FAQs About Suing My Child’s School

Personal Injury Lawyer

Was your child injured, bullied or harmed in some way at school? You may be wondering if you can sue the school, teacher, staff or parents of another child. If you’re like most people, you don’t have a lawyer on retainer. So our experienced team of lawyers created this document to answer some of the most frequently asked questions parents may have if their child has sustained injury at school.

A lot can happen on the playground, and kids can get hurt. It’s normal and to be expected. That’s why many states have laws prohibiting lawsuits against schools for student injury. But when does it become a matter of negligence or intentional harm?

Here are answers to some of the most frequently asked questions we receive from new clients:

  • Can I sue if my child was accidentally injured at school? Possibly, if you can prove negligence on the part of the school or school officials caused the harm to your child.
  • Can I sue if my child was emotionally injured at school? Did a teacher or school
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Why You Need an Attorney During Estate Litigation After a Loved One Passes

Estate Planning Lawyer Memphis, TN

Estate litigation often involves disagreements between family members of the testator regarding legitimacy, or what is included in the will. An attorney understands just how painful this can be, especially when family members are trying to grieve the loss of their loved one. They will do what they can to answer any questions you have, and represent you during the case if needed.

Here are just a few examples of the types of questions estate planning attorneys hear during consultations with clients regarding estate litigation:

What does it mean for someone to have the mental capacity to write a will?

A person who creates a will must be aware of the extent of their assets and be able to identify beneficiaries. A family member that believes the testator was not of sound mind when he or she wrote the will, may come forward to request estate litigation.

If the testator had a mental illness, is that the same as mental incapacity?

If a person has a mental illness, this does not necessarily mean they are Read the rest

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Estate Planning with a Personal Injury Settlement

Memphis Estate Planning Lawyer

Winning a personal injury lawsuit or receiving a personal injury settlement is great. Whatever your accident and injuries, the lawsuit or settlement will greatly help you in your recovery process.

But it can impact your estate planning in many ways.

Medical Expenses

Depending on the severity of your injury, your current and future medical expenses could be costly. Your settlement will help with those costs. You need to be certain your settlement properly accounts for your medical expenses or your settlement funds could be improperly categorized as income to you. Not only will this decrease the amount of money you’ll have for your medical expenses, it will also increase the amount of tax you owe as your income will be greater. This is where the skill of an experienced estate planning attorney can greatly assist you.

Taxes

As discussed above, the size of your settlement could increase your taxes. This is important to consider when creating your estate plan so you minimize your tax liability. Your personal injury settlement is there for your recovery and your Read the rest

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Free money! (Seriously, it’s true!)

Free money! (Seriously, it’s true!)

Literally millions of dollars in unclaimed money gets deposited with the State each year.  And some it may have your name on it:

  • an old utility deposit you forgot about
  • a lease deposit that was never refunded
  • a mileage check from an old job that never got cut

This is referred to as “unclaimed property,” and by law the holder of the funds property must turn it over the State along with information about the name last know address of the owner.  They CANNOT keep the property, but turning it over to the State allows them to avoid the hassle of having to track you down.

The good news:  the state has a website where you can do a simple name search and then claim your property at no cost to you.  Try it out — enter your name, your family members’ names, friends, etc.  We’ve had plenty of friends and clients who’ve found a few hundred dollars here and there.  Give it a shot and then use the comment section to let us … Read the rest

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Tennessee Awards of Alimony in Divorce

Tennessee Awards of Alimony in Divorce

Alimony is a legal obligation to pay a spouse or former spouse support. A court may require payments of alimony or spousal support on a temporary or permanent basis, during a divorce proceeding or after the divorce is granted. In addition to the monthly amount and length of term of payments, the type of alimony is very important. There are four types of alimony in Tennessee: alimony in futuro (also called periodic alimony), transitional alimony, rehabilitative alimony, and alimony in solido (also called lump-sum alimony). The type of alimony dictates whether the award may be modified after the divorce and under what circumstances the alimony obligation terminates.

Alimony in futuro (aka periodic alimony)

As a general rule, alimony in futuro (or periodic alimony) is a long-term alimony award when there is a significant disparity in earnings and wealth, and when rehabilitation is not possible. Tennessee law says that alimony in futuro will be owed when the person receiving support cannot expect to have a standard of living comparable to that enjoyed during the marriage.

Alimony … Read the rest

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Tennessee Fraudulent Transfers to Avoid Creditors

Tennessee Fraudulent Transfers to Avoid Creditors

Pursuant to the Tennessee Uniform Fraudulent Transfer Act, creditors can seek to set aside certain fraudulent transfers. Creditors must prove that a fraudulent transfer occurred through actual fraud or constructive fraud.

