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Articles Posted in Car Accidents

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Auto Accident Case is Remanded for New Trial on Damages, Following UM Carrier’s Appeal to Tennessee Court of Appeals

Many people labor under the mistaken impression that pursuing fair compensation is easier when the defendant in a car accident case is the victim’s own uninsured motorist insurance company. This is simply not true. As the case set forth below illustrates, an insurance company can likely align itself with the negligent…

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Tennessee Court Holds Failure to Return Service of Process Document Did Not Ipso Facto Result in Dismissal of a Car Accident Lawsuit

The plaintiff in a Knoxville car accident case must comply with several important deadlines, if his or her lawsuit against a negligent defendant is to be successful. One of the most important of these deadlines is the statute of limitations – that is, the deadline for filing a claim in…

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Tennessee Court Finds that Healthcare Liability Act is Not Exclusive Remedy for Resolving Medical Payment Disputes

Everyone wants to be paid for his or her work, including medical providers who provide treatment to those who have been injured in an east Tennessee automobile accident. However, there are limitations under the law with regard to what a creditor can and cannot do in his or her collection…

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Federal Court Remands Car Accident to Tennessee State Court

Most east Tennessee car accident lawsuits are filed in state court. There are several procedural and strategic reasons for this. However, when a federal question is involved in the case or when there is diversity of citizenship between the parties, the defendant(s) may remove the case to federal court. “Making…

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Tennessee Car Accident Litigant Faces Second Trial

Generally speaking, the defendant in a Tennessee car accident case “takes the plaintiff as he finds her.” In other words, if the plaintiff had medical issues at the time of the accident, any exacerbation of these conditions is taken into consideration in determining the money damages to which the plaintiff…

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Tennessee Supreme Court Says Husband Has Right to File Wrongful Death Lawsuit Despite Allegations of “Road Rage”

In an east Tennessee car accident in which someone is seriously hurt, the proper party to bring the action is usually obvious:  the accident victim himself (or herself). When someone is killed in an auto accident, however, there can sometimes be a dispute about who should be allowed to pursue…

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Tennessee Supreme Court Holds that Full, Non-Discounted Medical Expenses May Be Admitted at Car Accident Trial, But Discounted Amount Due to Insurance May Not

People who have been injured in a Knoxville car accident caused by the negligence or reckless conduct of another person, business, or governmental entity may be able to recover damages such as medical expenses, lost earnings, and compensation for pain and suffering. However, calculating the exact amount to which the…

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Court of Appeals of Tennessee Reverses Summary Judgment to UM Carrier on Statute of Limitations Grounds

If you or a loved one has been hurt in a Knoxville car accident, three of the most important words to you right now should be “statute of limitations.” Failing to file your claim by this important deadline can seriously jeopardize your chances of recovering fair compensation. For this reason,…

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Tennessee Appellate Court Identifies Proper Family Member to Bring Wrongful Death Case Following Mother’s Death in Car Accident

When someone perishes in an accident caused by another party’s negligence, the victim’s family may be able to seek compensation for their loved one’s wrongful death in a court of law. Exactly who is entitled to bring the lawsuit is largely a matter of state law, but unique situations can occur…

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Tennessee Court of Appeals Affirms Verdict in Favor of Injured Man in Tractor-Trailer Accident Case

When a case goes to trial, it is up to the trial court judge to determine the specific evidence that may be introduced by the parties and considered by the jury in deciding the issues. When one of the parties is aggrieved by an evidentiary ruling at trial, that party may…