Chattanooga Personal Injury Blog

An officer with the Memphis Police Department was denied his claim for PTSD (post-traumatic stress disorder) because his psychological injury was not recognized, according to Policeone.com. The officer was one of many who responded to a disturbance on July 3, 2011 at a DoubleTree Hotel in downtown Memphis, which ultimately ended in a shootout. Shortly after the incident, the officer began to display signs of PTSD, which is a mental condition triggered by a traumatic or terrifying event. The officer’s symptoms included nightmares, insomnia, and flashbacks; he later took an extended leave from work in order to seek medical treatment for the disorder.

The man applied for on-the-job injury status, which means an injured worker can receive compensation for medical bills and lost wages, but his claim was denied by the city’s claims manager. According to the report, the reason given for the denial is that the city’s policy does not “formally recognize psychological injuries unless they stem from a physical injury.” The officer was forced to use his personal vacation, holiday, and sick days for his treatment. Tennessee state and local laws are unclear regarding employees who are suffering from PTSD and applying for on-the-job injury status, and presently city officials say they are reviewing the policy.

Workers’ compensation is important for TN employees who are recovering from an occupational-related injury or illness. However, a workers’ compensation claim can be denied for any reason an employer or an insurer sees fit. If you need assistance with your Tennessee workers’ comp claim, contact a skilled workers’ compensation lawyer in Chattanooga at Massey & Associates, P.C. We will work diligently to ensure you receive the compensation you deserve. Call (423) 697-4529 to discuss your case with a member of our legal team.

The U.S. Department of Transportation (DOT) and the National Highway Traffic Safety Administration (NHTSA) have designated April as Distracted Driving Awareness Month in order to highlight the dangers of distracted driving. Distraction.gov reports that over 3,000 people were killed in distracted driving crashes in 2010, showing that distracted driving is a dangerous epidemic on U.S. roads. Though distracted driving can result from a number of different driver distractions, such as adjusting the vehicle’s stereo, eating or drinking, and grooming, the National Safety Council (NSC) is focusing specifically on cell phone use behind the wheel during Distracted Driving Awareness Month.

The NSC is urging all drivers to pledge to drive cell free this April and beyond in order to prevent a dangerous accident. An estimated 25 percent of all crashes involved drivers distracted by cell phones, and whether a driver is talking on their cell phone using a handheld or hands-free device, they are four times more likely to get into an accident. In addition, drivers who text message increase their likelihood of being in a crash by eight to 23 times. The group is encouraging drivers from coast to coast to take the pledge to drive cell free at nsc.org/pledge.

The NSC also recommends the following tips to curb the use of cell phones behind the wheel: turn your phone off or put it on silent so you are not tempted to use it; use technology that prevents cell phone use while driving, i.e. devices that hold calls and messages and delivers them after you’re done driving; and if you are a passenger in another’s car, offer the driver assistance if they need to use their phone.

It is the responsibility of all Tennesseans to ensure the safety of others on the road by being responsible drivers and “steering” clear of driver distractions, including using cell phones. A serious accident may occur if a motorist chooses to act negligently and not focus only on the task of driving. If you have been injured in a distracted driving accident, a Tennessee distracted driving accident lawyer at the law firm of Massey & Associates, P.C. can help you obtain the compensation you need to recover. We offer a free consultation, so call (423) 697-4529 to make an appointment.

A new study shows that so-called “bankruptcy reforms” made by Congress have led to much higher costs for those filing, according to U.S. Politics Today. In 2005, Congress passed a bankruptcy reform act which made a number of changes to the bankruptcy code and aimed at tightening loopholes, setting higher bankruptcy standards, and eliminating bankruptcy abuses. Experienced legal professionals, however, are stating that the bankruptcy code changes are viewed largely as cumbersome as they have created many needless costs.

Before the 2005 changes, the average cost of a Chapter 7 bankruptcy case was $900. The study shows that this figure has drastically increased by more than 55 percent, costing $1,399 at the end of 2011.

Why did the reforms have such a significant effect on bankruptcy expenses? For one, hiring an attorney is one of the major costs of filing for bankruptcy, and with the official 2005 changes and the complicated new laws, the bankruptcy process takes more time for filers and their lawyers, which adds up to more money. In addition, a number of systemic costs were added by the bankruptcy act, including new trustee fees, filing fees, and fees required for credit counseling and debtor education.

