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What Is Discovery

What Is Discovery

by Dennis and King Law Firm in Chattanooga, TN.

Discovery comes before a trial and is a part of a civil case where both sides try to “discover” what the other side knows about the case or about the other side’s history. If a suit is filed, discovery is both crucial as well as unavoidable. During the discovery process, both sides are able to learn about the strengths and weaknesses of each other’s case resulting in little to no surprise at trial. Learning about each other’s strengths and weaknesses can also help get the case settled before it goes to trial.

Tennessee has rules that govern discovery. These rules can be found in the Tennessee Rules of Civil Procedure 26. Georgia’s discovery procedure is governed by the Official Code of Georgia Sections 9-11-26 through 9-11-36.

What can each side discover? In essence, each side can discover anything that is relevant to the case or could lead to something that is relevant to the case excluding any information that is privileged. Some of the information sought in discovery during a personal injury lawsuit includes:

  • Medical records
  • Documents
  • Identity of witnesses
  • Identity of a witness
  • Medical history
  • Photographs of injuries.

What Is Privileged Communication?

Privileged communication must meet three requirements:

  1. The person must speak or write something they thought no one else would see—an expectation of privacy.
  2. The law considers the communication confidential, such as advice from a doctor, a confession to a pastor or a priest, or conversations between spouses.
  3. One did not knowingly communicate the information to another person other than to someone the law deems a confidential communication.

How Does Discovery Actually Work?

There are four ways lawyers conduct discovery:

  • Depositions

A deposition is when a witness to a case gives out-of-court testimony that is put into writing and later used in court. A deposition typically has a court reporter present as a representative of the court. The deposition usually takes place at the office of the court reporter or at one of the law firms representing a party to the case. Depositions serve two purposes: 1) To record the recollection of witnesses while the memories are still recent and 2) To give all sides of a case a fair preview of the evidence likely to be presented at trial.

  • Interrogatories

An interrogatory is a written letter to the other side in a case, asking them to answer a question. Interrogatories are generally between twenty-five to thirty-five questions long, depending on the state. Although most interrogatories are expected to be tailored to each specific case, many of the questions are generic enough that they can be copied from case to case. In personal injury cases, for example, the questions may be as simple as “Describe the nature and extent of your injuries” or “List the number and names of each physician you visited to treat your injuries”.

  • Request for Admission

A request for admission is a written letter submitted to the other side in a case, containing factual information to which the court can admit, deny or object. Like interrogatories, requests for admissions are generally limited to around thirty questions. Unlike interrogatories, requests for admissions usually come in the form of true or false questions. Requests for admissions presented to the court are assumed factual unless the judge allows the requests withdrawn or amended.

  • Request for Production

A request for production is a written letter to the other side in a case, requesting specific books, documents, or physical items for inspection and copying. They are sometimes referred to as document requests, notices to produce, or demands for document inspections. Requests for production can also include certain electronic evidence, such as e-mails or hard drives. Requests can be denied if the requests would violate privileged communications. Parties presented with such requests can also respond and explain that the evidence requested is unavailable for certain reasons: for example, the documents suffered destruction, or the items in question are no longer in the party’s possession.

Do I Need an Attorney for Discovery?

If the point is reached in a civil trial where discovery is likely to occur, or a response is required to any of the tools of discovery, it is highly suggested that an attorney is contacted because they will be able to explain matters more comprehensively and help protect one’s rights.

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A Taste of Italy

If looking to have a nice dinner out with friends, family, or anyone else for that matter, look no further than Portofino’s Greek and Italian Restaurant – a staple in East Ridge! This lovely restaurant has a homey feel and a welcoming flare. Named after a colorful fishing village in the heart of the Mediterranean, Portofino’s serves up dishes true to its roots. While it would be impossible to truly capture the essences of this town, Portofino’s in East Ridge does a fantastic job of recreating the ambiance and taste!

In true Italian fashion, the meal began with breadsticks and oil, along with a side of dolmades. The dolmades are grape leaves generously stuffed with beef and rice paired with a lemon butter that melted in your mouth. The breadsticks arrived hot, crisp and fresh from the oven, served with an herbed oil blend- the perfect starter as we talked and waited for the rest of our party.

