Category Archives: Personal Injury
Can a Spouse File a Wrongful Death Lawsuit If He Caused the Fatal Accident?
The law sometimes leads to unusual–even seemingly absurd–results. Last year, we discussed a Tennessee Court of Appeals decision that held the husband of a car accident victim could not bring a wrongful death claim for his wife’s death when he himself had been accused by the victim’s daughter of causing the accident. The Tennessee… Read More »
How Comparative Fault Can Affect Your Personal Injury Award
Comparative fault is a critical concept in a Knoxville personal injury case. The basic idea is simple enough. A court must determine the relative fault of the plaintiff, if any, and reduce his or her damage award accordingly. But under no circumstances can a plaintiff recover if their comparative fault was equal to or… Read More »
Do You Know Who Actually Caused Your Car Accident?
It is important to conduct a proper investigation following a car accident to ascertain all of the parties that may be legally responsible. This can be especially difficult if there are multiple vehicles and drivers involved, or if the at-fault driver left the scene before they could be questioned. In some cases, it may… Read More »
What Happens When Medical Malpractice Is Not Discovered Until After the Patient Dies?
There are always legal deadlines that must be complied with in personal injury cases. When the clock starts to run on these deadlines, however, varies depending on the facts of a particular case. When it comes to something like medical malpractice, there is a one-year statute of limitations that starts to run on the… Read More »
Can the Defendant in a Personal Injury Case Demand to See My Private Facebook Account?
We live in a culture where it is now common practice to share every aspect of our lives on social media. Many of us have online-exclusive “friends” who follow us on Facebook, Twitter, Instagram, and similar platforms. But if you are involved in a car accident or another event that leads to a serious… Read More »
Understanding the Right to a Jury Trial in Tennessee Personal Injury Cases
In most civil cases, such as personal injury claims, either party has the right to demand a trial by jury. Furthermore, the parties have the right to question potential jurors about their potential biases and prior knowledge of the case. Tennessee law further allows each party–the plaintiff and the defendant–to challenge (exclude) four potential… Read More »
Senator Proposes Bill to Mandate Underride Guards in Tractor-Trailers
Cars are at a decided disadvantage in a collision with a tractor trailer. Indeed, truck accidents often prove fatal to the occupants of the smaller vehicle. One reason for this is that the car may slide underneath the larger commercial truck. These so-called underride crashes lead to hundreds of fatalities every year, according to… Read More »
TN Hospital Not Liable for Defective Door That Injured 71-Year-Old Patient
When you walk into any kind of public facility, such as a store or even a government office, you have the right to expect the premises are in a reasonably safe condition. Legally speaking, a premises owner is not necessarily responsible for every customer who is injured, but there may be liability if there… Read More »
How Can a Child Support Order Affect My Personal Injury Settlement?
Many personal injury claims are settled out of court. A settlement agreement is a legally binding contract between the parties. So once you sign an agreement you generally cannot back out of it, and the other party has the right to seek enforcement of the deal in court, even if you later believe the… Read More »
Distracted Driving Continues to Drive Up Car Accident Reports
Distracted driving is one of the leading causes of car accidents in Tennessee. According to a recent report published by Slate, there has been a 14 percent “spike in roadway fatalities” nationally over the past two years, and many experts attribute this to distracted activities such as texting while driving. Slate pointed to one… Read More »
