Governor HaslamTells Brain Injured Tennesseans Their Injuries are not Catastrophic and Tells Tennessee Voters They are Stupid and Must be Controlled from Nashville
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Home > Legal Issues > Governor HaslamTells Brain Injured Tennesseans Their Injuries are not Catastrophic and Tells Tennessee Voters They are Stupid and Must be Controlled from NashvillePosted on June 19, 2011 by Morgan Adams
Governor Haslam has signed a law that states that non-economic damages should be capped in injury (tort) cases In Tennessee at $750,000 in most cases. Now in Tennessee juries are trusted to sentence a man to death, but apparently they are not trusted by the Governor to determine the proper amount of compensation for victims of someone else's wrongdoing in an injury case. There is not even a "three strikes and you're out" rule for really bad people and corporations that are repeat offenders!
Whether you agree or disagree with jury limits doesn't really matter, as the Tennessee Legislature and Governor Haslam can pass whatever legislation they want, and apparently they wanted to limit the amount of non-economic damages that can be received from someone injured by a wrongdoer. The new law is flawed in several aspects in my opinion.
First there is the hypocrisy in allowing "unlimited" damages against those that commit intentional acts. That sounds great but the Governor and legislators know that NO INSURANCE POLICY IN TENNESSEE WILL PAY FOR AN INTENTIONAL ACT. It is EXCLUDED from the policy. Thus an an injured victim will likely get less money, not more, if you prove the defendant acted intentionally. It sounds good on a stump speech, but in reality this section of the law gives nothing and takes away everything form the injured. The Governor could have easily required insurance companies to cover these acts, but chose not to do so.
The second level of the legislature's and Governor's hypocrisy is that juror's WONT BE TOLD that there are limits in place. They believe that they helped someone, when in reality the government took it away and made them sweat out determining the amount of non-economic damages above $750,000 in the jury room for NO PURPOSE.
The final part of this tragedy is that the Governor will allow some catastrophically injured Tennesseans to receive more than others. There is a special category for "catastrophic loss," which would raise the cap for non-economic damages in cases involving serious spinal cord injuries, severe burns, some severe multiple amputations, or the death of a parent of minor children. Now this new law excludes parents of adult special needs children, children taking care of the elderly (don't worry, they can go to a state run nursing home), victims with brain injuries, twenty year olds who have to wear diapers, or a bag, to catch excrement and waste fluids, chronic pain, etc...
Shouldn't we let a jury, on a case by case basis, decide if these cases are catastrophic after hearing the all facts? Shouldn't we let a jury decide that if you kill enough Tennesseans, you are going to get put out of business? Do parents taking care of special needs adult children, really deserve less than parents taking care of minor children? The Governor and legislature chose to take away these choices from the jury. Some Tennesseans are now more different than others and none of us are as special as corporations.
Many of my clients are brain injured, and catastrophically so, even if they are able to walk and talk. Their lives, as they knew them prior to the wreck, are over. In many case their personalities have changed. They died, but their life goes on. I find it arbitrary, and frankly an abuse of power, that the Governor has decided who can be catastrophically injured in advance of knowing all the facts. That Nashville knows better than a jury of 12 Tennesseans. I guess I trust the people of Tennessee more than those in office now. Voter's of Tennessee, your governor and your legislature just called you too stupid to do what is right in a jury box. (they also called the Judge, lawyers in the case, the Courts of Appeal and the Tennessee Supreme Court too stupid to get it as well, but hey, they were on a roll.) Voters you need to remember this come November.
WRONGFUL DEATH PROCEEDS IN TENNESSEE
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Posted on August 2, 2011 by Morgan Adams
I have been asked by families (and defendants) where the money in a wrongful death case goes in Tennessee. In Tennessee the wrongful death proceeds are distributed under the laws of intestate succession. Kline v. Eyrich, 69 S.W.3d 197, 202 n.3 (Tenn. 2002).
The proceeds of a wrongful death case, unlike an injury case, pass free of creditors' claims. Tenn. Code Ann. sec. 20-5-108(b) and 20-5-106. Foster v. Jeffers, 813 S.W.2d 449 (Tenn. App. 1991).
