When considering the elements of a negligence claim, personal injury attorneys often focus on whether a duty can be established, or whether causation can be shown. Many times, the existence of an injury may be presumed, since, without an injury, it is unlikely that the plaintiff would be seeking to…
One of the more complicated aspects of a negligence claim is the determination of whether the injury was a foreseeable one and, if so, whether the foreseeability of such risks outweighed the cost incurred by the defendant in attempting to prevent it. Foreseeability is sometimes considered an aspect of the…
When injuries occur while an individual is taking on a task related to work, complicated legal issues can arise. Generally, injuries that occur on the job are addressed through a state’s workers’ compensation system. Workers’ compensation laws preclude employees from filing suit for personal injuries against an employer, but instead…
Negligence in a personal injury lawsuit can be proven by a variety of means. A witness may testify to observing negligent behavior, or the negligent actions may be documented in writing. Alternatively, there may be independent objective evidence of negligence, or, in rare instances, negligence may be inferred from the…
When a plaintiff brings a claim in an auto accident or personal injury case, he or she generally bears the responsibility of proving by a preponderance of the evidence that the actions of the defendant fell below a standard of care and contributed to his or her injuries. A failure to…
Tennessee is a modified comparative fault state. This means that when considering claims of negligence or personal injury, jurors or the court must look at the percentage of fault attributable to each party when determining liability. For instance, if a patron of a restaurant is slightly drunk and trips stepping…
When bringing a case in court, all parties to a personal injury dispute have the opportunity to request a trial by jury. This means that the plaintiff can initially request a jury, or, if he or she fails to do so, a defendant can request a jury trial as well.…
Typically, when a plaintiff alleges a claim of negligence in Tennessee courts, the plaintiff must prove all the necessary elements of a negligence claim, including duty, a breach of that duty, causation, and damages. Without establishing each of these elements, a negligence lawsuit cannot succeed. However, in certain circumstances, a…
When dealing with medical malpractice and personal injury claims against state employees, following the correct procedures for litigation can be exceptionally tricky. Under general principles of sovereign immunity, states are generally immune from liability for injuries that their employees may incur. In certain cases, states like Tennessee waive this immunity…
Claims for negligence and premises liability can arise in many situations. A visitor may fall and break a bone while walking around a piece of property. A participant in a sports game may tweak a knee while playing. A passenger on an amusement park ride may fail to read all…