For most Americans, the risk of injuries on a day-to-day basis is very low, with little worry that one will be habitually exposed to dangers such as a reckless driver, a hole in the ground, or an icy porch. For some, though, there are inherent risks in the work they…
When initiating a lawsuit, plaintiffs have a wide variety of procedural requirements that they have to follow in order to ensure that their lawsuit is brought in a timely fashion, and the defendants receive adequate notice of the lawsuit. One of these requirements is that the plaintiff must ensure that…
Under Tennessee law, summary judgment is a ruling that is reserved only for those cases where there are no disputes of material fact, and no way for the plaintiff or defendant to succeed in light of the facts that have been presented. Because the standard is so high, summary judgment…
One of the central tenants of being a litigant is that you have a duty to preserve any evidence that you know may be relevant to the litigation. Once it is reasonably foreseeable that litigation may occur, a party must make all reasonable efforts to “hold” important evidence and present…
Many Tennessee premises liability claims revolve around determining who is responsible for an accident and who should pay. In some instances, however, liability is not contested. Instead, the parties must fight with insurers about the extent of the related damage and what must be covered. In this recent insurance appeal,…
There are two distinct phases to most negligence cases. First, the court must determine whether the defendant was in fact negligent and is liable for damages. Second, the court must decide what the amount of damages owed is. Often, these issues are addressed simultaneously at trial. In other cases, the…
Typically during the settlement of claims between a plaintiff and a defendant, the defendant will want assurances that the plaintiff will not turn around and sue him or her again for different types of related claims, or otherwise continue to drag out litigation after a settlement is reached. In order…
Not all personal injury cases involve straightforward facts and circumstances, in which one party clearly committed a wrong and the other party was obviously injured. In many accident cases, multiple parties make errors, mistakes, or bad decisions that lead to the ultimate accident and injuries. And in those cases, determining…
Most homeowners have, at any given time, hired a repairman or handyman to take care of some sort of project at their home. Whether fixing an appliance, building a new staircase, or correcting faulty electrical wiring, the need for help can often seem endless. For most homeowners, the though of…
Under Tennessee’s wrongful death statute, when a loved one dies, there are certain family members who get priority to bring wrongful death lawsuits on the loved one’s behalf. Spouses have the primary right to bring such a claim, while children have a secondary right after spouses. Since Tennessee legislators did…