Litigation following the flood – The Coming Storm- Nashville Attorney, John Jay Clark, Sr.

As you know, Middle Tennessee was recently hit by what can only be described as the flood of the century. While people in surrounding states may have dealt with this kind of flood in the recent past, this was something we simply were not prepared for. That being said, a big round of applause needs to go out to our local area governmental bodies for responding as they did. More applause needs to go out to the citizens of this great state for standing up and reaching out a helping hand to our neighbors.

Now, the water has all but dried up and we are recovering from the flood.  However, a black cloud is appearing on the herizon; a new type of storm is brewing. That rumbling noise is not the sound of distant thunder, its the sound of a thousand motivated footsteps from the lawyers that are about to descend upon us. WHY?  When there is a disaster, there is litigation. Some of the litigation will be based upon flood damage and whether or not homes were insured as well as many other issues.  Businesses will likely see a rise in litigation in the coming months as many are not able to fill orders, complete projects or fullfill contractual obligations. Some of the things may be covered in your existing contracts.  Others, like the flood itself, were not expected and therefore not adequetly prepared for.

What to do? Well, with everything, preperation is the best offense and defense. Following the flood, many people are reviewing their insurance policies just to make sure they are adequetly covered for future events. This is one of the good effects of an event like this. Businesses need to take a look over their existing contracts and make a plan for emergency preparedness in the future. If you dont have a good lawyer, find one and find one quick. Nothing ruins the flow of your business like a lawsuit. Even if you know good and well you can win, it takes time away from your business and costs money that you may not have at that moment. So, my words of advice to you are this: find a experienced lawyer you trust, develop a relationship and take care of what needs to be taken care of. Your business is your life and its important to have a plan.

If you have been or think that you are about to go down the road toward a lawsuit, be it against you or you against someone else, it pays to have someone help you navigate through the process. Contact a competent legal professional to assist you.

Nashville Flood – Legal Help – John Jay Clark, Sr.

During the aftermath of the Nashville Flood, there are some things that you may forget to do that could have serious negative reprecusions on you later. So, the following is a non-exclusive list of a few things that you should do to make sure that you are protected.

If you recieve child support checks, social security checks or any other type of payment or government benefit on a regular basis and you have been displaced by the storm and/or the flood, you need to contact the agency and let them know where you have relocated, even if it is just a temporary move. Unfortunatly, these bad times breed some bad people and you do not want to lose your money to someone that just happens to find a mail box filled with mail becuase you are absent from your house.

Make sure you file an insurance claim even if you do not think that you are covered. Many federal programs require you to do this before you can qualify for aid.

Find your important legal documents. If they are lost or damaged beyond recovery, contact the appropriate businesses or agencies to get copies sent to you. While an important document is often defined by the person who has it, there are some documents that are essential for you to find or replace.

• The title to your car
• The Deed to your home
• Your drivers license
• Your Social Security Card
• Your Birth Certificate
• Medical records
• Shot and/or immunization records
• Stock and Bond Certificates
• Original Wills and/or powers of attorney or other legal documents (if these have been lost or destroyed they will need to be re-drafted and executed by a competent legal professional)
• Financial Records
• Tax Records
• Military discharge records
• Federal Employment Records
• Immigration Documentation
• Medicare Cards
• TennCare/Medicaid documents

This is certainly not an all intensive list but is intended to be a starting point. If you need legal assistance through this trying time do not hesitate to call upon us at the Gordon Law Group. We are ready and able to assist you with getting past this disaster. While no one ever wants to go through a disaster like the one that took place in Nashville, take this time to make sure that all of your affiars are in order.

What is my Tennessee Workers’ Compensation case worth? – Tennessee Workers’ Compensation Attorney John Jay Clark, Sr.

You were injured at work. You were sent to the doctor by your employer. The doctor now says that he or she cannot do anything more for you, you are as good as you are ever going to be.  NOW WHAT?

