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Tennessee Injury Attorney Blog

Tennessee Court of Appeals Reverses Summary Judgment, Saying Jury Should Decide if Woman’s Choice to Use Flooded Restroom Was Reasonable
Mark Hartsoe

In a Knoxville premises liability lawsuit, the burden of proof rests on the plaintiff. Accordingly, he or she must have credible evidence proving that the defendant breached the duty of care that was owed to him or her under the circumstances. Unfortunately, evidence of the proper owner’s negligence can disappear quickly. The accident scene may…

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Tennessee Court of Appeals Denies Summary Judgment to Defendant in Car Accident Case in Which Complaint Was Not Filed Until More Than 18 Months After Crash
Mark Hartsoe

All personal injury and wrongful death lawsuits are subject to a statute of limitations. The limitations period for filing an action is established by statute and can vary from state to state. Tennessee has some of the shortest statutes of limitations in the country when it comes to lawsuits for, for instance, automobile accidents caused…

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Tennessee Court of Appeals Affirms $200,000 Damages Award to Student Injured by Teacher’s Shot Put Toss During Track and Field Tryouts
Mark Hartsoe

Lawsuits against governmental entities for the allegedly negligent acts of their employees can be difficult. As with other defendants accused of negligence, the government resists being held accountable in many East Tennessee personal injury cases. Generally, the argument is that the employee in question acted reasonably under the circumstances presented and that the plaintiff was…

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Infants Hurt by Opioids Stated a Claim Under Tennessee Drug Dealer Liability Act
Mark Hartsoe

In a Knoxville product liability lawsuit, one of the first considerations is whether the plaintiff has “standing” to sue. Standing is a legal concept that simply means a litigant must have a sufficient enough connection to the action at issue to support that party’s participation in the case. If a party lacks standing, there is…

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Appeals Court Refuses to Order Sanctions to Physician Against Whom Malpractice Was Asserted by Pharmacy in Tennessee Woman’s Negligence Case
Mark Hartsoe

Tennessee follows a principle of negligence known as “comparative fault.” Initially established by case law back in the 1990s, this doctrine holds that, in a Tennessee personal injury case in which a plaintiff seeks money damages for injuries allegedly caused by another’s negligence, the finder of fact is to make a finding as to the…

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Tennessee Court of Appeals Reverses Dismissal of Mother’s Suit on Deceased Son’s Behalf for Damages Arising in Car Accident
Mark Hartsoe

One of the foremost considerations in a Knoxville personal injury lawsuit is whether the would-be plaintiff has standing to file suit. “Standing,” in the legal sense, means that the person who is seeking redress has a right to relief under the law. This may seem like a straightforward question, but it can be a more…

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Tennessee Court of Appeals Holds that Uninsured Motorist Policy Did Not Preclude Prejudgment Interest
Mark Hartsoe

If you have never been involved in a lawsuit involving uninsured motorist insurance coverage, you might be surprised to find that the insured individual and their insurance company are in an adversarial relationship in such proceedings. In other words, in an east Tennessee car accident case, to determine the amount due an insured person who…

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Federal District Court in Tennessee Denies Nursing Home’s Motion to Arbitrate, Citing Physician’s Illegible Dating of Signature
Mark Hartsoe

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…

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Tennessee Trial Court Should Have Given Due Consideration to Litigants’ Motion for Expansion of Time for Service of Process in Personal Injury Lawsuit
Mark Hartsoe

Timeliness is critically important in personal injury and wrongful death lawsuits. There are deadlines for filing a claim, deadlines for effectuating service of process, and so on. Failure to file the appropriate paperwork in a timely fashion can mean the end of the plaintiff’s case – and his or her chance of receiving fair compensation…

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Appellate Court Says That a Tennessee Trial Court Was Correct in Ordering New Trial After Doctor Tried to Shift Blame for Alleged Negligence
Mark Hartsoe

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…

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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