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Proposed Change in Seat Belt Law Hurts Tennessee Accident Victims A proposed bill in the Tennessee Legislature would change a decades-old law that was designed to protect accident victims and protect the taxpayors. Since 1986, the law made it inadmissible in court whether an injured person was wearing his seat belt. This...
Read More Continue ReadingPartially at Fault in a Car Wreck in Tennessee? Law FAQ: I was in a car wreck in Tennessee, and I may be partially at fault. Do I still have a legal claim? ANSWER: Maybe. You can take comfort in the fact that “slam dunk” cases rarely exist. There...
Read More Continue ReadingOutrageous & Frivolous Lawsuit Verdicts – Fact or Urban Myth? Everybody has probably seen them at one time or another — The Stella Awards — an annual list of the most outrageous lawsuits. The Awards are named after Stella Liebeck, the lady who sued and won a multi-million dollar verdict...
Read More Continue ReadingScalded Privates: The Short (But Real) Story Behind the Supposedly “Frivolous” McDonald’s Hot Coffee Lawsuit “Can you believe it? Some lady got millions for burning herself with her own hot coffee from McDonald’s!” You’ve no doubt heard all the talk before. The case has become the poster child for so-called...
Read More Continue ReadingLaw Talk Series: The Legal Issues in the Sandusky-Penn State Saga I regularly follow the Litigation & Trial Blog of Pennsylvania lawyer Max Kennerly. He frequently provides tips and discusses legal issues relevant to the work of trial lawyers. Being on the ground there in Pennsylvania, Mr. Kennerly is uniquely...
Read More Continue ReadingWhat is a Deposition? A deposition is similar to a witness testifying in court, except that it occurs in an out-of-court setting. A witness at a deposition is referred to as the “deponent.” A deposition usually takes place in a lawyer’s conference room, although I’ve personally been involved in depositions...
Read More Continue ReadingLaw FAQ: What is negligence? What is a legal duty? (Part 2) In yesterday’s blog post, I listed the 5 basic elements for a negligence claim: duty, breach, injury, causation, and proximate/legal cause. Today’s post will focus on the first 2 elements which, for the most part, comprise the most interesting and difficult...
Read More Continue ReadingLaw FAQ: What is negligence? Negligence is the legal term for failing to exercise reasonable care and caution under a given set of circumstances. It is commonly referred to as “the ordinary, reasonable man” standard. Legal liability is assessed when a person fails to follow society’s most basic “rules of...
Read More Continue ReadingLAW FAQ: I was hurt at work in a freak accident that wasn’t really anybody’s fault. Does that mean I can’t get work comp benefits? I got hurt on the job and it’s getting tough to pay the bills because I haven’t been able to work for a few weeks. ...
Read More Continue ReadingBe careful what you ask for at the Chiropractor Many people visit the chiropractor for an alternative treatment to many issues ranging from back pain and headaches to allergies and fatigue. An experienced chiropractor will spend time determining why someone is experiencing such poor health and offer a treatment regimen designed...
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