Category Archives: Personal Injury
Time Is of the Essence in Tennessee Medical Malpractice Cases
Medical malpractice is often difficult for a victim to discover. The effects of a physician’s negligence may not be immediately obvious, and in many cases, a patient may not learn about the problem until years after the fact. This can pose a challenge when filing a medical malpractice lawsuit. Under Tennessee law, a patient… Read More »
The Importance of Expert Testimony in Medical Malpractice Cases
Tennessee law requires victims in medical malpractice cases to clear certain hurdles before their case can even get to trial. Unlike many other personal injury claims, medical malpractice requires the plaintiff to produce “expert testimony” from a licensed health care professional qualified in the field “relevant to the issues in the case.” Without such… Read More »
Is an Insurance Company Obligated to Pay a Personal Injury Judgment?
A personal injury lawsuit often involves a number of complex legal issues. For instance, even after a plaintiff has clearly established the defendant’s liability and proven he or she is entitled to damages, that often leads to the question of who will actually pay the award. Defendants often have insurance policies to cover personal… Read More »
Understanding the Dangers of All-Terrain Vehicle Use
All-terrain vehicles (ATVs) are a popular choice for recreation in Tennessee. But ATV usage is also a leading cause of personal injury and even death. The U.S. Consumer Product Safety Commission, which has tracked ATV usage since the 1980s, recently noted that Tennessee is among the top ten U.S. states for ATV-related fatalities, with… Read More »
Will Tennessee Hold Property Owners Liable If They Establish “Gun Free” Zones?
The Tennessee General Assembly recently convened its annual legislative session. Each year brings a chance for legislators to consider new laws governing matters like personal injury. And if one state senator gets his way, some Tennessee businesses may soon face a unique form of liability if they choose to keep their premises free of… Read More »
Should I Take Pictures Following My Car Accident?
Most of us carry a smart phone with a built-in camera. This can prove useful if you are in a car accident. It is generally a good idea to take pictures at the accident scene, even if you don’t see much damage, because it may provide valuable evidence in any subsequent personal injury lawsuit…. Read More »
Tennessee Judge Says Contractor Not Liable for Defect in Army Helicopter
Product liability is usually associated with events like car accidents, where a defect in the manufacturer’s design either causes or aggravates a victim’s injuries. But what about cases where a person is injured while operating a vehicle designed and manufactured for the government? A recent decision by a federal judge in Tennessee addressed such… Read More »
Insurance Exclusions May Work to the Detriment of Accident Victims
Sorting out legal liability following a car accident is often more complicated than you might think. For example, if the vehicle that causes an accident is insured, you might assume the insurance company is automatically responsible for any damages owed to the victims. But insurance policies are contracts, and there are often multiple clauses… Read More »
Federal Bailouts May Complicate Defective Product Claims Against Automakers
Car accidents are often the result of defects in the design or manufacturing of a vehicle. While automakers can (and should) be held liable for such defects, victims and their families must often overcome a number of legal obstacles. For example, the recent bankruptcies of General Motors and Chrysler have complicated a number of… Read More »
Can a Nursing Home Employee Be Fired for Responding to a Claim of Abuse or Neglect?
Nursing home abuse and neglect is a serious problem in Tennessee. Victims are often unable to stand up for themselves, and even when family members complain, nursing homes may take little or no action. And based on a recent decision by the Tennessee Court of Appeals, nursing home employees who try to protect patients… Read More »