Monthly Archives: May 2017
What Is “Subrogation” and How Does It Affect My Personal Injury Claim?
If you are ever involved in a personal lawsuit involving a car accident or a similar event, you may come across a confusing term known as “subrogation.” This refers to the legal and contractual interest of a third party in any award you recover from the negligent defendant. Subrogation typically involves either your own… Read More »
What Happens When a Product Liability Defendant Withholds Information From the Victim?
Defective products injure thousands of Tennessee consumers every year. Manufacturers can be held legally liable for any defects in the design, manufacture, or labeling of their products. Product liability cases are often difficult to prove, however, especially since most of the potentially incriminating evidence is in the hands of the manufacturer. Supreme Court Weighs… Read More »
Can I Win a Personal Injury Claim Even If I Don’t Know How the Accident Happened?
The key to any personal injury claim is establishing the defendant’s negligence. Sometimes this is pretty straightforward, such as a driver running a red light and hitting another car. But negligence is obviously much more difficult to establish when nobody witnessed the specific act that caused the plaintiff’s injury. TN Supreme Court: No Evidence… Read More »
Can I Collect Workers’ Compensation If I Become Addicted to Pain Medication?
Opioid addiction has become a major public health problem in Tennessee. According to the Knox County District Attorney’s office, there were 237 deaths attributed to opioid overdose in 2016, a significant increase from 170 fatalities in 2015. Most opioid deaths are the result of abusing prescription painkillers such as hydrocodone or oxycodone. Tragically, some… Read More »
How Does a Class Action Affect My Personal Injury Case?
You may have, at one time or another, received a notice in the mail informing you that you are part of a proposed class action settlement. Even if you this has never happened, you have probably heard the term “class action” before. So what exactly does it mean? A class action is a procedural… Read More »
Can I Seek Damages for Emotional Distress Caused by a Car Accident?
Damages from a car accident or a similar traumatic event are often not limited to physical injuries. Victims often sustain serious emotional harm that can last for months or years after the initial incident. To compensate victims for their serious mental injuries, Tennessee law recognizes personal injury claims based on “negligent infliction of emotional… Read More »
Defective Road Conditions Pose Special Risk to Teenage Drivers
Teenage drivers are at a greater risk of death or injury in car accidents relative to drivers over the age of 20. According to the Insurance Institute for Highway Safety, there were over 2,700 motor vehicle deaths among people between the ages of 13 and 19 during 2015, the last year for which complete… Read More »
When Is a Car Accident Settlement Legally Binding?
Most personal injury claims arising from car accidents are settled out-of-court, usually between an attorney representing the victim and the negligent party’s insurance company. Settlement negotiations are often a lengthy process. It is important for both sides to be clear as to their intentions and expectations, lest there be any misunderstanding as to the… Read More »