The plaintiff in a Knoxville car accident case must comply with several important deadlines, if his or her lawsuit against a negligent defendant is to be successful. One of the most important of these deadlines is the statute of limitations – that is, the deadline for filing a claim in a court with appropriate jurisdiction.…
Continue reading ›Everyone wants to be paid for his or her work, including medical providers who provide treatment to those who have been injured in an east Tennessee automobile accident. However, there are limitations under the law with regard to what a creditor can and cannot do in his or her collection efforts. A recent case explored…
Continue reading ›One of the most important considerations in a Tennessee personal injury lawsuit is, “When does the statute of limitations run?” While it is sometimes easy to determine this very important date, the issue can be very complicated in some cases. If the plaintiff’s suit is found to be filed after the expiration of the applicable…
Continue reading ›Most east Tennessee car accident lawsuits are filed in state court. There are several procedural and strategic reasons for this. However, when a federal question is involved in the case or when there is diversity of citizenship between the parties, the defendant(s) may remove the case to federal court. “Making a federal case out of…
Continue reading ›In an east Tennessee personal injury lawsuit based on a plaintiff’s allegations that a defendant acted negligently, there are four essential elements: duty, breach of duty, damages, and causation. “Causation” is a but-for cause-and-effect relationship between what the defendant did or did not do and what ultimately happened to the plaintiff. Unless the plaintiff can…
Continue reading ›An east Tennessee premises liability case can arise from many different types of dangerous conditions – a slippery floor, a broken staircase, etc. In such cases, the plaintiff has the burden of proving liability. This means that the plaintiff must provide evidence that shows that the defendant either knew of, or should have known of,…
Continue reading ›When someone is hurt on another person’s property, the injured person may file a lawsuit seeking monetary compensation for lost wages, medical expenses, pain and suffering, and other damages. The burden of proof is always on the plaintiff in an east Tennessee slip and fall case, however, and being successful at trial can be a…
Continue reading ›A common issue that arises in east Tennessee personal injury and wrongful death lawsuits is that of comparative negligence. This is because, under Tennessee’s “modified comparative fault” law, a plaintiff who is 50% or more at fault in an accident cannot recover compensation from the alleged wrongdoer. Tennessee’s rule is harsher than that of some…
Continue reading ›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 Court of Appeals definitely did…
Continue reading ›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 liability” claim. Facts of the…
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