Ponce Law

Caregiver Arrested in Tennessee Nursing Home Abuse Case

by Keith Adkins | February 27th, 2015

In Tennessee, residents of nursing homes and long-term care facilities have rights that must be acknowledged by medical providers and caregivers. Any violation of these rights can result in legal action by the victim.

One of the Tennessee nursing home resident’s rights is the right to quality medical care. This right was underscored when a 34-year-old Lawrenceburg woman was arrested for neglecting and mistreating a disabled elderly patient who was in her care.

Reports from The Daily Herald explain the caregiver failed to take a patient for an X-ray ordered by her physician, then attempted to cover up the error by forging documents that indicated the patient had, in fact, undergone the procedure.

When the caregiver’s employer was informed of the incident, the caregiver was dismissed immediately and law enforcement was made aware of the situation. The woman was indicted in Dec. 2014, but wasn’t arrested until Thursday, Feb. 26.

Incidents like this bring up the need for citizens to be aware of what actions to take in the event their loved one is being mistreated at a nursing home. The Nashville personal injury attorneys at Ponce Law suggest:

  • Be Informed- Understand both your rights as a loved one and the rights of nursing home residents. Also, never hesitate to ask caregivers questions regarding the treatments, procedures, and routines of your loved one.
  • Report Any Suspected Abuse- If you think your loved one is being neglected or harmed by caregivers, inform both management of the facility and the proper authorities of the issue.
  • Get A Lawyer- Speaking with a qualified legal representative can help to ensure you and your loved one’s legal rights are not violated again.

Bill Proposes Allowing Tennessee Businesses to “Opt Out” of Workers’ Compensation Coverage

by Keith Adkins | February 25th, 2015

Workers injured on the job often have a right to seek Tennessee workers’ compensation coverage. However, a debate is stirring after two Tennessee lawmakers proposed a bill that would allow businesses in our state to “opt out” of providing this coverage.

Under current law, most businesses are required to purchase insurance that provides Tennessee workers’ compensation benefits to employees injured while working. New regulations proposed under SB0721 would allow businesses to “opt out” if they can demonstrate that they can establish their own private workers’ compensation programs.

An article from The Tennessean says the bill would also cap benefit coverage at 156 weeks unless expenses were greater than $300,000. Current laws allow for coverage as long as treatment is needed.

If the bill passes, Tennessee would only be the third state in the nation to allow businesses to “opt out” of providing employees with workers’ compensation coverage through an insurance policy.

These changes come in the wake of reforms that were implemented last year, such as moving from the use of the state’s court system to a more administrative system.

The Nashville personal injury lawyers with Ponce Law point out these changes highlight the ever-shifting landscape of workers’ compensation law and the need to have an experienced legal representative by your side if you plan to file for Tennessee workers’ compensation benefits.

Damaged Roads Cause Danger in the Wake of Winter Storms

by Keith Adkins | February 23rd, 2015

With the snow and ice beginning to dissipate, motorists on Middle Tennessee’s roads are beginning to get some relief. However, the Goodlettsville car accident lawyers with Ponce Law point damage has been done to the roads while clearing the ice and snow, causing a new set of problems for drivers.

Potholes have been popping up along roads across Middle Tennessee over the past several days. Potholes can cause serious damage to your vehicle and they have been responsible for causing wrecks in the past. Drivers can lose control of a vehicle after striking a pothole due to the impact or damage done to the vehicle—such as a blown tire.

According to an article from News Channel 5, numerous motorists have been left stranded along the side of the road in recent days after hitting large potholes. One driver described the impact as shaking his whole car.

While the Tennessee Department of Transportation is beginning to repair damaged roads as soon as possible, the Nashville personal injury lawyers from Ponce Law want to remind motorists of the importance of safety while driving. Be vigilant for damaged roads and obey the posted speed limit. This should allow you enough time to avoid a hole in the road safely. If you come across a pothole in your area, be sure to report it to TDOT or your local officials.

Hospitals Report Increase in Slip and Fall Accident Injuries During Winter Weather

by Keith Adkins | February 20th, 2015

Winter weather has yet to recede from Middle Tennessee. Parts of Nashville and the surrounding areas are still caked in frozen precipitation and meteorologists are calling for more snow and ice this evening as another winter storm approaches. This week’s weather has brought about serious safety concerns as a large number of citizens are suffering injuries in slip and fall accidents.

