Most east Tennessee personal injury and negligence cases proceed under a theory known as “negligence.” In order to be successful in such a case, the plaintiff must be able to show that the defendant breached a duty of care that was owed to him or her and that, as a…
Sometimes, the legal definition and the usual definition of a word are different. Take for instance the word “damages.” In common parlance, “damages” means physical harm to a person or thing, thus impairing its value and/or usual function. If a car sustains “damages” in a collision, we think of this…
The requirements involved in filing an east Tennessee medical malpractice lawsuit can be very complex. It is, thus, extremely important for a would-be plaintiff in such a case to retain an attorney experienced in these matters as soon as possible after realizing that a medical error may have occurred. There…
In a typical Knoxville medical malpractice case, there is a long list of things that must be done before the case is even filed at the courthouse. It can take weeks or months to complete the necessary tasks in many cases. Accordingly, it is vitally important to talk to a…
Tennessee has a short statute of limitations compared to many states. Thus, it is not unusual for a person injured in a Knoxville car accident to have his or her case dismissed because it was not filed within the applicable limitations period. This much is to be expected. What may…
No east Tennessee wrongful death lawsuit will be successful unless the plaintiff can prove, by a preponderance of the evidence, that the defendant breached at least one duty of care that was owed to him or her and that this breach of duty was the proximate cause of the damages…
An east Tennessee product liability case may involve multiple defendants and various theories of liability. In many cases, both the manufacturer and the seller of the product are named as defendants, and sometimes there are other potentially liable parties as well. Legal theories may include a design flaw that affected…
In a Knoxville premises liability lawsuit, the burden of proof rests on the plaintiff. Accordingly, he or she must have credible evidence proving that the defendant breached the duty of care that was owed to him or her under the circumstances. Unfortunately, evidence of the proper owner’s negligence can disappear…
All personal injury and wrongful death lawsuits are subject to a statute of limitations. The limitations period for filing an action is established by statute and can vary from state to state. Tennessee has some of the shortest statutes of limitations in the country when it comes to lawsuits for,…
Lawsuits against governmental entities for the allegedly negligent acts of their employees can be difficult. As with other defendants accused of negligence, the government resists being held accountable in many East Tennessee personal injury cases. Generally, the argument is that the employee in question acted reasonably under the circumstances presented…