Author Archives: Brad Burnette
The Challenges in Bringing an Asbestos-Related Workers’ Compensation Claim
While workplace accidents and injuries happen in every industry, energy and atomic workers are especially at-risk given their exposure to chemicals, asbestos, and radiation. While the Tennessee workers’ compensation system is supposed to protect energy and atomic workers, employers will employ every legal means at their disposal to avoid paying benefits. And a recent… Read More »
Will Tennessee “Privatize” Workers’ Compensation?
Having radically changed the state’s workers’ compensation rules two years ago, Tennessee legislators may go one step further and allow large employers to opt out of the system altogether. Under bills pending before both houses of the Tennessee General Assembly, a “qualified employer” could be “exempt from the Workers’ Compensation law” if it establishes… Read More »
Holding Manufacturers Responsible for Fatal Workplace Accidents
Thousands of Tennessee workers suffer serious workplace injuries every year. Tragically, some of these workplace injuries result in death. While some of these cases may truly be accidental or unavoidable, many workplace injuries and fatalities are the result of an employer’s negligence and insufficient safety practices. Unfortunately for workers and their families, employers are… Read More »
Who Is Liable if an “Act of God” Causes a Car Accident?
Inclement weather, particularly winter snow and ice, often raise the risk of getting into a car accident. While bad weather does not excuse negligent driving, it may be raised as a defense in a personal injury lawsuit. That is why it is important to understand how Tennessee law addresses poor weather conditions in assessing… Read More »
When Will a Tennessee Court Find Mandatory Arbitration “Unconscionable”?
Forced arbitration is an ongoing problem for Tennessee residents seeking justice. Many nursing home abuse, medical malpractice, and other personal injury claims are kept out of court through mandatory arbitration clauses in contracts. In most cases, the injured party (or their family) is unaware they are signing away their due process rights. And Tennessee… Read More »
How Traffic Cameras May Affect Your Personal Injury Lawsuit
Traffic cameras are commonplace throughout Tennessee. And while we tend to think of cameras in terms of ticketing drivers for speeding, they can also provide valuable information in the event of a car accident. This can prove especially helpful (or not so helpful, depending on your perspective) in the event an accident victim brings… Read More »
What Happens When a Jury Awards an Accident Victim Too Little?
If you have been in a car accident, you may incur thousands of dollars in medical expenses. If the accident was the result of another driver’s negligence, you have the right to seek compensation for those medical expenses in a Tennessee court. And while juries have some discretion in determining the appropriate amount of… Read More »
New York Times Series Details the Problems with Forced Arbitration
Arbitration was historically used as a means for large companies to resolve disputes among themselves without resorting to protracted litigation before the courts. Unfortunately, a big-business campaign of lobbying and judicial activism has expanded the reach of “mandatory arbitration” to disputes involving individuals, such as nursing home patients, who lack equal bargaining power or… Read More »
Personal Injury Lawsuits Often Turn on Procedural Issues
When it comes to personal injury cases, Tennessee law does not treat all claims the same. Certain cases may be subject to different procedural rules. It is important to understand these differences because they can negatively affect your ability to seek and recover damages against a responsible party. Distinguishing Negligence from Health Care Liability… Read More »
Should My Personal Injury Case Be Heard in Federal or State Court?
It is not uncommon for a defendant in a product liability or other personal injury lawsuit to prefer federal over state courts. Although the substantive law of Tennessee governs such cases regardless of venue, federal courts apply different procedural rules which often prove more favorable to defendants. That is why, if you are a… Read More »
