Monthly Archives: June 2017
Tennessee Court Overturns $3.4 Million Asbestos Verdict Against Ford
Mesothelioma is a deadly form of lung cancer caused by exposure to products containing asbestos. While great strides have been made since the 1980s in reducing the public’s exposure to asbestos, mesothelioma remains a serious public health problem, particularly because victims may not develop the disease until decades after their initial exposure. And when… Read More »
U.S. Supreme Court Enforces Nursing Home Arbitration Agreements Signed Under a Power of Attorney
Back in elementary school you probably learned that the Constitution guarantees your right to a jury trial in any civil lawsuit. This is true, but there’s an important caveat: a person can waive their right to a jury trial by agreeing to arbitration. Also called “alternative dispute resolution,” arbitration involves submitting a dispute to… Read More »
What Is Considered “Negligence Per Se” in a Tennessee Car Accident?
A critical element in any personal injury case is proving the defendant was negligent. If the defendant’s actions violated a state or local law, it may constitute “negligence per se.” In a car accident, for example, a defendant who goes against the “rules of the road” and injures someone else as a result is… Read More »
What Happens If the Judge Disagrees With a Jury’s Personal Injury Award?
If you file a personal injury lawsuit, you have the right to have a jury decide your case, both with respect to the defendant’s liability and the amount of any damages you are owed. A judge is not supposed to simply substitute his or her own opinions for that of the jury. This does… Read More »
Ordinary vs. Medical Negligence in Tennessee Courts
Tennessee law draws a bright line between ordinary negligence and health care negligence, i.e. medical malpractice. Before filing a medical malpractice claim, a victim must comply with certain additional legal requirements. For example, the victim must file a certificate indicating they consulted with one or more experts who believe there is a “good faith… Read More »
The Challenges of Bringing a Personal Injury Claim When You Do Not Have All the Facts
Commercial truck accidents are often the scariest type of motor vehicle crash. When a tractor-trailer crashes it may roll over, causing damage to other multiple other vehicles. Given the dangers that these vehicles pose, it is important that drivers operate them in a safe and legal manner. Tennessee Court Reinstates Tractor Trailer Accident Lawsuit… Read More »
What Happens If a Personal Injury Defendant Files for Bankruptcy?
If you are hurt in a car accident, you understandably want to seek compensation from the negligent driver who was responsible. But what if the driver files for bankruptcy protection before you have a chance to file your personal injury lawsuit? Does that affect your ability to pursue your case? How an “Automatic Stay”… Read More »
Can I Seek Workers’ Compensation Benefits If I Suffer a Heart Attack Due to Work-Related Stress?
Like all personal injury claims, workers’ compensation requires proof of causation. In this case, it is not proof your employer’s actions caused your injury–workers’ compensation is not about fault–but rather that your injuries were work-related. An employer is not obligated to pay workers’ compensation benefits for injuries and illnesses that occur outside the scope… Read More »