personal injury attorneys murfreesboro tn

How To Pursue A Personal Injury Claim

If you have been injured due to the negligence of another party, you may have the right to pursue a personal injury claim against that individual. While the first step is always to get the appropriate medical attention to any injuries you may have received, you will also want to secure a personal injury attorney to help you with your claim and legal battle as soon as possible. While every case is unique, and not all cases require each of the steps outlined below, Henderson, Raque & Cain Law Firm in Murfreesboro, TN wanted to provide a guideline to follow when pursuing a personal injury claim. As with any personal injury claims, please consult a personal injury lawyer prior to trying to handle things on your own.

Pursuing A Personal Injury Claim

Understand and evaluate your claim, get educated regarding the legal process for personal injury cases in Tennessee and determine any deadlines that apply.
Find out who the opposing sides insurance company is and contact them giving notice of the claim.
Collect all of the evidence: Including police accident reports, medical records, other bills and necessary affidavits, photographs, drawings, etc.
Prepare a list of witnesses and begin to interview them to find out what they know
Assess any legal parameters related to your personal injury claim and any damage limits that may apply.
Analyze the medical records and discuss injuries and assessment of your healthcare providers.
Understand whether a settlement negotiation should be pursued or if a suit needs to be filed in the case.
If a lawsuit is filed, organize and prepare the client, witnesses, and the health-care providers for depositions and possible trial testimony.
Prepare and respond to “discovery” – formal, written questions and requests for documentation that can be served by either party on the other.
Setup your case for a trial.
Prepare for and go to mediation or arbitration, where appropriate. Prepare and file any necessary briefs and motions with the court.
Try the case before a judge or jury
Review the verdict to see if either party has grounds for appeal. If the client does not receive the verdict they were expecting, discuss and advise the client as to whether or not they should appeal the case.

If you have been involved in a personal injury claim in Murfreesboro or Rutherford County, TN, contact the personal injury attorneys at Henderson, Raque & Cain today to schedule a consultation to begin pursuing a personal injury claim. Give us a call or fill out our online form to request a consultation.

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About Henderson, Raque & Cain Law Firm

Henderson, Raque, and Cain is a law firm in Murfreesboro, TN dedicated to the rights of our clients. Our experienced attorneys are specialize in specific areas of law to ensure you get the representation you deserve for your situation. Whether you are facing DUI charges, need a divorce attorney, would like to file a workers’ compensation or personal injury claim, you can find the experienced, dedicated legal help you deserve with our Murfreesboro attorneys. We have represented clients throughout Rutherford County in state and federal courts for decades, providing professional service with integrity. Our law firm is built on experience, dedication to quality, and proven legal insight.

We are ready to listen to you about your personal injury, family law, or criminal defense case, ready to understand your circumstances, needs, and goals. At every step, you can rely on us to be approachable, responsive, and efficient, communicating with you throughout your case to keep you informed of your rights and what to expect in your case. We understand that your rights, your financial well-being, and your future could all be at stake. Our Murfreesboro law firm is dedicated to getting you results.

Important Qualities Of A Divorce Attorney

If you are going through a divorce or potentially looking to go through a divorce, this can be one of the most stressful situations of your life. There are so many things to plan for and consider when going through this process and everything can be very overwhelming at times. Finding the right divorce attorney to help you along with this process will not only help you with the stress, anxieties and legwork that goes into your divorce situation, an experienced divorce attorney will also help you better prepare you for your divorce process to help you get the desired outcome you want and expect. The divorce lawyer you want will generally have a few characteristics we wanted to outline below as you begin your search for a top divorce attorney in Murfreesboro, TN.

Communication Is Key

If you are unable to communicate well with your divorce attorney, this is a big problem. You need an attorney that is not only willing and able to listen to you and your concerns but also able to effectively communicate to you your case and realistic expectations. Some attorneys may promise the moon but this is not beneficial to you or your situation. The best divorce attorneys will give you both positive and negative feedback based on your situation and rights. They will also be able to provide you with what to do and how to go about your relationships throughout the divorce litigation process.

Not only is communication with you important, but also communication with your spouse, spouses attorney, witnesses and others involved in the case. Effective communication with the opposing attorney can lead to better outcomes for you in your case and a much shorter divorce legal battle.

When you do go to court, your divorce lawyer will need to effectively articulate your defense to the judge in positive light.

Experience Matters

An experienced divorce attorney will be invaluable to you throughout your divorce situation. They should have been through hundreds of divorce cases to understand the nuances of different divorce situations. Every divorce is unique however a highly skilled divorce attorney can rely on some their previous experiences to help you with your case. Your divorce is likely to effect all areas of your life so ensuring you have a divorce attorney that can represent you will is crucial.

