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…
In a Knoxville product liability lawsuit, one of the first considerations is whether the plaintiff has “standing” to sue. Standing is a legal concept that simply means a litigant must have a sufficient enough connection to the action at issue to support that party’s participation in the case. If a…
Tennessee follows a principle of negligence known as “comparative fault.” Initially established by case law back in the 1990s, this doctrine holds that, in a Tennessee personal injury case in which a plaintiff seeks money damages for injuries allegedly caused by another’s negligence, the finder of fact is to make…
One of the foremost considerations in a Knoxville personal injury lawsuit is whether the would-be plaintiff has standing to file suit. “Standing,” in the legal sense, means that the person who is seeking redress has a right to relief under the law. This may seem like a straightforward question, but…
If you have never been involved in a lawsuit involving uninsured motorist insurance coverage, you might be surprised to find that the insured individual and their insurance company are in an adversarial relationship in such proceedings. In other words, in an east Tennessee car accident case, to determine the amount…
More and more frequently, health care providers such as hospitals and nursing homes are seeking to prevent those whom they injure via negligence, abuse, and malpractice from having their day in court. They often do this in a very surreptitious way, such that many litigants are not even aware that…
Timeliness is critically important in personal injury and wrongful death lawsuits. There are deadlines for filing a claim, deadlines for effectuating service of process, and so on. Failure to file the appropriate paperwork in a timely fashion can mean the end of the plaintiff’s case – and his or her…
Doctors and nurses spend many years learning the professions. This does not mean, however, that they never make mistakes. They do, much more often that the general public would like to believe. When someone is hurt or passes away because of a healthcare practitioner’s mistake, the individual or the family…