Personal Injury
Tricky Territory: Who's to Blame in a Parking Lot Accident
Surprisingly, twenty percent of all insurance claims filed are for car accidents occurring in parking lots according to the Institute for Highway Safety. Most parking lots are privately owned. That means that they fall under private property driving laws which are put in place to protect both the general public and the owner. Unless an…
Read MoreWhat Your State Doesn't Know About Zip Lines Could Kill You
In Lexington, Kentucky, at the Red Mile Crawfish Festival an 11 year-old girl’s zip line snapped as soon as she took off from the platform, causing her to fall 20 feet. While investigating the freighting scene, police discovered that the carabiner clip on her harness was broken. In Sevierville, Tennessee, after failing to properly attach…
Read MoreWhy Do I Have to Pay Back My Health Insurance From My Settlement?
Every time I give a client a breakdown of their settlement to let them know where each and every penny is going, they are shocked that a portion of their recovery has to go to their health insurance. Clients will ask, and rightfully so, why should my insurance company get paid from my settlement? Because you have…
Read MoreWhat is a contingency fee?
Attorney fees are the center of most lawyer jokes. Some people do not know, or understand, how lawyers are paid. While there are many new payment methods breaking through, there are a couple of traditional ways that lawyers get paid – by the hour, and on a contingency fee basis. The hourly rate of a lawyer…
Read MoreMy Case is Settled. How Much of the Settlement is Going to Me?
Good news! After fighting the insurance company and forcing them to do the right thing or see you in court, they finally cave and decide to pay you what your case is worth to settle. But now that it is settled, how much of the settlement is going to go to you? In other words,…
Read MoreWhat Should You Do If You Slip and Fall in a Store?
“It only takes one fall to completely alter the life of a victim.” That was definitely a thought provoking statement I read by The National Floor Safety Institute, especially as an attorney who represents injured victims. No one knows better than I do how one moment can impact your life forever. So, what should you…
Read MoreThey sued for how much??? What the amount sued for really means.
Every day, the news details how a plaintiff has sued a defendant for ___ million dollars. Typically, whatever number goes in the blank sounds absurd when compared to the facts of the case as presented on the news. So what’s really going on here? Are the plaintiffs (or their lawyers) crazy and greedy? The short…
Read MoreThey Are Suing for How Much!?!?
Most people are not familiar with the procedures and requirements relating to the practice of law. That is why when most people hear about the amount of money one party is suing for, they are shocked. You have seen the headline, “Person or Company suing for millions of dollars.” Most people think the individual who…
Read MoreStop, Look And Listen Before You Go Over An Unprotected Railroad Crossing
Tennessee residents are well aware that many unprotected railroad crossings exist across the state. With an extensive network of rail routes traversing urban areas as well as the countryside, the potential for auto/train collisions at these rail crossings is probably greater than you think. The Federal Railroad Administration (FRA) is an agency of the U.S.…
Read MoreWrongful Death Proceeds – Who gets the money?
Here at Rocky McElhaney Law Firm, we recently resolved two wrongful death claims. Both were tragic stories, and the way the law directs us to divide up the money struck me as very interesting given that they both resolved around the same time. One involved an 18 year-old young man and the other involved a…
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