Tennessee Code Section 31-2-104 sets out the rules for intestate (dies without a will) succession:
(a) The intestate share of the surviving spouse is:
(1) If there is no surviving issue of the decedent, the entire intestate estate; or
(2) If there are surviving issue of the decedent, either one-third ( 1/3 ) or a child's share of the entire intestate estate, whichever is greater.
(b) The part of the intestate estate not passing to the surviving spouse under subsection (a) or the entire intestate estate if there is no surviving spouse, passes as follows:
(1) To the issue of the decedent; if they are all of the same degree of kinship to the decedent they take equally, but if of unequal degree, then those of more remote degree take by representation;
(2) If there is no surviving issue, to the decedent's parent or parents equally;
(3) If there is no surviving issue or parent, to the brothers and sisters and the issue of each deceased brother and sister by representation; if there is no surviving brother or sister, the issue of brothers and sisters take by representation; or
(4) If there is no surviving issue, parent, or issue of a parent, but the decedent is survived by one or more grandparents or issue of grandparents, half of the estate passes to the paternal grandparents if both survive, or to the surviving paternal grandparent or to the issue of the paternal grandparents if both are deceased, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take by representation; and the other half passes to the maternal relatives in the same manner; but if there is no surviving grandparent or issue of grandparent on either the paternal or maternal side, the entire estate passes to the relatives on the other side in the same manner as the half.
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Tennessee Truck Accident Lawyer Elected to National Traumatic Brain Injury (TBI) Board
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Posted on July 18, 2011 by Morgan Adams
One of the most common injuries for survivors of a truck accident is a Traumatic Brain Injury (TBI). These are actually traumatic brain damage cases because people don't get well from these injuries. As a result of handling large numbers of these cases for clients I have developed a sub-specialty in the area of TBI. Recently my hard work paid off and I was elected to the Board of the American Association for Justice's Traumatic Brain Injury Litigation Group (TBILG). This is the largest group of lawyers in the country representing those injured through the negligence of others. I look forward to helping other lawyers across the country handle these cases.
Some facts have become apparent in these cases :
ER doctors don't focus on TBI injuries because they wont kill you immediately, and that is all the ER doc is concerned about.In Mild Traumatic Brain Injury (MTBI) cases family members are in the best spot to determine the extent of the injury and the changes to the victim.A loss of consciousness is not needed in order for a TBI to occurI highly recommend that anyone that believes they, or a loved one, has a MTBI or a TBI, review the government's Center for Disease Control website and publications on TBI's. The government website can be found HERE.
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BANKRUPTCY LIABILITY OF WRONGFUL DEATH REVENUE ACCRUING IN TENNESSEE
I was asked by families (and defendants), where is the money in a case of wrongful death in Tennessee. In Tennessee, wrongful death, proceeds will be distributed according to the laws of the questions of legal succession. Kline v. Eyrich, 69 s.w.2d. 3d 197, 202 n. 3 (Tennessee 2002).
The proceeds of a wrongful death case in contrast to a violation of pass case free of claims of creditors. Tennessee code Ann sec. 20-5-108(b) and 20-5 106. foster v. Jeffers, 813 form 449 (TN, CA, 1991).
Tennessee code section 31-2-104 lays down the rules for succession Erbengemeinschaften (dies intestate):
(a) which is the surviving spouse, intestate:
(1) If there no survivors output of the deceased, the entire property intestate; or
(2) If it output of the deceased, either a one-third (1 / 3 are survivors) or a child share of the entire intestate estate, the greater.
(b) the part of the intestate, the surviving spouse under subsection (a) or the entire property without testament not passed settlement on when there is no surviving spouse as follows:
1) On the question of the verstorbene; If they all just take them the same degree of kin are deceased, but if the unequal degree, then the more remote degree by representation;
(2) If there no survivors problem on the deceased parent or parents alike;
(3) Where there is no survivor problem or parents, to the brothers and sisters, and the question of the individual deceased brother and sister of representation; If not take it surviving brother or sister, you the issue of brothers and sisters of the presentation; or
(4) If there is problem, parent or a parent issue, but the late is no survivors survived by half of the property is one or more grandparents or question the grandparents, grandparents or the question of paternal if both survive to the survivors of the paternal grandparents of the grandparents, if both deceased, are under the problem as well, if they are all the same degree of relationship, the deceased are, but if the unequal degree the more remote degree of representation; take and the other half passes the maternal relatives in the same way; But if it passes no survivors grandparents or question the grandparents on the paternal or maternal side, the entire property the relatives on the other hand the same way as the half.