Our last friend arrived just as we finished the appetizer. A friendly waitress, or cameriera in Italian, quickly greeted her. Our friend knew exactly what she wanted and ordered her wine for the evening-a glass of Spiropoulos Red Stag, a Greek, medium-bodied, ruby-red wine that imparted flavors of blackberry on the tongue. After one sip of hers, I had to order a glass for myself.

After chatting and enjoying our drinks, the waitress requested our order. In the spirit of adventure, I decided to try the “Tour of Greece Numero Due” consisting of a pastitsio, a Greek lasagne with a creamy béchamel sauce instead of marinara, moussaka, a baked eggplant dish, and more of those tasty dolmades! With an enticing aroma, the flavor did not disappoint.

Everything on the table looked and smelled delicious. Across the table laid a Grouper Florentine comprised of a roasted filet topped with creamy spinach and red pepper sauce; a “Tour of Greece Numero Uno;” a sampling of gyro meat as well as pork souvlaki; pita bread with a side of tzatziki sauce, and a filling vegetarian lasagne with mozzarella/romano cheese. It all tasted even better than it smelled!

Unfortunately, the downside of devouring a delicious appetizer, a few drinks, and a generous entree, is that none of us had any room left for dessert – oi′ vā′! We soon regretted this obvious mistake as we passed by the desert bar with mouthwatering cannoli and baklava teasing us as we made our way outdoors.

If seeking recommendations for a nice night out on the town without all of the downtown traffic, please visit Portofino’s Greek and Italian Restaurant in East Ridge. It is an experience like traveling to the Mediterranean without ever leaving Tennessee!

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The Benefits of Having Good Tires

The Benefits of Having Good Tires

by Tire Square and Wheels in Chattanooga, TN.

Every part of a vehicle serves a purpose. However, tires are an area that often gets neglected. Having proper tires can improve fuel efficiency, handling, and overall safety. Read ahead to learn the importance of tires as well as some tips on choosing the right set.

Making a habit of continually checking tire pressure can go a long way toward improving driving practice. Under-inflated tires use up more gas, hurting a car’s fuel efficiency, while over-inflated tires can reduce handling, putting everyone on the road at a greater risk.

Remember to check the tire pressure when the tires are cold and have not been recently used. To properly control the pressure of your tires, first determine the recommended pressure for the vehicle. This number can be used to compare with the current set, which can then be measured with a tire gauge. If the set is incorrectly inflated, there are some easy methods for making the proper adjustments.

For adding pressure, drive to the nearest gas station to use an air compressor. Remove the valve stem caps from the under-inflated tires, and use the compressor to fill the tires to the correct pressure. For subtracting air, simply press down on the needle in the middle of the valve with a pen and wait until it is at the recommended amount.

There are other quick checks to survey on a day-to-day basis before stepping into a vehicle. Uneven tread wear around the edge of a tire might be indicative of improper wheel alignment. If this is the case, the car should be realigned. Doing so will increase both fuel efficiency and safety.

It is also a good idea to rotate a vehicle’s tires every so often, as front tires tend to wear quicker since they are leaned on when turning. Doing so will also help avoid various alignment issues.

Finally, check for nails or other sharp objects that might have gotten stuck in a vehicle’s tires. While punctured tires will most certainly need replacement, doing so is preferred to having an unexpected blowout on the road.

CHOOSING THE RIGHT SET

Always check the owner’s manual to ensure the proper size of tires is purchased. Not only can an ill-fitting set affect the overall comfort of driving, but it can also create a serious safety issue.

Another faux pas is mixing and matching tires. Two pairs will move differently when the vehicle is steered, affecting both the driver’s performance as well as the ability to drive smoothly and safely.

