Monthly Archives: December 2015
Who Is Liable if an “Act of God” Causes a Car Accident?
Inclement weather, particularly winter snow and ice, often raise the risk of getting into a car accident. While bad weather does not excuse negligent driving, it may be raised as a defense in a personal injury lawsuit. That is why it is important to understand how Tennessee law addresses poor weather conditions in assessing… Read More »
Can I Bring a Personal Injury Lawsuit Against a Foreign Country?
Thousands of Tennessee residents travel abroad every year. But if you suffer a serious injury due to negligence while in another country, can you seek damages in a United States court? The Supreme Court recently addressed such a case, holding there is a high bar to personal injury lawsuits against business entities owned by… Read More »
When Will a Tennessee Court Find Mandatory Arbitration “Unconscionable”?
Forced arbitration is an ongoing problem for Tennessee residents seeking justice. Many nursing home abuse, medical malpractice, and other personal injury claims are kept out of court through mandatory arbitration clauses in contracts. In most cases, the injured party (or their family) is unaware they are signing away their due process rights. And Tennessee… Read More »
How Industry Standards Apply to Product Liability Cases
There are many ways to prove negligence in a product liability case. For instance, a manufacturer can be held liable for “negligent design,” where there is a defect inherent in the property’s design. This does not mean, however, a product must be 100 percent safe or incapable of injuring someone. Rather, Tennessee courts look… Read More »
How Traffic Cameras May Affect Your Personal Injury Lawsuit
Traffic cameras are commonplace throughout Tennessee. And while we tend to think of cameras in terms of ticketing drivers for speeding, they can also provide valuable information in the event of a car accident. This can prove especially helpful (or not so helpful, depending on your perspective) in the event an accident victim brings… Read More »
When Am I Entitled to Uninsured Motorist Benefits Following an Accident?
Uninsured motorist coverage provides benefits if you are injured in a car accident with another at-fault driver who lacks sufficient insurance. Most states, including Tennessee, require automobile insurance companies to offer a certain level of uninsured motorist coverage. But there are still many cases where the scope of uninsured motorist coverage may be unclear,… Read More »
What Happens When a Jury Awards an Accident Victim Too Little?
If you have been in a car accident, you may incur thousands of dollars in medical expenses. If the accident was the result of another driver’s negligence, you have the right to seek compensation for those medical expenses in a Tennessee court. And while juries have some discretion in determining the appropriate amount of… Read More »
Can I Recover Damages for a Speculative Injury?
In any type of personal injury litigation, such as health care liability or product liability, it is not enough for a plaintiff to establish the defendant was negligent. There must also be proof the defendant’s “act or omission” resulted in some measurable damage to the plaintiff. Tennessee courts may dismiss a plaintiff’s lawsuit if… Read More »