Adding people to small claims case

[auntphibian]

What is the name of your state? TN

In August 3022, i had a contractor do work at my house before we had a contract. They ruined my fence on that side and their equipment tore the dirt up and exposed an electrical wire going to my pool.

Well, I didn't see it and all the exposed roots while trying to get my fence up before my animals got out. The fence still needs replaced.

I tripped over the wire. I thought I exasperated my current issues, but almost a year ago, I found I gave 2 issues from it needing surgery.

My question is, with a 1 year statute of limitations but wasn't allowed the MRI until after PT, is the 1 year from when I was diagnosed with a surgical issue? I need to file by Friday.

There is a lot to this story, but let's start here. I can't find an attorney...I've tried.
Thank you!

 

[adjusterjack]

You mean 2022.

You mean you can't find an attorney who will take the case on a contingency.

What are the attorneys telling you about your case?

How much money do you want from the contractor?

 

[commentator]

My first thoughts are "why would you think a contractor would have money for you to get in a lawsuit?" as in the old can't get blood out of a turnip saying. Most contractors are not just rolling in wealth and if sued would promptly declare themselves indigent. It's what I have usually seen happen when someone sues a contractor in my area wihich is in TN. You see all kinds of people seeking relief and justice from contractor poor performance on our local news channels.

And of course, no lawyer will take a case without you throwing them a bunch of money if they do not see any chance at all of you having any financial recourse in this situation.

My other thought is that if you couldn't have an MRI until you had had physical therapy, that was because you are on Medicare and wanted them to pay for the MRI (of course.) They are the big insist on you having physical therapy first folks. Which probably means you're old enough to be Medicare eligible. It's not like you might not have had a trip and fall outside your home fixing fence even if there had been no contractor and no work done. I am assuming you mean that you had exacerbated (as in made worse) your current issues, so this assumes that you had some issues before you tripped and fell?

 

[quincy]

What is the name of your state? TN

In August 3022 I had a contractor do work at my house before we had a contract. They ruined my fence on that side and their equipment tore the dirt up and exposed an electrical wire going to my pool.

Well, I didn't see it and all the exposed roots while trying to get my fence up before my animals got out. The fence still needs replaced.

I tripped over the wire. I thought I exasperated my current issues, but almost a year ago, I found I gave 2 issues from it needing surgery.

My question is, with a 1 year statute of limitations but wasn't allowed the MRI until after PT, is the 1 year from when I was diagnosed with a surgical issue? I need to file by Friday.

There is a lot to this story, but let's start here. I can't find an attorney...I've tried.
Thank you!

Time flies.

Not only do you have a problem with trying to file a claim after the statute of limitations period has passed, you also have a problem trying to connect your injury to negligence by the contractor after this amount of time.

 

[zddoodah]

My question is, with a 1 year statute of limitations but wasn't allowed the MRI until after PT, is the 1 year from when I was diagnosed with a surgical issue?

In Tennessee, a lawsuit for a personal injury based on alleged negligence must be filed within one year of the date of accrual of the cause of action. A cause of action for negligence accrues when facts supporting all elements have occurred. In the situation you described, the cause of action accrued on the date you "tripped over the wire." The fact that you subsequently discovered additional injuries from that incident didn't restart the SOL.

I can't find an attorney...I've tried.

Probably because your case is time-barred.

 

[auntphibian]

You mean 2022.

You mean you can't find an attorney who will take the case on a contingency.

What are the attorneys telling you about your case?

How much money do you want from the contractor?

I never get to speak to an attorney, just the gatekeepers.

I don't know how much. I have to have surgery and they did pretty significant damage to my property.

 

[auntphibian]

In Tennessee, a lawsuit for a personal injury based on alleged negligence must be filed within one year of the date of accrual of the cause of action. A cause of action for negligence accrues when facts supporting all elements have occurred. In the situation you described, the cause of action accrued on the date you "tripped over the wire." The fact that you subsequently discovered additional injuries from that incident didn't restart the SOL.




Probably because your case is time-barred.

That's kind of what I thought.

 

[auntphibian]

Time flies.

Not only do you have a problem with trying to file a claim after the statute of limitations period has passed, you also have a problem trying to connect your injury to negligence by the contractor after this amount of time.

NO, I don't have a problem connecting them. I couldn't get an MRI until after PT, but I was being treated, which took a year. I was going to Dr's about the pain, I just thought it was exacerbated pain.

 

[auntphibian]

That's kind of what I thought.

Sucks because I could get the proper tests until i got PT. That took about a year. There was no way to know the seriousness of the damage.

