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Articles Posted in Damages in Death Cases

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What Are Punitive Damages?

What are punitive damages?  How frequently are they awarded in Tennessee? Punitive damages are awarded only in cases where the defendant acted intentionally, knowingly, maliciously, or recklessly.   Punitive damages are designed to punish the wrongdoer and deter both the wrongdoer and others from similar conduct in the future.  …

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Placing Caps On Damages in Medical Malpractice Cases Will Lower Doctor Malpractice Insurance Rates, Right?

I keep hearing that Tennessee doctors pay a lot of money for malpractice insurance and that if we limit the right of patients to bring lawsuits doctors will save money on insurance.  Is that right? There is no reason to believe that malpractice rates will be dramatically or even materially…

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What Happens If I Lose An Amount at Trial Greater Than My Insurance Coverage?

I caused a car wreck and the other party was hurt.  I really don’t know how badly she was hurt but her medical bills are $40,000.  The case goes to trial in about 3 weeks.  My lawyer, who was hired by my insurance company, says that the case will probably…

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Is There A Cap on Damages In Tennessee?

Some states place a cap on damages in personal injury and wrongful death cases.  Does Tennessee? No, with a couple of exceptions.  At the present time, Tennessee does not cap damages in any type of personal injury or wrongful death cases except cases filed against state and local governmental entites.…

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Can I Require the Insurance Company to Pay Interest on My Personal Injury or Wrongful Death Settlement?

I was hurt in a car wreck six months ago.  It wasn’t my fault.  I have been waiting for over a year for the case to settle.  I lost three months of wages and have had to pay some medical bills that were not covered by my health insurance.  Can…

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What Damages Are Recoverable in Tennessee for Wrongful Death?

My husband was killed in a car wreck by a drunk driver.  What damages can be recovered by me and our children? These are the types of damages that can be recovered: (a) medical expenses; (b) funeral bills; (c) conscious pain and suffering from the date of the injury until…

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Value of a Wrongful Death Case

My wife was killed in a tractor-trailer wreck.   The wreck was not her fault.  What is this case worth? That question is impossible to answer without a great deal more information.   Was your wife working outside the home?   What was her income?  What was her age?  What was her state of…

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