Articles Posted in Tennessee Law

When a state legislature makes substantial modifications to existing medical malpractice law, the supposed intent is always phrased in terms of “addressing skyrocketing medical malpractice insurance rates.” However, the true reason behind these changes is rarely to save doctors money on their insurance premiums; the real purpose is most likely to increase the profits of…

It seems as though more and more Tennesseans are being hurt by acts of medical negligence in Knoxville and the surrounding area each year. Unfortunately, it seems equally true that medical providers, their insurance companies, and related entitles are forever thinking of new and improved ways to attempt to avoid liability for their actions. If…

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.…

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…

In a Knoxville motorcycle accident case, the defendant is typically a motorist whose negligence allegedly caused a collision that led to the cyclist being injured or killed. However, other individuals or businesses can also be named as parties in some motorcycle crash cases. As in other types of negligence lawsuits, the plaintiff has the burden…

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…

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…

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…

Generally speaking, the defendant in a Tennessee car accident case “takes the plaintiff as he finds her.” In other words, if the plaintiff had medical issues at the time of the accident, any exacerbation of these conditions is taken into consideration in determining the money damages to which the plaintiff (assuming that the defendant is…

The right to a fair trial is one of the most important components of the American judiciary system. This is true regardless of whether one is the plaintiff or the defendant or whether the case is criminal or civil. If a litigant believes that some impropriety has taken place that could prejudice his or her…