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Articles Posted in Litigation Process

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Statistics on Trial Results in Personal Injury and Medical Malpractice Cases in Tennessee

The Administrative Office of the Courts has released the Annual Report of the Tennessee Judiciary for the Fiscal Year 2012-2013.  The report provides detailed information on each judicial district in the state. For instance, the report indicates the number of tort cases (claims for personal injury or wrongful death) filed in…

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Negligent Hiring and Due Diligence as an Employer

In Manhattan this week, jurors are debating whether Matthew Martoma is guilty of insider trading while at SAC Capital Advisors, a prominent hedge-fund. For an injury lawyer, Mr. Martoma’s trial raises an interesting question: what kind of background searches are being performed these days?   I ask this question because Mr. Martoma’s…

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Tennessee Injury and Wrongful Death Verdicts in Nashville, Davidson County, Tennessee November 2013

There were five jury trials in personal injury and wrongful death cases in Davidson County (Nashville) Tennessee during the month of November 2013. Two of those cases were slip and fall calls, also known as "premises liability" cases.  In one of those cases, the jury returned a verdict for the…

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True Confessions and Six Things That Can Hurt Your Tennessee Injury Case

Let me begin with a confession: I married a defense lawyer. Well, a former defense lawyer. She has since left the "dark side" and joined our firm. But before she found the light, she was involved in all types of injury cases for insurance carriers and major corporations. Below is list of some of the things…

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What Is A Scheduling Order?

A scheduling order is a pretrial order that governs the progress of a case as it proceeds toward a trial.  A scheduling order provides deadlines for taking depositions, conducting written discovery, identifying and deposing expert witnesses, filing certain types of motions, and other deadlines appropriate to the case.  It may…

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What is a “Structured Settlement” in Tennessee Personal Injury and Wrongful Death Litigation?

A structured settlement is an agreement reached between a plaintiff (the person who files a lawsuit) and the insurance company for the defendant (the person or company that is sued) to pay a personal injury or wrongful death settlement to the plaintiff over time rather than paying the money in…

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Charges for Medical Records Used in Tennessee Personal Injury and Wrongful Death Cases

Unlike Kentucky, Tennessee does not have a law that permits each patient to have a free copy of his or her medical record from a health care provider.  Tennessee law permits health care providers to charge for each and every copy of a medical record. It is important to have…

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Nashville and Davidson County, Tennessee Personal Injury Jury Trial Results for January, 2013

Here are the results for personal injury and wrongful death jury trials in Nashville, Davidson County, Tennessee for January, 201. Automobile Case:  $339,163 for the Plaintiff Automobile Case:  $143,451 plus $7500 for the Plaintiff Automobile Case:  $10,001 (minus 20% for comparative fault) for the Plaintiff Negligence / Breach of Warranty:…

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