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Tennessee truck accident lawyer in national traumatic brain injury (TBI) Board of Directors elected
One of the most common injuries for survivors a truck accident is a traumatic brain injury (TBI). These are actually traumatic brain injury cases, because people not good from getting these injuries. Due to the handling of large numbers of such cases for clients I've developed sub specialty in the field of the TBI one. Recently, my hard work paid off, and I was for Justice traumatic brain injury litigation group (TBILG) the Board of Directors of the American Association elected. This is the largest group of lawyers in the country, which is injured by the negligence of the other. I look forward to help other lawyers to handle these cases throughout the country.
Some facts have become clear in these cases:
ER doctors focus injuries not on TBI, because they kill you immediately, and that's all what is worried ER doc.In mild traumatic brain injuries (MTBI) are members of the family in the best place to determine the extent of the injury and the changes to the Opfer.Ein loss of consciousness is not required for a TBI occurI recommend that anyone who believes that they or a loved one, check the Government has a MTBI or a TBI Center for disease control website and publications on the TBI's. The Government site here.
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Governor HaslamTells brain injured people their injuries Tennessee not fateful and told voters they are stupid are and must be controlled from Nashville
Governor Haslam has signed a law that says that non-economic damages in injury (tort) in Tennessee at $750,000 in most cases should be limited. Now in Tennessee, juries are trusted so that you have a to condemn a man to death, but apparently they are not trusted by the Governor, other misconduct in the case of a breach to determine, the right amount of compensation for victims of someone. There is not even a "three strikes and you are out" rule for really bad people and companies, are the repeat offenders!
Whether you agree or disagree with jury borders doesn't really matter, such as the Tennessee legislature and Governor Haslam which legislation passed they want, and they can non-economic damages that injured can be received by someone from a wrongdoer apparently wanted the limit. The new law is flawed in some respects my opinion.
There is first the hypocrisy in so that the intentional acts to "unlimited" damages against those. The Governor and legislature sounds great, but, that number will pay insurance policy IN TENNESSEE for an intentional act. It is excluded from the directive. So a an injured victims probably receive less money no longer, if you prove the defendant willfully traded. It sounds good on a speech stump, but in reality in this section of the law, nothing is, and everything takes form the injured. The Governor could have easily need to cover these acts of insurance companies, but decided not to do.
The second level of the legislature and the Governor is hypocrisy, juror wont be said that there are limits. They believe that they helped someone, when in reality the Government took it on and they sweat made non-economic damages of 750,000 in the jury room of determining the amount no. purposes.
The last part of this tragedy is that the Governor more than others receive allows some catastrophically injured people. There is a special category for "catastrophic loss", which some serious cross-cutting problems, severe burns, the CAP for non-economic damages in cases where serious multiple amputations or the death of a parent of minor children would increase. Now, this new law includes the parents of adult special needs children, children takes care of older people (don't worry, they can go, perform a state nursing home), victims, chronic pain, etc. Hirnverletzte, twenty-year-old, the diapers or a bag to catch, faeces and waste wear...
Let should not we decide a jury, on a case by case basis, whether these cases are disastrous after hearing all the facts? Let should not we choose a jury, that when you kill enough people, you are out to get out of business? Parents have under the supervision of disabled adult children, really earn less than parents take care of minors? The Governor and the legislature chose to take these decisions of the jury. Some people are now more than any other different and company are none of us something special.
Many of my clients are injured, brain and disastrously so, even if they are able to walk and talk. Their lives, they are as in they knew to the wreck, over. In many cases, their personalities have changed. She died, but their life goes on. I think it is arbitrary, and honest said an abuse of power that the Governor has decided, in the run-up to know all the facts can be catastrophically injured. The Nashville knows better than a jury of 12 further. I guess I more than that in the hope the people of Tennessee now. Voter's Tennessee, just referred you to do your Governor and your legislature, what correctly in a jury box is stupid. (it is also as judges, lawyers in the case of the courts of appeal and the Tennessee Supreme Court too stupid, get it also, but hey, they have been on a roll.) Voters, they must come November.
