Typically, negligence and personal injury claims are evaluated by considering the testimony presented by each party as to what happened at the time of the accident and who was at fault. The credibility of witnesses is evaluated, experts and evidence may be provided to support each party’s version of the…
If you’ve been severely injured in a Tennessee car accident, you may be able to access workers’ compensation funds if the car accident occurred while performing work for an employer. Workers’ compensation provides payments to an injured employee to cover lost wages and medical expenses. If the employee suffers a…
One of the foundational principles of the public judiciary is that judicial proceedings should be open and transparent for the public. For this reason, filings, papers, and arguments made by parties in a lawsuit are typically considered part of the public record and can be viewed by others, although sometimes…
While relevance may seem like a straightforward concept to grasp during a trial, it can often be surprisingly complex. Judges are tasked with the difficult directive of keeping a trial on task and on point, which includes excluding evidence that may not be relevant to the actual issues being decided.…
When a plaintiff is injured as a result of a defendant’s actions, many different types of damages can be claimed. A plaintiff may seek reimbursement for medical expenses or lost wages, or the value of property destroyed or damaged. In certain situations, plaintiffs may also recover for the emotional distress…
In this day and age of increasing litigation costs, more and more cases are settled long before trial begins. Plaintiffs frequently empower their attorneys to represent them in settlement negotiations, allowing lawyers to do much of the back and forth in reaching a settlement agreement. While it is important to…
When auto accidents occur, most drivers are quick to point fault at another driver, unforeseen distractions in the road, or defects in their vehicle. However, negligence can also arise due to the construction and maintenance of the road itself. For instance, intersections may be constructed in such a manner so…
Wrongful death claims are claims brought on behalf of an individual who has died as a result of another party’s tortious conduct. Since the deceased individual cannot bring a claim, certain family members are statutorily permitted to do so. Most state statutes, including Tennessee’s, carefully prescribe who is permitted to…
Under basic principles of negligence law, an individual or entity can only be held liable for injuries that another person suffers if the individual or entity had a duty to help prevent those injuries from occurring. A duty arises out of some obligation from one party to another. This can…
Generally, when an individual acts negligently, he or she can be held liable for any injuries that result from such negligence. In certain instances, however, affirmative defenses may be available that insulate the defendant from liability. For instance, if an individual is acting at the instruction of another party or…