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Posts tagged "pain and suffering"

Knoxville man lucky to avoid serious injuries after accident

Driving requires a motorist's full attention at all times. Even taking one's eyes off the road for a fraction of a second can result in serious consequences. The driver's car may veer into oncoming traffic, be unable to stop when the vehicles in front of it brake or speed through a stop sign or red light. This means that one split second of distraction can cause a devastating car accident that leaves individuals with serious injuries.

Judge rules noneconomic damages cap unconstitutional

When Tennesseans are injured in a car crash caused by a negligent driver, they often hope to recover their economic losses through a personal injury lawsuit. These damages often include medical expenses and lost wages. While recovering those losses is certainly beneficial, many accident victims also hope to recover compensation for their noneconomic injuries, such as pain and suffering. However, a 2011 Tennessee law capped noneconomic damages at $750,000, which may not be enough for those tragically injured in a car, motorcycle, or truck accident.

We take pride in our wrongful death representation

Last week, we discussed wrongful death recoveries and how they may be modified by the court. While this is certainly important information to know, there is a lot of work that must be done before a surviving family can get to that point. If you have lost a loved one in a fatal accident caused by a negligent driver, then you know how hard it can be to even think about the legal process. You are likely busy mourning your loss and making plans for your future.

If I recover in a wrongful death suit, can the award be modified?

The amount of compensation awarded in a successful personal injury or wrongful death lawsuit varies depending on the circumstances. If a settlement cannot be reached between the parties, then a jury will determine how much should be awarded to the injured party. Juries take many factors into consideration when making this determination, including an individual's income, medical and funeral expenses, and pain and suffering. However, if a jury awards you significant compensation, that may not be the final determination.

What is whiplash?

If you have been injured in a car accident, then you may have suffered whiplash. Whiplash is one of the most common car wreck injuries, and can wreak havoc on your well-being. This type of injury is typically caused when a car is rear-ended, forcing your head to snap back and forth. This violent motion can hyperextend, strain, or sprain your cervical joints, causing neck stiffness, sharp pain, neck and back problems, and, potentially, cognitive setbacks.

What is negligent entrustment and vicarious liability?

When you are injured in a car accident, you may be subjected to extensive physical pain and suffering. However, in the aftermath of the incident, you might also find yourself struggling to pay your medical and other bills, especially if you are forced to miss work and therefore lose wages. Thus, it often becomes imperative for car accident victims to do everything they can to ensure they recover the fullest compensation possible from those who may be held liable.

Inattentive driver causes fatal motorcycle crash

Though the weather has started to turn cold, many Tennesseans continue to ride their motorcycles. Whether to get to work, school or social events, riding a bike can be relaxing, fun and cost effective. However, far too many Tennesseans are simply unaware of motorcycles, putting bike riders at extreme risk of injury or death. In a matter of seconds, what should have been a peaceful ride can turn into a nightmare.

Truck driver fatigue is rampant, injures motorists

This blog often discusses truck accidents and the serious harm that can be caused to unsuspecting motorists. These victims can suffer extensive physical injuries, traumatizing emotional turmoil and significant financial loss. In fact, about 5,000 individuals are killed and nearly 150,000 more are injured by these wrecks. While these facts are certainly worth talking about, it is also important to discuss why preventable truck crashes happen and what can be done to stop them.

What is the burden of proof in a civil lawsuit?

A lot of Tennesseans have seen legal shows on television that always require an attorney to show guilt beyond a reasonable doubt before a conviction can be obtained. While criminal defendants certainly must be found guilty beyond a reasonable doubt before they can be punitively punished, the burden is far different in a civil lawsuit. In the civil context, an individual can prevail simply by showing liability by a preponderance of the evidence.

Can I still file a lawsuit even if I was partially at fault?

Yes, depending on the circumstances. Very few car accidents are solely the fault of one individual. Therefore, when a car wreck victim files a lawsuit, he or she may also be accused of causing the accident. Therefore, to make the legal system as just as possible, Tennessee has adopted a modified comparative fault system.

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