Friday, November 15, 2013


Aging, Injury and Long-Term Care Loom Like a Storm

Some of my severely injured clients require long-term care.  You might be surprised to learn that almost half of those that require long-term care or other similar assistance are under the age of 65!

Two out of every three of us will require long-term care at some point in our lives. That also means that 66% of us will miss more than six months of income during our working lives!

In handling personal injury, medical malpractice, workers compensation and social security disability for years now, I have seen how massive an impact that can be.  Most folks cannot go six months without that income, and then caregivers are usually unable to work. This puts two folks out of the workforce.

Add to that, the soon-coming storm.

The population shift that we are living through is bigger than any of us can probably appreciate.  Baby boomers (born 1945-1964) and Generation X (1965-1979) have far fewer children and much less stability in marriages. (Turns out  the 60’s “free love” wasn’t so free).  As a result, there are fewer adult children alive to provide support, and many who are alive are estranged or just plain worthless.

For instance, statistically there are more than seven people that are between ages 45-64 that are available to care for those baby boomers and others currently over 65.

But, by just 2030, that drops to only four, and by 2050 maybe three! Imagine, three times the current senior population, but only a fraction of middle aged to give care and pay taxes.

So, who will take care of you and I?

I am sure our government has an answer, and I am sure I am not going to like it.

Monday, November 11, 2013



In Tennessee, all drivers are required to have automobile insurance and are not supposed to drink and drive. Some violate both laws. Especially around the holidays.

If you are injured by a drunk driver, you may be able to receive money damages for medical bills, lost wages, lost enjoyment of life, or punitive damages, even if he is is uninsured.  But, it is important to understand what happens after you are hit by a drunk driver so that you can make sure you get what you deserve.

In Tennessee, an automobile insurance policy must meet certain requirements. It must cover only $25,000 for one injury or death. Also, it must cover $50,000 for all injuries or deaths from one accident. And, it must cover $15,000 for property damage for one accident. It is important to note that these are the requirements for the minimum coverage required. Some drivers may have automobile insurance policies with higher coverage, but we can all agree $25,000 may not cover just the medical bills.

Your own automobile insurance policy often has “UM” coverage for those that have little or no coverage. UM acts like the drunk driver’s coverage in all ways, even though it’s your insurance company. That’s where your medical bills and pain and suffering are paid through. Do not be afraid to make that claim. Also, try to carry at least $100,000 in UM.

If you have been hit by a drunk driver, it is important that you seek medical attention as soon as possible to document any injuries you have sustained and minimize your injuries. The automobile insurance companies will look at this information when determining how much money they should give you for your injuries.  Delaying treatment can hurt your case and diminish your credibility. 

Always put your own insurance company on notice of any accident, and check your UM policy to see if you are underinsured yourself.

Drive safely this holiday season.

Friday, November 1, 2013



Motorcyclists are often thought of as being reckless. We have all seen one pop a wheelie in traffic or roar carelessly around and weave through traffic.

But, in Tennessee, most motorcycle accidents are not the fault of the motorcycle driver. Usually, it is automobile drivers who fail to watch out for motorcyclists when making turns at intersections. And the consequences to the motorcycle driver can be devastating.

According to the National Highway Transportation Safety Administration (NHTSA), in 2011 over 4,500 people in the United States were killed in motorcycle accidents, which represent 14 percent of all traffic fatalities for that year. The NTSB concluded that people on motorcycles are 30 times more likely than people in passenger vehicles to die in a crash, and 5 times more likely to sustain personal injury in a crash.

If you or someone you know has been seriously injured in an accident while on a motorcycle in Tennessee, understand that the same Tennessee laws apply equally to motorcycles as they do passenger vehicles, including the requirement that a negligent driver who causes an accident must compensate you for your injuries and other damages.  

Look twice when turning left, and let’s protect the most vulnerable motorists on the road.