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Monthly Archives: June 2020

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TN Supreme Court: Accident Victims Can Proceed with Consumer Protection Lawsuit Against Hospitals

By Fox Willis Burnette, PLLC |

Back in 2019, we discussed a decision from the Tennessee Court of Appeals that held accident victims who were subject to hospital liens could not challenge those liens under the state’s consumer protection laws. The Tennessee Supreme Court decided to review the case. And on May 1, the Supreme Court reversed the Court of… Read More »

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PI_4

How the Statute of Repose Can Defeat Your Personal Injury Lawsuit

By Fox Willis Burnette, PLLC |

Before filing any type of personal injury lawsuit in Tennessee, you need to be aware of two critical deadlines: the statute of limitations and the statute of repose. To illustrate how the two differ, let’s take a medical malpractice lawsuit. In Tennessee, there is a one-year statute of limitations for such claims. This means… Read More »

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TN Supreme Court Dismisses Malpractice Case Against Mental Health Facility Over HIPAA Non-Compliance

By Fox Willis Burnette, PLLC |

Tennessee requires victims of medical malpractice to notify a potential defendant of their claims at least 60 days before actually filing a lawsuit. Among other things, this notice must include an authorization for the release of medical records that complies with HIPAA, the federal law governing medical privacy. If the victim does not substantially… Read More »

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CarAccident

Do I Still Have to Prove Damages–Even When It’s Obvious the Other Driver Caused the Accident?

By Fox Willis Burnette, PLLC |

Even when the other driver is at-fault for your car accident, that does not mean a court will necessarily award whatever damages you seek. You still need to actually prove the existence and amount of those damages. Obviously, it can be difficult to precisely measure something intangible like “pain and suffering.” But you still… Read More »

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Tennessee Supreme Court: Vanderbilt Fellowship Does Not Qualify Out-of-State Doctor to Testify in Medical Malpractice Case

By Fox Willis Burnette, PLLC |

In any medical malpractice lawsuit, Tennessee law requires the victim to produce evidence in the form of expert testimony. The expert must be a person “licensed to practice” within the applicable specialty in either Tennessee or one of its bordering states. The expert must also have actually practiced within one year of the date… Read More »

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Lawsuit

How Can I File a Personal Injury Lawsuit Against Someone Who Has Died?

By Fox Willis Burnette, PLLC |

When a negligent driver causes a car accident, the victims have the right to file a personal injury lawsuit to recover their damages. But what happens if the negligent driver dies before the lawsuit is filed? Can you literally sue a dead man in Tennessee? Historically, the common law provided that when someone died,… Read More »

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ParkingLot

When Is a Store Responsible for Customers Who Are Injured in the Parking Lot?

By Fox Willis Burnette, PLLC |

In Tennessee, a property owner must exercise “reasonable care” in keeping their premises safe for any invited guests. If the property in question is leased, then this responsibility falls to the tenant. But if the landlord retains possession over certain common areas of the property–say, a parking lot used by multiple tenants–then the tenant… Read More »

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TN Court of Appeals Dismisses Personal Injury Lawsuit Brought By Self-Represented Plaintiff

By Fox Willis Burnette, PLLC |

If you have been injured in an accident that occurs on someone else’s property, you may naturally assume the owner’s negligence caused what happened. But assumptions do not necessarily mean you have a viable personal injury claim. It is important to thoroughly investigate the circumstances leading up to your accident. An experienced Tennessee personal… Read More »

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