Tag Archives: Knoxville Personal Injury Lawyer
Should I File My Personal Injury Claim in State or Federal Court?
One of the questions we often get related to personal injury claims is whether you need to file your case in state or federal court. As a general rule, it is often to a plaintiff’s advantage to file in state court, especially if the defendant is a person or company who resides outside of… Read More »
How Prior Personal Injury Decisions May Affect Your Slip and Fall Case
Tennessee law is largely based on precedent. Basically, this means that when a judge is deciding your case, he or she will look to previous cases involving similar situations before determining the appropriate outcome for your dispute. But not all precedents are equally helpful. For instance, the facts of every personal injury claim are… Read More »
What Happens When Medical Malpractice Is Not Discovered Until After the Patient Dies?
There are always legal deadlines that must be complied with in personal injury cases. When the clock starts to run on these deadlines, however, varies depending on the facts of a particular case. When it comes to something like medical malpractice, there is a one-year statute of limitations that starts to run on the… Read More »
Can the Defendant in a Personal Injury Case Demand to See My Private Facebook Account?
We live in a culture where it is now common practice to share every aspect of our lives on social media. Many of us have online-exclusive “friends” who follow us on Facebook, Twitter, Instagram, and similar platforms. But if you are involved in a car accident or another event that leads to a serious… Read More »
TN Hospital Not Liable for Defective Door That Injured 71-Year-Old Patient
When you walk into any kind of public facility, such as a store or even a government office, you have the right to expect the premises are in a reasonably safe condition. Legally speaking, a premises owner is not necessarily responsible for every customer who is injured, but there may be liability if there… Read More »
What Happens If the Defendant in My Personal Injury Case Dies Before I Can Sue?
All Tennessee personal injury cases, such as lawsuits arising from car accidents must be filed within a certain time period. This is commonly known as the statute of limitations. For most personal injury claims, the statute of limitations is one year from the date of the underlying accident. But there are a number of… Read More »
Tennessee Supreme Court Reaffirms “Collateral Source Rule” in Personal Injury Cases
If you are in a car accident and the other driver is later determined to be negligent, does the fact you have health insurance reduce the amount of damages you can receive for your injuries? The answer to this is basically “no.” A defendant cannot escape liability by simply because a third party 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 Receive Tennessee Workers’ Compensation Benefits for PTSD?
Personal injury claims often focus on a victim’s physical injuries. But mental injuries are just as important. Indeed, psychological trauma can last for months or years after all physical injuries have been treated and healed. Even in the context of workers’ compensation cases, psychiatric injuries may be undervalued. Many employers will balk at an… Read More »
Tennessee Court Rules Gun Owner May Be Liable for Suicide Victim’s Death
Most gun-related deaths in the United States are suicides rather than homicides. According a 2015 report in the New York Times, “More than 60 percent of people in this country who die from guns die by suicide.” In addition, a majority of successful suicides are committed using a gun. Given these sobering figures, it… Read More »
