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…
Filing a lawsuit for medical malpractice or another act of negligence can be fraught with potential procedural pitfalls: missing a statute of limitations, naming the wrong party as a defendant, or – as happened in a recent case – an allegation that the person who accepted service of process on the defendant was…
Sometimes, it’s hard to understand why insurance companies do the things they do; other times, it’s just plain impossible. For example, why would an insurance company refuse to pay more than $2,000 to a family who lost their home and all of their possessions when they were insured for over…
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…
While Tennessee premises liability law imposes a general duty of care on landowners, including those who own retail stores, restaurants, and the like, proving fault in a particular case can sometimes be a difficult endeavor. This is because slip and fall, trip and fall, and fall-down lawsuits tend to be extremely…
It is truly appalling the lengths to which some businesses and insurance companies will go in order to limit or prevent recovery by those hurt due to the negligence of truckers and trucking companies. In the case discussed below, a professional trucker allegedly presented an accident victim with a document releasing the…
Usually, an employee who is hurt on the job is limited to pursuing benefits available under Tennessee’s workers’ compensation laws. These benefits include temporary disability, permanent disability, and medical benefits, but no compensation is provided for the worker’s pain and suffering or other non-economic damages. There are a few exceptions…
When someone perishes in an accident caused by another party’s negligence, the victim’s family may be able to seek compensation for their loved one’s wrongful death in a court of law. Exactly who is entitled to bring the lawsuit is largely a matter of state law, but unique situations can occur…
When a case goes to trial, it is up to the trial court judge to determine the specific evidence that may be introduced by the parties and considered by the jury in deciding the issues. When one of the parties is aggrieved by an evidentiary ruling at trial, that party may…
If you have kids, you may have noticed a disturbing trend among businesses and organizations that cater to young people; birthday party venues, sports team organizers, and even some churches are requiring a signed release before a child is allowed to participate in recreational activities and other “kid-friendly” events. The reason, of course,…