Ideally, an east Tennessee personal injury lawsuit would proceed as follows: the plaintiff files the complaint, the defendant files an answer, the case is tried, a judgment is entered, and the case is over. Unfortunately, things do not always work out that way. A case recently considered by the Tennessee…
Tennessee Injury Attorney Blog
Tennessee Court of Appeals Sends Medical Malpractice Case Back to Trial Court with Instructions Concerning Number of Peremptory Challenges
If you have never actually seen a lawsuit being tried in court (or been called for jury duty), you may not be familiar with the jury selection process in an east Tennessee medical malpractice, wrongful death, or personal injury case. Sometimes, potential jurors are excluded “for cause” – that is,…
Trial Court Improperly Dismissed Health Care Liability Action for Lack of Pre-Suit Notice, According to Tennessee Court of Appeals
All personal injury and wrongful death cases have a filing deadline called the “statute of limitations.” Failing to file a claim within this time frame usually means that the plaintiff will be unable to pursue compensation, regardless of the merits of his or her case. Some types of cases, including…
Tennessee Court of Appeals Reversed Trial Court’s Dismissal of Premises Liability Claim Against Defendants Who Had Previously Been Non-Suited
When someone falls in a store or in another place of business, there may be multiple parties who could potentially be named as defendants – corporations, subsidiaries, parent companies, holding companies, land management companies… the list goes on and on. When an east Tennessee premises liability lawsuit is filed against…
Tennessee Health Care Liability Act Requirements Held Not to Apply to Alleged Assault by Security Officer in Treatment Facility
Under Tennessee law, a would-be Knoxville medical malpractice claimant must provide pre-suit notice and file a certificate of good faith along with his or her complaint. These requirements apply to any claims alleging health care liability. However, it is not always clear whether a given claim is a “health care…
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…
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…
Tennessee Supreme Court Considers Whether Estranged Husband is Proper Party to Bring Wrongful Death Claim
When someone passes away due to another party’s negligence, it may be possible for those left behind to file a Tennessee wrongful death lawsuit. However, not just anyone can file such a claim. Only those allowed by the statutory scheme of the state in which the decedent was killed have…
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…
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…