An experienced divorce attorney will have relationships with the judges, other attorneys and understand the legal processes and your rights as you go through the process. You will want to ensure your divorce attorney has had experience in all areas of family law that you may be looking to face, ie. child support, spousal support, etc.

Availability

The availability of your divorce attorney to you is going to give you the peace of mind that your attorney cares and is dedicated to your cause. You want an attorney who is available and has a team around them that will work with you throughout your case. At Henderson, Raque & Cain, our team of dedicated divorce attorneys in Murfreesboro, TN work together to fight for our clients rights. If your attorney is in the middle of a hearing, you can rest assured that another experienced divorce attorney in our office will be able to help you with the information you may need when you need it.

When you work with Henderson, Raque & Cain, you not only get an attorney that is dedicated to your case, you get a team of experienced attorneys that will help you.

Support And Resources

Along with availability, you will want to work with a law firm that has the support and resources to help you throughout every step of your divorce. At Henderson, Raque & Cain, our experienced divorce and family law attorneys have the staff and network to help you with all aspects of your divorce situation. We have the resources available to prepare your divorce case in a timely manner to get you past this situation and on with your life.

If you are planning a divorce or looking for an experienced divorce attorney in Murfreesboro, TN, Henderson, Raque & Cain has the attorneys you need to help you with your case. Give us a call or fill out our online form to schedule a consultation with one of our divorce attorneys today.

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How Do I Handle A Personal Injury

If you have been in a personal injury, what to do next can be very confusing and overwhelming. You may not know what to do or where to turn if you or a loved one has been injured due to someone’s negligence or wrongdoing however contacting an experienced personal injury attorney in Murfreesboro, TN like Henderson, Raque & Cain can help relieve a lot of the stress and anxiety that comes with any personal injury. Our compassionate personal injury lawyers will help to strategize the best legal defense to help you get back to your normal life again and get you the benefits you are entitled to. Here are a few things to keep in mind if you have been involved in a personal injury of any kind.

Seek Medical Help: If you or someone you know has suffered a personal injury, the very first thing you should do is seek medical attention. Even if your injuries are not readily apparent, you should see a doctor because many injuries are not immediately obvious and some jurisdictions now require that you seek medical attention within a specified period of time or lose your ability to bring a claim. Just because an injury may not be apparent immediately does not mean that an injury was not caused. Getting proper medical attention immediately is important to properly diagnose your injuries from the accident itself and will be instrumental in your personal injury claim.

Contact a Personal Injury Attorney: Immediately after seeking the appropriate medical attention you may need, contact a personal injury attorney. After hearing the details of your accident and injury, your attorney can advise you on whether or not you have a valid personal injury claim.

Participate in the Investigation: Once you have an attorney, they will thoroughly investigate your accident and begin planning how to prove your injuries were a direct result of someone else’s negligence or wrongdoing. Henderson, Raque & Cain has the resources of accident reconstruction specialists, doctors, and other professionals who will analyze the incident and your injuries to determine what happened, who was at fault, and how seriously you or your loved ones were injured. Working closely with your attorney throughout the process can ensure that your claim is handled swiftly and effectively.

Discuss What Kind of Compensation You Should Receive: There are several items for which you may be compensated, depending on the nature of your injuries. Your attorney will best be able to advise you as to what you can expect to receive money for, but some common examples include doctor visits, prescriptions, medical equipment, at-home care, funeral expenses, lost wages, pain and suffering and punitive damages.

If you feel you have been involved in a personal injury of any kind, do not hesitate and act immediately. Seek medical help and then contact the personal injury attorneys at Henderson, Raque & Cain in Murfreesboro, TN to begin the restoration process to getting you back to your normal life again.

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workers compensation lawyers murfreesboro tn

How Are Tennessee Workers Compensation Claims Handled

Henderson, Raque & Cain Law Firm would like to provide you with some information on how Tennessee workers compensation claims are handled and whether it may be in your best interest to file a workers compensation claim. If you have been injured on the job and you became injured on the job as a direct result of a work-related accident or develop an occupational disease due to an exposure at the workplace, you should be able to file a workers compensation claim. Generally, you can’t sue an employer for a work related injury except on rare occasions in which you may want to seek an attorneys advice.

Any work-related injury or occupational disease that necessitates medical care, or results in the employee’s death or absence from work, is considered a valid workers’ compensation injury or illness under Tennessee workers compensation law as long as the injury happens within the scope and course of your employment.

