Author Archives: Brad Burnette
Defective Highway Guardrails Remain a Serious Risk for Tennessee Motorists
Car accidents are often the result of a dangerous or defective product, either something wrong with the vehicle itself or unsafe road conditions. For example, we recently discussed the known risks of defective guardrails to Tennessee motorists. As it turns out, the State of Tennessee recently settled a wrongful death lawsuit arising from one… Read More »
Can Tennessee Parents Sue Negligent Doctors for the Emotional Trauma of Watching Their Child Die?
Negligent infliction of emotional distress (NEID) is a personal injury claim that is usually based on witnessing a traumatic event. For instance, if a mother and child are in a car accident caused by a drunk driver, and the mother watches the child die, she could sue the driver for negligent infliction of emotional… Read More »
What Happens When the Other Driver in an Accident Does Not Have Insurance?
Most car accident victims rely on insurance to compensate them for any personal injury they sustain. Tennessee is a “fault-based” state with respect to car accidents, which means the negligent party is expected to pay any damages. Tennessee law further requires all licensed drivers to carry a minimum amount of insurance to cover injuries… Read More »
U.S. Supreme Court Enforces Nursing Home Arbitration Agreements Signed Under a Power of Attorney
Back in elementary school you probably learned that the Constitution guarantees your right to a jury trial in any civil lawsuit. This is true, but there’s an important caveat: a person can waive their right to a jury trial by agreeing to arbitration. Also called “alternative dispute resolution,” arbitration involves submitting a dispute to… Read More »
What Happens If the Judge Disagrees With a Jury’s Personal Injury Award?
If you file a personal injury lawsuit, you have the right to have a jury decide your case, both with respect to the defendant’s liability and the amount of any damages you are owed. A judge is not supposed to simply substitute his or her own opinions for that of the jury. This does… Read More »
The Challenges of Bringing a Personal Injury Claim When You Do Not Have All the Facts
Commercial truck accidents are often the scariest type of motor vehicle crash. When a tractor-trailer crashes it may roll over, causing damage to other multiple other vehicles. Given the dangers that these vehicles pose, it is important that drivers operate them in a safe and legal manner. Tennessee Court Reinstates Tractor Trailer Accident Lawsuit… Read More »
Can I Seek Workers’ Compensation Benefits If I Suffer a Heart Attack Due to Work-Related Stress?
Like all personal injury claims, workers’ compensation requires proof of causation. In this case, it is not proof your employer’s actions caused your injury–workers’ compensation is not about fault–but rather that your injuries were work-related. An employer is not obligated to pay workers’ compensation benefits for injuries and illnesses that occur outside the scope… Read More »
What Happens When a Product Liability Defendant Withholds Information From the Victim?
Defective products injure thousands of Tennessee consumers every year. Manufacturers can be held legally liable for any defects in the design, manufacture, or labeling of their products. Product liability cases are often difficult to prove, however, especially since most of the potentially incriminating evidence is in the hands of the manufacturer. Supreme Court Weighs… Read More »
Can I Collect Workers’ Compensation If I Become Addicted to Pain Medication?
Opioid addiction has become a major public health problem in Tennessee. According to the Knox County District Attorney’s office, there were 237 deaths attributed to opioid overdose in 2016, a significant increase from 170 fatalities in 2015. Most opioid deaths are the result of abusing prescription painkillers such as hydrocodone or oxycodone. Tragically, some… Read More »
Can I Seek Damages for Emotional Distress Caused by a Car Accident?
Damages from a car accident or a similar traumatic event are often not limited to physical injuries. Victims often sustain serious emotional harm that can last for months or years after the initial incident. To compensate victims for their serious mental injuries, Tennessee law recognizes personal injury claims based on “negligent infliction of emotional… Read More »
