Category Archives: Personal Injury
How Long Do I Have to File a Tennessee Workers’ Compensation Claim?
Tennessee workers’ compensation law allows employees to seek a “benefits review conference” (BRC) if their employer denies benefits for any reason. The burden is on the employee to seek a BRC by filing a “request for assistance” with the Tennessee Department of Labor. This is similar to a filing a complaint in order to… Read More »
Justice Department Sues Bankrupt Tennessee Nursing Home Operator for Fraud
Too many elderly Tennessee residents are victims of nursing home abuse. While the majority of nursing homes provide quality care, an increasing number have come under scrutiny for negligence, malpractice, and outright abuse of residents. In recent years state and federal authorities have started to take the problem of nursing home abuse seriously, leading… Read More »
Can I Be Blamed for My Doctor’s Malpractice?
Comparative fault is a common defense raised in Tennessee personal injury lawsuits. Basically, the defendant claims the plaintiff’s actions somehow contributed to his or her injury. In a car accident lawsuit, for example, a defendant accused of negligent driving might argue the plaintiff was also negligent and therefore at least partially responsible for the… Read More »
Bringing a Wrongful Death Claim in Tennessee
There is no amount of money that can compensate for losing a child. But when a child dies due to a third party’s negligence, the parents have a legal right to seek justice. In Tennessee, as in most states, the most common venue for such justice comes in the form of a wrongful death… Read More »
Is the Company That Hires a Delivery Truck Liable for an Accident?
Vicarious liability is a legal issue that often arises in the context of personal injury lawsuits. For example, if you are in a car accident caused by the other driver’s negligence, you may have a cause of action not only against the driver, but the person or company that owned the vehicle. In other… Read More »
Samsung Faces Recall, Possible Liability Over Exploding Phone Batteries
Any company that sells consumer products has a legal and ethical responsibility to ensure said products are safe. When a defect is discovered, a recall is usually the first step. But it is not the last. Recalling and replacing dangerous products after-the-fact do little for individuals who are injured prior to the defect’s discovery…. Read More »
Australian Mining Giant Sued Over Talcum Powder, Ovarian Cancer Link
The link between the use of talcum powder and ovarian cancer continues to draw international attention. Earlier this year, two separate plaintiffs in Missouri won multi-million damage awards against Johnson & Johnson, the leading U.S. distributor of talcum powder, which the company has long marketed as a feminine hygiene product. And now a new… Read More »
Can My Employer Reassign Me to a Lower-Paying Job to Avoid Workers’ Compensation?
The Tennessee workers’ compensation system is designed to protect employees who are unable to return to work following an on-the-job injury. One way the law protects employees is by awarding higher benefits in cases where the injured employee does not have a “meaningful return to work” following an accident. A “meaningful” return means, among… Read More »
Tennessee Court Upholds $250,000 Judgment in Premises Liability Case
In a personal injury case, a victim’s damages are not necessarily limited to medical bills and other costs arising from the immediate physical injury. Damages may also be available for the long-term economic harm suffered by the victim, including any life changes arising from the original injury. Tennessee courts have long recognized the importance… Read More »
What Happens If a Volunteer Is Injured While Working on My House?
Many of us enjoy doing our own home repair and home improvement projects. Some of us go so far as to build our own homes. If you take this course of action, it is important to be aware of the potential legal risks you might incur if you hire other people to assist you… Read More »