Filing Your Claim Immediately:

Workers’ compensation benefits are designed to return those suffering a compensable workplace injury to their health and to their jobs as quickly as possible. Injured workers will be provided with the appropriate medical treatment, deemed medically necessary by an authorized treating physician, to recover from a compensable work-related injury or illness. If the authorized treating physician reduces the hours of work or takes an injured worker off work, lost wages may be replaced with temporary disability benefits, depending on how much time is missed.

If you are injured at work, you should report your injury to your supervisor immediately. Effective for injuries occurring on or after July 1, 2016, employees generally have fifteen (15) calendar days from when they knew or should have known about their suspected injury to report it to their employer. It is illegal for an employer to fire an employee for reporting a work injury. If an injured employee is fired and believes it was for reporting a work injury, the employee may wish to consult an attorney. https://www.tn.gov/workforce/injuries-at-work/injured-workers/injured-workers/filing-a-claim.html

Can You Be Fired For Reporting A Workers Compensation Claim?

Absolutely Not! It is illegal for an employer to fire an employee for reporting a work injury. If an injured employee is fired and believes it was for reporting a work injury, the employee may wish to consult a workers compensation attorney.

What If My claim Is Denied?

When a claim is denied, it means your employer’s workers’ compensation insurance adjuster believes your injury is not compensable, meaning that it is not covered by workers’ compensation. If the adjuster denies your claim, you have a right to challenge the decision. The right to receive workers’ compensation benefits does not stay open forever. In most cases, the deadline to file the request is one year from the date the injury occurred; or the date the last temporary disability benefits were paid or medical benefits were provided for the injury, whichever is latest. If a dispute regarding compensability occurs, an injured employee may seek help resolving the dispute from the Bureau.

Workers Compensation Benefits

Employees who have suffered a compensable injury, meaning that the authorized treating physician has determined it to be work-related, may be entitled to receive the medical and wage replacement benefits as prescribed by the Tennessee workers’ compensation law. Workers’ compensation benefits are provided by employers through their insurance providers or third-party administrators (TPAs).

Medical Benefits: Injured workers who have suffered a compensable workplace injury are entitled to receive medical treatment, at no cost, for as long as the authorized treating physician (ATP) relates it to the work-related injury. Medical benefits include medical care and payment of medical bills.

Temporary Disability Benefits: If you are injured on the job and taken off work by your treating physician, you may be entitled to temporary disability benefits for the time you miss from work. Temporary disability benefits are paid by the insurance company (or self-insured employer) to replace lost wages when taken off work.

Permanent Disability Benefits: Permanent Disability benefits are designed to help replace wages lost if an injury leaves an employee with a permanent impairment and the employee is unable or less able to work after the injury. Permanent Disability Benefits are paid by the insurance company or self-insured employer and are to replace lost wages. These benefits are not paid by the Tennessee Bureau of Workers’ Compensation.

Death Benefits: When a compensable workplace injury results in the death of a covered employee, Death Benefits are available to the surviving dependents. Death Benefits are paid by the insurance company or self-insured employer and are to replace lost wages. These benefits are not paid by the Tennessee Bureau of Workers’ Compensation.

Returning To Work

Returning to work safely and promptly after a work-related injury can help in your recovery. It can also help you avoid financial losses from being off work. If you are hurt on the job, several people will work with you to help return you to work as quickly as possible. These people include:

Your authorized treating physician;
Your employer (supervisors or others in management);
Your insurance claims adjuster; and,
Your attorney, if you have one.

If you were injured as a result of a workplace injury, it is always best to consult a workers compensation attorney to help you navigate this process and to ensure you are receiving the benefits in which you are entitled. Call or email the workers compensation lawyers of Henderson, Raque & Cain to schedule a legal review of your claim.

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What To Know When Going Through A Child Custody Case

If you have children under 18 and are going through a divorce, you will most likely going to have to face a child custody situation. The laws vary by state and the child support laws in Tennessee are pretty clear. What is not always clear is how the courts will handle the children in each child support case and who will be the custodial parent and who will be the non-custodial parent. Our Murfreesboro family law attorneys have helped parents with child custody cases for decades and have the experience, knowledge and network to help you get the best legal defense to represent your case. If you are about to go through a child custody situation, you want to ensure you have a top family law attorney that can help you strategize for your unique situation. We would like to provide you with a few things to think about as you begin this process.

