Under current Tennessee law, claims that were once referred to as “medical malpractice” cases are now referred to as “healthcare liability” actions. Although the basic idea is the same – a doctor, nurse, or hospital breached the standard of care owed to a patient, proximately causing injury or death to…
Tennessee Injury Attorney Blog
Tennessee Grocery Store’s Motion to Dismiss Shopper’s Recklessness Claim is Denied by Federal Court
Slip and fall accidents are common in grocery stores and supermarkets. In a Knoxville premises liability lawsuit arising from such an incident, the plaintiff has the burden of proof in establishing the defendant’s negligence. In order to prove negligence, the plaintiff must show that the defendant breached a duty of…
Federal District Court Holds that Tennessee Law Does Not Provide for Damages for a Plaintiff’s Own Loss of Household Services
In an east Tennessee personal injury lawsuit for damages suffered in an airplane accident, car crash, or truck wreck, the plaintiff may seek compensation for several different elements of damages. Typically, these damages include past and future medical expenses, pain and suffering, loss of enjoyment of life and loss of…
Tennessee Court of Appeals Affirms $105,000 in Motor Vehicle Accident Case
In an east Tennessee automobile accident case, an injured party may receive compensation for his or her medical expenses, lost earnings, pain and suffering, and other damages caused by a negligent driver. If the plaintiff is found to be partially at fault in the accident, his or her judgment for…
Federal Court Rules that Most of Army’s Report Concerning Accident is Subject to Military Safety Privilege
In a Knoxville personal injury lawsuit arising from a car accident or other vehicular collision, the burden is on the plaintiff to prove, by a preponderance of the evidence, that the defendant is legally liable for his or her medical expenses, lost wages, pain and suffering, and other damages stemming…
Federal Case for Negligence and Violation of OSHA Regulations Transferred from Ohio to Tennessee
When someone is hurt by the negligence of a corporation, the injured person may have multiple options as to where to file his or her claim. Generally speaking, most such claims are filed in a state court in the county in which the accident occurred. However, in some cases, the…
Tennessee Court of Appeals Reverses Defense Verdict in Case Involving Animal’s Death Due to Veterinarian’s Negligence
In a typical Knoxville wrongful death case, a family is seeking compensation for the loss of a loved one whom they believe died as the result of the negligence of an individual, corporation, or governmental entity. Damages may include funeral and burial expenses, medical bills, lost earning capacity of the…
Auto Accident Case is Remanded for New Trial on Damages, Following UM Carrier’s Appeal to Tennessee Court of Appeals
Many people labor under the mistaken impression that pursuing fair compensation is easier when the defendant in a car accident case is the victim’s own uninsured motorist insurance company. This is simply not true. As the case set forth below illustrates, an insurance company can likely align itself with the negligent…
Plaintiff Was Allowed to Take Voluntary Nonsuit in Medical Malpractice Case, Per Tennessee Court of Appeals
Every negligence lawsuit requires that the plaintiff prove certain elements, such as the existence and breach of a legal duty, proximate causation, and damages. However, a Tennessee medical malpractice claim requires even more specific proof, including expert testimony as to the applicable standard of care and the defendant’s alleged deviation…
According to Tennessee Court of Appeals, Summary Judgment Should Not Have Been Granted in Wrongful Death Case
When a loved one’s death was caused by negligence – or even reckless or intentional conduct – by another, the family should consult with a Tennessee wrongful death lawyer to discuss the possibility of filing suit against the responsible party. While a lawsuit cannot bring back the loved one, the…