Actual Fraud

Under the actual fraud statute, a plaintiff must prove that the transfer was made “with actual intent to hinder, delay, or defraud” a creditor. In determining actual intent to defraud a credit, the statute lists eleven (11) factors that may be considered. Those factors are:

(1) The transfer or obligation was to an insider;
(2) The debtor retained possession or control of the property transferred after the transfer;
(3) The transfer or obligation was disclosed or concealed;
(4) Before the transfer was made or obligation was incurred, the debtor had been sued or
threatened with suit;
(5) The transfer was of substantially all the debtor’s assets;
(6) The debtor absconded;
(7) The debtor removed or concealed assets;
(8) The value of the consideration received by the debtor was reasonably equivalent to the
value of the asset transferred or the amount of … Read the rest

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Truck Driver Sentence for Horrific VA Crash

Auto Accident Lawyer

A food truck driver has been sentenced to 11.5 years in prison for his role in a Virginia crash that took the life of a local woman, reports NBC Washington.

On September 8, 2017, Tony Dane was driving a school bus that had been converted under the banner of his business, Dane’s Great American Hamburger, in Leesburg, Virginia. At close to 5:00 pm, Dane ran a stop sign and hit an Audi station wagon that was being driven by 39-year-old Erin Kaplan. She was killed, and her passengers – her mother, her teenage son and her two daughters – were also injured in the accident.

According to first responders, the family’s Audi was trapped underneath the ten-ton school bus. A wrecker had to be brought in to get the bus off of the car. It took emergency workers three hours to free the family from the twisted frame of their automobile, but unfortunately, Erin Kaplan was pronounced dead at the accident site. Given the devastating scene, Kaplan’s family members were lucky to survive.

Dane was injured in Read the rest

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Workers Compensation and Back Injuries

Workers Compensation and Back Injuries

If you suffered a back injury while on the job, you’re already aware that back injuries can be extremely painful. They can also make it impossible to perform even simply tasks such as tying one’s shoes or cooking. It can also make it impractical to return to work. A workers compensation lawyer is very familiar with this scenario, and it is one that is all too common. If you sustained a serious injury at work, a lawyer may be able to help you get a settlement which can replace your lost income and pay for all of your injury-related costs.

Workers Compensation Benefits

In a perfect world, every worker who sustains any kind of injury receives sufficient benefits from workers compensation to pay for all of their lost wages and accident costs such as medical care. However, that rarely happens. In fact, workers compensation does not pay you your full wages, even if you are unable to work because of a work injury for which you were not at fault. This can be unfair, and Read the rest

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No estate plan: a lesson from the extraordinary life of Aretha Franklin

No estate plan: a lesson from the extraordinary life of Aretha Franklin

It’s been widely reported that Aretha Franklin, The Queen of Soul, died without any sort of Estate Plan leaving many people wondering: “Why would someone so successful not have a financial plan in place?”  We should all pause and THINK about what we’re trying to do with our assets after death.

Unfortunately, it is fairly common for people to die without even the simplest form of an Estate Plan.  Even tremendously successful individuals like Prince and Aretha Franklin have made this mistake.  While Prince and Aretha Franklin certainly have more complex financial affairs than most of us, Estate Plans are not just for rich people.  In fact, a basic plan can be relatively inexpensive, especially when you consider the potential legal fees and costs which arise when there is no plan at all.

WHY HAVE A WILL OR ESTATE PLAN?

Whether we are meeting with potential clients or giving estate planning seminars, we always stress the importance of having an estate plan in place no matter how simple … Read the rest

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Workers Compensation Attorney

Workers Compensation Lawyer

Being injured at work can cause anxiety, stress, and confusion. You might wonder what will happen while you recover from your injuries? How will you cover your medical bills and expenses? What about your job; will you be fired?

As a workers compensation attorney, we understand your concerns and would like to explain your legal rights and options to you during a free and confidential consultation. Lawyers help injured workers get maximum compensation for claims including:

  • Temporary disability
  • Total permanent disability
  • Loss of limb
  • Loss of eyesight
  • Loss of hearing
  • Neck, spine, or back injuries
  • Head injuries
  • Broken bones
  • Torn muscles and ligaments
  • Lacerations
  • Burns
  • Wrongful death
  • + More

We know that your job and injury could have you anxious, and you’re scared about what the future holds. Rest assured as a workers compensation lawyer, we will work tenaciously to ensure your claim gets approved and you receive compensation that covers your living and medical expenses.

Workers Compensation Benefits

Every state has workers compensation laws that allow workers who have been injured on the job to recover Read the rest

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