The 2005 bankruptcy act means two major things for consumers considering bankruptcy. First, at the outset of the bankruptcy process, a filer will have to pay a few hundred more dollars. Also, filers should be very selective when it comes to choosing their bankruptcy attorney, as it is important they have the specialized knowledge needed to help you through the complex new laws with as little expense as possible.

With higher bankruptcy filing costs and complicated new laws, any TN resident considering filing for bankruptcy should seek the help of a knowledgeable Chattanooga bankruptcy lawyer. At Massey & Associates, P.C., we are committed to aiding those filing for bankruptcy and will help you arrive at a satisfactory resolution in your case. To see how our legal team can help you, call (423) 697-4529 for a free case evaluation.

Abuse and neglect in nursing home and elderly care facilities is an increasing problem across the U.S. Studies conducted recently estimated that anywhere from one to two million Americans ages 65 years or older have been neglected, exploited, or otherwise mistreated by someone whom they depend on for care and protection, but investigators have determined that only one in 14 of such incidents are reported to authorities.

With a large percentage of older adults residing in an elderly care facility, it is important that families and those close to the person under the care of a facility are aware of the different types of nursing home abuse that can occur. To ensure your elderly loved one is receiving quality care, here is more information on the different kinds of nursing home abuse:

1. Sexual abuse – A very unpleasant thing to think about, but any sexual activity that is done without the consent of the resident and to sexually satisfy the perpetrator is considered sexual abuse. Examples include inappropriate touching or fondling.
2. Physical abuse – Many nursing home residents are physically abused by those who are supposed to be caring for them. Any physical action, such as slapping or hitting, that causes physical hurt and pain to the patient is physical abuse. Signs include: black eyes, bruising, broken bones, and cuts or scratches.
3. Emotional and mental abuse – Any verbal or physical act that results in emotional anguish, pain, or psychological disturbances falls under this category. Examples include a staff member threatening, intimidating, or insulting a resident. Emotional abuse is very serious and may be hard to detect.
4. Neglect – Nursing home neglect in Tennessee can come in many forms, such as residents not being provided with clean surroundings, not maintaining proper hygiene or sanitation, and deprivation of food, water, or even medication. All results of neglect are directly the fault of nursing home staff.

Legally and ethically, it is the responsibility of the nursing home or elderly care facility staff to provide excellent care to its residents and not abuse them in any manner. If you feel an elderly loved one has been the victim of abuse, the nursing home abuse lawyers in Chattanooga of Massey & Associates, P.C. will work to hold any negligent parties responsible for the harm they have caused. To speak with a member of our law team, please call (423) 697-4529.

For the month of March, the U.S Consumer Product Safety Commission (CPSC) has issued two important product recall alerts for consumers. Both of these defective items pose a fire hazard and therefore a burn injury risk to unsuspecting users. Information on the two recalled household items are below:

1. LED night light: Imported by American Tack & Hardware Co. Inc., this LED night light has an electrical short circuit which can cause it to overheat and smolder or melt, posing a fire and burn hazard. No injuries have been reported, but the company has received 25 reports of the lights smoking, melting, and burning. The recall affects approximately 227,000 units. The model number on the defective night light is 71190 or 71190A, and possible brands name on the packaging include Amerelle, Amertac, or Everyday Basics. The product was sold from March 2009 to October 2010 for about $6 at hardware stores, lighting showrooms, and home centers. Consumers should contact the firm for a full refund by calling (800) 420-7511 or visiting www.recall-center.com.
2. Adjustable mattress base: In a recall that affects about 25,200 units, this adjustable mattress base manufactured by Leggett & Platt has an electrical component in the motor control board that can fail and short, causing overheating and a potential fire hazard. The recalled models are “Titanium,” “Gold,” and “Signature” by Leggett & Platt. Consumers should identify their potentially recalled item by looking at the remote control for the power foundation. The mattress base was sold for $1,700 to $2,200 from March of 2008 to October of 2011 at mattress retailers nationwide. For free in-home repair or a free modification kit, customers should contact Leggett at (855) 853-3539 or go to www.titaniumrecall.com.

A manufacturer has the responsibility to produce safe items for consumer use. Unfortunately, if an item has a dangerous defect, it is often not discovered until it is too late and an innocent customer has suffered an injury.

The product liability attorneys in Chattanooga of Massey & Associates, P.C. are dedicated to protecting the rights of consumers and obtaining compensation when a defective product has caused serious injuries. To see how our legal team can assist you, please call (423) 697-4529.

