Disaster Legal Services in Tennessee Flood/Storms of May 2010
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Transcript of Disaster Legal Services in Tennessee Flood/Storms of May 2010
Disaster Legal Services in Tennessee
Flood/Storms of May 2010
May 2010 Floods
The May 2010 Tennessee floods occured in Middle and West Tennessee, South Central and Western Kentucky and northern Mississippi as the result of torrential rains on May 1 and 2, 2010.
Floods from these rains affected the area for several days afterwards, resulting in a number of deaths and widespread property damage
May 2010 Floods
Rain totals in some areas were greater than 14-22 inches. The Cumberland River crested at 51.86 feet in Nashville. All-time record crests were observed on the Cumberland River at Clarksville the Duck River at Centerville and Hurricane Mills, the Buffalo River at Lobelville, the Harpeth River at Kingston Springs and Bellevue, and the Red River at Port Royal.
May 2010 Floods
Flood waters reached places in Tennessee that have never been flooded since there has been recorded history in the area.
Many do not have flood insurance to cover damage cover by ground water.
Disaster – Phase I - Response
Immediately following a disaster - Survivors need to: Be safe and out of danger Attend to immediate medical/physical/emotional
needs Find temporary shelter Ascertain safety of family, friends, pets Determine losses (home, auto, job, etc.)
Can take anywhere from 1 day to several weeks
Disaster – Phase II – Short Term Recovery
Goals for Helping Survivors: Protect their shelter & housing rights Reestablish lost income & protect employment
rights Gain access to federal and state disaster
assistance Maximize any private insurance available.
Can begin within a week after disaster, can go on for up to a month.
Need for Legal Services
Disaster – Phase III – Long Term Recovery/Rebuild
Help Survivors with Housing: Homeowners: buy out? rebuild? Future floods? What are
building standards? Foreclosure? Renters – liveability? landlord response? Future floods?
Protect Against Fraud Maximize Insurance/Federal Benefits Assist with document replacement/POA/
wills Manage Ongoing Legal Needs
Disaster Response Infrastructure - Government
Local & County Emergency Management Agencies (EMAs)
Tennessee Emergency Management Agency (TEMA) regional offices – East, West, Middle
TEMA Federal Emergency Management
Agency
DLS Partners
Disaster Response Infrastructure – Legal Services ABA/YLD & FEMA – Memorandum of Understanding Tennessee Bar Association – State co-coordinator
Recruitment of volunteer attorneys Publicity/marketing Training of attorneys State VOAD/DLS
TALS – State co-coordinator – State co-coordinator Disaster Legal Services (DLS) Hotline coordinator Publicity/marketing Training and support of legal service providers Coordination of pro bono programs Reporting to FEMA & ABA/YLD State VOAD/DLS
Legal cont’d Legal Aid Providers
Placement of cases with local pro bono attorneys Clinics & Neighborhood Meetings Limited Case Handling
Local Bars Assist with pro bono recruitment placement of fee-generating cases Local VOAD/DLS
Other Agencies Tennessee Association for Justice Tennessee Justice Center Disability Law & Advocacy Center
Tennessee Structure
Disaster Occurs – FEMA/TEMA involved
TALS TBA
Pro Bono VolunteersLocal Legal Aid Programs
Flow of Information During a Disaster
Disaster Response – Local Programs
FEMA/TEMA efforts: VOAD – Volunteer Organizations Assisting in a
Disaster Disaster Application & Disaster Recovery Centers
(DACs & DRCs) – only activated in a disaster Local Non-profits:
Red Cross United Way Other disaster agencies
Long-Term Recovery Committees
TALS Disaster Response
Appropriate legal services include: Volunteer attorney staffing at local Disaster
Application or Recovery Centers, if applicable; Hotline telephone assistance and referrals; Voluntary lawyer services for individual cases; Referrals to bar association lawyer referral
services; and Any legal services you normally provide as a
legal service agency.
Common Legal Issues Securing government benefits available to disaster
victims – FEMA; Small Business Administration Assisting with filing life, medical and property
insurance claims Dealing with home repair contracts and contractors Replacing missing or destroyed wills and other legal
documents Dealing with consumer protection matters, remedies
and procedures Counseling on mortgage-foreclosure problems Counseling on landlord/tenant problems
Major Sources of Monetary Help for Flood Victims
Insurance FEMA Small Business Administration Loans Charitable Volunteer “Gap” Funding – Metro Program: “We
Are Home” Program
Disaster Legal Services
Tennessee DLS Hotline: 1-888-395-9297 (M-F, 9-5 CDT)
Facebook Group Page: Disaster Legal Services in Tennessee
Contact: Erik Cole (615) 627-0956 ext. 23 [email protected] www.tals.org
Useful Links
Metro Flood Site http://www.nashvillerecovery.com/index.asp
TBA Flood Site http://www.tba.org/volunteer/
TALS www.tals.org
TN Disaster Legal Assistance Manual http://www.tba.org/YLD/disaster_manual.pdf
DLAC Flood Guidehttp://www.tba.org/volunteer/floodguide_051010.pdf
Useful Links
FEMA www.fema.gov
TEMA www.tnema.org
Local Firm FAQs & Blogs http://nashvillefloodhelp.blogspot.com/ http://www.babc.com/flood-relief-update-05-05-2010/ http://walleraid.squarespace.com/
TALS Disaster Response Working Group (listserv) [email protected]