Category Archives: Personal Injury
When Is a Property Owner Liable for Failing to Clear Ice or Snow Following a Storm?
The question of when a property owner is legally responsible for an accident that occurs on its premises is often difficult to answer. As a basic rule, Tennessee courts have said a premises owner must first have “actual or constructive” notice of a dangerous condition that actually exists on the property. To put this… Read More »
How Does Tennessee Law Protect Uninsured Accident Victims?
If you have been seriously injured in an accident, you may be faced with paying tens of thousands of dollars in medical bills, especially if you lack insurance. And even if you are able to recover some amount of damages in a personal injury claim against the person who caused your accident, that may… Read More »
Supreme Court Allows Personal Injury Lawsuit Against TVA to Proceed
Personal injury against government agencies are often complicated by the legal principle of “sovereign immunity.” Essentially, you cannot sue the government unless it consents, typically through legislation waiving the immunity. At the federal level, for example, the Federal Tort Claims Act (FTCA) allows victims of government employee negligence to file a personal injury claim,… Read More »
TN Hospital Accused of “Coercing” Expert Witness in Medical Malpractice Case
In some personal injury cases, notably those involving product liability or medical malpractice, expert testimony is often necessary to establish the defendant’s negligence. Indeed, in any health care liability case, Tennessee law requires the testimony of at least one qualified expert who can explain how the defendant deviated from the accepted “standard of care”… Read More »
How Store Surveillance Footage Can Defeat Your Personal Injury Claim
When it comes to personal injury cases, a picture can be worth a thousand words. That is to say, visual evidence is typically more persuasive than oral argument. This can prove to be a double-edged sword for injury victims who allege an accident occurred one way–yet video evidence produced by the defense suggests a… Read More »
Tennessee AG May Ask Supreme Court to Reinstate Cap on Punitive Damages
Last December, a federal appeals court delivered an important ruling for personal injury victims and their families when it declared unconstitutional a Tennessee law limiting jury awards of punitive damages. According to the Knoxville News-Sentinel, Tennessee Attorney General Herbert L. Slatery III is in the process of deciding whether to ask the U.S. Supreme… Read More »
Can You Seek Damages for Your Own “Loss of Household Services” in a Personal Injury Case?
There are many different types of damages a plaintiff may seek in a personal injury lawsuit. Some of the more common categories include economic losses like medical bills and non-economic damages such as “pain and suffering” and “loss of enjoyment of life.” But what about “loss of household services.” By this, we mean the… Read More »
What Happens When There Is a Disagreement Over the Facts Surrounding an Accident?
Not every personal injury case makes it to trial. In some cases, a judge may decide to issue a summary judgment in favor of one party. Summary judgment is basically designed to more quickly dispose of cases where the “material facts” are not in dispute. Court of Appeals Revives Personal Injury Claim of Man… Read More »
How Legal “Privilege” Can Prevent Disclosure of Evidence in a Personal Injury Case
In personal injury litigation, third parties may possess valuable information that can help prove (or disprove) a plaintiff’s allegations. Under normal circumstances, either party to the case may ask the court to issue a subpoena for such information, assuming it is not protected by some specified legal privilege. For example, the defendant in a… Read More »
Pa. Judge Refuses to Dismiss Defective Knee Replacement Lawsuit Against Arthrex
A knee replacement is major, life-altering surgery. So if something goes wrong due to a defect in the replacement device, it can have a substantial, negative impact on the quality of life for both the patient and their family. And the manufacturer responsible for producing such defective medical devices can be held responsible via… Read More »
