In personal injury cases, one of the biggest questions that a jury must determine is how much a plaintiff should get, if anything, in damages. Damages are usually the collection of costs like medical bills, lost wages, pain and suffering, damage to property, and other expenses that a plaintiff has…
Tennessee Injury Lawyer Blog
Tennessee Court Allows Additional Time to Identify Jane Doe Parties
The way lawsuits are structured presumes that plaintiffs will usually know which defendant they want to sue. They will know the name of their neighbor or doctor or employer and be able to identify that person in a lawsuit. Sometimes, however, it isn’t so simple. You may want to sue…
Tennessee Court Evaluates Comparative Negligence
Sometimes when an accident occurs, the cause of the accident can easily be assigned to one person. For example, a drunk driver may hit another driver who is cautiously driving down the road. Other times, the cause can be more convoluted. While a perpetrator may be driving recklessly down the…
Tennessee Court Holds That Plaintiff Can Add Comparative Fault Defendants To Claim
Sometimes when a plaintiff is injured as a result of another’s actions, or a dangerous condition, he or she will not know precisely which defendants may need to be sued. For example, a plaintiff may sue a business for a cracked sidewalk, but might not know whether the business owns…
Tennessee Court Dismisses Premises Liability Claim Because of Immunity
As previously mentioned on this blog, governmental actors are entitled to many special protections in Tennessee when they are the subjects of lawsuits. Under the Tennessee Governmental Immunity Act, governmental agencies and their employees are immune from liability in certain situations. Typically, when a governmental agency or entity is sued,…
Tennessee Court Reminds Plaintiffs To Be Wary of Statute of Limitations
Tennessee, like most states throughout the country, imposes limitations on how long plaintiffs have to bring their legal claims, including claims for personal injury. These limitations ensure that claims must be brought within a reasonable amount of time and that plaintiffs cannot simply sit on claims for years before deciding…
Tennessee Court Holds Plaintiff Failed To Provide Evidence of Intentional Torts
When we are injured by another party’s misconduct, we may be certain that we know who and what caused our injuries. Many lawsuits are filed on the belief that a specific individual is responsible for a plaintiff’s harm, or that a certain bad act caused damages. While plaintiffs might know…
Tennessee Supreme Court Upholds Right of Uninvolved Parent to Recover Under Wrongful Death Statute
The Tennessee wrongful death statute permits the surviving spouse and surviving children of an individual who passes away to recover compensation on behalf of the deceased individual for injuries and pain and suffering that the deceased individual experienced prior to death. Wrongful death statutes often allow a surviving family member…
Sixth Circuit Allows Recovery For Accident After Use of Alcohol
Sometimes in Tennessee personal injury cases, a plaintiff will seek to recover damages from another individual who caused an injury or acted in a negligent manner that led to an injury. In other personal injury cases, an individual may be injured as a result of a simple accident, or an…
Court Holds That Failure to Follow Statutory Duty Does Not Create Strict Liability
Duties in a negligence case can arise from a variety of circumstances. A landlord may have a duty to protect a tenant or the general public from known dangerous conditions. A medical professional may have a duty to treat patients with a professional degree of care. Duties can also arise…