Tennessee Injury Lawyer Blog

Tennessee Auto Accident Guide – What To Do And When

October 2, 2015 | Eric Beasley

If you or someone you love has been involved in an auto accident, you may not know what steps to take. Exchanging insurance information is only the first step of a much longer process. Therefore, it is important to obtain legal representation from a Nashville auto accident attorney as quickly as possible so that you and those you love can focus on recovery.

Expenses Incurred During An Auto Accident

Automobile accidents involve several expenses you may not have considered. You cannot rely upon your insurance company to voluntarily reimburse these losses. Some of these hidden costs include:

What To Do After A Fatal Car Accident

September 28, 2015 | Eric Beasley

When there are one or more serious injuries in a car accident, the sheer shock and amount of activity can be difficult to deal with. Unless you are an emergency responder yourself, you will be quickly overwhelmed by the sights, sounds and activity after a major accident. Learning what to do after fatal car accidents can help you protect your rights and make sure that you have the best possible outcome.

What to do After a Serious Car Wreck

Call for help: Immediately dial 911 to let rescue and emergency personnel know that an accident has occurred with serious injuries. Even if you think someone else has already called, call again. The faster help arrives, the better it will be for the victims of serious, possibly fatal car accidents.

How to Find a Personal Injury Attorney in Tennessee

September 15, 2015 | Eric Beasley

Before you can find a personal injury attorney in Tennessee, you need to determine which type of attorney you need. Personal injury, or tort law, encompasses a lot legal issues including dog bites, car accidents, assaults and slip and falls. Not every personal injury attorney in Tennessee may specialize in the area of law you need. So it’s important you start your search knowing what type of attorney you need.

Ask for Referrals

Talk to family members, friends and co-workers who have recently hired personal injury attorneys. Ask questions pertaining to the attorney’s legal experience and communication style. You will want to compile at a list of at least four to five attorneys.

Helmet Laws In Tennessee

August 24, 2015 | Eric Beasley

Each year, hundreds of motorcycle riders are injured or killed in the State of Tennessee. While there are many reasons for casualties in motorcycle collisions, one thing that a person can do to prevent more serious injuries, is to wear an state approved helmet. Under Tennessee state statutes, all motorcycle riders, or riders of any motorized, two wheel conveyance, are required to wear a helmet at all times while operating the vehicle. However, not all helmets sold are approved for use in the State of Tennessee. Therefore, all motorcycle, moped and scooter operators should be aware of what type of helmets are approved.

Specific Helmet Requirement

The laws of Tennessee, concerning helmets for motorcycle operators are specific in requiring crash helmets that meet federal safety requirements as covered under Tennessee statute 49 CFR 571.218. This includes passengers as well. Unless the operator/passenger is over 21 years of age, in which case the crash helmets must meet the same federal standards as listed in 49 CFR 571.218 but are allowed to have ventilation airways that do not exceed one and one half inches and are passed through the protective shell of the helmet. Additionally, all helmets are required to bear an appropriate sticker designating that the helmet is approved by the American Society for Testing Materials, the Consumer Product Safety Commission, the Southern Impact Research Center or approved by the Snell Foundation.

Personal Injury Law 101

August 10, 2015 | Eric Beasley

What is personal injury law? Personal injury law is the law that covers you if you have been injured as a result of someone else being careless or reckless. Also known as “tort” law, a reference to the French word for “wrong”, personal injury law covers you in the event you or your personal property has been injured or damaged due to someone else’s intentional misconduct.

A common example of personal injury is an injury sustained when someone hits your vehicle from behind while your vehicle is stopped. In this instance you are the plaintiff, the person harmed, and the vehicle owner who struck you is the, defendant or wrongdoer. If you sustain injury as a result of this accident you are entitled to file a personal injury claim to receive monetary compensation for loss of employment, medical expenses or any other loss you may have suffered as a result of the injury.

How is personal injury defined by Tennessee statues?

Tennessee law defines personal injury as an injury received as a result of an individual, business or other entity’s negligence. These injuries could be the result from vehicle accidents, product malfunction, medical malpractice or property liability. There is a one year statute of limitations on filing personal injury claims so it is important to contact an attorney as soon as possible after an injury occurs.

What To Do After A Motorcycle Accident

July 27, 2015 | Eric Beasley

After an accident the insurance company representing the party at fault will gather evidence to determine what, if any, they are required to pay. Their goal, at this point, is to pay out the lowest amount possible in damages. The most important thing to remember is not to simply accept the first settlement offered to you by the insurance company. In some cases, it is usually best to not even talk to the insurance company without consulting an attorney first.