It is also very important to have a set of tires that are appropriate for current weather conditions. One trap that many drivers fall into is believing they can get away with all-season tires throughout the entire calendar year. While all-season tires are useful during the spring, summer and fall months, they are simply not safe for use during the winter. For example, they do not grip the road well and can be the main source of an accident, especially if the road is icy. As a result, make sure to always switch to winter tires near the end of the fall. For optimum safety and performance, once the ice has melted, the tire should then be switched back to all-season tires.

For further information regarding winter and all-season tires, please call Tire Square and Wheels at 423-710-1001 or find them online at tiresquareandwheel.com.

The Benefits and Relevance of Industrial Mechanical Insulation Systems

The Benefits and Relevance of Industrial Mechanical Insulation Systems

by B&B Thermal Insulation in Chattanooga, TN.

In today’s world of increasing energy concerns, the need for efficiently managing facilities is more and more relevant. Properly insulating industrial systems reduce energy costs, ensures facilities maintain air, sound as well as temperature quality. More specifically, mechanical insulation provides improved safety, effectiveness and aesthetics to work environments. Proper mechanical insulation also maximizes the return on investment in industrial facilities by improving energy efficiency, enhancing the quality of work environments, and reducing overall costs.

While conservationists and environmental consultants push expensive and sophisticated mechanical appliances, few of these options compare to the overall gains of properly insulating an industry’s mechanical systems. When done correctly, mechanical insulation systems:

  • Minimize energy costs
  • Maximize return on investment
  • Enhance system performance
  • Reduce emissions
  • Bolster personnel safety
  • Inhibit noise transfer

Additionally, these systems increase the durability and hands-off maintenance of a facility’s insulation systems. Once installed, insulation provides continuous savings and other invisible but vital benefits. Quite simply, sometimes the easiest solution is the best one.

For more information about industrial and mechanical insulation systems, please contact B & B Thermal Insulation at 423-622-5623 or find them online at bbthermalinsulation.com.

10 Benefits of Outsourcing Payroll

10 Benefits of Outsourcing Payroll

by L and L Tax Services in Ft. Oglethorpe, GA.

Every business owner is faced with the option of doing payroll in-house or outsourcing to a payroll service provider. While each has its advantages and disadvantages, outsourcing payroll seems to be a common choice for both large and small businesses. If you are trying to decide if payroll outsourcing is right for you, consider the following benefits.

1. Fewer Compliance Issues

Payroll tax regulations can be complicated and confusing. It may be difficult to stay up with all the tax rules and changes when trying to run a business, yet you are legally responsible for inaccurate payroll reporting, which can result in penalties from the government. Outsourcing payroll services can help you prevent compliance issues. Companies dedicated to running payroll stay up-to-date on all tax rules and therefore are much less likely to make costly errors. In addition, outsourced payroll services will often handle filings, taxes, and payments, as well as take responsibility for the cost of mistakes.

2. Lower Costs

In addition to reducing the probability of costly penalties, hiring a company to manage your payroll can save you money in other ways. Payroll outsourcing usually costs less than managing payroll internally. Particularly for small to medium businesses, the price to pay for training and the labor hours spent processing payroll in-house generally add up to more than the price of outsourcing.

3. Saved Time

Not having someone process payroll internally can not only save you money but also time. When one of your employees has to work on payroll every couple of weeks or once a month, they are spending less time actually doing their job. Because payroll takes a lot of time and attention to detail to prevent errors, outsourcing to a professional company can increase efficiency.

4. No Days Off

When you rely on an employee to manage your payroll, you may have to deal with illness, vacations or resignations. If your employee gets sick or requests PTO when payroll is due, it may not get done on time, which can lead to penalties. Hiring a payroll company means no asking for days off. This ensures consistent and reliable payroll processing of every pay period.

5. Better Security

By processing payroll in-house, you may be putting yourself at a greater security risk. Even though you may trust your employees, there is always a chance personal information could accidentally get shared or be seen in the office. This could lead to potential identity theft, messing with company records, manipulating payments or embezzling money in extreme cases.

6. More Reliable Backup

While payroll software is available to help companies run payroll internally, if the software goes down, all of your data may be lost. When you outsource payroll to a service provider, they generally have backup systems in place and several server locations to protect your information – without additional cost to you.

