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Tennessee Injury Lawyer Blog

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Evaluating Dangerous Road Conditions in Tennessee – When Is Notice of Risk Enough?

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…

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Taking Legal Measures to Protect Auto Accident Victims

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…

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Tennessee Supreme Court Reverses Course on Damages Caps

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…

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Alleging Personal Injury in the Health Care Context – Abiding by the Tennessee Health Care Liability Act

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…

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Making the Case for Punitive Damages in Tennessee – What’s Required Under the Law?

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…

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Tennessee Personal Injury Claims Increase Despite Reduction in Auto Accidents

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,…

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Questioning the Constitutionality of Tennessee’s Cap on Pain and Suffering Damages After an Automobile Accident

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…