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Category Archives: Personal Injury

Malpractice3

Understanding The Discovery Rule and Tennessee’s Statute of Limitations

By Fox Willis Burnette, PLLC |

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 »

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PainSuff

Tennessee Supreme Court Holds Salon Can Stand Trial for Sexual Assault of Customer

By Fox Willis Burnette, PLLC |

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 »

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Injured3

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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MedMal3

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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DrEval2

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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Injury4

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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PILawyer

What Are the Exceptions to Tennessee’s Cap on Non-Economic Damages in Personal Injury Cases?

By Fox Willis Burnette, PLLC |

Since 2011, Tennessee law has limited the amount of “non-economic” damages a personal injury victim can recover for their pain and suffering. In most cases, this noneconomic damages cap is $750,000. But the cap does not apply in all cases. The law includes an exception for cases where the defendant “intentionally falsified, destroyed or… Read More »

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