Category Archives: Personal Injury
Do Tennessee Courts Still Apply “Contributory Negligence”?
In 1992, the Tennessee Supreme Court ended its longstanding rule of “contributory negligence” in personal injury cases. Contributory negligence meant that a plaintiff could not recover any damages if he or she was found to have contributed, even in a small way, to the underlying accident. For example, if the defendant was driving drunk… Read More »
Is Video Enough to Prove (or Disprove) a Driver’s Liability for a Car Accident?
We live in an age where just about everything we do can be recorded. In addition to our smartphones, which are essentially portable recording devices, many police departments and businesses now employ dashboard cameras to record constant video of highway activities. This can prove useful in the event of a car accident, although video… Read More »
How Can You Prove Nursing Home Neglect Led to Your Loved One’s Death?
Too many elderly people in Tennessee are the victims of nursing home abuse and neglect. In many cases, nursing home personnel fail to follow proper protocols and the patient suffers–or even dies–as a result. Unfortunately, connecting such failures to actual patient harm can prove difficult when pursuing a personal injury or wrongful death claim… Read More »
Dealing With Medical Malpractice Following a Motorcycle Accident
Motorcycle accidents often leave its victims with catastrophic injuries. This is understandable, given that motorcyclists lack the same physical protections as car and truck drivers. This means that a head-on collision can easily leave the motorcycle operator paralyzed–or dead. Appeals Court Rejects Amputee’s Lawsuit Against Hospital Of course, whether a motorcycle accident victim receives… Read More »
Is Giving a Patient Coffee “Health Care” Under Tennessee Medical Malpractice Law?
Personal injury claims involving medical malpractice or nursing home abuse often revolve around what exactly constitutes “health care.” The reason this matters is that “health care liability” lawsuits in Tennessee are subject to different rules than claims for ordinary negligence, such as car accidents or premises liability. Many personal injury claims are summarily dismissed… Read More »
FDA Puts a Stop to Sale of Unapproved “Skin Whitening” Products
Many Tennessee consumers are misled into purchasing dangerous drugs and defective medical devices by false labeling. Unscrupulous manufacturers and sellers may claim a drug has been scientifically tested–or even have the endorsement of the U.S. Food and Drug Administration (FDA)–when that is not the case at all. When such medically unsound products are allowed… Read More »
Can I Receive Tennessee Workers’ Compensation Benefits for PTSD?
Personal injury claims often focus on a victim’s physical injuries. But mental injuries are just as important. Indeed, psychological trauma can last for months or years after all physical injuries have been treated and healed. Even in the context of workers’ compensation cases, psychiatric injuries may be undervalued. Many employers will balk at an… Read More »
Does a “Sudden Emergency” in the Operating Room Justify Medical Malpractice?
In a personal injury lawsuit, the defendant may try to avoid liability by invoking the “sudden emergency” doctrine. Basically, if there is a “sudden and unexpected emergency” that requires the defendant to react without time to think, he or she is not responsible for the consequences of their actions, even if the result was… Read More »
Tennessee Court Rules Gun Owner May Be Liable for Suicide Victim’s Death
Most gun-related deaths in the United States are suicides rather than homicides. According a 2015 report in the New York Times, “More than 60 percent of people in this country who die from guns die by suicide.” In addition, a majority of successful suicides are committed using a gun. Given these sobering figures, it… Read More »
Is an International Airline Liable If I Am Injured During the Flight?
Accidents can happen anywhere. But where the accident took place can affect your legal rights. For example, if you are injured in a car accident on Tennessee roads, there is no question that the state’s personal injury laws would govern any subsequent lawsuit you file against a negligent party. But what happens if the… Read More »
