usually: Make sure that you don't lose your benefits due to a miscommunication between the doctor and insurance company
Confirm the insurance company is paying you the correct amount Evaluate the doctors on the panel offered to determine if one might be best for your case
Compare the impairment rating in your case to the rating given by other doctors for the same or similar injuries Evaluate your case for factors which may make it worth more, or less than other cases
Help you evaluate the importance of keeping "future medicals" versus a cash payment for "future medicals" See that you are treated fairly at any "Benefit Review Conference"
Advise you of the possible financial implications of a workers' compensation settlement on social security benefits and other claims
Advise you of the effect of your settlement on your right to ask for additional monies if you lose your job in the future
Structure your settlement so it will not reduce a later award for social security disability Workers Compensation Act: Workers' Compensation is a special law passed by the Tennessee legislature to give workers financial benefits when they are injured on the job (provided their employer has five or more employees). This law does not apply to farm labor, domestic help, state, or public employees. However, state employees are entitled to similar benefits through the State Board of Claims.
Injuries Covered: Any injury, occupational disease, or death, which occurs "out of and in the course of employment", is covered by the law. It does not matter who was at fault in the accident. Covered injuries include broken bones, muscle strains, back and neck problems, loss of strength and/or flexibility, heart problems, diseases related to your employment, and others.
Qualifying For Benefits: If you are injured on the job, you must notify your employer as soon as possible. If the employer doesn't have actual notice of your injury (as might be the case where your supervisor approved you going to the hospital for x-rays) then you must give the employer written notice within 30 days of the injury. You may lose your right to claim compensation if you fail to do this. The safest action for any injured worked is to see that someone files a correct, written report of injury.
The Waiting Period: Your benefits are limited to medical expenses for the first 7 days. If you continue to be disabled and unable to work after 7 days, you can receive retroactive benefits from the date of your injury or illness.
What To Do If You Have A Work Related Injury: Notify your employer of when, where, and how you injured yourself Make sure you get a copy of the papers filled out by the employer, and let them know if there is any mistake
If your doctor says you are unable to work, make sure your employer knows Make sure the doctor knows exactly what is happening to you, don't just say "fine" or "a little better", give the doctor specifics
If you receive notice that any bill is unpaid, contact the workers' compensation insurance company immediately and find out why the bill is unpaid
Everyone you talk to (your employer, the insurance company, or the State) will be taking notes on what you say. Keep your own notes of what happens and your conversations.
Make sure your doctor knows that you want to get back to work as soon as possible. If you have problems after returning to work let your doctor know immediately.
If your employer or co-workers ask when you will return to work, tell them "as soon as the doctor lets me" Can I Afford A Lawyer?
Our policy regarding Workers' Compensation cases is to charge 20% of any amount recovered if and only if we collect on your claim. We do not charge a fee for attending benefit review conferences or for any partial pay you receive while your case is pending. If we collect nothing, you owe us nothing for our efforts.
Because there are so many possibilities in every case, the real question to ask is "Can someone experienced in Workers' Compensation, medical impairment, physician choice, insurance adjusters, litigation and negotiation get 20% or more than I can get on my own?" The answer is frequently "YES".
Phillip Miller and Associates Advances All Costs for Your Claim Until Recovery Is Made: In Tennessee, the law requires all attorneys to hold clients responsible for the expenses required to process their cases. However, we advance the expenses of litigation, including court costs, expenses of investigation, expenses of medical examination, and cost of obtaining and presenting evidence to maximize the value of your claim and reduce financial burdens on you until your recovery is made.
A wrongful death claim is a statutory cause of action that may be brought on behalf of a surviving spouse, children and parents of a decedent to compensate them for the losses they sustained as a result of the wrongful death of their family member. The "wrongful" act that resulted in death may have been intentional, reckless, or negligent as long as it is of the character that would have permitted the decedent to maintain an action for injuries had death not resulted.
Who can file a wrongful death claim? Wrongful death claims may be filed by the surviving statutory beneficiaries or the decedent's personal representative. The surviving statutory beneficiaries include the surviving spouse, children and parents of the decedent.
What are survival actions and who can file? A survival action may be brought to recover damages sustained by the decedent. The decedent's claims for personal injuries arising from the wrongful act that resulted in death are not extinguished by the death. Instead, they survive to and in favor of the estate, heirs and legal representatives of the decedent. Survival actions are typically filed in conjunction with wrongful death claims. If there is a legal representative charged with administration of the estate, the representative is the appropriate person to bring the survival action. If there is no legal representation, all of the heirs may bring the survival action jointly on behalf of the estate.
What types of damages may be recovered in a wrongful death case? Recovery by parents: Parents may recover for the loss of companionship and the society of their child as well as for the mental anguish caused by the death of their child. If the decedent was a minor child, the parents may recover the value of the child's services from the time of death until the date the child would have reached the age of maturity, less the cost of the child's support, education and the maintenance during the period of minority, plus the value of any financial contributions that the child in reasonable probability would have made to the parents after the child reached the age of 18. The parents of an adult child may generally recover the value of future financial contributions that the deceased child in reasonable probability could have been expected to make to the parent.
Recovery by spouse: A surviving spouse may recover damages for loss of companionship and mental anguish caused by the death of his or her spouse. The surviving spouse may also recover financial contributions that he or she would have received in reasonable probability, as well as the financial value of intangible services that the deceased spouse would have rendered in reasonable probability.
Recovery by children: office have the aids needed to show a jury your injuries?
Does the office appear to be well organized? Does the lawyer have support staff to keep things moving when he/she is working on another case?
Is the lawyer successful? Does he or she own or rent the office they occupy? What Questions Should I Ask The Lawyer?How bad is it? Do I have a case? Are there any critical time limits involved in filing a suit?
Do I have to file suit? Wrepresents the Sullivan County Sheriff's Department and works with its Mounted Patrol and Canine Unit programs.He is actively involved in a number of community organizations and is a member of the board of directors of The Crumley House, a rehabilitation center for victims of traumatic brain injury. Mr. Moody is a Kingsport, Tennessee native who lives in nearby Bristol, Tennessee with his wife, Mary Frances
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