How To Prepare For Your Child Custody Case

Here are a few things to think about as you prepare for your child custody case:

Understand the child custody and child support laws of Tennessee. This will help as you prepare for your case however your family law attorney will also thoroughly understand these laws and can help you with a better understanding.
Bring appropriate documents to court: Your Murfreesboro family law attorney will help you with what documents will help your case but having items like your financial records, payment history, visitations schedule as well as others.
Proper courtroom etiquette and appearance: Dress the part as you only get a first impression once. Be polite and respectful to the judge as well as everyone in the courtroom. Everyone is watching so you don’t want to do or say something that could give someone the wrong impression about you.
Do as the judge tells you: This is so important in so many ways. Always listen and do what the judge tells you. And whatever the outcome, do what the judge says. There is always the ability to come back to change the outcome of the case and you don’t want to cause any issues with the judge.

Changing Your Child Support Amount

There is often times good reason for changing the amount of child support owed by either party. The party receiving child support may feel the other party has received a raise or a higher paying job and want to file a motion for increased payments. Likewise, the individual paying child support may have lost a job or had their wages decreased and want to file a motion to reduce child support. Either way, this will need to go in front of a judge for a legal sign off for child support payments to be reduced.

Pay Your Child Support Payments

Not paying your child support payments can have serious consequences. Paying even partial payments can put you in a situation in which you are in contempt of court to have you back in front of a judge explaining why you are not paying. This may also put a negative light on your character inhibiting your ability to gain custody down the road. In addition, the judge can order you to pay all back payments then and there, put you in jail or garnish wages.

The best situation is to ensure you have a great legal team from the start to ensure that you can potentially not have to pay child support or to pay only what is required.

If you are about to go through a divorce or child custody case, give the law offices of Henderson, Raque & Cain a call or fill out our online form today.

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Why Divorce Filings Tend To Spike In January

We just got through the holidays and everyone was able to enjoy time spent with family, friends and love ones. Beautiful Christmas lights, lots of food and happy music everywhere! Although this is a time that is generally a joyous time, after New Years, we tend to see a spike in divorce filings. Generally parents may already come to an understanding prior to the holidays that they would like to separate however they want to get through the holidays with friends and family before moving forward with the divorce proceedings. There are also many stresses for families during the holidays that can cause a lot of strife in a marriage whether that’s financial or family related. There are many resources couples can utilize to help them deal with stressful situations and to help with getting finances into check. We always like to recommend mending your relationship if at all possible before going that extra step of going through a divorce.

If you have made that final decision of moving forward with your divorce, the divorce attorneys at Henderson, Raque & Cain in Murfreesboro, TN can help you through this stressful situation. We provide strategic consultations with our clients to help with all aspects of divorce and family law so you can focus on your work, family and daily lives limiting the strain this can cause on you and your family. We provide legal services around the following areas when it comes to divorce and family law:

Alimony
Who is at fault
Temporary Financial Support
Property
Debts
Retirement accounts & pension plans
Which parent will be the primary residential parent
Parenting time and the visitation schedule
Child Support
Which parent must provide health insurance benefits
Which parent will be responsible for making major decisions for the children

If you are looking to file for divorce or would just like some legal advice when it comes to family law and divorce, call or email our Murfreesboro divorce attorneys today to set up a consultation.

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How To Prepare For A Child Custody Case

For most parents going through a divorce or legal separation, child custody rights are the most important factor. Parents go from seeing there kids everyday to a couple of days a week or less depending on the situation and being able to get as much time with your children through the legal process up front is much easier than trying to go after child custody after the judge has made their initial ruling. We want to provide you with a few ideas on where to start as you begin this next chapter in your life.

Hire An Experienced Family Law Attorney: Hiring an experienced family law attorney is generally a good first step. Your attorney will understand the laws and the legal system to be able to help navigate and go through the process effectively. They will also be able to help you strategize a plan, gather information needed for the courts and provide an objective frame of mind as you prepare for your case.

Prepare For The Child Custody Court Date: This is something your attorney will be able to help you with but the more you can prepare the more you can help your attorney defend you. Read over your states custody laws, gather information from friends and family, complete the forms are just a few of the things to consider. The time in front of the judge is short so you will want to be fully prepared and concise.

Appropriate Dress For The Hearing: This may seem trivial however we have seen a lot of people show up in ragged clothing that does not help their case. You want to impress the judge and let them know that you are the right person to have custody of your children. Wear a suit or a nice button down shirt with dress slacks.

Be Respectful Of The Judge’s Decision: No matter what the outcome, be respectful of the judges decision. You will always be able to appeal the decision at another date. Listen to his comments and make sure that you do what he says so the next time around it can’t be used against you.

If you are about to go through a child custody hearing, give Henderson, Raque & Cain Law Firm a call or fill out our online form to request a consultation.