The month of March is Brain Injury Awareness Month, which was created to increase awareness of the causes and consequences of brain injury and emphasize the need for prevention. In addition, this important awareness month underlines the need for brain injury research, education, and advocacy on behalf of those who are currently living with a brain injury. This year, in honor of Brain Injury Awareness Month, the U.S. Centers for Disease Control and Prevention (CDC) is encouraging parents, coaches, school professionals, trainers, and athletes to take action to reduce the risk of a traumatic brain injury (TBI) for those who participate in sports.

The CDC estimates that 3.8 million sports and recreation-related concussions occur in the U.S. annually, and emergency rooms treat approximately 170,000 sports and recreation-related traumatic brain injuries among children each year. The latter figure is on the rise, with the number of these types of treated injuries increasing 60 percent over the last ten years among children and adolescents. The most common activities involved were bicycling, basketball, soccer, football, and various playground activities.

Though this increase may be a result of the growing public awareness of TBIs and the need for medical attention if one is suspected, the CDC still wants to continue to increase the public’s knowledge about this life-altering injury. The organization is developing guidance for healthcare professionals on the diagnosing and treatment of mild TBI in children, and information for families, athletes, and athletic professionals on how to properly prevent, recognize, and respond to concussions is available by visiting http://www.cdc.gov/concussion.

A brain injury can permanently impact the life of a victim and can result in costly medical care and rehabilitation. Therefore, if the brain injury was caused due to the negligence of another person, it is crucial a brain injury victim and his or her family understand their legal right to pursue compensation from the at-fault party. The brain injury lawyers in Tennessee with Massey & Associates, P.C. have the knowledge and experience to help you obtain the compensation you deserve. Please call (423) 697-4529 for a complimentary consultation.

According to Bloomberg.com, the judge who is overseeing the lawsuits regarding Actos, the medicine used to treat type 2 diabetes, and the potential risk of bladder cancer for patients has appointed 19 plaintiffs’ lawyers to manage litigation involving U.S. claims. The federal lawsuits against the diabetes drug manufacturer Takeda were consolidated before U.S. District Judge Rebecca Doherty in Lafayette, Louisiana, in December 2011, and the court’s filings note that the first hearing in the case is set for March 22. Attorneys for both lead counsel and a steering committee have been selected.

Takeda, which is Asia’s biggest drug maker, faces up to 10,000 claims that the diabetes medicine Actos causes bladder cancer after U.S. regulators determined that the drug is linked to the disease. A review conducted by the U.S. Food and Drug Administration (FDA) of an ongoing epidemiological study concluded that patients taking the drug for more than one year may have an increased risk of bladder cancer. In addition to the lawsuit claiming patients face an increased cancer risk, plaintiffs also claim that Takeda and co-defendant Eli Lily & Co., based in Indianapolis, withheld information about the cancer risk and failed to provide adequate warnings.

Manufacturers of drugs have the responsibility to protect patients by thoroughly testing medications for potentially harmful side effects and disclosing the information to the public. Unfortunately, dangerous side effects are often not caught until a patient using the drug becomes ill or is harmed. If you have suffered adverse reactions from taking Actos, the dedicated Tennessee Actos injury lawyers with Massey & Associates, P.C. can help you receive the compensation you deserve from any negligent parties. Call our offices at (423)697-4529 to schedule a free consultation regarding your case.

According to Marketwatch.com, a new study conducted by the Cintas Corporation reveals an interesting trend among American restaurant-goers. In order to help restaurant operators understand the serious implications of slip-and-fall accidents, the group commissioned a third party, Harris Interactive, to do a telephone survey with more than 1,000 U.S. adults ages 18 and older to identify how they would react to a slip-and-fall accident. The results of the survey showed that nearly 60 million Americans, or one in three adults, would be unlikely to dine at an eatery where they knew someone recently had a slip-and-fall accident. The survey showed little difference between gender and age, but showed adults living in the Northeast are more unlikely to go to a restaurant with a recent slip-and-fall accident.

Annually, more than 3 million food service workers and over 1 million guests are injured as a result of restaurant slip-and-falls, according to the National Floor Safety Institute (NFSI). A recent study from this group revealed that the industry spends more than $2 billion on such injuries every year and that the rate for the occurrence of the injuries is increasing by 10 percent annually. A safe floor program implemented at any eatery can help reduce the chances of a dangerous slip-and-fall accident happening, as it provides restaurants with a plan to protect, maintain, and deep clean floor surfaces.

