Author Archives: Brad Burnette
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TN Court Holds State Liable for Full Amount of Accident Victims’ Medical Bills
Recently we discussed the Tennessee Supreme Court’s ruling on the application of the collateral source rule in personal injury cases. This rule comes up in cases where an injured plaintiff submits evidence of their medical expenses. Some defendants argue that the jury should only consider evidence of “unreimbursed” medical expenses–i.e., what the victim actually… Read More »
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Do You Know Who Actually Caused Your Car Accident?
It is important to conduct a proper investigation following a car accident to ascertain all of the parties that may be legally responsible. This can be especially difficult if there are multiple vehicles and drivers involved, or if the at-fault driver left the scene before they could be questioned. In some cases, it may… Read More »
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Understanding the Right to a Jury Trial in Tennessee Personal Injury Cases
In most civil cases, such as personal injury claims, either party has the right to demand a trial by jury. Furthermore, the parties have the right to question potential jurors about their potential biases and prior knowledge of the case. Tennessee law further allows each party–the plaintiff and the defendant–to challenge (exclude) four potential… Read More »
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TN Hospital Not Liable for Defective Door That Injured 71-Year-Old Patient
When you walk into any kind of public facility, such as a store or even a government office, you have the right to expect the premises are in a reasonably safe condition. Legally speaking, a premises owner is not necessarily responsible for every customer who is injured, but there may be liability if there… Read More »
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How Can a Child Support Order Affect My Personal Injury Settlement?
Many personal injury claims are settled out of court. A settlement agreement is a legally binding contract between the parties. So once you sign an agreement you generally cannot back out of it, and the other party has the right to seek enforcement of the deal in court, even if you later believe the… Read More »
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Addressing the “Public Health Crisis” of Bicycle Accidents
Car accidents are devastating enough when they involve two motor vehicles. But when a car or truck hits a bicycle, the consequences are often catastrophic for the cyclist. And despite decades of efforts to promote safer roads for all vehicles, serious bicycle accidents appear to be on the rise nationally. Tennessee City Cited for… Read More »
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Am I Entitled to Compensation for PTSD Following an Accident?
When we think about injuries arising from car or truck accidents, we tend to focus exclusively on physical damage. But an accident often leaves lasting psychological scars as well. Indeed, it is not uncommon for accident victims to experience post-traumatic stress disorder (PTSD) for months–even years–following a crash. Court Awards Truck Driver 80% Permanent… Read More »
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Are Temp Agency Workers Covered by Workers’ Compensation?
Tennessee employers have a legal obligation to maintain a safe work environment. This includes not only ensuring the condition of all facilities and equipment, but also providing employees with adequate safety training. If negligence in these areas leads to a workplace accident, the employer is automatically liable for paying workers’ compensation benefits–and in some… Read More »
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New Lawsuit Alleges Complications From Use of Polypropylene-based Hernia Mesh
Thousands of Tennessee residents require hernia repair surgeries every year. Surgical mesh is a common medical device used in such procedures to provide support for weakened or damaged tissue around the hernia. This mesh is made from either animal tissue or synthetic compounds, and the latter can remain in the body indefinitely as a… Read More »
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Can I Collect Workers’ Compensation If I Just Quit My Job?
Tennessee workers’ compensation covers employees who are injured in the course of their employment. To give a simple example, if you fall at work and break your leg, your employer is responsible for paying your medical expenses and lost wages regardless of who was at fault for the accident. But your employer is not… Read More »