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Tennessee Injury Attorney Blog

Tennessee Court of Appeals Holds that Case Alleging EMT Struck Patient in the Face Did Not Require a Certificate of Good Faith Before Filing
Mark Hartsoe

In Tennessee, there are certain procedural hurdles that must be addressed in filing a cause of action under the Tennessee Health Care Liability Act. Failing to comply with these requirements can result in the dismissal of an otherwise valid claim against an allegedly negligent health care provider. Facts of the Case In a recent case,…

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Tennessee Court of Appeals Vacates Summary Judgment to Defendants Who Allegedly Prevented Effective Service of Process on Medical Malpractice Defendant
Mark Hartsoe

Filing a lawsuit for medical malpractice or another act of negligence can be fraught with potential procedural pitfalls: missing a statute of limitations, naming the wrong party as a defendant, or – as happened in a recent case – an allegation that the person who accepted service of process on the defendant was unauthorized to…

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Tennessee Court of Appeals Affirms Bad Faith Penalty Against Insurance Company, Modifies $127,500 Award Upward by $4,000 to Reflect Policy Limits on Loss of Residence
Mark Hartsoe

Sometimes, it’s hard to understand why insurance companies do the things they do; other times, it’s just plain impossible. For example, why would an insurance company refuse to pay more than $2,000 to a family who lost their home and all of their possessions when they were insured for over $100,000? The trial court in…

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Federal Court in East Tennessee Orders Coal Company to Pay 20% “Additional Compensation” Due to Failure to Make Timely Payments in Black Lung Case
Mark Hartsoe

Since so many defendants are prone to protracting litigation in an attempt to avoid liability, or at least put off the inevitability of a judgment for the plaintiff, there are sometimes provisions in the law that require defendants to pay more than the judgment eventually entered by the court. Depending upon the case and the…

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Federal District Court Denies Summary Judgment in Tennessee Woman’s Premises Liability Case Against Retail Store
Mark Hartsoe

While Tennessee premises liability law imposes a general duty of care on landowners, including those who own retail stores, restaurants, and the like, proving fault in a particular case can sometimes be a difficult endeavor. This is because slip and fall, trip and fall, and fall-down lawsuits tend to be extremely fact-specific. Two customers who…

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Trucking Company Seeks to Avoid Personal Injury Lawsuit Based on Release that Injured Man Thought Pertained to Property Damage Only
Mark Hartsoe

It is truly appalling the lengths to which some businesses and insurance companies will go in order to limit or prevent recovery by those hurt due to the negligence of truckers and trucking companies. In the case discussed below, a professional trucker allegedly presented an accident victim with a document releasing the trucker’s employer from…

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Tennessee Appellate Court Reverses Summary Judgment in Railroad Worker’s Injury Case
Mark Hartsoe

Usually, an employee who is hurt on the job is limited to pursuing benefits available under Tennessee’s workers’ compensation laws. These benefits include temporary disability, permanent disability, and medical benefits, but no compensation is provided for the worker’s pain and suffering or other non-economic damages. There are a few exceptions to this general rule, however,…

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Tennessee Appellate Court Identifies Proper Family Member to Bring Wrongful Death Case Following Mother’s Death in Car Accident
Mark Hartsoe

When someone perishes in an accident caused by another party’s negligence, the victim’s family may be able to seek compensation for their loved one’s wrongful death in a court of law. Exactly who is entitled to bring the lawsuit is largely a matter of state law, but unique situations can occur that take a particular…

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Tennessee Court of Appeals Affirms Verdict in Favor of Injured Man in Tractor-Trailer Accident Case
Mark Hartsoe

When a case goes to trial, it is up to the trial court judge to determine the specific evidence that may be introduced by the parties and considered by the jury in deciding the issues. When one of the parties is aggrieved by an evidentiary ruling at trial, that party may opt to appeal the…

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Tennessee Court of Appeals Refuses to Enforce Pre-Injury Release Signed by Parent in Suit Brought by Child
Mark Hartsoe

If you have kids, you may have noticed a disturbing trend among businesses and organizations that cater to young people; birthday party venues, sports team organizers, and even some churches are requiring a signed release before a child is allowed to participate in recreational activities and other “kid-friendly” events. The reason, of course, is to…

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I was on my way to Atlanta and a huge truck rear-ended me and knocked me off the side of the road. I was scared. Didn’t know what to do. I tried working with the insurance company. They are just difficult to work with. I had to call somebody to take care of me. So, My brother told me to call Mark...

Mickey Anderson

I was hit coming home late at night by a drunk driver who took off. And the next day I was able to track down his vehicle and get the state police involved. At that point, a family friend recommended that I talk to Mark Hartsoe. Pretty much at that point, Mark handled the police, the insurance...

Nate Holder

I was involved in a motorcycle accident. It was a head-on collision. I broke my arm, injured by knee. I was out of work for a long time and had medical bills, other expenses. A personal friend handed me a card for Mark Hartsoe. I called Mark Hartsoe from the side of the road and he took care of...

John Lusinger

I wanted to thank you for the excellent representation and your ability to handle the situation so well with such compassion and strength. We appreciate all of your help, concern and for answering my many questions. It has been a difficult road to travel but when we come across people like you, it...

S. Carter

Thank you so much for all the work you did on our case. We received more than we expected. You were great through the whole time from the first meeting until the last. Thank you so very much.

Sam & Judy Kachar