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Tennessee Personal Injury Lawyer
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Monthly Archives: December 2016

Can My Employer Deny Workers’ Compensation Benefits If I Take Sleeping Pills?

By Brad Burnette |

In theory, workers’ compensation is supposed to provide “no-fault” benefits to employees injured on the job. But Tennessee law makes a special exception if the employee is found to have used drugs or alcohol prior to an accident. If an employer maintains a state-approved “drug free workplace” program, the employee may be denied workers’… Read More »

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Can Online Retailers Be Held Accountable for Selling Dangerous Products?

By John Willis |

During the holiday season, many Knoxville residents turn to online retailers to purchase gifts for family members. While most Internet retail purchases are perfectly safe, there are cases where a dangerous or defective product is sold. When that happens, and a consumer or their gift recipient is injured, the retailer may be liable under… Read More »

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How Comparative Fault Affects Your Personal Injury Claim

By Brad Burnette |

Tennessee applies a comparative fault rule in personal injury cases. This means that if the plaintiff is “at least 50 percent” at fault for the underlying accident or injury, the defendant is not liable for any damages. Determining a plaintiff’s fault is therefore a key issue in many personal injury lawsuits. Cabin Owner May… Read More »

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Can I Seek Damages if an Accident Aggravates an Existing Injury?

By John Willis |

If you are injured in a car accident, you have the right to seek damages from the negligent driver. Damages include any medical bills incurred as a result of the accident. But what if a car accident merely aggravates a preexisting injury? Can you still recover damages even though the accident may not have… Read More »

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Third St. Louis Jury Finds Link Between Talcum Powder, Ovarian Cancer

By Brad Burnette |

Although Johnson & Johnson continues to deny that there is any connection between the use of its talcum powder and ovarian cancer, a third jury in St. Louis, Missouri, has disagreed and awarded a multi-million product liability judgment to a plaintiff who alleged such a link. Jury Awards $65M in Punitive Damages to Stage… Read More »

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Establishing a Defendant’s “Duty of Care” in a Negligence Case

By John Willis |

In a personal injury lawsuit based on negligence, a plaintiff must prove that the defendant breached some “duty of care.” As a general rule, according to the Tennessee Supreme Court, when a person “assumes to act, even though gratuitously,” he or she “may thereby become subject to the duty of acting carefully,” and can… Read More »

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Tennessee Supreme Court Holds Rental Cars Are “Uninsured Motor Vehicles”

By Brad Burnette |

Last year we discussed a Tennessee Court of Appeals decision holding that uninsured motorist coverage was not available to a policyholder injured by the driver of a rental car. The Tennessee Supreme Court has now weighed in, reversing the Court of Appeals and reinstating the accident victim’s complaint. This is welcome news for all… Read More »

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When Is a Tennessee Worker Entitled to “Permanent Total Disability” Benefits?

By John Willis |

Tennessee’s workers’ compensation system provides different levels of benefits depending on the extent of an employee’s injuries. In addition to covering your medical expenses arising from an on-the-job injury, workers’ compensation also entitles you to partial replacement of any lost wages. And in severe cases where an injury renders you unable to return to… Read More »

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