Monthly Archives: January 2019

Jan 29, 2019

How Does a Wrongful Death Case Differ from a Typical Personal Injury Case?

By |January 29th, 2019|Wrongful Death|0 Comments

A personal injury case is a type of civil case where a plaintiff (the injured person) sues a defendant (the person who caused the harm) for compensation. In a wrongful death case, however, the plaintiff is usually a family member, who is suing either on behalf of a person who died as a result of negligence, or to recover compensation for his or her own loss. Wrongful death cases are brought on behalf of the family members. The person who can file the claim depends on their relationship to the deceased. [...]

Jan 22, 2019

What Rights Does the Employer Have to Your Workers’ Compensation Medical Record?

By |January 22nd, 2019|Workers Compensation|0 Comments

Employers will often seek to minimize your injuries. They’ll argue that you weren’t really hurt. They’ll say you should have returned to work by now. Employers and their insurance companies will try to blame your injuries on other medical conditions. Employees should understand that there are limits in Tennessee to what types of medical information about workers employers can obtain. Generally, employers are not entitled to request your medical health records from your doctors without your consent or a Court order. The employer’s right to request a medical records release authorization [...]

Jan 15, 2019

Your Rights When a Government-Owned Vehicle Causes Personal Injury

By |January 15th, 2019|Personal Injury|0 Comments

Filing a claim against the government is much different than filing a claim against a business or an individual. There’s an initial question of whether accident victims have the right to sue the government. If a claim can be filed, then the government must be given timely notice that an accident and injuries happened. There may be caps on the amount of damages you can receive. Accidents can happen while a person is a passenger in a bus, train, or other mode of public transportation. Buses include municipal buses and school [...]

Jan 10, 2019

6th U.S. Circuit Court of Appeals Says Caps on Punitive Damages Are Unconstitutional

By |January 10th, 2019|Personal Injury|0 Comments

In 2011, Governor Bill Haslam signed the Tennessee Civil Justice Act into law, thereby limiting the amount of punitive damages a plaintiff can be awarded in a settlement or trial. He claimed, at the time, that “This tort reform legislation will help us attract and retain jobs by offering businesses more predictability and a way to quantify risk.” In reality, all that law did – indeed, all tort reform measures ever do – is inflict further harm on the victims. That is why the December 21, 2018 decision by the 6th [...]

Jan 8, 2019

Ways to Prove a Driver Was Distracted When an Accident Occurred

By |January 8th, 2019|Car Accident|0 Comments

Drivers who operate their cars, trucks, or other vehicles while distracted are a serious danger, to themselves and others. They are at high risk of causing an accident which can injure or kill other drivers, passengers in any vehicle, bystanders, and bicyclists. Distracted drivers don’t have their eyes on the road, their hands on the steering wheel, and their minds on the traffic emergencies that can arise in an instant. It’s one thing to claim that a driver was distracted; it’s another thing to be able to prove it. Some of [...]

Jan 2, 2019

Telecommuting and Workers’ Compensation

By |January 2nd, 2019|Workers Compensation|0 Comments

Today, many workers are able to enjoy working from home at least part of the work week. Some employees never need to step foot into a physical office. A lot of work can be done through computers where workers can keep track of their hours. With videoconferencing and new software, workers can meet with their employer and coworkers online. Workers who telecommute can still injure themselves at home while they’re doing their jobs. An employee can stumble over a loose cable wire, fall, and injure their arm. A fire can happen [...]

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