When someone is injured on the job, he or she is typically limited to the benefits available under workers’ compensation. However, there are some circumstances in which a third-party action can be brought, such as an east Tennessee personal injury lawsuit. For instance, a recent case explored some of the…
Articles Posted in Personal Injury
Tennessee Court of Appeals Reduces Remittitur Issued by Trial Court in Tractor Trailer Accident Case
In a Tennessee truck accident case, an injured person may be able to recover money damages for several different types of loss, including loss of earning capacity. In simple terms, this means that the defendant has to pay the plaintiff the money that he or she would have been able…
Tennessee Appellate Court Finds Conflict Between City’s On-the-Job-Injury Policy and State Statute Setting Forth Presumption in Firefighter Death Cases
Most workers in Tennessee are covered by workers’ compensation laws. However, some are not. For example, some public employees are not entitled to benefits under the same system that a fast food restaurant employee or factory worker would be covered. In such cases, the employee (or, in a fatal illness…
Class Action Lawsuit Accuses Insurance Company of Violating Tennessee Law in Handling of Uninsured Motorist Deductibles
In a Tennessee car accident case, the defendant is usually the driver whose negligence caused the crash. If he or she was on the job at the time, his or her employer may also be named as a defendant based on the principles of vicarious liability. Sometimes, however, the negligent…
Alleged Nursing Home Arbitration Agreement Held Invalid by Tennessee Court of Appeals
Doctors, nurses, hospitals, and nursing homes have a strong aversion to being sued. Of course, no one wants to be accused of carelessness or wrongdoing, and defendants facing claims of nursing home negligence or patient abuse are no different. However, as compared to many other defendants, the medical establishment goes…
Tennessee Court of Appeals Reverses Summary Judgment Granted to Insurance Agent and Agency in Insureds’ Failure-to-Procure Excess Uninsured Motorist Coverage Case
Uninsured motorist insurance coverage is very important because it can be the only protection available to a person who is involved in an east Tennessee car accident with an uninsured driver (similarly, underinsured motorist coverage protects against situations in which the at-fault driver has some, but not enough, liability insurance.…
Tennessee Supreme Court Rules That Claimant Was Not a Necessary Party to Declaratory Judgment Action Between Insurance Company and Insured
When someone has automobile accident liability insurance and he or she is sued due to a Tennessee car accident, the insurance company has two responsibilities: to provide a defense for the insured and to indemnify him or her in the event of a judgment. The insured individual also has certain…
Tennessee Court of Appeals Holds that Drug Dealer Liability Act Lawsuit Can Proceed Against Opioid Manufacturers
The so-called “Opioid Epidemic” is big news these days, as more and more claims are being filed against the makers of pharmaceutical products like hydrocodone, oxycodone, oxymorphone, OxyContin, Roxicodone, and Opana by both individuals and government officials. Here in Tennessee, several attorneys general have sought to assert claims against those…
Tennessee Personal Injury Lawsuit Settles for $2M, Leading Defendants to Ask that their Insurance Company be Substituted as Real Party in Interest
A Tennessee personal injury case can involve multiple defendants, some of whom may point to finger of blame at one or more of the others. In some situations, the plaintiff may be able to settle his or her claim(s) against one or more of the defendants, leaving the defendants to…
Tennessee Court of Appeals Reverses Summary Judgment to Asbestos Manufacturers in Product Liability Lawsuit
Generally speaking, a Tennessee personal injury lawsuit must be filed within the one-year statute of limitations for negligence cases if it is to survive a motion for summary judgment. This seems like a straight-forward rule, but this is not always so. For example, in some cases, exposure to a product…