Author Archives: Brad Burnette
How Changing Testimony Can Affect a Personal Injury Case
Human memory is unreliable. This can present a major problem in personal injury cases, as witnesses may have difficulty remembering events that occurred months–often years–before the trial. And while having a faulty memory is not a crime, when parties to litigation suddenly “remember” something that contradicts their earlier statements, there are certain rules that… Read More »
Congress Moves to Overturn Pro-Consumer Arbitration Rules
Arbitration agreements have long been a controversial tool used by business interests, such as banks and nursing homes, to deprive consumers of their ability to file personal injury lawsuits or otherwise seek justice in court. It is common practice to bury forced arbitration clauses in the fine print of contracts, which means that many… Read More »
Memphis Utility Faces Trial for Allowing Man to Die of Heatstroke
Wrongful death lawsuits are often associated with corporate or institutional malfeasance, such as manufacturing a dangerous or defective product. But under Tennessee law, a wrongful death claim may arise from any “wrongful act” or “omission” that leads to the victim’s demise. The act or omission itself need not have been intended to cause harm…. Read More »
Can I Sue a Co-Worker for Causing a Work-Related Car Accident?
Typically if you are injured in a car accident, you can pursue damages against the negligent driver. But your legal rights may differ when your accident occurs in the course of your employment. Workers’ compensation is the state-mandated system for addressing an employer’s potential liability arising from a job-related accident. Workers’ compensation provides “no-fault”… Read More »
Establishing Fault Following an ATV or UTV Accident in Tennessee
All-terrain vehicles (ATVs) and utility task vehicles (UTVs) can be great fun, especially in the hands of a properly trained and experienced driver. But negligent operation of an ATV or UTV can be devastating. Every year there are tens of thousands of injuries reported across America in ATV, UTV, and other recreational vehicle accidents…. Read More »
Do I Still Need to Prove Damages If the Other Driver Admits Liability?
In a car accident lawsuit, establishing liability may be fairly easy. For instance, when a car speeds through a red light and hits another vehicle legally in the intersection, it does not take a genius to figure out who is responsible. But even in personal injury cases where the defendant admits liability, the plaintiff… Read More »
Is a Tennessee Municipality Liable for Failing to Respond to a Suicide Threat?
A Massachusetts judge recently issued a landmark decision holding a woman criminally responsible for sending a series of text messages that encouraged her boyfriend to commit suicide. The judge said the defendant’s “reckless and wanton conduct” directly led to the young man’s death. Defense lawyers unsuccessfully argued the deceased was suicidal well before he… Read More »
Supreme Court Decision Jeopardizes Talcum Powder Lawsuits
In recent years, a growing body of evidence and court rulings have confirmed a link between the chronic use of talc-containing products, notably baby powder, and ovarian cancer. Johnson & Johnson, the main U.S. supplier of talcum powder, has already faced several jury verdicts ordering it to pay millions of dollars in damages to… Read More »
How the Passage of Time Can Affect Your Personal Injury Case
One problem in many personal injury cases is recreating the actual scene of the accident. In a premises liability case, for example, the plaintiff needs to prove that there was some dangerous or defective condition on the property that caused their injury. But several years may elapse between the date of the accident and… Read More »
Can I Be Denied Workers’ Compensation Benefits Due to a Preexisting Condition?
In any personal injury case, it is essential to establish causation. In plain English, you need to prove your injury was the direct result of the defendant’s negligent act. If the defendant can prove that there was a preexisting condition or superseding cause of the plaintiff’s injury, it can escape liability regardless of its… Read More »
