Category Archives: Personal Injury
TN Court of Appeals Dismisses Personal Injury Lawsuit Brought By Self-Represented Plaintiff
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 »
What Are the Exceptions to Tennessee’s Cap on Non-Economic Damages in Personal Injury Cases?
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 »
The Statute of Limitations vs. The Statute of Repose in Tennessee Medical Malpractice Cases
In personal injury law there are two critical deadlines that plaintiffs need to understand: the statute of limitations and the statute of repose. A statute of limitations is a deadline based on when the plaintiff’s cause of action “accrues,” which may be different then the date the injury occurred. A statute of repose, in… Read More »
The Critical Difference Between Ordinary Negligence and Medical Malpractice in Tennessee
Tennessee law distinguishes between ordinary negligence and medical malpractice. For example, if you are injured in a slip-and-fall accident while walking into a hospital lobby, you could sue the hospital for ordinary negligence. But if you were injured due to a mistake made by a doctor at the hospital who was treating you, that… Read More »
What Is the “Open and Obvious” Defense, and How Could It Affect My Personal Injury Lawsuit?
In personal injury cases dealing with premises liability, property owners will often deploy what is known as the “open and obvious” defense. Essentially, this defense states that the hazard that caused the plaintiff’s injury was so open and obvious, an average person would know to protect themselves. What actually qualifies as “open and obvious”… Read More »
Class Action Filed Against Purell Manufacturer Over Allegedly Deceptive Health Claims
While business closures and unemployment continue to rock Tennessee as a result of the Covid-19 pandemic, some companies are continuing to profit. A recent story from Yahoo Finance highlighted the boom in sales of the hand sanitizer Purell, which is manufactured by the privately held GOJO Industries. Yahoo noted that retail stores are sold… Read More »
Comparative Fault: Why the Personal Injury Victim Is Also on Trial
When you file a personal injury lawsuit, you need to recognize that your own actions may become an issue at trial. Tennessee follows what is known as a “modified comparative fault” rule in personal injury cases. This means that a jury will apportion fault for an accident among all of the relevant parties, including… Read More »
When Can a Judge Reduce the Amount of Damages Awarded by a Jury in a Truck Accident Lawsuit
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 »
TN Supreme Court Rejects Medical Malpractice Lawsuit Due to Expert Witness’ Lack of “Competency”
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 »
Can I Sue My Landlord for a Slip-and-Fall Accident in My Own House?
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 »
