Author Archives: John Willis
How Long Do I Have to Bring an Insurance Claim If I’m Injured by an “Uninsured” Motorist?
If you are injured in a car accident and unable to collect damages from the negligent driver, your own insurance company may be liable for your physical injuries and property damage. Tennessee law requires all auto insurers to include “uninsured motorist” (UM) coverage as part of their standard policies. Typically you serve a personal… Read More »
How Does Signing a Release Form Affect My Right to Sue in Tennessee?
There are many occasions in everyday life where a business or service provider may ask you to sign a release form. Oftentimes we just reflexively sign such a document without bothering to stop and consider its implication. In legal terms when you sign a release you are agreeing to assume the risk of any… Read More »
Can a Prison Inmate File a Personal Injury Lawsuit?
In the normal course of events, a person injured in a car accident or as the result of any other negligent act is able to recover a full range of damages under Tennessee law, including medical expenses, lost wages, and compensation for pain and suffering. But what if the accident victim is a prison… Read More »
How HIPAA Can Affect Your Tennessee Medical Malpractice Case
Medical privacy is an important concern for many Tennessee residents. That is why a federal law known as HIPAA–the Health Insurance Portability and Accountability Act–requires all physicians and hospitals in Tennessee to maintain the confidentiality of their patients’ health-related information. Among other things, a health care provider cannot disclose protected information without the patient’s… Read More »
When Does a Store Owe a Customer a “Duty of Care”?
In any kind of personal injury case based on negligence, a plaintiff must first prove the defendant owed him or her a “duty of care.” In the context of a car accident, for example, a driver has a duty of care to operate their vehicle in a safe manner. And with respect to premises… Read More »
Improperly Maintained Home Medical Equipment Can Be Fatal
Many Tennessee residents require ongoing, in-home medical care. When companies assume the responsibility of providing medical equipment for such patients, they are subject to the same negligence and product liability laws as any other manufacturer or distributor. Among other things, this means the company must ensure the equipment is setup properly and that patients… Read More »
Why Tennessee’s 1-Year Statute of Limitations in Personal Injury Cases Matters
All personal injury lawsuits in Tennessee must be filed within a certain time from the date of the original act that gave rise to the claim. This is known as the “statute of limitations.” Under Tennessee law, the statute of limitations is one year for most personal injury and medical malpractice claims. Court Dismisses… Read More »
What Kind of Medical Errors Should Never Happen in a Hospital?
Medical malpractice occurs in Tennessee whenever a physician, hospital, or other healthcare provider breaches a “standard of care,” i.e. the generally accepted practices for the profession, and the patient suffers an injury as a result. Sometimes the standard of care is defined in highly technical terms that are not easily understood by laypersons, including… Read More »
Tennessee District Attorneys Sue Opioid Manufacturers
Just a few weeks after Ohio’s attorney general filed a landmark lawsuit against the country’s major opioid manufacturers, three Tennessee district attorneys and the mother of a baby born addicted to the powerful painkillers have announced their own litigation. This new lawsuit, filed in Sullivan County, accuses two opioid producers of violating Tennessee’s Drug… Read More »
Washington Update: Forced Arbitration Rule
By Linda Lipsen, CEO, American Association for Justice July 25, 2017 The Consumer Financial Protection Bureau (CFPB) issued a new, but long-awaited, rule on July 10 to curb the use of forced arbitration clauses in certain financial contracts and restore the ability of Americans to file or join group lawsuits. The rule has been widely celebrated… Read More »
