Couples going through divorces in the state of Tennessee will always end up with what's called a marital dissolution agreement. That is a contract between you and your former spouse that sets forth your rights and obligations regarding your assets, your debts, alimony, court cost, health insurance, and things like that. It's a contract that the two of you are bound to, and that you have to follow, but it really divides your assets and [...]
Workers at construction sites are constantly bombarded by noise. Many machines and tools, like jackhammers, are inherently loud. Trucks, the constant movement of workers, drills and diggers, and other work activities can affect a construction worker’s hearing on a daily basis. Often, hearing loss occurs slowly over time. Workers may not even realize they can’t hear well until a spouse, friend, or coworker tells them their hearing is bad. An inability to hear affects your ability [...]
If you're stopped for a DUI or the suspicion of a DUI, the first thing that you should do is be cooperative with the officer. That doesn't mean that you respond to everything the officer asks you to do, but that does mean that you don't give the officer a hard time. You want to have a situation in which your case blurs with other cases and there isn't something that distinguishes you from those cases. [...]
In many car accident cases, a driver’s negligence is clear. The driver sped, talked on his smartphone while driving, or ran through a red light. But what happens when the driver has a heart attack or a medical emergency that causes him/her to black out and lose control of their vehicle. Is it fair to hold drivers who have heart failure or other medical emergencies liable if events beyond their control cause the car crash? The [...]
Mandy Hancock discusses how parenting plans and parenting classes work in this week’s post. Contact Banks & Jones if you have questions about child custody in Knoxville. What exactly is a parenting plan? People ask, "What is a parenting plan?" In the state of Tennessee, we are very fortunate that we have a uniform plan that's used in all cases. I tell clients when they come to me, whether or not you reach an agreement [...]
There are several key parts to any premises liability case. You must prove the owner of the property had a duty to protect you, and failed to make their property safe. Generally, owners have a duty of care to customers, visitors, and people who have permission on the property. In most cases, there is no duty owed to a trespasser. You also need to show that the unsafe condition caused your injury and not another issue. [...]
If you have had an insurance claim denied, you may have legal remedies available to you. Today, Mandy Hancock discusses when to call an attorney about a claim. What if my insurance company denies my property claim? What do you do if your insurance company denies your claim? At that point I always tell people that's very important, first off, to have a copy of your insurance policy on hand, because there's times when your [...]
In sexual assault cases, the prosecution may try to argue a defendant’s alleged sexual assault of a victim is part of a pattern of assault of other sexual assault victims. Judges in these types of cases need to balance the right of the prosecution to prove its case with the defendant’s right to a fair trial. The admission of pattern of conduct testimony is very prejudicial to the defendant’s case because the focus of the case [...]
Motorcycle riding is not for the faint of heart. It can be exhilarating, but also dangerous. There are many common protective tools available to the motorcyclist to help prevent accidents and tragedy. These include tires with good traction, unobstructed vision, good brakes, and quick handling. However, even with these tools, there are hazards out there on the roadway that require a cautious eye and an alert mind on the part of the motorcycle driver. Some of [...]
There are many myths that surround DUI-related crimes. They’re all over the Internet, and there’s always some friend of a friend who swears he beat the system in some bizarre way. We don’t want you to get busted for DUI because you believed some silly myths. So today, we’re going to break down the five we hear the most often. 1. You can lower your BAC by eating and/or drinking coffee Eating something after the consumption [...]
Should you try to work your case out yourself? We get asked that question a lot. And the reality of it is, if you're a mechanic, I would suggest that you work on your own car. But if you're trying to handle something that you're unfamiliar with, the likelihood of success is just simply not there. Understand that the folks on the other side, the folks from the insurance company, they are trained to elicit [...]
The decision to put a loved one in one of the facilities can be difficult and heartbreaking at times. The goal is to provide your parent or other loved one with the best possible care that cannot feasibly be provided now at home. If you find out that your loved one is being mistreated or not cared for properly, it is time to take quick action. Here are some of the steps to take if you [...]
Tennessee’s domestic relations laws are complex, and clients who are seeking a divorce often have a lot of questions about what they should be doing. Today, Mandy Hancock addresses some of the more common questions clients ask. Do I need an attorney if my spouse has hired an attorney? If your spouse has hired an attorney in a domestic relations case, it's important for you to get an attorney as well. The reason is because [...]
