in Tennessee
Results
$260,000.00 Obtained for an Automobile Collision - Docket No.: 10-CV-656
$100,000.00 Obtained for an Automobile Accident (policy limits) - Docket No.: 09C2920
$100,000.00 Obtained for head on collision, Automobile Accident (policy limits)
Gary Hardison - Business Owner
Mr. Hardison was a self-employed, hard-working, business owner who ran his own electric service business in Williamson County, Tennessee. He followed all the rules, had employees working for him and engaged in much of the physical work himself. Mr. Hardison also kept his workers' compensation coverage updated on his business by timely paying his premiums.
Unfortunately, on June 2, 2004, Mr. Hardison seriously injured his neck while using a jackhammer on one of his jobs. He sought medical treatment shortly after his injury. As days passed, Mr. Hardison never got better but instead, got worse.
Mr. Hardison reported his injury to his workers' compensation insurance carrier fully expecting them to support him during such a difficult and uncertain time. Instead of accepting the claim, paying for his medical care and providing him payment benefits while he was off work for medical treatment, the insurance company refused to accept his claim.
Three months after his injury, Mr. Hardison underwent surgery on his neck. He was told by his doctor that he would never fully recover and that his neck injury was permanent. With no income coming in and facing an uncertain future, Mr. Hardison called Attorney Jim Tiller.
Jim handled the lawsuit in the Circuit Court of Williamson County. (Case No. 05331). The insurance company continued to deny the claim.
On the eve of going to trial, Jim obtained a settlement for Mr. Hardison for nearly $200,000.00.
George Wallace - Factory Employee
For over thirty (30) years, Mr. Wallace was a hard working, industrious employee for a local factory in Davidson County, Tennessee. Mr. Wallace truly believed that his years of dedication and loyalty to his employer would be honored and remembered in kind.
However, on August 13, 2007, Mr. Wallace seriously injured his right shoulder while working on the job. Mr. Wallace went to the workers' compensation doctor who later did surgery on his shoulder.
The doctor told Mr. Wallace that even though he had sustained a permanent injury to his shoulder, he would be fine to go back to work without restrictions. Instead of taking Mr. Wallace back to work, his employer let him go saying that they no longer needed him.
Mr. Wallace hired Jim Tiller as his attorney. When the employer's insurance company tried to settle Mr. Wallace's case for much less money than the case's worth, Jim advised Mr. Wallace not to take the quick money. Mr. Wallace turned down the settlement offer and Jim filed a lawsuit in the Davidson County Chancery Court. (Case No. 08-2474-III).
Shortly before trial, Jim obtained a settlement for $105,000.00 for Mr. Wallace; a substantially larger settlement than what was initially offered at mediation.
Gene Luna - State Employee
Mr. Luna was a long time employee with the State of Tennessee when he injured his back at work. Mr. Luna, recognizing the need to call an attorney right away called a well known, highly advertised law firm in Nashville, Tennessee.
At the time, Mr. Luna did not know how bad he was hurt. The well-known law firm thought that Mr. Luna's case was too small and was not interested in helping Mr. Luna. Mr. Luna's workers' compensation doctor returned him back to work after some conservative treatment. Mr. Luna's back was still hurting him.
Mr. Luna called Jim Tiller. Jim agreed to help Mr. Luna.
Jim helped get Mr. Luna the medical care and benefits he needed. Mr. Luna went back to the doctor and further tests revealed a herniated disc in his lumbar spine. Mr. Luna's injury required serious surgery and Mr. Luna's recuperation was long and difficult.
Jim stood by Mr. Luna throughout his case and gave him the legal help he needed each step of the way.
When the workers' compensation doctor gave Mr. Luna a minimal rating of medical disability to Mr. Luna's back, Jim was able to get Mr. Luna to a doctor whose evaluation gave Mr. Luna a much larger rating. This resulted in Jim getting Mr. Luna more than double what Mr. Luna was initially offered by the employer.
Pamela Cockrill - Restaurant Employee
Mrs. Cockrill was injured on the job while working in a fast food restaurant. She sustained a painful rotator cuff tear while lifting something heavy. The company denied her claim and fought her vigorously the whole way. Despite the opposition from a huge, well-established, franchise, chain restaurant, Jim took her case all the way to trial in the Davidson County Chancery Court and won her a generous, lump sum award.
Joyce Austin - Factory Worker
At the time of her injury, Joyce was by all accounts a hard working employee who worked for a factory all day long in a job that was physically strenuous and demanding. On average, she worked anywhere from 60 to 72 hours a week.
Over a period of time, because of the stress and strain on her back, Ms. Austin sustained a gradual injury to her back sometime in August of 2002. Ms. Austin's employer knew she was having back problems on the job due to the demands of her work but never offered to send her to a workers' compensation doctor. On one occasion, Ms. Austin was in the shower room in tears and walking with a cane because the pain was so bad.
Ms. Austin went to a doctor for her symptoms and later underwent surgery to her back for a herniated disc. Her employer denied the claim and then sued Ms. Austin in court for a ruling on her workers' compensation claim.
Jim, along with another highly effective attorney, Joseph K. Dughman, took over Ms. Austin's case. The case went to trial in the Chancery Court of Davidson County on December 12, 2005. (Case No. 02-3885-III). Ms. Austin won on the issue of sustaining a work-related injury but the Chancellor also ruled that Ms. Austin failed to give the required notice of the injury to her employer within the time frame set forth in the workers' compensation statute.
Jim continued to press on believing in Ms. Austin and her case. Undeterred by the trial court's decision, Jim and Joe filed an appeal with the Tennessee Supreme Court Special Workers' Compensation Division. After weighing the evidence, hearing the oral arguments of the lawyers and reading the appellate briefs filed, the Appellate Court reversed the trial court's decision.
With determination and perseverance, Jim helped Ms. Austin win an important moral, legal and financial victory.
Christine Pesce - Aircraft Plant Employee
Christine worked at an aircraft plant in Middle Tennessee when she fell injuring her left knee on August 23, 2003. A bone fragment had to be removed from her knee during surgery and it left her with a painful and permanent injury to her knee.
Ms. Pesce wasted no time seeking legal help. Jim began immediately to help protect Ms. Pesce's interest and to help navigate her through the legal morass of workers' compensation law.
The employer, while accepting the claim, denied that Ms. Pesce's injury was serious enough to entitle her to the money that Jim felt the case was worth. The employer refused to offer a settlement amount that would have been reasonable and fair under the circumstances.
The case went to trial in Nashville and the court ruled that Ms. Pesce' sustained a 50% disability to her left leg as a result of the injury. (Case No. 03C-3354). This award resulted in a considerably larger amount of money for Ms. Pesce than what the employer had offered during any of the settlement negotiations.
The employer appealed the trial court's ruling to the Tennessee Supreme Court Special Workers' Compensation Appeals Panel at Nashville. (Appellate Case No., M2006-00012-WC-R3-CV) (Westlaw Case No., at 2007 WL 906707).
Jim continued fighting for Ms. Pesce on appeal. Following the appeals process, the Appellate Court came back with a decision that upheld the trial court. Ms. Pesce's victory was final at last.