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Category Archives: Personal Injury

Liability6

Tennessee Supreme Court Finds Psychiatrist Not Liable for Ex-Wife’s Suicide

By Fox Willis Burnette, PLLC |

Like any personal injury case, a wrongful death claim requires the plaintiff to establish the defendant’s negligence. Under Tennessee law, negligence requires proof the defendant had a “duty of care” to the plaintiff or victim that was then somehow breached. In a wrongful death case, it is also critical to establish this breach was… Read More »

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Scooter3

Tennessee Cities Look to Ban Electric Scooters Due to Safety Risk

By Fox Willis Burnette, PLLC |

Electric scooters have become a common sight in major cities in Tennessee and around the country in recent years. Scooter companies make it easy for customers to rent the devices using a smartphone app. But the rapid proliferation of electric scooters has also led to concerns about the risk of personal injury, both to… Read More »

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Boat3

How Federal Law May Apply to a Boating Accident

By Fox Willis Burnette, PLLC |

If someone is injured in a boating accident, they have the same right to sue the negligent parties as someone involved in a car accident. However, boating accidents may invoke federal admiralty jurisdiction, which is a distinct body of law from state-based personal injury claims. Judge Awards Damages to Injured Bass Tournament Cameraman Following… Read More »

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TN Court of Appeals Revives Medical Malpractice Lawsuit

By Fox Willis Burnette, PLLC |

The federal law known as HIPAA protects the privacy and confidentiality of a patient’s medical records. In other words, your doctor cannot disclose any part of your medical record to another person without your consent. But if you later sue your doctor for medical malpractice, Tennessee law requires you sign a “HIPAA compliant medical… Read More »

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PILawyer

Why Is It a Bad Idea to Represent Myself in a Personal Injury Case?

By Fox Willis Burnette, PLLC |

At some point you may have heard the proverb, “I hesitate not to pronounce, that every man who is his own lawyer, has a fool for a client.” The exact origin of this expression is unknown. But the sentiment is timeless. To put it another way, while every person has the legal right to… Read More »

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TBI

Tennessee State Not Liable for Death of Student During Football Practice

By Fox Willis Burnette, PLLC |

Every parent sends their child off to college hoping they will thrive and go on to succeed in life. So when a child tragically dies while participating in an officially sanctions school activity, the understandably shocked and grieving parents may seek to hold the university responsible via a personal injury lawsuit. Unfortunately, proving negligence… Read More »

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Legal13

Can You Sue the Police for Falsely Informing You of Your Child’s Death?

By Fox Willis Burnette, PLLC |

Negligent infliction of emotional distress (NIED) is a special type of personal injury claim where the defendant acts in a manner that is so reckless as to cause a mental or emotional injury to the plaintiff. A NIED claim involves more than “hurt feelings.” Rather, NIED cases involve specific trauma arising from a negligent… Read More »

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Victim

Methodist Healthcare Accused of Overcharging Accident Victim

By Fox Willis Burnette, PLLC |

In most civil lawsuits, such as personal injury claims, the plaintiff gets to decide where to file their lawsuit. For example, many plaintiffs prefer to try a case in Tennessee state court rather than federal court. Under certain circumstances, however, the defendant has the right to move a case from state to federal court…. Read More »

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Liab2

Court of Appeals: Memphis Restaurant Not Legally Responsible for Customer’s Death

By Fox Willis Burnette, PLLC |

Personal injury claims against restaurants usually involve matters like slip-and-fall accidents. But they can also involve more serious incidents where a customer becomes seriously ill–or even dies–as a result of negligence on the part of the restaurant’s kitchen staff. Proving such claims, however, are not easy and often require complex litigation. Premises Liability Does… Read More »

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Is an Employer Responsible for an Accident Caused by an Employee Who Leaves Work Early?

By Fox Willis Burnette, PLLC |

In Tennessee law, the principle of “respondeat superior” means that an employer can be held vicariously liable for the negligent acts of its employees. A common example of this an employee driving their employer’s truck who causes an accident. The employer can be held responsible for damages in a personal injury brought by the… Read More »

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