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workers compensation attorneys murfreesboro tn

Should I Hire A Workers Compensation Attorney

Workers compensation claims are designed to be relatively straight forward when there is a claim that is clear cut. However, a workers compensation claim is not always clear whether it is your employers fault and the insurance company may not always be so willing to pay the claim. If you believe you were injured at work or because of a work related task and the insurance company is disputing it in any way, you should hire an effective workers compensation attorney to help you with your case. A good workers compensation lawyer will help you gather evidence, request depositions, help you with obtaining a medical review and help you build your workers compensation claim to help you prove your rights.

Oftentimes, an insurance company will deny the claims stating that it is not work related or that the workers compensation claim was filed too late. This would be a very good reason to hire a workers compensation attorney and hire them early to help prove your case and to ensure your claim is filed in a timely manner.

If your workers compensation claim has to do with permanent disability, the insurance company may also disagree with your permanent disability rating by your medical doctors. They will require you to go to a doctor of their choosing which can lower the disability rating you receive and ultimately lower the benefits you receive. An effective workers compensation attorney will help justify your workers compensation claims in court and to the judge.

Sometimes, you may experience you are having trouble getting the treatments you deserve because the insurance is not paying or delay paying the claims. A workers compensation attorney can go directly to the insurance company to ensure they are paying the full amount they are responsible for and in a timely fashion.

If you feel that you are not getting the workers compensation benefits you deserve or the insurance company is trying to deny your claims for any reason, give Henderson, Raque & Cain Law Firm a call today or fill out our online form to request a consultation.

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veterans disability attorneys murfreesboro tn

Veterans Disability Benefits Attorneys Murfreesboro TN

In the spirit of keeping with Veterans Day, Henderson, Raque & Cain Law Firm would like say thank you to all of our vets, current military and their families for serving our nation. We are a wonderful nation and owe it to our wonderful vets and active military forces. We can’t even begin to understand what you all have been through however we love to help our veterans get the veterans disability benefits they deserve. We provide experienced veterans disability attorneys in Murfreesboro, TN that can help you get the benefits you are owed and in a timely manner.

Our veterans disability lawyers will fight for your benefits until you get everything that you deserve for fighting for our country. We can help you get the disability compensation you are owed and then help you manage your disability benefits. VA.gov states that “VA disability compensation (pay) offers a monthly tax-free payment to Veterans who got sick or injured while serving in the military and to Veterans whose service made an existing condition worse. You may qualify for VA disability benefits for physical conditions (like a chronic illness or injury) and mental health conditions (like PTSD) that developed before, during, or after service”.(Read more here)

We understand the veterans disability benefits laws and processes to get you paid without you having to go thorough the stress and headaches of doing it yourself. We are able to get you all of the benefits you deserve through our understanding of all of the laws and requirements needed to obtain these benefits.

If you are a current veteran looking to get the benefits you deserve, call the veterans disability attorneys at Henderson, Raque & Cain Law Firm today.

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How Can A Divorce Attorney Help Me

Going through a divorce can be an incredibly difficult and emotional time for both the individuals as well as the children that may be involved. Having the right legal representation can help you keep your emotions in check and help you strategize your divorce focus to ensure you get the best possible outcome for yourself as well as your family. Henderson, Raque & Cain Law Firm provide top divorce attorneys in Murfreesboro, TN and our experience helping our clients throughout the divorce process has helped them through the entire process. Here are a few ways in which we can help you through your divorce process.

Benefits Of A Divorce Attorney

Objective Advice: A professional divorce attorney will be able to provide objective advice based on the experience they have had through previous divorce cases as well as the existing laws and regulations in place. We keep emotions out of the equation to ensure we are helping you focus on the end goal.
Property Dissolution: An educated divorce attorney can effectively explain how property should be treated in the divorce. Did you own property before the marriage or obtain during the marriage? How do the laws effect certain types of properties. These are just some of the things to consider.
Debt Disbursement: How will your debt be treated. Will it be split down the middle or should certain debts be treated differently.
Child Custody: How will child custody be handled. An effective divorce attorney can help you with going about a child custody dispute.
Spousal Support/Child Support: How will child custody payments be made and how much will the child custody payments be. We can help you with these issues to ensure you are obtaining the proper amounts or are not paying more than you’re legally required to.

At Henderson, Raque & Cain, our Murfreesboro, TN divorce attorneys care about our clients and help with every legal aspect of the divorce process. Give us a call today or fill out our online form to request a consultation.

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About Henderson, Raque & Cain Law Firm

We are ready to listen to you about your personal injury, family law, or criminal defensecase, ready to understand your circumstances, needs, and goals. At every step, you can rely on us to be approachable, responsive, and efficient, communicating with you throughout your case to keep you informed of your rights and what to expect in your case. We understand that your rights, your financial well-being, and your future could all be at stake. Our Murfreesboro law firm is dedicated to getting you results.