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Articles Tagged with Tennessee

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By Kyle Roby, Partner

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Kyle Roby

English, Lucas, Priest and Owsley, LLP

All too often I get calls from people who have been rear-ended by a distracted driver. Most of the time, when no one was injured with only damage to the vehicle, there is not a need for a personal injury attorney like me to get involved, but I am always happy to provide information on how one should proceed after being rear-ended and provide a warning for potential pitfalls that may arise.

What often complicates matters is when the person that rear-ended the vehicle does not have insurance, leaving the person who got hit to fix their car out of their own pocket. In these situations, whether you are trying to seek payment for damages from the at-fault driver’s insurance company or your own to get your car fixed, this can be an extremely frustrating experience. Here are five tips that I often share to help ease your frustration: Continue reading

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What is disputed liability and what impact does it have in the state of Kentucky?

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By: ELPO Law Attorney J.A. Sowell (jasowell@ELPOLaw.com; 270-781-6500)

Disputed liability is a term used by insurance companies when negotiating bodily injury claims made against their insured after there is an injury resulting from a car wreck. Insurance companies want to limit the amounts of money that they must pay out to injured parties. One way to accomplish this goal is by disputing that their insured is at fault in what occurred.

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By Kyle Roby, Partner

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Kyle Roby

Most of us use the ride sharing service Uber when we need a ride because our car is in the shop or we are planning an evening out on the town. When you call for an Uber, the last thing on your mind is what happens if you are injured in an accident while riding in an Uber. However, as statistics show, accidents involving Uber drivers occur more frequently that one would imagine. Sometimes the Uber driver is at fault while other times it is the fault of another driver. But what happens to you – the passenger – if you are injured? Who will pay you medical bills, lost wages, or other damages?

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By Bob Young, Managing Partner
English, Lucas, Priest and Owsley LLP

In 2012, there was a national outbreak of fungal meningitis caused by poor manufacturing conditions at New England Compounding Company (NECC). Out of the 753 cases reported to the Centers for Disease Control, 234 individuals contacted fungal meningitis, while more than 300 individuals suffered from fungal infections. Sixty-four patients in nine states died.

We represented 32 patients from Kentucky and Tennessee, tracking the cases through the courts for more than five years. Even as NECC filed bankruptcy and the clinic that administered the injections in Tennessee closed down, we still gained settlements for our clients.

It was an incredibly complicated case, but for our team, it was all in a day’s (or a few year’s) work.

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By Kyle Roby
English, Lucas, Priest and OwsleyWhen you are injured in an accident, you may sue to recover the costs of reasonable and necessary medical treatment following the incident. How do you determine what those costs are and the reasonableness of them? Is it the medical bill itself? Is it what your health insurance paid? Is the other side entitled to a credit or set-off if the cost of your medical bills are reduced by insurance payments or the hospital charges a different rate for your health insurance? These are some of the questions you may have when trying to determine what is the reasonable cost of medical treatment in a personal injury case.

In most states, Courts will follow what is known as the collateral source rule. The collateral source rule is a rule of evidence that prohibits the admission of evidence that the plaintiff or victim has received compensation form other than the damages sought against the defendant. Typical examples of a collateral source are medical bills paid by health insurance or payments made by workers compensation.

Recently, the Tennessee Supreme Court was faced with the question of what was the reasonable cost for medical services in personal injury cases. This case, Dedmon vs. Steelman, is an important win for Tennessee patients and personal injury victims. The Tennessee Supreme Court heard the case in April and issued a ruling on November 17, 2017.

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Most of the time, the plaintiff in a lawsuit arising from a motor vehicle accident is either a person who has been hurt in a crash or a family who has lost a loved one in a fatal traffic accident.

Sometimes, however, the plaintiff is an insurance company that has paid out benefits to an insured – typically for property damage or medical benefits – and is seeking repayment from the person whose negligence caused the crash.

Both individuals and insurance companies must follow procedural rules, including filing a claim within the statute of limitations and pursing resolution of the lawsuit in a timely fashion.

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Compared to some states, Tennessee has a very short statute of limitations for the filing of claims involving personal injury: just one year. If a claim is not filed within this time period, the plaintiff’s case will be dismissed regardless of its merits.

In addition to filing his or her claim in court within one year of the accident, the plaintiff must also serve a summons and a copy of the complaint on the defendant within a certain time period.

A recent Tennessee personal injury case illustrates the difficulties that a claimant faced when his opponent not only moved out of the county but also filed for bankruptcy protection.

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As one might expect, a large number of motor vehicle and motorcycle accident cases focus on the issues of who was at fault and how much money it will take to fully compensate the injured person (or deceased person’s family) for the damages suffered in the collision.

Sometimes, however, the issue is not who is at fault but instead whether a particular insurance company is obligated to pay a claim arising from the accident. Such was the case in a recent declaratory judgment action that was reviewed by the Tennessee appellate court.

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Our civil justice system is built on the premise that a jury of disinterested individuals is in the best position to determine matters such as the credibility of witnesses and the amount of money that a person injured by another person’s negligence should receive in compensation for medical expenses, lost wages, pain and suffering, and so on.

Unfortunately, no system is perfect. Even juries sometimes get it wrong. When that happens, it is the trial judge’s job to grant a new trial so that justice may prevail.

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If you believe that you have a claim for personal injuries or for a loved one’s wrongful death, you should speak to an attorney about your case as soon as possible. This is because there is a limited time for filing both injury and death cases. This Tennessee product liability lawsuit case is a reminder that the statute of limitations isn’t flexible.

The statute of limitations prescribes the exact time period for bringing a claim, such as a negligence action arising from a motor vehicle collision, an act of medical malpractice, or an injury from a defective product. There may also be an applicable statute of repose that places additional constraints on the time for filing suit, based on factors such as, for example, the date an allegedly defective product was manufactured.

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