Bringing claims in a Tennessee courtroom can be expensive. Getting a case ready for trial takes extensive preparation, discovery, and long days and nights thinking through the details of the case. This means that fees can add up, and lawyers may seem too expensive to consider. In these circumstances, some plaintiffs decide to go it alone in their case, acting as a pro se plaintiff, or a plaintiff without representation, in the courtroom. A recent case before the Tennessee Court of Appeals illustrates the complexity of bringing a premises liability lawsuit without an attorney and the care that must be taken in proving all of the elements of a negligence or failure to warn claim.
The Employee Retirement Income Security Act (ERISA) is a federal law that governs claims for benefits under retirement and disability plans, among other things. In enacting ERISA, Congress explicitly stated that ERISA is an area of federal law that can preempt related state law claims. This means that when a state law claim duplicates or supplants the federal enforcement schemes set forth under ERISA, Congress makes ERISA the exclusive remedy for relief, and the state law claim is preempted. While such preemption may seem straightforward, plaintiffs are still entitled to bring tort and personal injury claims that may be tangentially related to an ERISA violation, as long as the claims do not essentially duplicate the ERISA claim. In many cases, plaintiffs may also attempt to artfully plead personal injury claims so that they appear to be independent of an ERISA violation, when they are in fact the same thing. A recent case in the Sixth Circuit Court of Appeals takes a look at claims of negligence against medical practitioners involved in an ERISA-related evaluation of disability.
According to the Federal Motor Carrier Safety Administration (FMCSA), large trucks travel approximately 275 billion miles across America’s roadways each year. In recent years there has been a major focus on the safety regulations involving large truck operation throughout the United States, but unfortunately an estimated 385,000 large truck accidents still occur each year, and approximately 4,000 of those result in fatality.
Large truck accidents are different than other types of motor vehicle accidents. They often result in significantly higher levels of property damage, frequently involve multiple severe injuries, and are more likely to result in death than accidents involving smaller passenger vehicles. In addition, when you become the victim of an accident involving a large truck, the odds are against you before you even get out of your vehicle. Trucking companies often have decades of experience in dealing with accident claims similar to yours, and chances are their risk management department will already be working on ways to either deny your claim or minimize the payout you could receive. They frequently even have attorneys on standby- just waiting to fight against you. The bottom line is: if you or a loved one has been involved in a large truck accident in the “volunteer state”, you are almost certainly going to need a Tennessee truck accident lawyer.
Finding the Right Tennessee Truck Accident Lawyer
Personal injuries can be a traumatic experience both physically and emotionally. An injury due to another person’s negligence may leave you feeling distraught. In severe cases, the personal injuries may lead to the loss of a loved one. If you feel another person or entity is at fault, contacting a personal injury lawyer Tennessee should be your next step. An experienced lawyer will be able to determine if you are eligible to file a personal injury claim.
Types of Personal Injury Claims
The personal injury lawyer Tennessee will act as your personal advocate by protecting your legal rights. Allowing you time to focus on the healing process or grieve for your loss. Personal injury claims may be filed for a variety of reasons.
Slip and fall injuries can happen when you least expect it, leaving you to deal with the aftermath while trying to recover at the same time. People of all ages are apt to these types of accidents and often end up injuring more than just their pride. Slip and fall accidents can be caused by everything from simple negligence to failure to properly maintain properties. These hazardous conditions can include:
- Improperly signed wet floors, or waxy residue left behind
- Improperly lit walkways and paths
There are several things that happen when you are injured in an auto accident. The first and most obvious is medical care. The second is attempting to repair your vehicle, if it had also been involved. The third is dealing with the insurance companies–both your own and that of any other parties. These three things often become a source of hardship for the victim, instead of relief.
Hiring a trained Nashville car accident attorney is an important step to your recovery. The reason for this is simple: You and your family wish to focus on healing and not on endless bills or playing the blame game. Consider some of the following facts:
1. The insurance company of any other involved party does not wish to give you money, attempting to find a way to exempt their client of any liability. If that doesn’t work, they shall try to settle for the least amount possible, often making the process so tedious that you’ll agree to less out of frustration. It is better to have a mediator investigate the accident and handle negotiations the company on your behalf so that you may deal with your recovery without any added stress.
A major change in Tennessee tort law occurred on June 11th, 2011, when controversial tort-reform legislation capped non-economic damages at $750,000 per plaintiff. Though certain catastrophic injury cases still allow $1,000,000, state law definitely cut back on reimbursement for pain, suffering and emotional trauma. This law is being challenged in the courts, but for now, it is fully in effect.
Despite these new limitations, however, economic damages can be collected for medical expenses, loss of work, inability to continue your career and more. Furthermore, most tort claims never reached as high as 3/4 million dollars per person to begin with, and some claims fall under federal law. Thus, with the help of a good Nashville personal injury lawyer, victims can still expect to secure extensive damages. Experienced personal injury attorneys, such as those at the Law Offices of Eric Beasley, know how to fight hard and win the maximum reimbursement allowed by the law.
Some of the most common causes of personal injury that lead to a lawsuit include auto accidents, slip and fall injuries at work, medical malpractice, defective and dangerous devices, nursing home abusive neglect and dog bites. There are, of course, many other types of cases, but they all have these fundamental facts in common:
Have you received injuries from an unfortunate incident that was not your fault? The first step you should take is contact one of the leading lawyers in Nashville, TN, who specializes in personal injury cases. You definitely want to make sure you seek advice from an experienced attorney before making a financial agreement with the insurance company or another third party. This will protect your rights and ensure you get the full compensation you are entitled to receiving.
Big insurance companies always have a team of attorneys working on their behalf, so it is extremely important that you have a team of lawyers working for you. Your attorneys will work directly with you to determine exactly what your financial losses are and what amount you can receive in compensation, according to the law. This may include medical bills, loss wages, transportation costs, medical equipment bought for your home, renovations made to your home to accommodate your injuries, loss of personal property and more.
Your lawyers will be able to look beyond your current medical expenses and help you determine if future treatments are necessary. This will make sure you are financially covered not just for today, but also in the future. Your attorneys can also help you determine if you are entitled to any financial recovery for pain and suffering, due to the injuries you received. Most importantly, your attorneys will negotiate with the insurance companies, or third party, on your behalf to come to a final agreement that is in your best interests and protects your rights under the law.
Enduring a personal injury due to someone else’s laxity and carelessness can be atraumatic event. Seeking legal reprieve from Nashville attorneys who specialize in personal injury law is understandable, and it is often even essential. Before taking this road, however, there are a few things you need to know about personal injury cases.
What Is a Personal Injury Case?
A personal injury case is a legal battle that arises from the suffering or harm caused to a person because of an accident or injury caused by another party, who may be legally liable for that harm. There are two ways an injury case may follow. The case may be formalized in a court of law or through informal settlements where the issues are resolved out of court before any lawsuit is filled.
If you, or someone you care about, have been arrested for driving under the influence (DUI), you may be confused about what you should do. First, it is important to understand that these charges can have some serious penalties, such as high fines, loss of your driver’s license, impoundment of your vehicle and even possible jail time. The best thing you can do is to contact an experienced DUI attorney in Nashville who will fight to protect your interests.
It is crucial that you speak to an attorney as soon as possible after your arrest. This will give your DUI attorney leverage to properly represent you in court. Below is a look at several important reasons why working with a DUI lawyer is the best option for you.