As the economy improves, the director of marketing for the Cintas Corporation warns that slip-and-fall accidents may derail the efforts of restaurants trying to attract new customers and keep the same ones coming back. She encourages eateries around the country to implement a safe floor program as it will protect both employees and guests, and also the restaurant’s “bottom line.”

The unfortunate fact is that slip-and-fall accidents can occur anywhere, and when they do happen, they can result in serious injuries. Business and property owners have the responsibility to maintain a safe, hazard-free premises at all times, but if they are negligent in doing so, they can be held liable for the accidents and injuries that happen as a result. The Tennessee slip-and-fall accident lawyers of Massey & Associates, P.C. can help you obtain compensation if you have been injured in a slip-and-fall accident. Please call (423) 697-4529 for a free consultation.

Love is indeed many a splendored thing, but financial woes can unfortunately be one of the issues that can cloud the proverbial sky of even the most stress-free relationship. In order to help couples everywhere avoid future financial spats, Creditcards.com interviewed relationship and financial experts to come up with practical solutions to finance-related feuds that can put a strain on a happy twosome. The following are three common problems and their solutions:

1. Lying about purchases: Lying about money and purchases you may have made, i.e. rounding down what you spent or neglecting to tell your partner all together, is risky to a couple’s financial health and can cause feeling of distrust and betrayal.

Solution: Have a date to discuss your financial needs and wants, and talk about specific things like budgets and spending habits and limits. Setting aside date time will show that you are both on the same team and will allow extra time to chat, instead of doing it late at night or before bed. Also, check in frequently with your mate.

2. “You don’t make enough/I make more money than you”: How much each person brings home can be a hot button issue. Partners who may make more and brag about it may be harboring resentment that they are largely the one keeping things afloat, and can belittle a partner.

Solution: For those that make more and may want to point it out, look at the other contributions of your mate (such as running errands or doing household work) to see the roles each of you play and how they complement each other. If one of you could be doing more in a certain area, create a plan to reach that goal together.

3. What you see as a “want” your partner sees as a “need”: Something one-half of a pair sees as a luxury, the other views as a necessity, like vacations or new appliances/electronics. A partner who is always satisfying their “wants” can wreak havoc on a relationship, creating debt that can lead to extra money problems.

Solution: The “matched pairs technique” can help. Each person makes a list of things they “want,” then the couple compares to see which items match up; anything that matches can be a goal to work towards to purchase, and unmatching items should receive less priority because they were not mutual. Create a “want” savings account to afford those little luxuries.

These sensible solutions to common money-related quarrels can help a couple avoid loosening any of the ties that bind a union. However, sometimes financial problems and overpowering debt can be too much to handle and become overwhelming, whether you are coupled up or not. If this happens, a skilled Chattanooga bankruptcy lawyer at Massey & Associates, P.C. can help eliminate debt and sort out complicated financial matters. To see how our law team can assist you, please call (423) 697-4529.

An article on Nuwireinvestor.com discusses a study that reveals excessive student loan debt has a very negative effect on the U.S. housing market as young people are usually first-time home buyers. The recent housing crisis has made Americans more determined than ever to cut down their home mortgage debt, and though a Federal Reserve Bank of New York report states home owners are doing a good job, the next potential threat to housing recovery and the economy in general is college students struggling with their student loan obligations. The Federal Reserve report states that the total amount of student loan debt in the U.S. was $867 billion as of the fourth quarter in 2011, suggesting this growing debt is a “loaded shotgun to the U.S. economy.”

The study reports that banks are only lending money to qualified borrowers, meaning prospective homeowners with excessive student loan debt are not high on financial institutions’ approval list. This will likely leave young buyers forced to go into rentals and locked out of the mortgage market, which in turn reduces the demand for “starter homes.” Basically, homeowners with growing families who want to move into larger, higher priced homes, will be in a bind, as there will be fewer people left to buy starter homes because younger consumers are unable to get approved for loans. In short, if the student debt bomb detonates, a good chunk of the housing market may go with it.

The average amount of student loan debt is at $25,000, a number which is unfortunately always rising. In addition, approximately 39 percent of bankruptcy attorneys have seen potential student loan cases jump an astonishing 25 to 50 percent in the past three to four years, indicating that young consumers and would-be homeowners with high student loan debt may need professional assistance. The Chattanooga bankruptcy attorneys of Massey & Associates, P.C. have the experience needed to help anyone facing financial difficulties obtain a positive outcome so that they can have a stress- and debt-free future. For a free consultation, call (423) 697-4529.