Tag Archives: Knoxville Personal Injury Lawyers
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 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 »
Is an Employer Liable for an Employee’s Acts Outside of Work?
Employers in Tennessee are vicariously liable for the negligent acts of their employees. Of course, that does not extend to everything an employee does. The negligent act must occur within the “course and scope” of employment. Check Dispute Leads to Off-Site Confrontation, Lawsuit A common example of vicarious liability is a delivery driver who… Read More »
What If Someone Other Than My Employer Causes a Workplace Accident?
You probably know that if you are injured at work, you can receive workers’ compensation benefits to pay for your medical bills and lost wages. Workers’ compensation effectively serves as a substitute–an “exclusive remedy,” in legal terms–for filing a personal injury lawsuit against your employer. But what if your workplace accident was actually the… 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 »
Can I Waive My Child’s Right to File a Personal Injury Lawsuit?
You can probably think of many times when a business has asked you to sign a “release” as a condition of receiving a service. Such releases are waivers of liability designed to protect the business, not you, in case something goes wrong. A release often includes a long list of terms and conditions designed… Read More »
FTC Cites Tennessee Used Car Dealer for Failing to Mention Recalls
Many car accidents are the result of dangerous or defective vehicles that have problems even the owners are not aware of. For example, a used car may seem safe because it does not have a history of prior accidents, but there may be a recall in effect to correct a known design or manufacturing… Read More »
First Personal Injury Lawsuits Filed Following Deadly Chattanooga Bus Accident
Every day thousands of Tennessee parents trust bus drivers to safely transport their kids to and from school. That is why people throughout the state reacted with horror on November 21, when a school bus carrying 37 Chattanooga-area elementary school students “slammed into a tree and split apart,” according to one news report. Six… Read More »
When Is a Child Legally Responsible for His Injuries?
In any personal injury lawsuit, the defendant may attempt to shift blame to the plaintiff by presenting evidence of the latter’s “comparative negligence.” But what if the plaintiff is a minor? How do Tennessee courts assess the comparative negligence of a child? Applying the “Rule of Sevens” The answer is a legal principle known… Read More »
Establishing a Defendant’s “Duty of Care” in a Negligence Case
In a personal injury lawsuit based on negligence, a plaintiff must prove that the defendant breached some “duty of care.” As a general rule, according to the Tennessee Supreme Court, when a person “assumes to act, even though gratuitously,” he or she “may thereby become subject to the duty of acting carefully,” and can… Read More »
