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Morton & Germany, PLLC
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What Is the Definition of a Personal Injury that Entitles the Claimant to Compensation? - There is a likelihood that at some point in your life you will be involved in a personal injury accident. Although we commonly use the term “personal injury accident”, the reality is that more often than not it was not an accident that caused the victim’s injuries but the negligent acts or omissions of a another party.  If you find yourself the victim of one of these “accidents” you will undoubtedly want to know the definition of a personal injury accident in order to determine if you are entitled to for your injuries. Only an experienced Tennessee personal injury attorney can evaluate the unique facts and circumstances of your case and provide you with a guidance as to whether you are entitled to compensation; however, a basic understanding of personal injury law may be beneficial in the meantime. “Torts” is the area of the law that addresses injuries to people or their property. What we refer to as “personal injury accidents” fall under the area of tort law. Tort

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Who Can Sue for Wrongful Death in Tennessee? - The death of a loved one is difficult to accept under any circumstances. If you believe that the death could have been prevented, accepting the loss is even more difficult. In the State of Tennessee, the law allows certain survivors of a “wrongful death” to pursue a claim for damages based on the wrongful conduct of another party. If you have lost a loved one to what you believe to be a wrongful death you need to know who can sue for a wrongful death in Tennessee in order to know if you may be entitled to compensation for your loss. Clearly, no amount of compensation is worth losing a loved one. The purpose of a wrongful death lawsuit, however, is to ease the financial burden that typically befalls the family of a victim of a wrongful death. In addition, by pursuing a wrongful death lawsuit you ensure that the party who caused or contributed to the death of your loved one is held accountable. Tennessee Code Annotated Section 20-5-106 is where Tennessee’s definition of “wrongfu

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What Is the Standard of Care Used for Medical Malpractice Lawsuits? - When you seek care from a healthcare professional you undoubtedly expect to leave the professional’s office better off than when you went in. Unfortunately, that does not always happen. Sometimes, a doctor or other healthcare professional commits a medical error, causing injury to a patient. When that happens, the patient may be entitled to compensation for those injuries through a medical malpractice lawsuit if the patient can prove that the healthcare professional was negligent or intentionally harmed the patient. If you have been injured by a healthcare professional and choose to pursue a medical malpractice lawsuit, one term you will likely hear used throughout the course of litigation is the “standard of care”. As a victim, you should have a basic understanding of what is meant by the standard of care used for medical malpractice lawsuits. Tort law is the area of the law that allows a victim to seek compensation for injuries to the victim’s person or property. Medical mal

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What is the Difference between a Secured, Unsecured, and Under-Secured Creditor? - In the United States a debtor who has fallen on hard times may turn to bankruptcy for relief from debts. A chapter 7 bankruptcy allows a debtor to discharge certain types of debts, meaning the debtor will not need to pay those debts. Certain types of debts, however, cannot be discharged. If the debtor files under any of the other chapters the debtor will be expected to repay most debts but over an extended period of time. The extent of the debt that is repaid to a creditor will depend on the creditor’s status. If you are a creditor you need to understand the difference between a secured, unsecured, and under-secured creditor. The U.S. Bankruptcy Code is divided into chapters. The various different types of bankruptcy proceedings available to debtors are found in the chapters of the Bankruptcy Code, which is why we refer to a bankruptcy as a “Chapter 7” or “Chapter 13”, for example. Chapter 7 is referred to as a “liquidation” because the bankruptcy Trustee may, among othe

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Defending Your Tennessee DUI Charges - Defending Your Tennessee DUI Charges from Jeffrey Germany The chemical test results – the results may be an area of defense given the numerous things that can go wrong when administering a chemical test. Learn more about Defending Your Tennessee DUI Charges this presentation.

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What Are Creditors’ Rights? - In the United States, a debtor facing financial difficulties often has a number of options for relief, up to and including filing for bankruptcy protection from creditors. What about creditors, though? Fortunately, many of the same laws and procedures that protect debtors may also be used to protect creditors’ rights. However, a creditor is often required to act quickly and decisively in order to protect its rights when a debtor defaults. Because of the complexity of many of the debtor and creditor laws it is always best to consult with an experienced Tennessee creditors’ rights attorney if you are concerned that your investment it as risk because of a debtor’s financial problems. As a creditor you should also have a basic understanding of what creditors’ rights are and what you need to do to protect yours. As a creditor, you make money by loaning money, or renting or leasing property, to other people or entities. Of course, you only make money if the debtor pays in a timely m

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What Are Some Common Types of Construction Defects? - While some people prefer to purchase an older home because of the “character’ a pre-existing home often has, others prefer to walk into a brand new home that was designed and built to their specifications. If you fall into the latter category, you will likely find that building your own home can be both exciting and nerve-racking. Once your home is complete, you will have the opportunity to inspect the home for defects. It helps, of course, to know what some common types of construction defects are so you know what to look for during your inspection. During the construction of a home, just about any type of defect can occur. However, there are some defects that occur more often than others, including the following: Structural – structural defects are more common than people think and are certainly among the most serious and difficult to fix defects. A structural defect could mean that the home was not built according to the engineer’s specifications or could mean that inferior

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Do I Have a Medical Malpractice Case? - Stated simply, medical malpractice refers to professional negligence by a health care professional or provider in which treatment provided was substandard and caused harm, injury or death to a patient. Typically, medical malpractice is due to negligence by a healthcare provider. It might include medication overdoses, surgical errors or other medical errors that could have been prevented. It levels the playing field for patients who received subpar medical attention and helps ensure they receive fair compensation because of that subpar treatment. There are standards for medical malpractice that must be met; each state has its own laws. Medical Malpractice not a Sure Thing One of the bigger misconceptions is the belief that a doctor, nurse or even hospital is liable for anything that may have gone wrong during the course of a patient s medical treatment. The fact that a patient experiences a bad outcome isn’t always proof of medical negligence. Healthcare providers are only legally

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Medicaid and Medical Malpractice in the U.S. - In the legal field, one of the more challenging practice areas for attorneys is the medical malpractice lawsuit. In fact, many lawyers are hesitant to even consider these types of cases because of the unique – but powerful – resources available to insurance companies, hospitals and other defendants. Pro Publica published new findings earlier this year that revealed 9 out of 10 patients seeking a medical malpractice attorney will not find one. But what about the elderly and the disabled? Where does Medicaid factor into medical malpractice cases, when and if those cases make it to a courtroom? And if so many legal firms are hesitant to take these cases, where can you and your family turn for solid legal representation? Assets and Medicaid Medicaid has a five year look back period that it uses to ensure an applicant isn’t hiding assets in order to qualify for coverage. Typically, those who were hurt in an accident or were victims of medical malpractice receive substantial monetary

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What Is the Standard of Care? - The number of injuries and deaths each year that are attributable to a medical error is shocking. If you, or someone you love, have been injured as a result of what you believe to be a medical error you may have the basis for a medical malpractice lawsuit. Medical negligence, however, is a very specialized and complicated area of the law.  Not all errors committed by a healthcare professional rise to the level of negligence. When determining if a healthcare professional has committed an act, or omission, that is compensable to the victim one factor that must be considered is the “standard of care”. Doctors, nurses, and other healthcare professionals are human, meaning they are not perfect. Unfortunately, when a healthcare professional makes a mistake the consequences can be catastrophic for the patient. For this reason, healthcare professionals are held to a higher standard of care than the average person when performing their job. The law expects a healthcare professional to use
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