Articles Posted in Wrongful Death

The requirements involved in filing an east Tennessee medical malpractice lawsuit can be very complex. It is, thus, extremely important for a would-be plaintiff in such a case to retain an attorney experienced in these matters as soon as possible after realizing that a medical error may have occurred. There is a limited time for…

No east Tennessee wrongful death lawsuit will be successful unless the plaintiff can prove, by a preponderance of the evidence, that the defendant breached at least one duty of care that was owed to him or her and that this breach of duty was the proximate cause of the damages for which the plaintiff seeks…

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 they may have jeopardized their…

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 of a deceased patient may…

For several years now, there has been a concerted effort to limit the legal rights of those who might seek to file a Knoxville nursing home abuse lawsuit. Typically, a representative of the nursing home begins this process by asking the patient or someone in his or her family to sign “routine paperwork” that includes…

Most everyone has heard the term “file a lawsuit,” but those outside the legal profession may not fully understand what that process entails. For starters, the plaintiff must prepare a formal, written complaint setting forth the basic factual allegations, legal claims, and relief sought. In addition to the filing of the complaint with the clerk…

In a Knoxville personal injury or wrongful death lawsuit, several elements of damages are possible. Some of these are “economic damages,” such as medical costs and lost wages. Others are referred to as “non-economic damages.” Non-economic damages include such things as compensation for physical and emotional pain and suffering, loss of the ability to enjoy…

In cases in which a negligent driver was acting in the course and scope of his or her employment at the time of a serious East Tennessee car accident or fatal crash, the driver’s employer can be held vicariously liable for the harm that befell the accident victim. This is important because the employer is…

Discovery is an important part of a Tennessee personal injury lawsuit. During this phase of litigation, the parties exchange certain information, such as the names of factual witnesses and the opinions of potential experts. When conducted appropriately, discovery can lead to a settlement of a case. As the parties learn more about the strengths and…

Most workers in Tennessee are covered by workers’ compensation laws. However, some are not. For example, some public employees are not entitled to benefits under the same system that a fast food restaurant employee or factory worker would be covered. In such cases, the employee (or, in a fatal illness or accident case, the worker’s…