Fox & Farley, Attorneys at Law

Recent Blog Posts

CarCrash

What Is Considered “Negligence Per Se” in a Tennessee Car Accident?

By John Willis |

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 »

Legal1

What Happens If the Judge Disagrees With a Jury’s Personal Injury Award?

By Brad Burnette |

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 »

Negligence

Ordinary vs. Medical Negligence in Tennessee Courts

By John Willis |

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 »

Truck4

The Challenges of Bringing a Personal Injury Claim When You Do Not Have All the Facts

By Brad Burnette |

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 »

Money

What Happens If a Personal Injury Defendant Files for Bankruptcy?

By John Willis |

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 »

Workplace

Can I Seek Workers’ Compensation Benefits If I Suffer a Heart Attack Due to Work-Related Stress?

By Brad Burnette |

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 »

InjuryClaim

What Is “Subrogation” and How Does It Affect My Personal Injury Claim?

By John Willis |

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 »

ProdLiab2

What Happens When a Product Liability Defendant Withholds Information From the Victim?

By Brad Burnette |

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 »

Injured2

Can I Win a Personal Injury Claim Even If I Don’t Know How the Accident Happened?

By John Willis |

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 »

WC_1

Can I Collect Workers’ Compensation If I Become Addicted to Pain Medication?

By Brad Burnette |

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 »

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