Reports from ABC 2 News say hospitals in our region have seen an increase in patients who have been hurt after falling on icy walkways. Some of the most common injuries being reported include broken wrists, injured hips, and trauma to the head.

The Nashville slip and fall lawyers at Ponce Law point out that a slip and fall accident can raise important questions about Tennessee premises liability laws. State regulations require property owners to maintain safe walkways and to warn visitors of any safety risks, such as slick conditions. Any failure to do so can leave the property owner responsible for paying the costs associated with an injury in the event of an accident.

So if you’ve been injured as the result of a slip, trip, or fall on an icy walkway, it’s important to know you may have legal rights to compensation for your injuries; however, the processes to seek such damages can be complicated and having a Nashville personal injury lawyer by your side may prove beneficial to your claim.

At Ponce Law, we can answer any questions you may have regarding your slip and fall accident. Feel free to give us a call anytime at (888) 977-9912 to discuss your concerns.

Nashville Personal Injury Lawyers Encourage Safety While Sledding

by Keith Adkins | February 18th, 2015

Middle Tennessee has gotten it’s share of snow and ice this week, and that means it’s time to go sledding. The Nashville personal injury lawyers with Ponce Law would like to remind you that although sledding can be a fun way to pass the time, the activity also comes with some risks.

A combination of downhill speed and the inability to stop on slick surfaces can make sledding especially dangerous. Some of the injuries associated with sledding include broken bones, neck and spinal cord injuries, lacerations, and brain injuries.

To put into perspective just how common sledding injuries can be, WKRN 2 News reports that more than 28 children in Middle Tennessee were transported to the emergency room over the past few days due to sledding injuries.

Sledding accidents have also prompted premises liability concerns in the past. In Tennessee, if a person suffers an injury while sledding on your property and you fail to warn them of the risks they may face, you can be held responsible for covering the costs of their care and damages.

In order to avoid sledding injuries, children are encouraged to wear helmets when sliding downhill. You should also choose the location where you sled carefully. Stay in the park or yard and avoid sliding down asphalt that may be iced over.

We hope these tips help to keep you and your loved ones safe during the winter blast of 2015!

Goodlettsville Car Accident Attorneys Offer Winter Weather Travel Tips

by Keith Adkins | February 16th, 2015

A massive winter front blew through Middle Tennessee overnight, bringing treacherous driving conditions along roads and highways in Nashville and the surrounding areas.

Dozens of car accidents have been reported around Davidson County. Among them, ABC 2 News reports a Tennessee truck accident involving two jackknifed tractor-trailers along I-24 W in Rutherford County.

So what can you do to avoid an accident while you thaw out from the snow and ice? The Goodlettsville car accident attorneys with Ponce Law suggest only leaving your house if it’s necessary. Staying off the roads is the safest thing you can do until the snow and ice melts. If you must drive during this weather, remember these tips to help keep you safe:

  • Buckle Up- Wearing a seat belt is one of the best ways to protect yourself in the event you’re involved in an accident.
  • Drive Slowly- Travel at speeds that allow you to control the vehicle’s pace on icy streets.
  • Watch for ice- Slow down significantly when you see icy patches in the road.
  • Don’t Slam Your Brakes- If you lose control of your vehicle due to a loss of traction on the road, the last thing you’ll want to do is apply heavy pressure to the brakes. Instead, shift into a lower gear. If the vehicle begins to spin, lightly apply pressure to the gas pedal and turn into the spin. This should help you regain control of the vehicle.

At Ponce Law, we know the hazards winter weather can pose on the road, and our Nashville personal injury lawyers are hopeful these tips help keep you safe during this storm.


Civil and Criminal Penalties After Tennessee Motorcycle Accidents

by Keith Adkins | February 13th, 2015

Spring is just around the corner in Middle Tennessee, and you can expect to see more motorcycles on the road. Unfortunately, many motorists fail to yield to bikers—causing an increase in Tennessee motorcycle accident numbers. Data shows there have been 167 crashes over the past three years caused by motorists who failed to yield the right-of-way to motorcyclists while turning left.

When such an accident occurs, there are two ways to hold the responsible driver accountable—criminal and civil penalties.The ability to seek these penalties depends on the facts of the accident.

Take the case of a father who is distraught because the motorist who killed his son in a Tennessee motorcycle accident will not face criminal charges due to the location where the accident occurred.

