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Category Archives: Car Accident

CarAccident3

Understanding Tennessee’s One-Year Deadline to File Personal Injury Lawsuits

By Fox Willis Burnette, PLLC |

When you are injured in a car accident, the clock starts ticking right away on your time to bring a personal injury claim against the negligent driver. To be more precise, you normally have one year from the date of the accident to file a lawsuit and serve the defendant. While a court may… Read More »

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Is a Store Owner Liable for a Customer Injured Off-Premises?

By Fox Willis Burnette, PLLC |

It is not uncommon for personal injury claims to arise from a foreseeable injury that occurs on a business owner’s property. But what about a scenario where the injury occurs off-property but is in some way tied to the property owner’s failure to act? Does the injured victim still have a viable claim against… Read More »

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CarAccident

Tennessee Appeals Court Throws Out $250,000 Auto Accident Verdict

By Fox Willis Burnette, PLLC |

When it comes to personal injury claims arising from car accidents, a Tennessee court requires proof of “causation”–that is, evidence directly linking the accident to the victim’s injuries. In many cases this requires expert medical testimony, particularly when the injuries are more complex than, say, a mere cut or abrasion. And any expert evidence… Read More »

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CarAccClaim

Can I Sue the Negligent Driver’s Insurance Company Directly Following a Car Accident?

By Fox Willis Burnette, PLLC |

Tennessee is what is known as a “fault” state when it comes to auto accidents. So if you are injured in an accident due to another driver’s negligence, the driver who is at-fault must pay for your damages. From a practical standpoint, this usually means the negligent driver’s insurance company will pay you, up… Read More »

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How Do I Bring a Claim Under My Uninsured Motorist Policy?

By Fox Willis Burnette, PLLC |

It is always a good idea to purchase uninsured motorist (UM) coverage as part of your auto insurance policy. As the name suggests, UM coverage provides for benefits in the event you are involved in a car accident with an uninsured or underinsured driver. UM coverage is particularly useful when you are the victim… Read More »

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Can You Sue Another State in Tennessee Court Over a Car Accident?

By Fox Willis Burnette, PLLC |

Under normal circumstances, if a car accident takes place in Tennessee, then the injured party may seek remedy in a Tennessee court. But what about an accident that occurs on or near a border–say on a bridge connecting Tennessee and Arkansas. And to make things more interesting, what if the plaintiffs and the defendants… Read More »

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What Happens When the Defendant Dies Before a Personal Injury Lawsuit Is Served?

By Fox Willis Burnette, PLLC |

There are a number of things that can go wrong with a personal injury lawsuit that are outside of the victim’s control. For example, what happens if you are in a car accident and the other driver passes away before you have a chance to file your lawsuit? Now, you might say the answer… Read More »

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TN County May Not Impose Lien Against Injured EMT’s Accident Settlement

By Fox Willis Burnette, PLLC |

There is a longstanding rule in Tennessee known as the “made whole” doctrine. This rule often comes up in personal injury cases. Let’s say you are in a car accident. You incur $50,000 in medical bills as a result. Your insurance company only covers half this amount, or $25,000. You then sue the negligent… Read More »

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Dealing with Hospital Liens Following a Car Accident

By Fox Willis Burnette, PLLC |

If you require medical treatment for injuries sustained in a car accident, you may find yourself on the hook for a substantial hospital bill. And if you later file a personal injury lawsuit against the negligent driver who caused your accident, the hospital may file a lien against any judgment you obtain. Such hospital… Read More »

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How Tennessee’s Agritourism Law Affects the Legal Rights of Accident Victims

By Fox Willis Burnette, PLLC |

There are many car accidents where more than one party may be at fault. This is why Tennessee’s comparative fault rules require a jury to apportion liability among all responsible parties. This can pose a problem for a victim, however, if one or more of these parties are not actually part of the lawsuit–and… Read More »

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