In negligence cases, defendants can only be held liable for damages that result from actions that they have directly caused. For example, if a plaintiff is involved in an accident during a thunderstorm, she may be able to sue the other driver for injuries that she sustained during the car accident.…
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…
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…
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…
When an individual has to have serious surgery, he or she will generally be asked to consent to such surgery and will be informed of all of the related risks that may accompany the surgery. A surgeon will typically inform the patient of the possible scenarios that may occur during…
With the passage of several recent laws in Tennessee, plaintiffs seeking to bring claims against doctors and health care facilities must meet stringent requirements for providing notice and information to potential defendants. When these procedural requirements are not met, plaintiffs can be prevented from seeking relief and have their claims dismissed.…
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…
In recent years, more and more public spaces have begun to carry automated external defibrillators, also known as AEDs. These devices allow individuals to respond quickly to instances of cardiac arrest or other heart-related emergencies. AEDs do require training in order to be used effectively, and many of the distributors…
When an individual dies as the result of another’s actions, it is common for family members and friends to want to seek justice on behalf of the individual who has been killed. In most states, including Tennessee, state statutes dictate who is entitled to bring such a claim, in order to…
Under Tennessee law, family members of individuals wrongly killed as a result of another’s actions may sue for damages under the Tennessee Wrongful Death Statute. However, wrongful death claims cannot be brought whenever a family member wishes to bring one, but instead they must be brought within the statute of…