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Tennessee Injury Attorney Blog

Tennessee Court of Appeals Reverses Defense Verdict in Birth Injury Case
Mark Hartsoe

Many Tennessee medical malpractice lawsuits involve tragic situations, but those involving young children and babies injured at birth can be some of the most heartbreaking. Doctors and their insurance companies are often quick to deny liability and shift blame for what happened. Cases against doctors and medical providers can be very challenging, so it is…

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Tennessee Court of Appeals Holds that Plaintiffs’ Motion to Revise Should Have Been Granted in Medical Malpractice Case
Mark Hartsoe

Like other personal injury and wrongful death cases, a Knoxville medical malpractice lawsuit usually sounds in negligence. In order to prove negligence, the plaintiff must prove four things: that the defendant owed a certain duty of care, that the duty was breached, that the plaintiff was harmed, and that there was a causal link between…

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Tennessee Court of Appeals Reverses Trial Court’s Assignment of 25% Fault in Slip and Fall Case to Teacher Who Fell in School Hallway
Mark Hartsoe

A Knoxville or Maryville slip and fall accident can cause serious, debilitating injuries. Medical expenses can be considerable, and the plaintiff’s inability to work while he or she recovers can put a family into a financial hardship from which recovery is difficult. If someone else’s negligence caused the fall, the plaintiff should consider speaking to…

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Trial Court Erred in Granting Summary Judgment in Premises Liability Case Involving Extension Cord, Says Tennessee Court of Appeals
Mark Hartsoe

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,…

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Tennessee Court of Appeals Holds that Plaintiffs Substantially Complied With Pre-Suit Requirements in Medical Malpractice Lawsuit
Mark Hartsoe

Filing an east Tennessee medical malpractice lawsuit is a complicated and demanding process. Not only is the plaintiff required to file a formal complaint (as is required in every personal injury and wrongful death case), but there are other requirements, as well. Whether or not a plaintiff has performed all of the procedural requirements to…

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Tennessee Law Allows Additurs in Medical Malpractice Cases, But They Are Subject to Review on Appeal
Mark Hartsoe

There’s an expression to the effect that sometimes one can “win the battle, but lose the war.” This can happen in the legal field, including in an east Tennessee medical malpractice case. A recent appellate case from Coffee County is illustrative. A widow won her medical malpractice case against a negligent hospital in the trial…

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Summary Judgment for Homeowners in Caterer’s Slip and Fall Lawsuit Was Wrong, Says Tennessee Appeals Court
Mark Hartsoe

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…

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Tennessee Supreme Court Says Husband Has Right to File Wrongful Death Lawsuit Despite Allegations of “Road Rage”
Mark Hartsoe

In an east Tennessee car accident in which someone is seriously hurt, the proper party to bring the action is usually obvious: the accident victim himself (or herself). When someone is killed in an auto accident, however, there can sometimes be a dispute about who should be allowed to pursue a wrongful death lawsuit. The…

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Tennessee Court Reverses Dismissal of Health Care Liability Action as to Two Defendants
Mark Hartsoe

In an east Tennessee medical malpractice lawsuit, the plaintiff must do more than simply file a claim in the manner that is generally required in a negligence case. Instead, he or she must also provide certain pre-suit notice to the defendant(s) and supply the defendant(s) with a medical authorization form so that he or she…

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East Tennessee Bicycle Accident Case Involving “Paceline” Riding Should Not Have Ended in Summary Judgment
Mark Hartsoe

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…

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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...

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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...

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