Category Archives: Personal Injury
Can I Sue My Employer If They Intentionally Injured Me at Work?
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 »
Can I File a Personal Injury Lawsuit If My Employer Does Not Have Workers’ Compensation Insurance?
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 »
Family of 2-Year-Old Killed in Tennessee Park Files Claim Against the State
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 »
Federal Law and the Right to Compensation for “Loss of Household Services”
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 »
Tennessee City Found Not Liable for Injuries to Woman Who Tripped on Cracked Sidewalk
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 »
Is a Business Owner Responsible for a Car Accident That Occurs at the Exit to Its Parking Lot?
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 »
Navigating the Legal Pitfalls of Medical Malpractice Litigation in Tennessee
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 »
Why Is It a Bad Idea to Represent Myself in a Personal Injury Case?
At some point you may have heard the proverb, “I hesitate not to pronounce, that every man who is his own lawyer, has a fool for a client.” The exact origin of this expression is unknown. But the sentiment is timeless. To put it another way, while every person has the legal right to… Read More »
Tennessee Supreme Court Finds Psychiatrist Not Liable for Ex-Wife’s Suicide
Like any personal injury case, a wrongful death claim requires the plaintiff to establish the defendant’s negligence. Under Tennessee law, negligence requires proof the defendant had a “duty of care” to the plaintiff or victim that was then somehow breached. In a wrongful death case, it is also critical to establish this breach was… Read More »
Tennessee Cities Look to Ban Electric Scooters Due to Safety Risk
Electric scooters have become a common sight in major cities in Tennessee and around the country in recent years. Scooter companies make it easy for customers to rent the devices using a smartphone app. But the rapid proliferation of electric scooters has also led to concerns about the risk of personal injury, both to… Read More »
