Author Archives: Jay Butchko
Do I Need Expert Testimony to “Prove” My Injuries Following a Car Accident?
If you suffer complex injuries in an accident, you will typically need to provide expert medical testimony in a subsequent personal injury lawsuit to prove “causation.” Put another way, you cannot ask the jury to solely rely on your word as to the nature and extent of your injuries; you will need to present… Read More »
Understanding The Discovery Rule and Tennessee’s Statute of Limitations
Tennessee has a one-year statute of limitations for most personal injury claims. This means that if you are injured in an accident caused by someone else’s negligence, you have just one year to file a lawsuit to recover damages. In most cases this deadline is easy enough to understand. But in some personal injury… Read More »
Tennessee Supreme Court Holds Salon Can Stand Trial for Sexual Assault of Customer
In Tennessee, the normal rule is that a person cannot sue a “health care provider” for professional negligence (i.e., malpractice) unless their complaint includes a certificate from a qualified expert asserting the case is brought in “good faith.” Basically, if the case requires a jury to determine whether or not a health care provider… Read More »
TN Supreme Court: Accident Victims Can Proceed with Consumer Protection Lawsuit Against Hospitals
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 »
How the Statute of Repose Can Defeat Your Personal Injury Lawsuit
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 »
TN Supreme Court Dismisses Malpractice Case Against Mental Health Facility Over HIPAA Non-Compliance
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 »
Do I Still Have to Prove Damages–Even When It’s Obvious the Other Driver Caused the Accident?
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 »
Tennessee Supreme Court: Vanderbilt Fellowship Does Not Qualify Out-of-State Doctor to Testify in Medical Malpractice Case
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 »
How Can I File a Personal Injury Lawsuit Against Someone Who Has Died?
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 »
When Is a Store Responsible for Customers Who Are Injured in the Parking Lot?
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 »