Recap of February 7 Show–Nursing Home Laws

Steve and Sara would like to thank Attorney Parke Morris for joining us February 7, 2010 on “Let’s Talk Law” to discuss Tennessee Nursing Home Laws.  The two of the most popular questions about Nursing Home Laws and rights were addressed during the show:

1. What should one look for when choosing a nursing home?

As Parke described, it is important to review the surveys or governmental inspection reports of facilities.  Many Tennessee nursing home resources, including links to surveys and reports, can be found here: http://health.state.tn.us/nursinghomes/index.htm.

Another resource is your local long-term care ombudsman.  An ombudsman is simply an advocate for residents of nursing homes and other types of assisted living facilities. Ombudsmen can provide information about how to find a facility and what to look for when doing your research.  A list of local ombudsmen in Tennessee can be found here: http://www.state.tn.us/comaging/ombudsmanmap.html.

2. What should I do if I suspect potential abuse in a nursing home? Who should I contact?

If you prefer to speak with someone at the nursing home facility about your concerns, Parke explained that you should start with the Director of Nursing.  You may also address your questions to the Assistant Director of Nursing, Social Worker or Unit Manager.  If, however, you wish to seek outside help or to lodge a formal complaint, you may again contact your local long-term care ombudsman for help.    Serious incidents of patient abuse can be reported to the TBI by calling the Patient Abuse in Tennessee Hotline at 1-800-433-5454.  For more information, you may visit http://www.tbi.state.tn.us/Crime_invest/medicaid_fraud.shtml.

Recap of January 31 Show — Insurance Laws

Steve and Sara would like to thank Attorney Tom Johnson and Insurance Agent William Blount for joining us January 31, 2010 on “Let’s Talk Law” to discuss Insurance Laws.  Both guests provided invaluable information on this important topic.

William outlined the different types of insurance available, focusing on automobile and homeowner/renter coverages.  He also provided some helpful information on coverage amounts, explaining that typically you can more than double your coverage amounts for a relatively low increase in the cost of your policy.  Accordingly, it is important to talk with your insurance agent and obtain quotes on different levels of coverage, rather than settling for the lowest amount of coverage.

Several topics were covered during the show, including what is known as “uninsured or underinsured motorist coverage.”  As Tom explained, this coverage is used when the at fault party either does not have insurance or does not have enough insurance to cover your damages.  This topic led to an interesting question: If I have an uninsured motorist claim and file a lawsuit, why does my own company hire a lawyer to fight me? Tom explained that “your policy provides that you are entitled to recover from your policy the amount you are legally entitled to recover from the owner or operator of an uninsured motor vehicle.  The uninsured motorist statue sets out in detail how the system works. Obviously, it wouldn’t be fair to the insurance company to have to pay whatever amount the insured asks for.”

February 7 Show — Nursing Home Laws

Join Steve and Sara this Sunday when we will be exploring the topic of “Nursing Home Laws.”  Many of the problems found in nursing homes and facing our elderly were discussed in this recent newspaper article. Join us at 11:00 a.m. on February 7, 2010 by tuning in to WNOX-FM 100.3 NewsTalk 100.  You can also listen live via the web by visiting http://www.wnoxnewstalk.com.

Call during the show with your questions or comments by dialing (865) 656-TALK (8255) or (800) 9510-TALK (8255). U.S. Cellular and AT&T Wireless customers can also place a free call by dialing *100.  Feel free to post your questions and/or comments here on our blog.  We will review the blog before and during the show and attempt to answer your questions on the air.

Feel free to also contact Steve and Sara during the week with your questions by calling our office at (865) 249-7200.

December 27 Show–Legal Fact or Fiction?

Join Steve and Sara this Sunday when we will be exploring the topic of “Legal Fact or Fiction?”  Along with our guest, Attorney Peter Gerstenzang, we will be debunking popular legal myths.  For instance, many people believe that putting a penny in your mouth will help you beat a breath alcohol test.  Is this legal fact or fiction?  To learn the answer to this and other questions, join us at 11:00 a.m. on December 27, 2009 by tuning in to WNOX-FM 100.3 NewsTalk 100.  You can also listen live via the web by visiting http://www.wnoxnewstalk.com.

Call during the show to have us debunk your own legal myths by dialing (865) 656-TALK (8255) or (800) 9510-TALK (8255). U.S. Cellular and AT&T Wireless customers can also place a free call by dialing *100.  Feel free to post your questions and/or comments here on our blog.  We will review the blog before and during the show and attempt to answer your questions on the air.

Feel free to also contact Steve and Sara during the week with your questions by calling our office at (865) 249-7200.

Recap of December 20 Show–Tennessee Small Claims Court

We were privileged to have Knox County General Sessions Court Judges Tony Stansberry and Chuck Cerny as our guests on December 20, 2009 to discuss the Civil Division of General Sessions Court, which is often referred to as Small Claims Court.

As the Judges explained, the following types of cases are heard in the Civil Division of General Sessions Court:

1. Disputes involving damages up to $25,000.00 in all civil cases, both law and equity.
2. Actions to recover personal property.
3. Cases of forcible entry and detainer.
4. Issue restraining orders and enforce the penalty provisions for violations of such restraining orders.