 

[auntphibian]

My first thoughts are "why would you think a contractor would have money for you to get in a lawsuit?" as in the old can't get blood out of a turnip saying. Most contractors are not just rolling in wealth and if sued would promptly declare themselves indigent. It's what I have usually seen happen when someone sues a contractor in my area wihich is in TN. You see all kinds of people seeking relief and justice from contractor poor performance on our local news channels.

And of course, no lawyer will take a case without you throwing them a bunch of money if they do not see any chance at all of you having any financial recourse in this situation.

My other thought is that if you couldn't have an MRI until you had had physical therapy, that was because you are on Medicare and wanted them to pay for the MRI (of course.) They are the big insist on you having physical therapy first folks. Which probably means you're old enough to be Medicare eligible. It's not like you might not have had a trip and fall outside your home fixing fence even if there had been no contractor and no work done. I am assuming you mean that you had exacerbated (as in made worse) your current issues, so this assumes that you had some issues before you tripped and fell?

I'm disabled but did not have tears in my hip until this injury

There is much more to this story. I didn't hire the guys, I just got an estimate. They came while I slept. They wanted me to commit insurance fraud which I would not do! They wanted 6,000 to take a tree off my roof. Took them about an hour. I, obviously don't have 6,000 so I couldn't hire them. They have no signature to approve the job. When I heard a chainsaw, I didn't know what was going on because I was asleep.

You mean 2022.

You mean you can't find an attorney who will take the case on a contingency.

What are the attorneys telling you about your case?

How much money do you want from the contractor?

Of course I mean 2022. My fingers hit the wrong key sometimes.

 

[auntphibian]

I'm disabled but did not have tears in my hip until this injury

There is much more to this story. I didn't hire the guys, I just got an estimate. They came while I slept. They wanted me to commit insurance fraud which I would not do! They wanted 6,000 to take a tree off my roof. Took them about an hour. I, obviously don't have 6,000 so I couldn't hire them. They have no signature to approve the job. When I heard a chainsaw, I didn't know what was going on because I was asleep. I called my sister, still groggy and she had me look outside. When I saw it was them, I called my ins company to make sure they hadn't hired them. No, they didn't. 1 of the owners lied and said ins did hire them, which was false.
They had the tree down before I got dressed and outside, they were just finishing with logs on the truck.
They never invoiced me. As a matter of fact, when I filled out the estimate form, everything else was blank. They quoted me 6500 but changed it to 6,000 after they left. I have a 5k deductible and knew the damage wouldn't meet that, hence the high charge .

Since they ruined my fence, ran over and broke fence posts abd left without putting the fence up that they piled under the tree and dropped the tree on it. I have a piny and goat behind that fence. They destroyed the grass outside the fence and uncovered the cable inside the fence. He even dud more damage ti my gutters and my pirch had a stick poke a hole in it. He went up and put a tool in it and ripped it. I could have just patched it. They tried ti tell me my damage would be 29-25k. I paid 11 for new roof and gutters.
I asked for their insurance information and they refused to give it to me and,I refused to pay them.
They took me to court and lied many times. Said the witness was just an employee. In cross I got him to admit he also owns the company. The judge asked if I heard the chainsaw. I said between 12 and 12:15. They lied and said they were there from 7 to 1 but then testified they went to insurance Co first. They told me they went to ins at 10 and got here around 11. They said otherwise in court. I have photos to show what time they were gone. He even testified he put my fence up. They would be honest about anything. Judge didn't believe it took them an hour and that I listen ti thunderstorms every night. I can't hear anything in my room.
The burden of proof was supposed to be on them, but I had no way to prove what I was saying because I didn't know I'd need to defend that. Judge gave then the whole 6k.
I appealed but unfortunately I got sick for several months and could not get to 3 of the dates. They had my Dr notes and everything but claimed I was a no show and failed to prosecute and case over.
I filed a Motion to Vacate and I have my court date Sept 3. No attorney will help me, or even talk to me.
I can prove my sleeping habits with testimony from family who knows but they live in Florida.
I put in my motion that I would be calling their attorney to testify about the perjury on owning the company. You can't be a witness if you have something to gain. I now can prove they only wanted 1,000 by their own words.
I'm no attorney and have no idea what to do in court. We are back to the same Judge who let them win.
My plan to get them to pay was garnish wages and lien on houses.
BTW the father only sued me. I said in court that I didn't understand why the business and the son weren't also included, until he was brought as a witness. They committed fraud upon the court and on me!

I have no idea if they have to show up for my Motion or not. I have all my Dr stuff to show how sick I was. Could use advice on proceeding.
Thanks!


