Category Archives: Personal Injury
What is Negligent Security?
When a crime is committed, we often assume that the criminal system is the only way that a victim can receive some sort of reparation, restitution, or payment. You may be surprised to learn that the civil system can also be used to help victims when a crime was committed, especially when the crime… Read More »
What is a Loss of Consortium Claim?
When there is a married couple, and one person in the marriage is injured, there is not just one injured plaintiff. There are actually two: the spouse that was actually in the accident, and the other spouse, who now must cope with the altered life, and the loss of companionship of the other spouse…. Read More »
Wrongful Birth and Wrongful Life Lawsuits
The term wrongful birth sounds awful: the birth of a child should never be negative or wrong. However, in Tennessee law, there is a cause of action or wrongful birth, and although the term itself may be distasteful, the claim is a very serious one. The cases that are often called wrongful birth, wrongful… Read More »
Watch Out for Arbitration Agreements
If you are injured, a large part of your claim may be your pain, suffering, and the difficulties that your injury have caused you in day to day life. You may be depending on a jury to listen to you and relate to how you are feeling when awarding you damages, as these kinds… Read More »
When Can a Tennessee Judge Impose Sanctions Against a Person Who Brings a Medical Malpractice Case?
Tennessee law is often quite hostile to victims of medical malpractice. Unlike other personal injury plaintiffs, malpractice victims must file a “certificate of good faith” prepared by a qualified medical professional. This certificate basically provides an expert opinion that the plaintiff has a legitimate basis to bring their malpractice case. In the absence of… Read More »
When Can a Defendant Try and “Shift Blame” in a Personal Injury Case?
In a personal injury lawsuit, it is not uncommon for a defendant to try and shift blame towards another party. This is known as “comparative fault.” Under Tennessee court rules, a defendant may plead comparative fault as an affirmative defense, but they must do so before trial, in order to give the plaintiff an… Read More »
How Quickly Must a Property Owner Remove Snow or Ice Before It Injures Someone?
Property owners have a general duty to keep their premises in reasonably safe condition for invited guests. This duty can prove quite complicated when it comes to an ongoing potential hazard, such as a winter storm. Legally speaking, a property owner is not required to “continuously remove snow and ice” while a storm is… Read More »
When Can You “Pierce the Corporate Veil” and Hold a Corporate Owner Personally Liable for Negligence?
Personal injury lawsuits are often complicated by the presence of corporate defendants. It can be difficult to unwind the complex web of ownership interests in a business entity. And under most circumstances, it is difficult to “pierce the corporate veil” and hold individual owners and managers personally responsible for negligent acts that injure or… Read More »
Can a Nursing Home Force You to Sign an Arbitration Agreement on Behalf of Your Parent?
When a patient is admitted to a nursing home, one of the first things the staff will attempt to do is get that patient–or a family member–to sign a binding arbitration agreement. In effect, the patient is immediately pressured to sign away their legal right to sue in case they are injured (or killed)… Read More »
TN Court of Appeals Upholds $850,000 Personal Injury Judgment Against Kroger
In August 2016, an 88-year-old Shelby County woman and her daughter went shopping at their local Kroger. After spending about a half-hour in the store, the woman turned her loaded shopping cart to the right. The cart suddenly tipped over, causing the woman to fall to the floor. The fall seriously injured the woman’s… Read More »
