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When Can a Tennessee Plaintiff Get Punitive Damages in a Personal Injury Case?
There are several categories of damages an injured plaintiff can claim in a lawsuit. Special damages refer to economic losses, such as medical bills and lost income while the plaintiff was unable to work. General damages compensate individuals for real but difficult-to-quantify losses related to the victim’s quality of life. Pain and suffering, mental anguish, […]
What Are the Rules for Truck Drivers Taking Opioid Pain Killers?
Prescription opioids, such as Vicodin, Demerol, and OxyContin, have become very popular as a means of treating acute and chronic pain. But there are several problems with taking opioid medications. There are uncomfortable side effects, including dependency, and the risk of drowsiness is so prevalent that patients are warned not to mix the drugs with […]
Who Is Responsible for a Truck Accident When the Brakes Fail?
Commercial trucking is a complex industry with many parties involved. So, when something goes wrong and trucks are involved in collisions, there’s often a great deal of blame-shifting, making it difficult to determine who is responsible. Take, for example, an accident where the cause is brake failure. The parties who might be at fault include: […]
How Does Tennessee’s Motorcycle Helmet Law Affect an Accident Claim?
Tennessee law requires all motorcycle operators and passengers to wear a helmet that meets safety specifications. If the person is under age 21, the helmet must meet federal standards set in 49 CFR 571.218. If the person is age 21 or older, the helmet must only pass the lesser standards set in Tenn. Code Ann. […]
What Is the “Pecuniary Value of Life” in a Tennessee Wrongful Death Claim?
If you have lost a loved one in a tragic accident or because of some negligent act or omission, you may be considering a wrongful death action. If the events leading to the death occurred in Tennessee, the case would proceed under Tennessee state law. The damages you could recover might include compensation for: Medical […]
How Soon After an Injury Event Must a Victim Die to Qualify as a Wrongful Death?
In the case of a car crash, an accident victim may die within seconds. But other injury events, such as a misdiagnosis of cancer, can cause harm to a person that results in death months or even years later. Does the protracted period of time relieve the defendant in any way from responsibility for the […]
How Comparative Fault Impacts Your Tennessee Auto Accident Case
Comparative fault is a legal concept based on the fact that more than one driver can be responsible for an auto accident. So, if two drivers make a mistake on the road, resulting in an accident, who is liable for the damages? Different states take different approaches to answering that question. Tennessee and 11 other […]
Auto Insurance Requirements in Tennessee
Tennessee enacted mandatory automobile insurance in 1977. Today all drivers are required to carry at least the minimum amount of liability coverage for accidents, in these amounts: Bodily injury to one person — $25,000 per accident Bodily injury to more than one person — $50,000 per accident Property damage — $15,000 per accident It cannot […]
How Does the Social Security Administration Decide If You’re Disabled?
The Social Security Administration pays disability insurance (SSDI) benefits to eligible workers who are totally and permanently disabled. But what is the basis for SSA’s determination? In short, you must answer questions that lead an evaluator to conclude that you are physically and/or mentally unable to hold gainful employment. Naturally, the entry-level question asks whether […]
The Role of Expert Witnesses in Personal Injury Cases
To win a personal injury case, a plaintiff has the burden of proving several separate elements, most importantly fault and harm. This proof must be clear and convincing for a judge or jury. In rare cases, what caused the injury and the extent of the harm are obvious. But in most cases, these points require […]