Category Archives: Personal Injury
Can I Lose Workers’ Compensation Benefits If I Fail to Provide a Complete Medical History?
Workers’ compensation is designed to protect employees who are injured on the job. But employers—and their insurance companies—often look for any angle they can to avoid paying what are supposed to be no-fault benefits. And while there are legitimate exceptions under Tennessee workers’ compensation law, as an injured employee you should not back down… Read More »
When Is a Forced Arbitration Agreement Unenforceable in Tennessee?
Many Tennessee Titans fans likely cheered the recent news that a federal appeals court in New York had rejected New England Patriots quarterback Tom Brady’s efforts to overturn his four-game suspension by the NFL. But the story behind the Brady case should give pause to anyone who has ever dealt with a nursing home… Read More »
Sixth Circuit Rejects Asbestos Lawsuit from Former Oak Ridge Subcontractors
Many workers have suffered serious, life-threatening illnesses while working at energy facilities throughout Tennessee, such as the U.S. Department of Energy’s Oak Ridge National Laboratory located near Knoxville. In recent years, nearly two dozen illnesses have been reported by energy and atomic workers, including cancer, lung disease, and hearing loss. Unfortunately, holding companies responsible… Read More »
What Are a “Deadbeat Dad’s” Rights Under Tennessee’s Wrongful Death Law?
In Tennessee, a wrongful death lawsuit is designed to compensate certain family members for the loss of a loved one due to the “wrongful act, omission, or killing by another.” For example, if a person is killed in a car accident caused by a drunk driver, the deceased victim’s spouse may file a wrongful… Read More »
Tennessee Not Liable for College Student’s Additional Hearing Loss
In a personal injury claimed based on negligence, a plaintiff must prove that she was owed a duty by the defendant, that the defendant breached that duty, and that said breach was the proximate cause of her injury or less. It is not enough to show the defendant may have been careless or even… Read More »
When Is a Property Owner Liable for Dangerous Conditions?
In any space that is open to the public, such as a retail store or restaurant, the owner has a legal duty to its customers (or “invitees”) to ensure the property is free of any dangerous conditions that it knows about or reasonably should have known about. For example, let’s say there is a… Read More »
Tennessee Courts Still Sorting Out Mexican Car Accident Lawsuits
Car accident litigation is often complicated when the parties to the case reside in different states—or in some cases different countries. For example, Tennessee courts normally have jurisdiction over any personal injury lawsuit arising from conduct that occurs within the state. But there may be times when an accident outside of Tennessee may still… Read More »
First Product Liability Lawsuits Filed in Massive Airbag Recall
Losing a child in a car accident is always tragic. But when you lose a child not because of the accident itself, but because the airbag that was supposed to keep her safe exploded instead, tragedy can turn to justified anger at the manufacturers who allowed a defective product to enter the market. That… Read More »
Does the State Have a Duty to Inform You of Your Child’s Death?
Every parent fears getting a call from law enforcement or another government official informing them of their child’s death. But what happens when a parent never gets that call and spends years wondering what happened to their son or daughter? A recent Tennessee personal injury lawsuit addressed this sad question. Father Learns of Daughter’s… Read More »
Driving While Texting Is a Leading Cause of Car Accidents
When we think about negligence leading to car accidents, our first thought is usually drunk driving. But alcohol is not the only vice that can negatively influence a driver’s ability to operate a vehicle in a safe and lawful manner. Texting while driving is also a major cause of auto accidents in Tennessee and… Read More »
