Category Archives: Personal Injury
Should I Always See a Doctor Following a Car Accident?
If you are involved in an auto accident, it is generally a good idea to seek medical treatment, even if no physical injury is immediately apparent. At the very least, there is no harm in obtaining an evaluation from a qualified medical professional. While your first instinct may be to say “I’m fine” and… Read More »
Pedestrian Killed on Interstate 40 in Cumberland County
Cumberland County, TN (August 5, 2020) The Tennessee Highway Patrol reports that a pedestrian was struck and killed by a vehicle on Interstate 40 in Cumberland County late on August 5th. The collision occurred between the 326 and 327 mile markers, which are situated close to a rest area. Both lanes were then closed… Read More »
TN School Board Not Liable for Middle School Student’s Lunchroom Accident
There are two common elements to any successful premises liability case. The first is that a “dangerous condition” existed on a property owner’s land. The second is that it was “reasonably foreseeable” that this dangerous condition would injure someone if not corrected. If an injured victim can show both of these things, they may… Read More »
TN Court of Appeals: Cap on Noneconomic Damages Must Be Applied Before Apportioning Fault
Tennessee law limits the amount of money a personal injury victim may receive in compensation for their “noneconomic damages,” such as pain and suffering or the loss of a deceased spouse’s companionship. This cap is $750,000. A jury is free to award more than this amount, but by law the trial judge will reduce… Read More »
Cumberland UTV Accident Injures One
Cumberland County, TN (July 27, 2020) A utility terrain vehicle (UTV) accident in Cumberland County on January 27 resulted in one rider being injured. Law enforcement and medics responded to the scene on Wilson Cemetery Road, where the operator reported that he was driving the UTV through a field when he turned right and… Read More »
TN Court of Appeals: “Passive” Property Owner Not Responsible for Tenant’s Slip-and-Fall Accident
Many personal injury lawsuits involve more than one defendant. It is typically left to a jury to apportion fault among multiple defendants (and in some cases, even the plaintiff). But an appellate court may find there is insufficient evidence to support the jury’s apportionment in a given case. Take this recent decision from the… Read More »
Principal Contractors, Workers Compensation, and Tennessee Personal Injury Law
You probably know that if you are injured in an on-the-job accident, your employer has to pay you workers’ compensation benefits. The flip side to this is that workers’ compensation is an “exclusive remedy” under Tennessee law–this means that by accepting benefits, you cannot then file a personal injury lawsuit against your employer over… Read More »
Can I File a Personal Injury Lawsuit Against My Employer Even If I Already Received Workers’ Compensation Benefits?
Normally, if someone causes you a personal injury, you have the right to sue them for damages in court. But there are special rules that apply when the person responsible for your injuries is also your employer. Tennessee workers’ compensation law typically applies in such cases. In other words, if you are injured on-the-job,… Read More »
Appeals Court Allows Knoxville Slip-and-Fall Case to Proceed After Key Evidence Goes Missing
In any personal injury case involving premises liability, the victim needs to show there was a dangerous condition on the defendant’s property that caused their accident. This can be accomplished through eyewitness testimony, photographs of the scene, or any other evidence that can demonstrate recklessness or negligence on the part of the property owner…. Read More »
Can a Jury Find I’m Responsible for My Own Accident?
A common defense to personal injury claims is “comparative fault.” For example, if you are involved in a car accident and sue the other driver for negligence, the defendant may argue you were also partially at fault for what happened. The jury will then apportion the comparative fault of you and the other driver…. Read More »
