Author Archives: Brad Burnette
How Big of a Problem Is Distracted Driving in Tennessee?
Most car accidents are the result of a driver’s error or mistake. In recent years, a leading contributing factor in such driver errors has been so-called distracted driving. This can take many forms, including using your smartphone or talking to people in your car instead of keeping your undivided attention on the road. Study:… Read More »
Can a Judge Force Me to Undergo a Medical Exam as Part of My Personal Injury Case
In just about every personal injury lawsuit arising from a car accident, the plaintiff has suffered some kind of physical or mental injury as a result of the defendant’s negligence. But such injuries must be proven to the judge and the jury. And under Tennessee court rules, the defendant has the right to seek… Read More »
N.Y. Judge Allows IVC Filter Lawsuits to Proceed
IVC filters were first developed about 50 years ago to protect at-risk individuals from potentially life-threatening blood clots. The original IVC filters were designed to be implanted permanently in a patient’s body–i.e., they could not be removed or “retrieved” by doctors once implanted. But leaving a medical device inside a person’s body also carries… Read More »
Can I Receive Permanent Disability Benefits If I Am Unable to Return to Work?
There are multiple kinds of workers’ compensation benefits available under Tennessee law. If an on-the-job accident leaves you with a permanent impairment but you are still able to work in some capacity, a workers’ compensation judge will award you permanent partial disability (PPD) benefits. But if you are unable to return to any kind… Read More »
N.J. Jury Orders Johnson & Johnson to Pay $117 Million Over Cancer Connected to Talcum Powder
Johnson & Johnson has been under fire in court, and in the press, over allegations that its popular baby powder causes ovarian cancer in women. Baby powder contains talc, a soft mineral that absorbs moisture and oils. Johnson & Johnson has marketed talcum powder since the 19th century as a cosmetic product. In particular,… Read More »
Louisiana Judge Allows Plaintiff to Pursue “Failure to Warn” Claim Against Hernia Mesh Manufacturer
Patients who are injured by a defective medical device may have multiple grounds for seeking damages against the negligent manufacturer. For example, there may have been a defect in the production of the specific device you received, or there may be a more general flaw in the overall design. Your doctor may also not… Read More »
What Happens If I Agree to a Personal Injury Settlement On Behalf of My Child?
Contrary to what you might think, the vast majority of personal injury cases in Tennessee do not go to trial. Most claims arising from car accidents and other negligent acts are resolved by voluntary settlement between the parties. Generally, it is up to the victim–and their personal injury lawyer–to ensure the settlement is fair… Read More »
How Do You Prove the “Proximate Cause” of an Accident?
In any Tennessee personal injury case, it is critical for the victim to establish the “proximate cause” of an accident. Note that the proximate cause may not be the same thing as the immediate cause (or the “cause-in-fact”). For example, if a one driver runs a red light, a second driver suddenly stops to… Read More »
Uber “Self-Driving” Car Accident Raises Questions Over Legal Liability
Automated vehicles were once nothing more than a dream of science fiction writers. But today major corporations like General Motors and Uber have deployed “self-driving” cars on public roadways. Although touted as safer than traditional, human-operated vehicles, self-driving car accidents raise a host of new legal questions that legislators and courts around the country… Read More »
Can a Spouse File a Wrongful Death Lawsuit If He Caused the Fatal Accident?
The law sometimes leads to unusual–even seemingly absurd–results. Last year, we discussed a Tennessee Court of Appeals decision that held the husband of a car accident victim could not bring a wrongful death claim for his wife’s death when he himself had been accused by the victim’s daughter of causing the accident. The Tennessee… Read More »
