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September 2013 Archives

Social Security Disability and "Intellectual Disability"

     The Social Security Administration is replacing the label "mental retardation" in Social Security Disability claims with "intellectual disability" as of September 3, 2013. The change "reflects the widespread adoption of the term 'intellectual disability' by Congress, government agencies, and public and private organizations" and acknowledges the term "mental retardation" conjures up negative connotations and may be offensive to some people. 

Tennessee fatal crashes: 1 dead after head-on collision

A two-vehicle accident has occurred, causing both of the vehicles to catch on fire. Fatal crashes in Tennessee are becoming more of a frequent occurrence, and sadly, this is one of them. The accident has left one dead and three injured.

Witnesses and Car Accidents

     When car accidents occur, it is very imporant to get information about and from all available witnesses.  Obtain the full names, complete addresses, places of employment and current telephone numbers of all witnesses. Particularly in accidents appearing to involve only minor damage, the witnesses leave after the police officer arrives and the police officer may not obtain vital information concerning the witnesses. Remember that under Tennessee Law a person has one year in which to file a lawsuit for bodily injury and three years in which to file a lawsuit for property damage. Tennessee Code Annotated §§ 28-3-104 and 105. It is unfortunately not unusual for a person to file a lawsuit against you very near the end of the applicable one or three year period. Ask the lawyers, there are innumerable instances when it appears that the property damage is so slight that there is no reasonable anticipation that a lawsuit will be filed but nonetheless a lawsuit is filed and is filed just as the applicable statute of limitation is about to end. Once the witnesses are away from the scene, it will be almost impossible for you to locate and identify them if you have not obtained their vital information.

Tennessee personal injury: 4 injured, 1 man killed

An accident has claimed the life of a 55-year-old man who ended up in the middle of a police chase while he was sitting in a vehicle. The driver who is deemed responsible for the crash is a 49-year-old woman who had just stole a police car in order to flee from Tennessee officers. Four other people were also victims of this incident and have suffered personal injury as a result.

After Car Accidents Contact the Authorities

     People involved in car accidents often make the mistake of not calling the police!  If you are involved in a car accident, contact the police or other authorities even if the damage seems minor.  The duty to inform law enforcement of an accident and a driver's duties generally when an accident occurs (T.C.A. § 55-6-101-116) apply to accidents, "occurring upon highways and the premises of any shopping center, trailer park or any apartment house complex, or any other premises which are generally frequented by the public at large."

Tennessee fatal crashes: Two people killed while walking

An accident recently occurred when a 26-year-old man and a 20-year-old woman were walking across the interstate. Tennessee highways usually leave people vulnerable to fatal crashes, especially pedestrians. While walking, they were allegedly struck and killed by another vehicle. They were both declared dead at the scene.

Social Security Disability for Arrhythmias

     A person with recurrent arrhythmias that cannot work may qualify for Social Security Disability or SSI benefits.  Broadly defined, cardiac arrhythmias are any abnormality or perturbation in the normal activation sequence of the myocardium. The sinus node, displaying properties of automaticity, spontaneously depolarizes, sending a depolarization wave over the atrium, depolarizing the atrioventricular (AV) node, propagating over the His-Purkinje system, and depolarizing the ventricle in systematic fashion. There are hundreds of different types of cardiac arrhythmias. The normal rhythm of the heart, so-called normal sinus rhythm, can be disturbed through failure of automaticity, such as sick sinus syndrome, or through overactivity, such as inappropriate sinus tachycardia. Ectopic foci prematurely exciting the myocardium on a single or continuous basis results in premature atrial contractions (PACs) and premature ventricular contractions (PVCs). Sustained tachyarrhythmias in the atria, such as atrial fibrillation, paroxysmal atrial tachycardia (PAT), and supraventricular tachycardia (SVT), originate because of micro- or macro re-entry. In general, the seriousness of cardiac arrhythmias depends on the presence or absence of structural heart disease.

Tennessee fatal crashes: One man dead and a child injured

A 38-year-old man has died and a 6-year-old boy is fighting severe injuries after being in a serious car accident. Fatal crashes can occur at any time in Tennessee, just like with this case when the man was turning onto his own street. The man leaves behind a wife and two children. The other driver is facing vehicular homicide charges and it is believed that he may have been intoxicated.

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Tony Farmer & John Dreiser

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Knoxville, TN 37909

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