Author Archives: John Willis
How Your Car’s Software Can Cause Serious Injury (or Death)
As motor vehicles become more dependent on computer systems, drivers and passengers are increasingly at risk from software problems that may cause a critical system to fail. No computer system or program is perfect, but when car manufacturers fail to promptly identify and correct their software errors, the results can be deadly. A defective… Read More »
Five Major Opioid Manufacturers Face Lawsuit Over Addiction Crisis
Opioid addiction has quickly become one of the most significant threats to public health in Tennessee. An April 2016 article in The Tennessean cited estimates from the U.S. Centers for Disease Control that found approximately 1 in 6 Tennessee residents–over 1 million people–were “in various stages of misuse, abuse, and treatment” related to opioids…. Read More »
New Federal Report Outlines Dangers of Pools and Spas to Children
With the start of summer fast approaching, many Tennessee parents will soon be taking their children swimming. It is important for parents, as well as anyone operating a swimming pool or spa, to take water safety seriously. Each year an average of 5,900 children suffer non-fatal injuries–such as traumatic brain injury–due to drowning, according… Read More »
Tennessee Court Overturns $3.4 Million Asbestos Verdict Against Ford
Mesothelioma is a deadly form of lung cancer caused by exposure to products containing asbestos. While great strides have been made since the 1980s in reducing the public’s exposure to asbestos, mesothelioma remains a serious public health problem, particularly because victims may not develop the disease until decades after their initial exposure. And when… Read More »
What Is Considered “Negligence Per Se” in a Tennessee Car Accident?
A critical element in any personal injury case is proving the defendant was negligent. If the defendant’s actions violated a state or local law, it may constitute “negligence per se.” In a car accident, for example, a defendant who goes against the “rules of the road” and injures someone else as a result is… Read More »
Ordinary vs. Medical Negligence in Tennessee Courts
Tennessee law draws a bright line between ordinary negligence and health care negligence, i.e. medical malpractice. Before filing a medical malpractice claim, a victim must comply with certain additional legal requirements. For example, the victim must file a certificate indicating they consulted with one or more experts who believe there is a “good faith… Read More »
What Happens If a Personal Injury Defendant Files for Bankruptcy?
If you are hurt in a car accident, you understandably want to seek compensation from the negligent driver who was responsible. But what if the driver files for bankruptcy protection before you have a chance to file your personal injury lawsuit? Does that affect your ability to pursue your case? How an “Automatic Stay”… Read More »
What Is “Subrogation” and How Does It Affect My Personal Injury Claim?
If you are ever involved in a personal lawsuit involving a car accident or a similar event, you may come across a confusing term known as “subrogation.” This refers to the legal and contractual interest of a third party in any award you recover from the negligent defendant. Subrogation typically involves either your own… Read More »
Can I Win a Personal Injury Claim Even If I Don’t Know How the Accident Happened?
The key to any personal injury claim is establishing the defendant’s negligence. Sometimes this is pretty straightforward, such as a driver running a red light and hitting another car. But negligence is obviously much more difficult to establish when nobody witnessed the specific act that caused the plaintiff’s injury. TN Supreme Court: No Evidence… Read More »
How Does a Class Action Affect My Personal Injury Case?
You may have, at one time or another, received a notice in the mail informing you that you are part of a proposed class action settlement. Even if you this has never happened, you have probably heard the term “class action” before. So what exactly does it mean? A class action is a procedural… Read More »