WSMV 4 News reports the victim was riding a Harley-Davidson motorcycle along Gallatin Road in Nashville when the driver of an SUV failed to yield the right-of-way and struck the motorcyclist. He was taken to the hospital, but died a short time later.

The victim’s father had pushed for charges to be filed against the driver of the SUV, but the District Attorney’s office passed on prosecuting the case because the law states a driver can only be charged for failing to yield the right-of-way at an intersection. Since the accident didn’t happen at a road crossing, no charges are filed.

The prosecutor’s office did point out the driver could be held liable in civil court though, where the burden of proof and laws regarding liability are much different. The Nashville personal injury attorneys with Ponce Law point out that if you’re considering filing a civil case against a driver who injured you in a Tennessee motorcycle accident, an experienced lawyer can help answer any questions you may have.

How Does the Tennessee Healthy Workplace Act Protect Workers?

by Keith Adkins | February 11th, 2015

Many Tennesseans get along well with their bosses and coworkers, but some deal with abuse, discrimination, and bullying on the job. The Nashville employment lawyers with Ponce Law want anyone who is the victim of such behaviors to know there are laws protecting you and help is available.

An article from The Wall Street Journal reports that last year, Tennessee passed a law called the Healthy Workplace Act. This piece of legislation states that individual employees in the public sector can be held liable for abusive or discriminatory acts. Furthermore, the law encourages organizations to create policies that will curb bullying, sexual harassment, and other such behaviors.

Having legislation like this on the books is one thing, but holding those who break Tennessee employment laws accountable for their actions is another. The process of filing a claim, presenting evidence, negotiating a settlement, and even going to trial can be complicated.

At Ponce Law, we have years of experience helping employees who have been harmed on the job get the compensation they deserve, and our lawyers have the knowledge to help answer your questions about discrimination or abuse on the job in Tennessee. Call us today at (888) 977-9912.


The Best and Worst Entries From Tennessee’s Latest Highway Safety Contest

by Keith Adkins | February 9th, 2015

The Tennessee Department of Transportation (TDOT) held a contest to see who can come up with the catchiest safety slogan to help reduce Tennessee car accident numbers. Today, we’re excited to share the saying that was selected—as well as a few that didn’t make the cut.

From “Drive With A Buzz, Deal With The Fuzz” to “ I like you better in your lane,” there were plenty of quirky quips submitted to the latest Tennessee safety contest. Not all of the 3,400 entries were up to par,though. So, B.J. Doughty, the Director of Communications and Community Relations for TDOT, shared a few of the rejected slogans with WKRN 2 News.

On the other hand, there were some very effective ideas. More than 9,000 votes were cast, and the five favorite messages selected to grace hundreds of electronic overhead signs that line Tennessee’s highways include:

  • “Texting and Driving? Oh, cell no!”
  • “Exit To Text It.”
  • “It’s Tennessee. Slow down and enjoy the view.”
  • “Hey you! Yeah you! Hang up and drive.”
  • “Tailgating is for the game, not the road.”

At Ponce Law, we recognize the importance of highway safety. Our Nashville personal injury lawyers would like to congratulate those who came up with the winning slogans. We are hopeful these messages will be effective in reducing Tennessee car accident rates.

Can New Technology Reduce Tennessee Drunk Driving Accident Rates?

by Keith Adkins | February 6th, 2015

Despite best efforts, drunk driving continues to be a problem on Tennessee’s roadways. The newest data from the Tennessee Highway Patrol shows more motorists were arrested for driving under the influence last year than in 2013. That same year, drunk driving fatalities represented almost 30 percent of all highway deaths.

So what can we do to reduce Tennessee drunk driving accidents? What if law enforcement could predict where drunk drivers will be? This may seem like wishful thinking, but new technology may make this a reality sooner than later.

According to an article from My FOX Memphis, the Tennessee Highway Patrol plans to use software that can predict where accidents will occur to guess which roads, highways, and intersections are most likely to be traveled by drunk drivers.

The technology currently uses time, date, weather conditions, and traffic patterns to determine where collisions are most likely. A new version of the software will use similar variables to hypothesize about the locations of drunk drivers.

Officials say the information obtained from the software can be used to determine where saturation patrols and checkpoints should stationed.

At Ponce Law, we’ve seen the impact that Tennessee drunk driving accidents can have on victims and their families, and our Nashville car accident attorneys are hopeful this new technology can be used to better protect our state’s motorists from drunk drivers.