Call An Attorney

Accidents happen on the road. People are distracted, they ignore road signs, they drive while impaired. The road can be a dangerous place. However, motorcyclists are much more vulnerable. In a motorcycle, there is no outer vehicle to shield you from impact. If you have been injured in a motorcycle accident, call a Nashville motorcycle accident lawyer as soon as possible.

Many drivers simply do not register the presence of a motorcycle on the road with them. When this happens, there is very little motorcyclists can do and it can lead to serious injury or even death.

What is the Dog Bite Statute?

July 13, 2015 | Eric Beasley

Dog bites are among the most common personal injuries that can occur to any child or adult. You can never predict when a dog will attack you. Even the gentlest dogs can cause you harm. If you’ve suffered from a dog bite, the first thing you will want to do after seeking treatment is contact a personal injury lawyer. A dog bite may not only cause psychological trauma and permanent disfigurement, it can also cause death. Personal injury lawyers in Nashville, TN can help protect you from the disastrous effects of a dog bite by offering you legal assistance when filing a dog bite lawsuit. Below is a detailed overview of the Tennessee dog bite statute.

Strict Liability

In 2006, a 60 year Old woman named Dianna Acklen was killed by 3 dogs while taking her regular walk in a rural residential neighborhood. This prompted the Tennessee Legislature to pass the Dianna Acklen Act of 2007, which abolished the First Bite Rule. Under that law, a dog owner had been exempted from liability if their dog had never attacked or bitten anyone before. The Dianna Acklen Act, by contrast, established Strict Liability for certain dog bite injuries, regardless of whether or not the dog in question has displayed vicious tendencies before.

The new law obligates dog owners to keep their dog(s) under reasonable control and on a leash. In the event that a dog owner breaches this provision, they can be subjected to civil liability for the damages suffered by a victim, no matter if they are in a public place or on the private property of another.

Tennessee’s “One Bite Rule” Explained

June 22, 2015 | Eric Beasley

The laws regarding liability in dog bite cases vary from state to state. In Nashville, Tennessee, the most pertinent aspect of the law is the so-called One Bite Rule. If you are bitten by a canine, the circumstances under which the bite occurred are of vital importance when taking your case to court – the same goes, of course, if you are the owner of the offending dog.

The First Victim Free?

What, exactly, does the One Bite Rule entail? The rule essentially forgives the dog and owner of a bite or attack on another person; provided that there is no previous history of an attack by that dog. The dog, therefore, is legally “allowed” one bite, and the owner is shielded from prosecution in a civil case.

Essentially, a Nashville dog bite attorney would tell you, the owner of a dog that bites a single person had no reasonable expectation that their domesticated animal was capable of such an act. Only if the dog was to bite or harm another person in a similar manner as the first victim would the owner and canine be rendered liable.

What to Consider When You Hire Nashville Attorneys for You Personal Injury Case

June 8, 2015 | Eric Beasley

Finding competent Nashville attorneys can prove to be an uphill task for many injury victims. Unfortunately, many of these victims’ efforts to get compensated never see the light of day after falling prey to incompetent attorneys who don’t meet the threshold of proper qualifications.

Remember that the attorney handles every aspect of your case, starting from gathering information all the way to litigation in court. As you consult different attorneys, keep in mind that the impact a good attorney will have on your case. Outlined below are guidelines to help you identify what makes an excellent Nashville attorney:

Many years of experience.

Your attorney should pride his/herself on having a wealth of experience in matters pertaining to injury and insurance law. Dealing with many different types of injury cases helps an attorney acquire multi-faceted experience and increases your chances of reaching a favorable settlement. Continued practice also helps familiarize them with precedents set by previous cases that could be beneficial to your case.

Taking Action Against Different Types of Personal Injury Cases

May 11, 2015 | Eric Beasley

Personal injury law, or tort law, allows you to sue for money when someone injures you. The person against whom the lawsuit is filed, known as the defendant, can negligently or intentionally cause your injury. This claim can arise from any type of personal injury cases such as:

Medical Malpractice

Medical malpractice occurs when a medical professional fails to provide you with proper medical care, resulting in injury. For example, the doctor could potentially misdiagnose the pain in your chest as heartburn. Later, you have a heart attack. You could sue the doctor to recover money for your personal injury.

Car Accidents

Car accidents usually happen when a driver isn’t following the rules of the road or driving carefully. The careless driver is usually responsible for any financial loss you suffered because of the accident. Your injury may include damaged vehicles, medical bills and lost wages.