7. Peace of Mind

One of the greatest benefits of outsourcing payroll is the peace of mind that comes with it. When you don’t have to worry about whether your payroll is getting done correctly and on time, you can concentrate on growing your business. Since payroll providers usually take responsibility for errors, you can feel confident they will take responsibility for mistakes. If the payroll service company cannot fix the issue, it is quick and easy to hire a new one, as opposed to taking weeks for hiring and training new members of your staff.

8. Alternative Payment Methods

Many payroll companies offer different options for paying employees. Doing payroll in-house often means sending paper checks to your employees each pay period. By outsourcing payroll, businesses often have the ability to do direct deposit or even offer pay cards to those employees without bank accounts. Having these options means it is easier to stop payments and reissue them if necessary.

9. Quicker Processing

Payroll service providers employ experts in payroll rules and requirements. Because payroll is all they do and they have advanced technical resources as support, they can complete complex payrolls quickly and accurately. This includes adding new employees to the system and removing former employees as soon as they leave the company.

10. Access for Employees

Outsourced payroll often comes with an employee access system that allows employees to see their personal payroll information. This creates a quicker and more efficient way to get information to employees and makes it easier for them to update their information. Since this feature often comes with outsourced payroll services, employers do not have to worry about maintaining it.

While every payroll company is slightly different, the benefits of outsourcing payroll often outweigh the negatives. If any of these factors are leading to inefficiencies or limiting profitability in your company, it might be time to consider payroll outsourcing. For more information about outsourcing payroll, call L and L Tax Prep at (706) 841-0829 or find them online at www.facebook.com/LLTAXPREP.

The Significance of Aircraft Upholstery

The Significance of Aircraft Upholstery

By Kustom Stitch in Knoxville, TN.

Aircraft upholstery encompasses far more than just the covering of seats on an aircraft. Aircraft upholstery is found in the carpeting, wall fabric, and bulkheads of an airplane. Depending on whether or not the aircraft is for commercial traveling, economy class or an extravagant private jet, the upholstery can vary substantially in quality and design. However, all aircraft upholstery must be lightweight and durable while also meeting stringent standards of safety.

The single most important item in aircraft upholstery is undoubtedly the seat. To cushion passengers comfortably during take-off and landing, the standard seat of an aircraft must consist of multi-density foam, or more specifically, a rigid inner layer of foam bonded to a softer outer layer supporting the body. The seat is then covered in various styles of nylon, vinyl, leatherette or real leather.

The aircraft’s walls and bulkheads are also important when it comes to the comfort of its passengers. The upholstery of these parts of the plane contributes to the noise control of modern travel. After receiving a coating of flame-retardant foam, walls and bulkheads can then be given a variety of different coverings. For example, aircraft upholstery on a private jet might include upholstery of high-quality buttoned leather. Commercial aircraft use specially formulated fabrics that offer low smoke toxicity and high durability measured in the tens of thousands of rubs. Other factors taken into consideration regarding the upholstery of all aircraft are flame resistance and comfort, in addition to making sure the fabrics meet recognized burn-test, heat-release, and smoke-toxicity standards.

There is still room for creativity in the world of aircraft upholstery, despite all these technical considerations. There are numerous colors, patterns, and comfort levels to choose from. One can even order recliners made of fine-grain leather with hidden spring-released, walnut-veneered drinks compartments built into the sides if they wish!

For more information about aircraft upholstery, or to speak with someone about getting airplane upholstery installed, contact Kustom Stitch at (865) 679-6591 or find them online at www.stitchestintandtunes.com

Why Do I Need Uninsured Motorist Insurance in TN or GA?

Why Do I Need Uninsured Motorist Insurance in Tennessee or Georgia?

By the Dennis and King Law Firm In Chattanooga, TN

Despite the fact that Tennessee and Georgia require automobile insurance, there are still many drivers on our roads lacking it. By some estimates, as many as fifty percent of all drivers in Tennessee and North Georgia lack insurance coverage. Furthermore, those that do carry insurance only carry the lowest limits allowable by law: $25,000 per person/$50,000 per wreck.

