PRACTICE AREAS

I was injured, what do I do now?

If you have been injured, the most important thing for you to do is seek medical attention and document EVERYTHING! The more documentation you have to support your injuries the better. Always attend your medical appointments and seek professional treatment for your injuries. Once you begin to focus on your medical recovery, it is time to focus on your legal claims! At the Polniak Law Firm, we can help you during this difficult time as you focus on your recovery.

Whether or not you have been injured by negligence or the purposeful or intentional conduct of a third-party, you should not be held liable for the damages that you suffered.

Type of Personal Injury Cases we can help you with:

• Car Accident

• Motorcycle Accident

• Slip and Fall

• Employment Accident

• Injuries Sustained by Attack from a Person

• Animal Bite

When Do I file a Lawsuit?

According to Tennessee statute TCA 28-3-104, the statute of limitations "SoL" for personal injury claims which occurred in the state of Tennessee must be filed within 1 year from the date the accident occurred. There are certain recognized exceptions which may temporarily apply to the SoL, such as 1) at the time of the injury the person was adjudicated incompetent or 2) the person injured was under the age of 18, or 3) the person who caused the harm is now outside the state of Tennessee and cannot be located through reasonable due diligence. These exceptions are not an exhaustive list and must be evaluated on a case-by-case basis.

If there is one thing I hope to leave you after reading this page, it is this. If you have been injured, NEVER wait to seek medical and legal help!

Call us today to arrange your free case evaluation. The Polniak Law Firm is here to help you.

Has a family member or friend passed away and you are unsure what to do next?

The death of a loved one is the time to focus on family. It is not the time to get stressed and bogged down with the legal procedure of Probate. In Tennessee, Probate can be a complicated and lengthy process without the help of an experienced attorney. At the Polniak Law Firm, we are experienced in handling these cases with the legal expertise and sensitivity you and your loved ones need.

I just found out that I was appointed the Executor in my Parent's Will, what do I do now?

If you have recently discovered that you are a named Executor of a decedent's estate, it is important that you seek legal counsel. As the named Executor, should you choose to accept the responsibility, you are considered a fiduciary. As such, you are required under Tennessee law to properly administer the decedent's estate in accordance with their Will or Tennessee intestacy laws.

If you find yourself in a position where a loved one has passed away and are uncertain of what to do next, please give the Polniak Law Firm a call.

Let us provide you with excellent service in your time of need. Contact us now and schedule your consultation.

Who gets to inherit my family member's property?

If you have a family member that has passed away, you could be an heir to their estate. First, you need to know if your family member died testate (with a Will) or intestate (without a Will). Secondly, it is important to know if the person who died (the Decedent) was married at the time of their death and if they had any children.

Testate succession is simple. The property described in the Will is passed to the persons (or their heirs if that person is already deceased) the Decedent specifically left the property to in the Will.

Intestate succession is also fairly simple but can sometimes be more complex. Property can and does in fact become divided in unequal ways between heirs.

If you find yourself asking whether you are an heir to a family members estate, please contact our Firm for a consultation.

Why is Estate Planning so important?

It's simple. You work your entire life for something and you want to ensure you leave it to those who matter most to you! No matter the size of your estate, there is nothing better than a piece of mind knowing that your estate will be taken care of upon your passing and your personal plan will take effect.

Estate planning in a nutshell is essentially a few documents that control how your assets are currently held or how they will be held/distributed upon your death. But most importantly, these documents control "Who" gets to control these assets before and after your death.

What is a Last Will and Testament? Why do I need one?

A Last Will and Testament (a "Will") is a legal document that provides instructions on what happens to your real or personal property upon your death. When someone creates a Will, they are called the Testator. The Testator considers which beneficiary will inherit a particular piece of property, called a bequest. The Will then directs a person called the Executor, to ensure the beneficiaries receive their bequests upon the death of the Testator through a process called probate.

A Will should be updated after every life changing event (i.e., Marriage, Divorce, Birth, Death, Changing State of Residence). When they are updated and are legally sufficient, a valid Will can be an effective tool to avoid family battles and expensive court proceedings over property of the Testator.

What is a Trust? Why do I need one?

A Trust is a legally created fiduciary relationship which effectively allows the transfer and control of real or personal property into the control of another. There are many reasons to transfer property under a trust, such as tax benefits, protection of assets or avoiding probate, but most importantly is the control of the property. There are many trusts that can be created and each has their own benefits. For example, a Charitable Trust allows assets to be controlled by a Trustee and disbursed to the named charity according to the trust documents. A Living Trust allows assets to be controlled by a Trustee and disbursed to the beneficiary of the living trust during their lifetime.

Do you want to leave your beneficiary money or property upon your unexpected death, but do not trust them to receive all of it at one time? In this case, Trusts may be the solution to your Estate planning needs.

Remember, trusts are similar to wills in that each has a designated person that distributes property for a beneficiary according to the Trust or Will documents. However, since the Trust effectively owns the property, probate is avoided altogether and assets would not normally need to be disclosed to the Court.

Have you been arrested? Are you being investigated for a crime?

Regardless of your current situation, if you think you might need an attorney, you should always seek legal counsel. It is always a good idea to know your rights in order to enforce and preserve them. There is no time to wait to seek legal representation. The Polniak Law Firm has your best interests in mind and the experience to help you.

Polniak Law Firm offers criminal defense services, including, but not limited to:

• DUI's

• Felonies

• Misdemeanors

• Domestic Assault

• Drug Charges

Remember...General Dos and Don'ts to Consider:

• Do seek legal counsel

• Do remain calm and follow directions from law enforcement

• Do know when to invoke your rights (ie., 1st, 4th, 5th, 6th, 14th Amendment rights)

• Don't resist law enforcement

• Don't answer questions or consent to searches without invoking your rights and consulting legal counsel

If you are need of legal representation, the Polniak Law Firm is here to help you. You will receive sound and practical defense on your state criminal charges. Do not hesitate and contact the Polniak Law Firm today to schedule your consultation.

Landlord & Tenant Disputes:

Are you being evicted? Is it for non-payment of rents? or for cause?

In Tennessee, Landlords attempt to evict tenants under what is called a "Detainer Warrant". This civil action is an attempt to take possession of the leased premises. Additionally, Landlords will usually seek damages (ie., waste removal, cleaning fees, wall or paint repair, additional rents and late fees, attorney's fees) after they are awarded possession of the premises.

Landlords who are trying to evict tenants for non-payment of rent only during COVID-19 are now being met with legal challenges.

As a Tenant, you have rights to your leased residence. Whether by contract or statute, you should always know what rights that are available to you and ensure the Landlord is not infringing on them. Depending on your situation, there may be Federal laws or executive orders which impose "Moratoriums on Evictions" and apply to you. Also, you may be able to secure Federal or State funding to help with your rents if you are being evicted. If you are in need of legal help for an eviction, call the Polniak Law Firm immediately to set up a consultation of your case.

Are you looking to form a new business or partnership?

There are many moving pieces involved in setting up a business or partnership (ie., State filings, EIN Registration, Operating and Partnership Agreements, Taxes). Each legal entity has its own benefits or drawbacks depending on your business model. Our firm has the knowledge and experience to provide you with the best solution. Simply schedule a consultation so we can better understand your needs and concerns. Our firm could setup your new business or partnership within a matter of days.