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Knoxville Personal Injury And Disability Blog

Injury symptoms not always immediately apparent

As you recover from your car accident, you may rely on others to assist you in your daily needs, especially if your injuries were moderate to severe. Hopefully, doctors have given you a hopeful prognosis for achieving a full recovery; also hopefully, you can collect benefits at work to help make ends meet while you're away from your duties. On the other hand, this description typically applies to a best-case scenario, and more often than not, accident recuperation doesn't always go as planned. 

Your injuries may be worse than you initially thought, perhaps because your full range of symptoms didn't immediately surface. This is often the case concerning mild traumatic brain injuries. You may have bumped your head upon impact when a drunk driver slammed into the side of your car but thought rest and healing would help you feel like your old self again. However, sleep disturbances began as well as headache and vision problems. Knowing where to turn for support is key to achieving as full a recovery as possible. 

Workers' compensation may be quietly shortchanging your benefits

In truth, shortchanging may be too harsh of a word in this case, but according to a special series aired by NPR, 10 states have made serious changes in the way they handle workplace injuries. A major consequence of these changes is that employees suffering workplace injuries are not getting the worker's compensation benefits that they deserve and expect.

You might have guessed it by now, but Tennessee is one of these 10 states, which are now allowing outside, completely uninvolved medical reviewers to make decisions about your workers' compensation claim. Let us be clear about what this means. A medical reviewer that has never seen you in person or been involved in your treatment can overrule your doctor resulting in a denial of your claim.

Preparing for your Social Security Disability interview

When applying for Social Security Disability (SSD), you will have to meet many requirements and undergo a complicated process. While this is necessary to reduce and prevent SSD fraud, it can be intimidating for the applicant. In turn, these feelings of intimidation cause many people to procrastinate about applying for these benefits.

To many Tennessee residents, one of the most intimidating aspects of initiating an SSD claim is the interview process. People envision sitting before an inquisition and defending their disability claims. Instead, try to look at it as simply one more step on the road to acquiring the security you need. If you prepare yourself for the necessary Social Security Disability interview, you will feel much less apprehensive about the entire process.

Can I file a claim if I was partly at fault for a car accident?

At one time, the state of Tennessee prohibited car accident victims from seeking compensation if they shared any amount of fault in a crash. This was known as the contributory negligence rule. After the Supreme Court decided that such a rule did not serve justice, Tennessee changed its law to give accident victims a better chance of recovering compensation.

Now called the 49 percent rule, the law makes it possible for accident victims to seek recovery when harmed by negligence if they are less than 50 percent responsible for the crash. Further, the amount of responsibility you share for the accident will determine the amount of damages you receive. See the example below for a clearer idea of the 49 percent rule.

Liability when tenants in Tennessee suffer injuries in a fire

We all know that if a fire breaks out in a residential building, it can lead to serious injuries or death. This is especially so if the fire occurs in the middle of the night or the early morning when tenants are sleeping.

After a recent apartment fire left a Tennessee woman in critical condition, we thought it was a good time to discuss personal injury liability when someone suffers injury in a rented home.

There's no way to drive safely while distracted

Like most roadways in the nation, Tennessee highways are often busy, traffic-laden areas where you may feel as though you put your best driving skills to the test just to safely travel to your destination. From drivers cutting into your lane, failing to yield or ignoring stop signs, the risks for collision are high. The best you can do is stay alert and adhere to all traffic regulations while hoping that the other motorists in your vicinity will do the same.

Have you ever reached for a water bottle or other drink you set into a cup holder inside your vehicle, so you can take a sip while driving? Upon learning that drinking and eating while driving is a major distraction that often leads to collisions resulting in injury, you may re-think your choice to hydrate while driving in the future. In fact, at any given moment on the road, whether you're behind the wheel or traveling as a pedestrian, another person's negligence or distraction may be placing you at risk.

What medical requirements must truck drivers meet?

Government at the state and federal levels recognize the injury risks associated with trucking accidents. While most people only hear about regulations aimed at preventing distracted, exhausted and intoxicated driving, the physical health of truck drivers is just as important as driving safely. As such, the law requires that all truck drivers in Tennessee and elsewhere meet certain requirements.

Before they receive a license to drive commercial vehicles like tractor-trailers, drivers must undergo a rigorous health screening. This helps weed out those who are not fit enough to operate a large, heavy vehicle. Some of the issues medical examiners will look for in these screenings include the following:

  • Hearing and vision problems
  • Signs of drug and/or alcohol abuse
  • Heart and respiratory problems
  • Damaged or missing limbs and digits
  • Signs of skeletal deformities
  • Problems with the nervous system and the brain

You may automatically qualify for social security disability

Social Security Disability (SSD) benefits provide American citizens with compensation when they can no longer work due to a disability. Unfortunately, the SSD program has acquired a bad reputation as being notoriously difficult to navigate, which makes some disabled residents of Tennessee reluctant to apply.

It is true that the Social Security Administration (SSA) imposes strict eligibility guidelines, but these are necessary to prevent people from making fraudulent disability claims. This protects the program as well as those who truly do need SSD benefits.

Is taking a structured settlement wise in personal injury claims?

Anytime a legal solution is right for you, it is never a bad idea. However, it is crucial to make sure that it is indeed the right choice. A key point in such cases is never to rush into your decision. Unless you are approaching a critical deadline, take plenty of time to review your options and weigh their risks and against their benefits.

Every personal injury claim in Tennessee is different, but the one thing they have in common is the availability of legal remedies for victims. Deciding whether to take your case to trial or to settle it out of court is a major decision. While both solutions have advantages and disadvantages, it is ultimately up to victims to identify which choice is the right choice. Advice from an experienced legal professional can help victims make the best choice.

Recommended steps to take in the aftermath of workplace injuries

All of us who reside in Tennessee need our jobs to become and remain successful. This income allows us to provide for our families and to acquire the lifestyle that provides meaning to existence. Most of us do not hold jobs that lead to extravagant wealth, which means that any unplanned interruption in income can result in significant financial hardships.

You already know that workers' compensation exists to help you maintain your finances after suffering workplace injuries. However, your compensation does not automatically begin after the injury occurs. Both you and your employer have responsibilities to ensure that your coverage proceeds quickly and effectively. As injury attorneys, we recommend taking the following steps after suffering workplace injuries.

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Knoxville, TN 37923

Phone: 865-329-7269
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Johnson City
300 East Main Street, Suite 302H
Johnson City, TN 37601

Phone: 423-415-1920
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