Yes, 2022. My fingers hit the wrong key sometimes.

You mean 2022.

You mean you can't find an attorney who will take the case on a contingency.

What are the attorneys telling you about your case?

How much money do you want from the contractor?

 

[commentator]

You should have called the local authorities when you heard that chain saw. I hope you didn't pay them anything for doing unauthorized and unrequested work in your yard. I have certainly seen contractors, mostly pavers, who come in and sort of strong arm people. especially the elderly and do the work without any sort of formal agreement to do it, then try to bully them into paying for it. But if they are this skeevy, the chances of them having a bunch of money to obtain even if you had filed a timely lawsuit, which did not happen, are pretty non-existent.

 

[quincy]

Your longer story confuses me, auntphibian. Could you please tell me if I understand correctly?

You had contractors out to your house to give you an estimate on repairing storm damage, which included removing a tree from your roof. You signed an “estimate form” with a price quoted of $6000.

In the process of removing the tree, the contractors damaged your fence, exposing a cable that you didn’t see and you tripped over it, leading to an injury you discovered only after the statute of limitations expired for filing a personal injury claim.

A court awarded the contractor $6000 for the tree removal after you refused to pay. There is now a judgment against you.

I understand that you didn’t understand all that was going on, with the contractor, the insurance and with the court hearing. I understand that you weren’t aware there was a time limit that required filing a personal injury claim within one year of injury.

But, the reality is that a court apparently found the contractor’s story convincing and your story not as convincing. And the reality is you apparently have not acted in a timely fashion for a lawsuit now.

You can make an appointment with an attorney in your area to discuss what happened with your insurer, the tree and the contractor, the fence, the cable, and your injury. A free or low cost legal aid clinic might be a good place to start.

 

[quincy]

Tennessee legal aid services:

https://www.tba.org/index.cfm?pg=legal-aidlegal-services-in-tennessee

 

[auntphibian]

You should have called the local authorities when you heard that chain saw. I hope you didn't pay them anything for doing unauthorized and unrequested work in your yard. I have certainly seen contractors, mostly pavers, who come in and sort of strong arm people. especially the elderly and do the work without any sort of formal agreement to do it, then try to bully them into paying for it. But if they are this skeevy, the chances of them having a bunch of money to obtain even if you had filed a timely lawsuit, which did not happen, are pretty non-existent.

No, I didn't pay them! They sued me and instead of them having the burden of proof, as plaintiffs should have, the judge didn't believe I was asleep and listen to thunderstorms to sleep and I hear nothing else. He asked if I heard the chainsaw, I said between 12 and 12:15 and they were gone by 1. He said he's had trees taken down and there's no way they did that job in an hour. Well, he has no experience with these people! He awarded them 6,000. Went through appeal process, but was sick for the next 3 hearings and couldn't make it. I filed a motion to vacate. Went to court yesterday and was granted the whole case to start over. They lied so much in court and I proved it, but I guess judge thought I was sitting in my house with my thumbs up my butt to scam them!
So, we are back at the beginning. I'm going to subpoena their last attorney to admit to their fraudulent testimony. I think she told them she could no longer be their attorney. I also had phone conversations with my mom and sister after estimate, when I heard the chainsaw and after they left. I'm going to have them make a sworn statement of what I believed was happening, which is what I testified to in the hearing.
I'm going to file for property damage to pay to replace the fence they ruined, replace the fence posts they broke and I have to find someone who can return an electric line they dug up with their bulldozer. Also killed my grass, did more damage to my gutters than there was and he deliberately used a tool and put it in the hole and shredded my screen. I could have patched the screen and fixed the gutters but they did more damage to bring the repairs up. Shady people. The owners are father and son but only the father sued me. Not the son, not the business. I couldn't figure out why I know now. The dad had the son come as a witness and his attorney asked him what his position was with the company. He said he was just an employee who made a paycheck and he did not own the company. On counter, I reminded him that they both told me they owned it together, they have it on their social media and even the biz card say X and Son. Then he said he owned a tiny portion. Judge did nothing! I learned and will subpoena their biz license but I was told both names are on it. I'm going to use it, since they committed fraud on the Court.
Thing is, they only gave me 20 days to get everything together! My family who had conversations with me dont live here so they can't be here in person. Affidavits are all I have. I have many people who can testify to my sleep habits and the fact I don't hear anything back in my room. I really can't believe they aren't trying to make a deal with me, instead of me tearing them a new whole in court! If I win punitive damages, I will garnish their pay and put liens on their houses or have them sell their rec vehicles. I think the should should find them in contempt.
I wish I could find an attorney