What does all this mean? It means if a careless driver causes injury to another driver, the injured party may never recover enough money to compensate them for medical bills as well as pain and suffering. This is why Tennessee and Georgia law requires every car insurance company selling liability insurance also to offer uninsured motorist coverage in an amount equal to the limits of the property damage and “at-fault” bodily injury coverage amounts in that policy.

What Is the Minimum Legal Automobile Insurance Policy in Tennessee?

In 2008, under the 2010 Financial Responsibility Law, the state legislature increased the minimum liability coverage amount by revising section 55-12-102 of the Tennessee Code:

“(12) Proof of financial responsibility or proof of financial security means:…
(i) If proof is required after December 21, 2008, proof means:
(a) A written proof of liability insurance coverage provided by a single limit policy with a limit of not less than sixty thousand dollars ($60,000) applicable to one (1) accident;
(b) A split-limit policy with a limit of not less than twenty-five thousand dollars ($25,000) for bodily injury to or death of

one (1) person, not less than fifty thousand dollars ($50,000) for bodily injury to or death of two (2) or more persons in any one (1) accident, and not less than fifteen thousand dollars ($15,000) for damage to property in any one (1) accident…”

If the bare legal minimum car insurance policy of 25/50/15 is purchased, then one can only receive that same amount of coverage for an uninsured motorist {UM} policy. Why is this? Because Tennessee law forbids UM coverage exceeding the liability coverage. Keep this fact in mind when shopping for car insurance. Even though an inexpensive premium is desired, drivers also need enough insurance to protect against uninsured drivers or underinsured drivers. In this day and age when an ambulance ride costs $1500, a CT scan costs $1800, an MRI costs $4500, and a 24-hour hospital stay can easily run $10,000 dollars, $25,000 dollars is really not very much.

When Does Uninsured Motorist Coverage Apply?

Most UM policies will cover injuries to:

  • the insured, while driving or riding in their car or any car and while as a pedestrian
  • any relative who lives with the insured while driving or riding in the vehicle listed in the policy
  • anyone else riding in or driving the insured’s car, with the insured’s permission
  • anyone riding in a car the insured is driving but does not own.

When Does Underinsured Motorist (UIM) Coverage Apply?

UIM coverage applies only if the injured party proves to their insurance company that the careless driver who hit them lacked enough insurance to properly compensate them. This can be proven after the injured party has managed to get the careless driver’s insurance company to offer them “policy limits” of $25,000 in writing. This can be a complicated procedure because it requires cooperation between the injured party’s insurance company and the careless driver’s insurance after the accident.

For more information about the laws in Tennessee regarding car insurance, contact Dennis and King in Chattanooga, TN at 423-892-5533. They are here to help and can provide a great deal of information about how underinsured motorist insurance can apply to injuries if a negligent driver has caused an injury.

Maximum Heating and Air-A Champion With Superior Products and Service

Maximum Heating and Air – A Champion With Superior Products and Service

Making products in the USA has become a major social issue. With so many companies relying upon foreign labor, it has literally become a revolutionary act to buy and sell items exclusively made in the USA. Johnson Controls is one such company that values this concept. Champion HVAC products, which are engineered, designed, and assembled in the USA., and are exclusively available through WinWholesale, Inc. WinWholesale is a leading supplier of residential, commercial and industrial construction supplies as well as materials, with 570 wholesaling locations within North America. The nature of this distribution network allows local companies to handle the distribution of the product, creating more local jobs for America’s homegrown communities.

Maximum Heating and Air is the leading supplier of Champion heating and air conditioning items in the Greater Chattanooga area. The coupling of quality customer service with superior Champion products has created a phenomenally successful brand rising far above the rest.

What makes Champion products different? Champion HVAC units are made in the USA using top-grade materials making them very durable. The units are quieter than many others on the market creating a more satisfactory living experience for the people who purchase them. After factory stamping, all Champion equipment is powder-coated, rather than spray-painted. To top it off, Champion products have a one-year labor guarantee combined with excellent customer service.