Persons interested in filing a lawsuit in Small Claims Court are free to do so on their own, without the necessity of hiring an attorney.  Many resources related to filing these suits can be found on the Court’s website using the following links:

• Forms (including a civil summons and cost sheet)
• Court Mediation Program
• Jurisdiction of Knox County General Sessions Court
• Court location
• Civil Sessions Docket

Recap of November 29 Show–Domestic Violence Laws

Steve and Sara would like to thank Knox County Assistant District Attorney Janet Gurwitch for joining us November 29, 2009 on “Let’s Talk Law” to discuss Tennessee Domestic Violence Laws.  Janet was kind enough to provide a list of resources for those in a domestic violence situation.

The following is a list of Women’s Support Groups to assist female victims of Domestic Violence:

Family Crisis Center – (865) 215-6849

Choices – (865) 688-0661

YWCA – (865) 523-6126

The following is a list of resources to deal with substance abuse problems that may accompany a domestic violence situation:

Substance Abuse Assessments/Counseling:

Alternative Counseling Center, Saroj Chand: (865) 687-8990

Complete Counseling North, Michael E. Cohen:(865) 688-0661

Recovery Living Services: (865) 525-2345

Westside Psychology, David Cunningham: (865) 690-0219 ext. 158

Integrous Counseling Center, Tom Hale: (865) 898-0699

Alcoholics Anonymous: East Tennessee Information

(865) 522-9667

Al-Anon & Al-Ateen: Knoxville Area

(865) 525-9040

www.discoveret.org/alanon

As Janet discussed during the show, the Knoxville Family Justice Center is an excellent resource for anyone who needs help to escape a domestic violence situation. The Center is located at 400 Harriet Tubman Street, Suite 219, Knoxville, TN and operates a 24/7 Hotline at (865) 215-6800.

November 22 Show–Tennessee Tax Law

As we draw closer to December, the year’s end signals the beginning of the much-dreaded tax season.  If you have questions about tax law, join Steve and Sara at 11:00 a.m. on November 22, 2009 to discuss the topic of “Tennessee Tax Law.” Tune in to WNOX-FM 100.3 NewsTalk 100 or listen live via the web by visiting http://www.wnoxnewstalk.com.

Call during the show with your questions about Tennessee Tax law by dialing (865) 656-TALK (8255) or (800) 9510-TALK (8255).  U.S. Cellular and AT&T Wireless customers can also place a free call by dialing *100.  Feel free to post your questions and/or comments here on our blog.  We will review the blog before and during the show and attempt to answer your questions on the air.

Feel free to also contact Steve and Sara during the week with your questions by calling our office at (865) 249-7200.

Tennessee Headlight Law

The proper use of vehicle headlights was a topic that sparked some discussion during the November 15, 2009 show on Tennessee Traffic Laws.  Listeners questioned exactly when a motorist is required to activate headlights.  Tennessee Code Annotated § 55-9-409 governs headlight usage requirements in Tennessee and can be found online by clicking here.

Essentially, Tennessee law requires that a motorist activate headlights during the period of time 1/2 hour after sunset and 1/2 hour before sunrise.  The law further requires that headlights be displayed during periods of fog, smoke, or rain and at all other times when there is not sufficient light to render clearly discernible any person on the road at a distance of two hundred feet ahead of the vehicle.  Interestingly, the law defines the period of rain necessitating headlights as “any time when rain, mist, or other precipitation, including snow, necessitates the constant use of windshield wipers by motorists.”

Feel free to contact me at oberman@tndui.com or (865) 249-7200 if you have any questions about this or another legal issue.

Recap of November 15 Show–Tennessee Traffic Laws

Thank you to Knoxville Police Department Sergeant Brian Evans for joining us to discuss Tennessee Traffic Laws.  As Sergeant Evans noted, most people become nervous and anxious when an officer initiates a stop.  Common mistakes of motorists in this situation include pulling to the left side of the roadway (rather than the right), stopping in the middle of the roadway, and rifling through the vehicle for documentation before the officer approaches the vehicle.  Few motorist take into consideration the safety concern of the officer.  Accordingly, Sergeant Evans offered the following suggestions to follow if you are stopped by a law enforcement officer:

1. Find a safe place to pull over on the right-hand side of the roadway.  Take your time to safely stop, initiating a turn signal to communicate to the officer that you are pulling over.
2. If stopped at night, consider turning on your dome light so that the officer can clearly see inside your vehicle and eliminate any safety concerns.
3. Wait for the officer to approach with your hands visible and on the steering wheel.  Do not attempt to retrieve your license, proof on insurance and vehicle registration until asked to do so by the officer.  Also do not exit the vehicle until and unless asked to do so by the officer.
4. If you are concerned for your safety or concerned that an unmarked car is not a law enforcement officer, you may drive to a safer, well-lit area.  If still in doubt, you are free to call 911 to verify that you are being stopped by a law enforcement officer.

If you have been stopped and have any questions about your rights or how a citation may impact your driving history or, more importantly, your insurance rates, feel free to call Steve and Sara at (865)249-7200 or visit The Oberman Law Firm website at www.tndui.com.

November 15 show – Traffic Law

Join Steve and Sara at 11:00 a.m. on November 15, 2009, when they will be discussing “Traffic Offenses and Laws.”  Tune in to WNOX-FM 100.3 NewsTalk 100 or listen live via the web by visiting http://www.wnoxnewstalk.com.

Call during the show with your questions about Tennessee Traffic Law by dialing (865) 656-TALK (8255) or (800) 951-TALK (8255).  U.S. Cellular and AT&T Wireless customers can also place a free call by dialing *100.  If you prefer, feel free to post your questions and/or comments here on our blog.  We will review the blog before and during the show and attempt to answer your questions on the air.

Feel free to also contact Steve and Sara during the week with your questions by calling our office at (865) 249-7200.