If you were hurt while out on a boat or jet ski, you have rights when it comes to collecting compensation. The same is true if you are facing accusations of boating while impaired. T. Scott Jones discusses those rights in today’s videos. What are the common types of boating accidents? The most common types of boating accidents involve operator error. That is, either a distracted operator or an impaired operator. It's important to remember [...]
Meth has come roaring back in the state of Tennessee. In 2019, the Tennessee Bureau of Investigation reported that meth outpaced marijuana as the most frequently filed drug in its crime laboratory. In 2020, the picture is the same. A significant 10% increase in methamphetamine abuse has occurred in the state between July of last year and June of this year, according to the Commissioner of the Tennessee Department of Mental Health and Substance Abuse Services, [...]
So you've had an accident, and it may or may not be your fault. Don't always assume that it is your fault, but instead get as much information as is possibly available at the scene, so that you can share that with your attorney in order to reconstruct the accident. A competent attorney will hire an engineering group to reconstruct the accident, and also to determine, if in this case, how fast the offending driver [...]
Getting into a wreck can be stressful, and you may not be thinking clearly right away. Today, T. Scott Jones and Chris Beavers discuss what you should do after you’ve been in a car accident in Knoxville. Who should I contact first after a car accident? Who should you contact first after a car accident? Well surprisingly, I'm not gonna tell you that the answer is me, though I am on the list. After a [...]
Whether you go out for a night on the town with friends or you have a dinner function to attend, situations involving alcohol consumption are often a part of life. You’re not mentally calculating your blood alcohol content (BAC) with each sip thinking that your drive home could end in disaster. You may not even realize that your faculties are compromised before getting behind the wheel. Then you hit someone. Or perhaps you were never behind [...]
Child support can be tricky, especially when a family is experiencing big changes. Today, Mandy Hancock discusses two different scenarios that could affect your obligations. If one of my children turns 18, does my child support automatically cut in half? A lot of times people call me after one of their children, for which they're obligated to pay child support, turns 18 or graduates high school, and the obligation to support that child ends. The [...]
Whether you were involved in a car accident or you’ve been hurt at work, injuries to the head are a common occurrence under many circumstances involving negligent behavior. Your entire world can be tossed upside down with even a minor hit to the head as it can cause a traumatic brain injury (TBI). The unpredictability of this condition can leave you with a lot of uncertainty about your future quality of life. Post-concussion syndrome (PCS) is [...]
A serious injury can lead to financial burdens. Today, the attorneys of Banks & Jones answer some of your pressing questions about how to handle those burdens. Who pays for medical bills if I’m involved in an automobile accident? How do I get my medical bills paid if I'm involved in an automobile accident? Well first, they're going to be considerations of whether or not it was the other party's fault. When you've purchased your [...]
Kids don’t always show the best judgement. It’s why we have specific crimes and courts established to go a little lighter on younger members of our society who are still learning from their mistakes. The general idea is that they shouldn’t have to throw their lives away so early if they can turn things around and get back on the right track. Their minds are still developing and there are exceptions made for that fact. Some [...]
Distracted driving can lead to serious injuries. Today, T. Scott Jones talks about distracted driving, and what you need to know. What is included in Tennessee’s distracted driving laws? Distracted driving law in Tennessee is something that has recently come about, particularly through legislative action in order to deter folks from using electronic devices while operating a motor vehicle. It's extraordinarily important that you pay attention to the road and your surroundings, because you're operating [...]
Being involved in a collision with a truck can leave you a little shocked and bewildered. This isn’t a typical fender bender when your automobile is hit by an oversized vehicle at least 30 times its weight. You have more damage, more physical injuries, and more stress because now you have to deal with commercial insurance carriers, investigative agencies, and complications you never could have imagined. The first pangs of anxiety settle in when you realize [...]
Many days I get people who call me and they've had a child with someone else, and they are not married. And that does change the structure and the layout of the case and how we move forward from there. Unfortunately, right now in the state of Tennessee, if you are the man and you have a child with someone and you are not married, at that point, you do not have any rights to [...]