Maximum Heating and Air is locally owned and family-run. The values of America run through the veins of its employees. The Champion brand matches everything they believe in-American owned and operated, with reliable customer service and a manufacturer who stands by their work. What else could one ask for, or possibly expect? If you are in need of heating or air conditioning products and services, please call Maximum Heating and Air at 423-894-4970 or find them online at www.maximumheatingandair.com

The Various Health Benefits of Bowling

The Various Health Benefits of Bowling

By Retro Bowl In Dalton, GA.

Bowling is one of the few activities where the entire family can participate. While bowling is not a full-contact sport, it still works muscle groups throughout the entire body. Additionally, it offers healthy exercise for people of all ages. Bowling assists seniors in maintaining control of their motor skills and helps children with their hand-eye coordination. It is a well-known fact that regular exercise has a very positive effect on overall health, from lowering the risk of heart-related incidents to increasing bone density. Why not get some exercise through bowling? It’s competitive, and adrenaline rushes tend to increase heart rate, also possibly contributing to better heart health. Furthermore, bowling is really fun!

One might not consider bowling to be a proper form of exercise. However, bowling actually utilizes many different muscular groups. For example, knees are bent during the approach, the core is kept tight, legs are used to approach the lane, and arms are used for throwing the ball. While bowling is not an extreme cardio workout or a heavy weight lifting routine, it is a well-rounded combination of exercise that definitely helps burn calories.

At a later age, getting the proper amount of exercise can definitely become challenging. One of the greatest things about bowling is the bowler’s ability to choose and customize the ball. At later ages, it is paramount not to use too heavy of a ball, because of the amount of excess strain it can put on the body. Having the ability to select the best weight and fit for one’s individual specifications makes enjoying some light exercise a lot easier. Most other sports
are not as adaptable because they do not allow such customization of the game.

There are not too many sports in which young children can fully participate. Light bowling balls and the availability of ramps make bowling a plausible activity for children of any age. While they might not have the ability to fire a fifteen-pound bowling ball down the lane like an adult, they can still roll the ball (whether using a ramp or not) and experience the various nuances of bowling. It also teaches kids about aim, and how to adjust where they are aiming, in order to make their next shot more successful. These are all healthy skills for young children to learn and to even utilize in other areas of their lives.

From the social aspect of bowling with a group of people to the concentration necessary to successfully knock down pins, bowling assists in keeping the mind active. Bowling well encompasses a great deal of hand-eye coordination. A great amount of focus is also required to be able to consistently duplicate a good shot. Additionally, bowling requires alertness in order to adjust and compensate for whatever bowling conditions to which one may become subject.

Regardless of age, bowling is a good exercise for both the body and mind. While children can learn important developmental skills, elders can benefit from exercise and mental stimulation. In a time where staying active is increasingly challenging, bowling is a fantastic way to burn calories while keeping the mind sharp.

Why An Ornamental Aluminum Fence is a Great Addition to Your Home

Why An Ornamental Aluminum Fence is a Great Addition to Your Home

By Dalton Fence in Dalton, Georgia

Privacy fences are a must-have in today’s society. From protecting homes, businesses or land, adding a fence only increases a property’s security and value. Installing ornamental aluminum fences can add beauty to such property as well.

Ornamental fences come in a wide variety of types and styles. Various ideas are available to consumers, including garden fences with aluminum bars and chains linking them all together. Adding caps to the posts is another easy way to enhance a property’s fence. There are thousands of caps to choose from, and they can be added sporadically or continuously, with options that are endless! Light caps are often the most effective and preferred way to light up a dark, fenced-in yard.

Ornamental fences may seem like a large purchase. However, such an investment holds great value when thought of as an investment in the value, safety, and beauty of the property. Even with professional installation, ornamental fences are affordable and require little maintenance upkeep. Ornamental fences are also great options for protecting gardens and pools.

With so many customizable options and placement opportunities, it’s easy to personalize a backyard or office courtyard!

Contact Dalton Fence Today to get a Free Quote on a New Ornamental Aluminum Fence.

Find Dalton Fence online or call Kevin at 706-278-6366