Monthly Archives: March 2018
TN Court Holds State Liable for Full Amount of Accident Victims’ Medical Bills
Recently we discussed the Tennessee Supreme Court’s ruling on the application of the collateral source rule in personal injury cases. This rule comes up in cases where an injured plaintiff submits evidence of their medical expenses. Some defendants argue that the jury should only consider evidence of “unreimbursed” medical expenses–i.e., what the victim actually… Read More »
How Comparative Fault Can Affect Your Personal Injury Award
Comparative fault is a critical concept in a Knoxville personal injury case. The basic idea is simple enough. A court must determine the relative fault of the plaintiff, if any, and reduce his or her damage award accordingly. But under no circumstances can a plaintiff recover if their comparative fault was equal to or… Read More »
Do You Know Who Actually Caused Your Car Accident?
It is important to conduct a proper investigation following a car accident to ascertain all of the parties that may be legally responsible. This can be especially difficult if there are multiple vehicles and drivers involved, or if the at-fault driver left the scene before they could be questioned. In some cases, it may… Read More »
What Happens When Medical Malpractice Is Not Discovered Until After the Patient Dies?
There are always legal deadlines that must be complied with in personal injury cases. When the clock starts to run on these deadlines, however, varies depending on the facts of a particular case. When it comes to something like medical malpractice, there is a one-year statute of limitations that starts to run on the… Read More »
Can the Defendant in a Personal Injury Case Demand to See My Private Facebook Account?
We live in a culture where it is now common practice to share every aspect of our lives on social media. Many of us have online-exclusive “friends” who follow us on Facebook, Twitter, Instagram, and similar platforms. But if you are involved in a car accident or another event that leads to a serious… Read More »
Understanding the Right to a Jury Trial in Tennessee Personal Injury Cases
In most civil cases, such as personal injury claims, either party has the right to demand a trial by jury. Furthermore, the parties have the right to question potential jurors about their potential biases and prior knowledge of the case. Tennessee law further allows each party–the plaintiff and the defendant–to challenge (exclude) four potential… Read More »
Senator Proposes Bill to Mandate Underride Guards in Tractor-Trailers
Cars are at a decided disadvantage in a collision with a tractor trailer. Indeed, truck accidents often prove fatal to the occupants of the smaller vehicle. One reason for this is that the car may slide underneath the larger commercial truck. These so-called underride crashes lead to hundreds of fatalities every year, according to… Read More »
TN Hospital Not Liable for Defective Door That Injured 71-Year-Old Patient
When you walk into any kind of public facility, such as a store or even a government office, you have the right to expect the premises are in a reasonably safe condition. Legally speaking, a premises owner is not necessarily responsible for every customer who is injured, but there may be liability if there… Read More »
Congress Seeks Explanation for West Virginia “Pill Dumping”
The scope of the national opioid epidemic continues to unravel in the face of lawsuits and legislative intervention. On January 30, the U.S. House of Representatives Committee on Energy and Commerce sent formal letters to two of the largest distributors of prescription opioids, seeking an explanation for why they sold millions of pills to… Read More »