Tag Archives: Clinton Personal Injury Attorney
Is a Property Owner Liable for a Shooting That Occurs on a Public Street?
Personal injury claims in Tennessee are based on a defendant’s “duty of care” to the plaintiff. In plain English, this means a person (or a corporate entity) must act reasonably to avoid injuring other people. But legally speaking, the burden of proof is on the victim to show this duty existed–and that the defendant… Read More »
Custodians’ Neglect Leads to $180,000 Slip-and-Fall Judgment Against TN School District
Perhaps the most common type of slip-and-fall accident involves a person slipping on a wet floor due to a lack of proper warning signs. Such personal injury claims are relatively straightforward. But they may be slightly complicated when the “wet floor” in question belongs to a state or local government entity. Court Rules Teacher… Read More »
What Happens If I Agree to a Personal Injury Settlement On Behalf of My Child?
Contrary to what you might think, the vast majority of personal injury cases in Tennessee do not go to trial. Most claims arising from car accidents and other negligent acts are resolved by voluntary settlement between the parties. Generally, it is up to the victim–and their personal injury lawyer–to ensure the settlement is fair… Read More »
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 »
Do Tennessee Courts Still Apply “Contributory Negligence”?
In 1992, the Tennessee Supreme Court ended its longstanding rule of “contributory negligence” in personal injury cases. Contributory negligence meant that a plaintiff could not recover any damages if he or she was found to have contributed, even in a small way, to the underlying accident. For example, if the defendant was driving drunk… 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 »
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 »
Who Has the Right to File a Wrongful Death Lawsuit?
In most personal injury lawsuits, the plaintiff is the person who suffered an injury due to the defendant’s negligence. Sadly, there are cases where the victim died because of the defendant’s actions. When this occurs the right to sue for “wrongful death” passes under Tennessee law to the victim’s surviving spouse or next of… Read More »
Latest Recall Highlights Danger of Off-Road Vehicles
Although most motor vehicle accidents involve cars or trucks, it is important not to overlook other modes of transportation that are equally (if not more) dangerous. A person can suffer serious injuries–and even die–when any type of vehicle is unsafe or driven in a negligent manner. Teenagers at Risk from Defective Vehicles For example,… Read More »
Can the Defendant in My Personal Injury Case Have Me Followed?
A personal injury case is not simply a matter of proving the defendant’s negligence. The plaintiff must also demonstrate to the court–i.e., the jury–how the defendant’s negligence injured them. The defendant, in turn, will try to minimize or reject the extent of the plaintiff’s injuries in an attempt to avoid liability. Surveillance Video Defeats… Read More »