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Tennessee Injury Attorney Blog

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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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Tennessee Court of Appeals Reverses Judgment for Defendant in Medical Malpractice Case, Saying “Sudden Emergency” Instruction Should Not Have Been Given

Medical mistakes can cause injuries or death both to the old and to the young, but some of the most heartbreaking east Tennessee medical malpractice cases involve situations in which a doctor’s mistake causes a child to either die in utero or shortly after birth. Obstetricians fight hard against a…

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Tennessee Supreme Court Holds That Husband’s Wrongful Death Claim in Medical Malpractice Complaint Saved Statute of Limitations

An act of medical malpractice in Knoxville, Maryville, or another region of east Tennessee can cause devastating injuries and even a wrongful death. Unfortunately, Tennessee has one of the shortest statutes of limitations in the nation, giving grieving families just one year in which to assert a claim or else…

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Tennessee Court of Appeals Finds Reversible Error in Birth Injury Malpractice Case Due to Hospital’s Failure to Disclose New and Different Testimony by Nurses

When a child’s life is catastrophically altered by a birth injury or brain injury just as his or her life is beginning, there is untold heartbreak for the family. While money can never “fix” what went wrong, a fair settlement or judgment in a Tennessee medical malpractice case can help…

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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 Supreme Court Rules in Plaintiff’s Favor as to Procedural Requirement in Medical Malpractice Case

Over the past few years, it has become increasingly difficult to hold negligent medical providers legally liable for the harm that they cause. Among the reasons for this are the various procedural hurdles that have been put in place for those who file malpractice claims. Failing to comply with these procedural requirements can result…

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Tennessee Appeals Court Reverses Summary Judgment in Health Care Liability Case, Holding that Statute of Repose Was Extended by Child’s Pre-Suit Notice

Medical negligence can leave victims with permanent injuries and, in some cases, even result in a wrongful death. In a recent case, both a mother and her newborn child were seriously injured due to the alleged negligence of a doctor and others during the child’s birth. Unfortunately, their claims were not…

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Tennessee Court of Appeals Reverses Summary Judgment on Parents’ Negligent Infliction of Emotional Distress Claim Following Child’s Death from Alleged Medical Malpractice

Septic shock is a very dangerous, potentially life-threatening medical condition that can occur when the body attempts to fight a bacterial, fungal, or viral infection. Possible complications from septic shock include heart failure, kidney failure, stroke, liver failure, or respiratory failure. Although septic shock can be fatal, a patient’s prognosis is better if the…