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Sevierville Legal Blog


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"The bottom line is to submit the medical bills from your car accident case to your group health insurance carriers for immediate payment."

Supreme Court Says That the States Can't Keep Stealing Your Stuff

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Supreme Court

In a rare unanimous opinion from our United States Supreme Court, they have limited the ability of law enforcement agencies to seize property and vehicles from citizens charged with various crimes. Tennessee law currently authorizes the seizure of vehicles from individuals who use that property or vehicle to commit arson, identity theft, drug activity (manufacturing, buying, or selling), driving on a revoked license, or a host of other alleged crimes. Once that asset was seized, the individual whose property was taken would be given notice of a hearing, called a civil asset forfeiture hearing, at which the individual would be able to appear and contest the seizure. Very often, lawyers such as myself would argue that the seizure of the property would amount to an unconstitutional taking of property without due process or that the seizure itself was an excessive fine prohibited by the Constitution, as I argued successfully in this seizure case, getting my client's car returned to her.

Sleep deprivation makes drivers dangerous

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Did you get enough sleep last night? The odds are that you didn't. In today's society, getting a full night's sleep feels like a luxury.

The experts say that adults need at least seven hours of sleep a night in order to function properly the next day. If you are one of the lucky ones who gets this much sleep, you may be alert enough to watch out for the drivers who didn't and are sharing the road with you.

Does Tennessee "Red Flag" Bill Allow Police to Take Guns Without Due Process?

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The right to due process is so important to the enjoyment of American freedom that its genesis dates back to the Magna Carta and was explicitly guaranteed to citizens not once, but twice, in the United States Constitution. The Fifth Amendment to the United States Constitution guarantees that the federal government cannot deprive you of "life, liberty, or property without due process of law" and the Fourteenth Amendment prohibits the individual states from doing the same. Tennessee may do just that with the introduction of House Bill 1049 / Senate Bill 943, which is being called the "Families Know First Act" (let's call it the FKFA for convenience) but is in reality a bill that gives carte blanche to law enforcement to seize a person's firearms and ammunition should that person be deemed an "extreme risk" by law enforcement.

Should I sign an Authorization to Release Medical Records from the Insurance Company in my Car Accident Claim?

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Authorization For Release Of Health Information

If you have been injured in a car accident and are dealing with the at-fault driver's insurance company, then chances are the adjuster handling your claim has asked you to sign an Authorization to Release Medical Records. On it's face, it seems like a good idea to go ahead and sign the authorization- You have to get the records and bills anyway, right? Why not let the adjuster do the work for you? The insurance adjuster will make it sound like he needs them to pay you what you are entitled to. Unfortunately, this is far from the real truth of why he wants your medical records.

No, the Insurance Adjuster is not your friend.

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  1. The adjuster is not your friend. Seriously, they're not.

The more significant the damages are in your car accident case the more likely it is that the adjuster contacting you will act like your friend-- at least at first. If the adjuster believes the value of your injury claim is below $5,000.00, they are more likely to be rude and abrupt. (Many of my clients relay in our initial consultation that the adjuster handling their claim actually hung up on them more than once.) If an insurance company perceives that they have a significant loss exposure, the adjuster is most likely going to establish rapport with you and will seem helpful and fair at least until they start talking about money.

Top 5 Questions You Need to Ask Your Doctor After a Car Accident

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Your life can be turned upside down after a car accident. You're likely to be without transportation, without guidance on insurance coverage for your injuries, and out of work without the funds to seek medical treatment. Despite the obstacles you face it is imperative that you seek medical treatment immediately. Most importantly, seeing a doctor immediately after a car accident protects your health. Seeking immediate medical treatment for your injuries also helps set up the foundation you have to have to be fairly compensated for your car accident claim. Once you've established a treatment plan with a physician, the next step to receiving fair compensation for your injuries is to ask your doctor the right questions, including the severity of your injuries and how long you're going to be out of work.

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Part Two: I Am Getting Pulled Over, What Do I Do?

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pulled over

How Much Have You Had to Drink?

One of the most common misconceptions that ordinary citizens have about police officers is that they are somehow duty-bound to be honest and straightforward with you during your interaction. I have often had clients arrested based on the work of an undercover officer who come to my office in bewilderment demanding to know why the officer was able to lie to them, even when asked directly if he or she was working in an undercover capacity.

Should I Accept a Settlement Offer from the Insurance Company?

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After a car accident, you may be concentrating on healing from your injury. The insurance company may be resolving your case. The at-fault driver's insurance adjuster will contact you to take a statement and discuss details of the collision. You should speak with a Sevierville, Tennessee personal injury attorney before you talk to the insurance company. The insurance company will likely contact you to offer you a settlement check before you even complete medical treatment for the injuries you received in the car wreck. Don't make a rash decision and accept a settlement that doesn't fairly compensate you for your damages related to the car accident.

Tennessee Auto Insurance Declarations Page Explained

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If you have recently been in a car wreck it's important to understand the different types of coverage you have available under your Tennessee Auto Insurance Policy. Either you've paid for insurance for years and now you finally need to use it, or you want to know about the insurance for the person who caused the wreck and your personal injuries. Most injury victims involved in a car wreck think there are two types of auto insurance: liability insurance or "full coverage." But what is full coverage, exactly? It's actually not even a thing. It's a made-up phrase that refers to a combination of different types of insurance coverage.

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