In Tennessee the value of your case is determined upon several factors. They are:

• Your Compensation Rate (662/3rd % of your average weekly wage)
• Your Impairment rating if any provided to you by your physician
• Your multiplier (this could range anywhere from 1.5 times your impairment rating to 6 times your impairment rating, depending upon a number of factors)

Understand, these are only the basic factors that enter into the calculation. A number of other factors could have an impact upon your recovery such as any permanent restrictions your physician has given you as aresult of your injury, your work experience, your education, your age and whether or not you are able to return to work…among many many others.

There is really no way for a Tennessee Workers Compensation Lawyer to tell you what your case is worth until they get this information. So, it may take some time to figure out the final valuation of your claim. It is almost always advisable to seek out the assistance of an Experienced Tennessee Workers Compensation Lawyer before you settle with your employer and/or their insurance company. You have to ask the question; my insurance company and my employer has a lawyer to handle this, why dont I? Do not be a victim a second time around, contact an experienced Tennessee Workers Compensation Lawyer to assist you with the process.

Car Accidents and the Insurance Company – Continued – John Jay Clark, Sr. Nashville Tennessee Accident Attorney

Almost immediatly after posting my last blog on car accidents and insurance companies, I recieved a call from an individual that went something like this

“I was in an accident a couple of months ago, the inusrance company called me and is offering me money to settle my claim. I dont have a lawyer, but I could really use the money right now. Should I go ahead and settle?”

The general answer to this is NO! Why not? Well, you have to ask the question; do you think they are offering you what your case is worth? In most cases the answer to that is NO as well. Insurance companies are businesses just like your local mechanic or dry cleaner. They exist becuase they make or save money. SO, if they are offering you something you can pretty much guarantee it is not what your case is really worth.

My advice to the caller and my advice to anyone approached with this situation is tell the insurance company you will think about it and then contact an experienced Tennessee Personal Injury Attorney to assist you with the process. The time it takes for you to make a few extra phone calls could save you from making a very expensive mistake.

Car Accidents and the Insurance Company – Nashville, Tennessee Personal Injury Lawyer John Jay Clark, Sr.

If you drive a vehicle long enough, sooner or later, you will likely be involved in a car accident. If you live in or around the Nashville area, your chances are probably higher. Blame it on our casual southern temperment or the fact that we southerners seem to have an affliction everytime it rains or, god forbid, snow! Nontheless, accidents happen.  Just becuase you have been the victim of a car accident does not mean that you are entitled to a huge verdict. However, if you have been injured becuase of the negligence of another driver, it is important to know your legal rights. Understand that in Tennessee drivers are supposed to have insurance, but this is not always the case.

If you have been injured as a result of another drivers negligence and that other driver had insurance, chances are you will be contacted by an insurance company representative soon after the accident. Understand that what the adjuster or representative is trying to get from you is information. Most normal people aren’t whiners. Most people when asked the question…”how are you doing”…will respond with “good” or “pretty good” or some like phrase. Again, blame it on our southern sensibilities or our raising not to complain. When that question is asked by an insurance adjuster, be aware, they will use your casual response against you at a later date.

Unfortunatly, injuries that arise from accidents dont always appear at the moment the accident happens. In fact, sometimes it takes days and weeks for the extent of you injury to make it self clear. That which feels like a simple back ache may turn out to be something far more severe.

The sum and substance of this is be wary of making any comments to an insurance company representative or adjuster without first seeking the guidance and counsel of an experienced Tennessee Personal Injury Lawyer. That which seems like casusal conversation may very well keep you from obtaining the damages you are rightfully entitled to.

Nashville Personal Injury Law/Auto Accidents How long do I have to file suit in Tennessee?

Over the years I have encountered a number of people with questions ranging from the mundane to the intense regarding auto accident cases. However, a recurring question that I am asked is; how long do I have to file my lawsuit? With that question I usually have to follow-up with a question; is it a bodily injury claim or a property damage claim?

The simple answers to these questions is as follows:

In Tennessee a party has One (1) year to file suit for personal injury and/or bodily injuries arising from the negligence of another person.

In Tennessee a party has Three (3) years to file suit for property damage caused by the negligence of another person.

Of course, as with any area of the law there are some exceptions to these rules.

It is always advisiable to seek out the assistance, guidance and advice of a competent legal professional when you have questions regarding any type of legal issue.

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