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Articles Posted in Personal Injury

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Tennessee Court of Appeals Says County’s Third-Party Claim Against Medical Services Company Following Attack on Inmate Was Not a “Health Care Liability Claim”

When someone is killed or suffers catastrophic injuries as a result of the negligence of a government official – including prison guards, police officers, and sheriffs’ deputies – that injured person (or the deceased person’s family) may be able to seek monetary compensation. An experienced Tennessee personal injury attorney can…

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School Bus Driver’s Slip and Fall Lawsuit Against City/County Government Survives Summary Judgment, Per Tennessee Court of Appeals

Serious injuries can result from a fall on another party’s property – broken bones, sprains, strains, disc herniations, and other, sometimes permanently disabling medical problems can all occur when premises are not maintained in a reasonably safe condition. In an east Tennessee premises liability lawsuit, a person injured on another…

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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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Tennessee Court of Appeals Affirms Judgment Holding Shelby County Negligent in Jailhouse Suicide Case

When a governmental employee acts negligently – that is, when he or she breaches a duty of care owed to another person, and harm is caused to the victim as a proximate result – the governmental entity for which the employee worked can be held liable for the resulting injuries…

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Appellate Court Remands Tennessee Truck Accident Case to Trial Court for Allocation of Fault Between the Parties

Tennessee is a “modified comparative fault” state. This means that, in deciding the effect that a plaintiff’s own negligence has on the outcome of a personal injury lawsuit, the plaintiff can only recover damages if he or she is found to be less than 50% at fault. If the jury…

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Federal District Court Denies Summary Judgment to Tennessee Sporting Goods Store After Customer Falls in Parking Lot

Not every lawsuit is concluded by a jury’s verdict in favor of one party or another. While many cases are settled through an agreement between the parties, some are resolved via a legal proceeding known as a “motion for summary judgment.” When a defendant files such a motion in a…

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Court of Appeals Holds that Tennessee Claims Commission Had Jurisdiction Over Case Arising from Negligent Supervision and Retention of State Employee

Knoxville personal injury cases in which a government entity is named as a defendant proceed differently from claims against businesses or individuals. Recovering fair compensation in such cases can be more difficult than in other personal injury cases, since different rules apply. Generally, cases in which the State of Tennessee…

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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 Court of Appeals Holds that Case Alleging EMT Struck Patient in the Face Did Not Require a Certificate of Good Faith Before Filing

In Tennessee, there are certain procedural hurdles that must be addressed in filing a cause of action under the Tennessee Health Care Liability Act. Failing to comply with these requirements can result in the dismissal of an otherwise valid claim against an allegedly negligent health care provider. Facts of the Case In…

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Federal Court in East Tennessee Orders Coal Company to Pay 20% “Additional Compensation” Due to Failure to Make Timely Payments in Black Lung Case

Since so many defendants are prone to protracting litigation in an attempt to avoid liability, or at least put off the inevitability of a judgment for the plaintiff, there are sometimes provisions in the law that require defendants to pay more than the judgment eventually entered by the court. Depending upon…