Premises liability and negligence claims arise when property owners have knowledge of circumstance or conditions on their property that could potentially cause harm, but they do not do anything to address those risks. While knowledge or awareness of a risk can be broadly interpreted, courts have consistently held that property…
When a litigant appeals a decision by a lower court in a personal injury or wrongful death action, the appeals court must review the record that was before the lower court, the evidence presented to the judge or jury, and the reasoning behind the court or jury’s decision. In order…
When a party is injured by the negligence of another party, that individual typically has claims for the pain and suffering and other damages that they experienced. Additionally, in some states, like Tennessee, those who knew the party, were closely related to the person injured, or witnessed the injury that…
When a plaintiff wins a lawsuit, the jury must typically decide the amount of damages that the plaintiff should be awarded, based on the evidence that the plaintiff has presented at trial. When a plaintiff so requests, juries can award damages for both economic injuries that were suffered (such as costs…
At the heart of every negligence case is the question of whether the alleged defendant actually owed a duty to the plaintiff who was injured. Without the presence of a duty, the defendant simply cannot be held responsible for any accident or injury that might have occurred. In Tennessee, individuals…
In most negligence cases, a plaintiff must show how a defendant breached a duty and how that breach caused his or her injuries. But in certain scenarios, a plaintiff may be certain that a defendant caused the injury but uncertain how the breach occurred or why it caused the injury…
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…
As anyone who has been involved in a lawsuit can tell you, litigation is rarely a fast or efficient process. It may take years for a case to proceed from the initial complaint all the way to a jury trial, with plaintiffs left waiting in the wings throughout. Courts recognize…
The question of foreseeability in negligence claims does not arise only when dealing with dangerous conditions or known defects. An individual’s propensity to commit certain acts of violence may also raise questions of foreseeability. Thus, when an entity has control over an individual, like a school or employer, and has…