Tag Archives: Tennessee Personal Injury Claims
Is a Business Liable for Negligent Acts Committed by Its Subcontractors?
One of the key principles of Tennessee personal injury law is that a “principal” is legally liable for the negligent acts of their “agent.” For example, if a salesperson is traveling to visit a customer in her company-owned car, runs a red light, and plows into a minivan, the latter vehicle’s occupants can sue… 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 »
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 »
Can I Be Denied Workers’ Compensation Benefits Due to a Preexisting Condition?
In any personal injury case, it is essential to establish causation. In plain English, you need to prove your injury was the direct result of the defendant’s negligent act. If the defendant can prove that there was a preexisting condition or superseding cause of the plaintiff’s injury, it can escape liability regardless of its… Read More »
The Challenges of Bringing a Personal Injury Claim When You Do Not Have All the Facts
Commercial truck accidents are often the scariest type of motor vehicle crash. When a tractor-trailer crashes it may roll over, causing damage to other multiple other vehicles. Given the dangers that these vehicles pose, it is important that drivers operate them in a safe and legal manner. Tennessee Court Reinstates Tractor Trailer Accident Lawsuit… 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 »
Can You Sue a Tennessee Police Officer for Wrongful Death?
A wrongful death lawsuit is a special type of personal injury claim alleging someone’s act of negligence caused the death of a spouse or parent. Wrongful death often involves situations like a car accident caused by a drunk driver or medical malpractice leading to the death of a patient. But wrongful death may also… Read More »
Is a Homeowner Responsible for a Deck Collapse?
An outside deck is a great place to relax with friends. But if a deck is poorly constructed, or the homeowner fails to keep it in a safe condition, the results can be tragic. A deck collapse may instantly injury or kill dozens of people. When that happens, the victims may pursue a personal… Read More »
Can I Seek Damages if an Accident Aggravates an Existing Injury?
If you are injured in a car accident, you have the right to seek damages from the negligent driver. Damages include any medical bills incurred as a result of the accident. But what if a car accident merely aggravates a preexisting injury? Can you still recover damages even though the accident may not have… 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 »
