Tennessee Injury Lawyer Blog

Filing An Auto Accident Claim

November 20, 2015 | Eric Beasley

For most, dealing with an auto accident that results in injury, especially if it was through no fault of your own, can be very intimidating. Finding a reliable lawyer, is an important first step to getting on the road to recovery. Eric Beasley is a trained, Nashville accident lawyer, with extensive experience personal injury cases throughout Tennessee. Eric Beasley will expertly navigate the red tape on your behalf while you and your family focus on recovering comfortably.

Auto Accident Costs

If you’ve been hit by a negligent or drunk driver, tractor trailer, or anything in between, you’re going to need someone who can handle everything while you are recovering. Things you may not have considered:

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

November 19, 2015 | Eric Beasley

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 the part of the State. The decision sheds lights on the high standards required to bring such a claim against Tennessee authorities.

Taking Legal Measures to Protect Auto Accident Victims

November 12, 2015 | Eric Beasley

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 fraud by those who would purport to offer them assistance and make it “all better.” A new Kentucky law aims to protect accident victims in these situations by implementing waiting periods before they can be solicited for medical treatment.

Truck Accidents Require Special Legal Knowledge

November 6, 2015 | Eric Beasley

According to the National Highways Traffic Safety Administration, large truck deaths have been on the rise all across the U.S. Between 2009 and 2013, for example, the total number of people killed in large truck accidents increased by 591 to reach 3,802. Within the same time, people who died as a result of truck collisions within Tennessee increased from 86 to 107.

Those who are not killed in the accidents usually escape with varying degrees of injuries. It is estimated that more than 104,000 people are injured in truck accidents every year across the country. In short, every 16 minutes, someone is either injured or killed in a truck accident in the U.S.

Truck Collision Cases Are Complex

Tennessee Supreme Court Reverses Course on Damages Caps

November 5, 2015 | Eric Beasley

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 reform opponents across the country, the Tennessee Supreme Court ultimately determined that Judge Thomas’ opinion prematurely addressed the issue of the cap on tort damages and that the decision should be vacated.As previously discussed on this blog, in March of this year, Judge Thomas issued a stunning decision, determining that damages caps imposed on plaintiffs claiming non-economic damages in personal injury cases were unconstitutional. The limit – $750,000 – was statutorily imposed by the Tennessee legislature through the 2011 tort reform initiative known as the Tennessee Civil Justice Act. Judge Thomas held that since plaintiffs are entitled to a right to trial by jury, and one aspect of the jury’s determination is the question of the amount and nature of damages, the damages cap unconstitutionally limited the jury’s authority. Accordingly, he struck down the cap.

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

October 29, 2015 | Eric Beasley

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 in the state, and it imposes stricter requirements on plaintiffs asserting personal injury claims against hospitals and medical providers. How does a personal injury victim determine if the THCLA applies to his or her claims? A recent decision by the Tennessee Supreme Court has answered this question, suggesting that virtually all personal injury claims in the health care context may need to meet the requirements of the THCLA.

The case, Ellithorpe v. Weismark, No. M2014-00279-SC-R11-CV (Tenn. Oct. 8, 2015), considers when a claim “sound[s] in health care liability,” as opposed to being only a basic negligence claim, and is thus subject to the THCLA. In Ellithorpe, the estranged parents of a minor child, M.L., sued a social worker who was providing counseling to M.L on a regular basis. The parents contended that they had not been informed of the counseling and that it was being provided without their consent. They further alleged that this “secret” counseling had caused harm to their child in the form of emotional distress. They filed a complaint for damages against the social worker without abiding by the pre-suit notice and certificate of good faith requirements of the THCLA. In response, the social worker filed a motion to dismiss the parents’ complaint because of their failure to comply with these procedural requirements.

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

October 22, 2015 | Eric Beasley

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 be entitled to tens of thousands, if not hundreds of thousands, of additional dollars in payments. For this reason, punitive damages is a claim that should be considered by any individual who has been harmed in an auto accident or other personal injury incident.

One of the chief difficulties in bringing a punitive damages claim is determining what constitutes “malicious” or “reckless” conduct. Courts have been notoriously reluctant to discuss the differences between liability for an action or accident itself, and punitive damages liability for the intentional or malicious nature of the action. Recently, however, the Kentucky Supreme Court issued just such an opinion.

Tennessee Personal Injury Claims Increase Despite Reduction in Auto Accidents

October 15, 2015 | Eric Beasley

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, Trends in Auto Injury Claims, 2015 Edition, was published earlier this month by the Insurance Research Council and evaluates the incidents of personal injury claims over the past year, as well as state-by-state statistics concerning automobile injuries and fatalities recorded on America’s roadways.

Preventing Falls In The Workplace

October 9, 2015 | Eric Beasley

Falls can happen easily and unexpectedly doing simple tasks like walking or climbing up a ladder. Sometimes, however, they a slip and fall accident will affect a worker perched 100 feet above ground. This can be serious and deadly. The Bureau of Labor Statistics reports that more than a tenth of all workplace fatalities are results from falling. Additionally, a little less than one fifth of all days spent away from work are related to fall injury recovery. If you’ve been injured during a fall at work you should contact slip and fall attorneys in Nashville to see if you are eligible to receive compensation.

Slip and fall accidents in the work place are most commonly the result of slippery floors, cluttered work areas, unstable walking surfaces, unsafe ladder positions and unprotected edges. Federal regulations are in place to provide specific prevention measures against unsafe work environments. Even with these regulations, however, many industries continue to happen and the number of slip and fall injuries continue to rise. Slip and fall attorneys in Nashville understand the law and will help protect your rights if you have been injured at your workplace.

Guidelines for safer working environments, include:

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

October 7, 2015 | Eric Beasley

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 provisions enacted under the Tennessee Civil Justice Act of 2011, and to cast doubt on the viability of Tennessee’s legislative efforts at tort reform.Under the statute at issue, plaintiffs seeking damages for pain and suffering as a result of an injury cannot receive more than $750,000 from a jury verdict. In this case, the two plaintiffs, victims of an automobile accident, sought non-economic damages for pain, suffering, and loss of enjoyment of life in the amount of $22,500,000. The defendants, AT&T Corp and Amiee L. Cain, sought to dismiss this claim for damages in excess of the $750,000 cap.