In the rush of home design and construction, defects are often a common reality, even if they are not discovered for months or years down the road. In between the time where a defect occurs, or an error is made, and when that defect is discovered, a home may pass…
As previously discussed on this blog, earlier in 2015 the Tennessee Supreme Court handed down a decision that appeared likely to change the landscape of personal injury claims that arise in a health care context. Contrary to prior precedent on the issue, the Court held that new changes to the Tennessee…
When can a change in road conditions and navigation constitute a danger to drivers? The Tennessee Court of Appeals recently weighed in on this question when it considered, and reversed, a lower court decision finding that the recent creation of a new intersection was sufficiently dangerous to constitute negligence on…
The aftermath of an automobile accident, no matter how minor, can be unnerving and overwhelming to victims. Contact information must exchanged, police reports often need to be filled out, and insurance companies must be notified. In the midst of such frenzy, auto accident victims are particularly susceptible to exploitation and…
In a decision handed down in October from the Tennessee Supreme Court, the Court has vacated a prior decision by Hamilton County Circuit Judge Thomas, holding that the damages caps imposed through Tennessee’s tort reforms were unconstitutional. Despite support for Judge Thomas’ decision among the Tennessee legal community and tort…
In Tennessee, when a personal injury claim arises in the health care context, it may be subject to the particular requirements and restrictions of the Tennessee Health Care Liability Act (“THCLA”). The THCLA was enacted in order to reduce the number of frivolous and time- consuming medical malpractice claims brought…
Punitive damages are a type of damages meant to punish an individual for particularly egregious conduct and deter others from acting in a similar manner. In Tennessee, punitive damages are available if a plaintiff can show that a defendant acted intentionally, fraudulently, maliciously, or recklessly. If successful, a plaintiff can easily…
According to the results of a recently published study by the Insurance Research Council, the cost and severity of personal injury claims arising out of automobile accidents continue to rise, despite an overall decrease in the number of auto accidents in Tennessee and other states throughout the country. The study,…
Tennessee’s cap on damages for pain and suffering, also known as “non-economic damages,” is unconstitutional according to a recent decision from Judge W. Neil Thomas of the Hamilton County Circuit Court. The decision is one in a line of several recent rulings to question the constitutionality of many of the…
Before you can find a personal injury attorney in Tennessee, you need to determine which type of attorney you need. Personal injury, or tort law, encompasses a lot legal issues including dog bites, car accidents, assaults and slip and falls. Not every personal injury attorney in Tennessee may specialize in the area…