Category Archives: Personal Injury
Frye and Daubert: Understanding Expert Testimony
Expert testimony is vitally important in personal injury cases. In almost every type of case, there is some level of expert testimony that is needed. But a good personal injury lawyer understands that not every statement by an expert will get admitted into evidence. Why Do We Need Expert TEstimony? As a general rule,… Read More »
Resident on Resident Violence in Nursing Homes Is Common
As time has gone on, people have started to become more and more aware of how our most vulnerable population can be injured. Our loved ones who must be placed in nursing homes are often victimized by those who are trying to take care of them, usually just by carelessness, malfeasance, or failure to… Read More »
Why Do We Need Class Action Lawsuits?
To the general public, class action lawsuits are shrouded in mystery. The news reports on when some of them are filed. Some don’t seem to make much sense. Often, there are reports of large verdicts or settlements. But what are class action lawsuits, and why do we need them to help us file lawsuits… Read More »
Airbags: Dangerous and Necessary
Few would imagine that a piece of technology meant to protect you and even save your life in the case of an auto accident could itself be a danger. But unfortunately that is the reality; while airbags, devices that can save lives when deployed properly, can also prove to be highly dangerous in some… Read More »
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 »
