Articles Posted in Personal Injury

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manKnoxville personal injury cases in which a government entity is named as a defendant proceed differently from claims against businesses or individuals. Recovering fair compensation in such cases can be more difficult than in other personal injury cases, since different rules apply.

Generally, cases in which the State of Tennessee is a defendant must be filed in the Tennessee Claims Commission, rather than in the circuit court of the county where the alleged act of negligence took place.

If a plaintiff is successful in the claims commission, he or she can recover monetary damages against the State but only up to an amount set by statute. No punitive damages can be awarded, and the plaintiff must bear all of his or her litigation costs. (Sometimes costs are shifted to the losing party in other cases.)

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If you or a loved one has been hurt in a Knoxville car accident, three of the most important words to you right now should be “statute of limitations.” Failing to file your claim by this important deadline can seriously jeopardize your chances of recovering fair compensation.

For this reason, it is critically important to consult an attorney as soon as possible after an accident so that he or she can be investigating the case and preparing the necessary paperwork so that untimeliness will not be an issue in your case. It is important to note that Tennessee has a very short statute of limitations for personal injury claims – just one year. The deadline can slip past very quickly, especially in a serious accident in which the plaintiff’s physical recovery is ongoing or in a wrongful death case in which a family is grieving the loss of a loved one.

Facts of the Case

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ambulanceIn Tennessee, there are certain procedural hurdles that must be addressed in filing a cause of action under the Tennessee Health Care Liability Act.

Failing to comply with these requirements can result in the dismissal of an otherwise valid claim against an allegedly negligent health care provider.

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Since so many defendants are prone to protracting litigation in an attempt to avoid liability, or at least put off the inevitability of a judgment for the plaintiff, there are sometimes provisions in the law that require defendants to pay more than the judgment eventually entered by the court.

Depending upon the case and the applicable law, this can include both pre-judgment and post-judgment interest, as well as outright penalties and, in a recent black lung case, “additional compensation” of up to 20%.

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Usually, an employee who is hurt on the job is limited to pursuing benefits available under Tennessee’s workers’ compensation laws. These benefits include temporary disability, permanent disability, and medical benefits, but no compensation is provided for the worker’s pain and suffering or other non-economic damages.

There are a few exceptions to this general rule, however, including third-party lawsuits in cases in which the negligence of someone other than the employer may have caused or contributed to the worker’s injuries or death. A “textbook example” of this occurs when a delivery driver is hurt in a car wreck in which another motorist is at fault.

Another situation in which an injured worker has options other than workers’ compensation is when that worker is employed in a particular type of work covered by other laws, such as in a railroad injury case.

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