Author Archives: Brad Burnette
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 »
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 »
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 »
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 »
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 »
Tennessee Court Rules Widow’s Estate May Pursue Workers’ Compensation Benefits
Tennessee workers’ compensation law provides for death benefits in the event you are killed in a workplace accident. In cases where a deceased employee leaves a surviving spouse and one or more dependent children, Tennessee law provides the employer (or its insurance carrier) must pay a death benefit equal to two-thirds of the employee’s… Read More »
Court Tosses Jury Verdict Against Hospital Over Widower’s Mistake
A personal injury lawsuit is not a simple matter. It can take years to assemble a case, present it to a jury, and deal with any appeals. Do not assume you can handle all of this on your own. Especially when you are coping with the wrongful death of a family member, hiring an… Read More »
Is There a Difference Between Personal and Property Injuries?
A car accident often involves more than one type of injury. There are the personal injuries suffered by the victim, who may seek compensation for medical bills, lost wages, etc. Then there are injuries to property, i.e. the damage suffered by the victim’s car. While you may look at these damages as part of… Read More »
Tennessee Court Clarifies Employer’s Potential Liability in Car Accident Cases
There are different types of liability that may arise from a car accident. For example, if you are hit by a car, you can sue the other driver for direct negligence. If the driver was operating a vehicle on behalf of his or her employer, you can also sue that employer under what is… Read More »
