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Category Archives: Personal Injury

Trucks

When Can a Judge Reduce the Amount of Damages Awarded by a Jury in a Truck Accident Lawsuit

By Fox Willis Burnette, PLLC |

Although plaintiffs have a right to trial by jury in personal injury cases, there are times when the judge may step in an attempt to reduce the amount of damages awarded by the jurors. This is known as a “remittitur.” Under Tennessee law, a judge may suggest a remittitur after “independently” weighing the evidence…. Read More »

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Heart

TN Supreme Court Rejects Medical Malpractice Lawsuit Due to Expert Witness’ Lack of “Competency”

By Fox Willis Burnette, PLLC |

In a medical malpractice lawsuit, causation is everything. The plaintiff–the victim of the malpractice–must prove the defendant’s actions caused their injuries. To accomplish this, the plaintiff typically needs to present testimony from one or more qualified medical experts who can establish how the defendant’s actions deviated from the accepted standard of care. In the… Read More »

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SlipFall5

Can I Sue My Landlord for a Slip-and-Fall Accident in My Own House?

By Fox Willis Burnette, PLLC |

As a general rule, Tennessee law does not permit the tenant of a property to sue the landlord for injuries sustained on the lease premises. In other words, if you get into a slip-and-fall accident in your own house, you cannot bring a personal injury claim against the landlord. There are, of course, several… Read More »

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Whiplash

Can I Sue My Employer If They Intentionally Injured Me at Work?

By Fox Willis Burnette, PLLC |

The basic rule in Tennessee is that you cannot file a personal injury lawsuit against your employer for an injury you sustained on the job. The reason for this is simple: Such injuries are normally covered by workers’ compensation, which provide “no-fault” medical and wage replacement benefits in such situations. But workers’ compensation does… Read More »

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WorkInjury11

Can I File a Personal Injury Lawsuit If My Employer Does Not Have Workers’ Compensation Insurance?

By Fox Willis Burnette, PLLC |

The normal rule in Tennessee is that a worker injured in the course of their employment may only seek benefits through the workers’ compensation system. That is to say, if you are hurt in an on-the-job accident, you cannot file a personal injury lawsuit against your employer. Instead, you must seek medical and wage… Read More »

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Liability5

Family of 2-Year-Old Killed in Tennessee Park Files Claim Against the State

By Fox Willis Burnette, PLLC |

When you take your family out to a Tennessee state park, you expect the area will be maintained in a reasonably safe condition. And if there are any known hazards that could threaten your life, you would also expect state officials to mitigate that risk and provide appropriate warnings. Unfortunately, the reality is often… Read More »

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Accident2

Federal Law and the Right to Compensation for “Loss of Household Services”

By Fox Willis Burnette, PLLC |

Earlier this year, a federal judge in Nashville rejected a personal injury plaintiff’s claim for loss of household services under Tennessee law. As we explained at the time, the plaintiff was injured after a Southwest Airlines flight ran off the taxiway at Nashville International Airport. The plaintiff subsequently sued Southwest, seeking among other things… Read More »

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Sidewalk

Tennessee City Found Not Liable for Injuries to Woman Who Tripped on Cracked Sidewalk

By Fox Willis Burnette, PLLC |

Anytime you see owe a property owner in a slip-and-fall accident, it is important to understand a judge or jury will require proof that the owner had either actual or “constructive” knowledge of the hazard that caused your fall. This is often easier said than done. Even when you think that the owner should… Read More »

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Accident_Lot

Is a Business Owner Responsible for a Car Accident That Occurs at the Exit to Its Parking Lot?

By Fox Willis Burnette, PLLC |

In any personal injury case, the plaintiff must establish the defendant owed them some “duty” or legal obligation. For instance, drivers on the highway owe a duty to other people on the road not to drive recklessly. But in other cases, the existence of a duty may not be as clear. Court of Appeals:… Read More »

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Legal12

Navigating the Legal Pitfalls of Medical Malpractice Litigation in Tennessee

By Fox Willis Burnette, PLLC |

In a medical malpractice lawsuit, it is common for there to be multiple defendants. The plaintiff normally has the responsibility of identifying and providing pre-lawsuit notice to each defendant. Such notice is not required in other types of personal injury cases, but Tennessee law does mandate it specifically in medical malpractice claims. Court of… Read More »

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