1. What is a wrongful death case?
Answer: A wrongful death case is a lawsuit in which it is asserted that one person intentionally, recklessly or negligently caused the death of another person.
Wrongful death cases can arise because of automobile wrecks, truck wrecks, bus wrecks, medical errors, pharmacist errors, fall injuries, construction accidents, and a large number of other situations.
1. What are the responsibilities of truck and bus drivers?
Answer: Truck and bus drivers are required to live up to the same standards and laws as every other driver on the road. In addition to these general rules, there are special safety laws that also cover most commercial drivers.
First, to prevent drivers from driving so long that they become dangerously tired, the law sets maximum hours they are allowed to work before taking a break. Truck drivers cannot drive more than eleven hours in one shift without stopping to take a break. Also, no matter how much time they spend behind the wheel, a truck driver has to stop and take a break within fourteen hours of the time the driver first clocks in to work for a shift. A break has to be ten hours in a row completely off duty. It does not matter if a truck driver works for two or three different companies; to comply with the law, the truck river must take a ten hour break from any and all jobs.
1. What is a products liability claim?
Answer: A products liability lawsuit is a claim that a person was injured or died due to a problem with a product. A “product” can be almost anything that can be manufactured, including cars and planes, medication, consumer goods like lighters and lawnmowers, and industrial machinery.
In a products liability lawsuit, the manufacturer of the product can be held liable for the problem with the product that caused an injury or death. Manufacturers include designers and makers of products, as well as those who design or make parts of products (such as the maker of an axle to be used in an automobile).
1. What is a medical malpractice case?
Answer: Cases for injuries caused by a medical provider during the course of providing medical treatment are called medical malpractice cases. There are many different fact situations which can form the basis of a claim. The injury may be the result of something the medical provider did such as performing surgery on the wrong arm or leg. Or the injury may be caused by the medical provider’s failure to provide appropriate medical care or make a timely diagnosis. Medical malpractice claims may include claims against doctors, nurses, hospitals, nursing homes, pharmacies, home health agencies, and other types of health providers.
2. What is the deadline for filing a medical malpractice case in Tennessee?
1. What is a personal injury?
Answer: A personal injury is an injury to a person caused intentionally or by the negligence of another.
2. What types of personal injury cases are there?
INJURY TO A CHILD:
1. My child has been injured. How long do I have to bring a lawsuit on behalf of my child?
Answer: Under the law in Tennessee, there are time limits on which any person can bring a lawsuit against another. The general rule is that a child has until one year after his or her eighteenth birthday to bring a lawsuit to recover for a personal injury. Some people argue, however, that a parent’s claim for medical expenses incurred on behalf of the child must be filed by the parent within one year of the incident causing the injury, and thus it makes sense to consult with a lawyer promptly about any injury to your child that you believe was caused by someone else’s negligence.
1. What duties do drivers owe to other people on the road?
Answer: Drivers owe other persons upon the roadway a duty to use reasonable and due care in the operation of their vehicles so as to avoid injury to other persons using the roadway. This includes keeping a proper lookout, maintain proper control of the vehicle, turning appropriately, stopping appropriately, and maintaining an appropriate speed. A driver also has a duty to follow state laws and local ordinances in operation of their vehicle. One example of a state law that drivers must follow is that it is illegal to operate a vehicle under the influence of alcohol or other drugs.
Common carriers (those that carry passengers for hire, such as buses and taxi cabs) are held to a higher standard of care. They must exercise the highest degree of care for their passengers’ safety.
This Legal Guide will explain the various steps that take place during the trial of a personal injury or wrongful death lawsuit in Tennessee.
1. Jury Selection
Most of the trials in personal injury and wrongful death cases in state court in Tennessee are jury trials. The jury panel consists of thirty to sixty residents of the county where the trial is taking place.
1. Is there a deadline to file a lawsuit?
Answer: Yes. Statutes of limitation passed by our legislature limit the time to file a lawsuit in all types of cases. The length of time varies depending on the type of case. In most instances you have one year from the date of the incident causing injury to bring a lawsuit, although shorter time limitations apply in some types of cases. There are other laws known as “statutes of repose” that provide absolute deadlines on filing lawsuits. This type of law may result in you losing your rights before you know you have suffered an injury. Given the many factors that must be considered in determining your specific deadline to file a lawsuit, the best course of action if you believe you have a potential legal action is to contact a lawyer immediately. Our firm will meet with you at no charge to help you determine if you have a claim and help you understand what deadline for taking action actually applies in your case.
2. How do you initiate a lawsuit?
The lawyer / client relationship is a special one and, just like the lawyer has certain obligations to the client, the client must do certain things to assist the lawyer in the representation. We expect the following of our clients:
