Nashville Personal Injury Blog

Rules For Filing A Car Accident Personal Injury Claim In Tennessee

As we head into the spring travel season in Middle Tennessee, traffic on our roads and freeways through the region often increases with drivers who don't know our roads or laws.

From time to time, it helps to review some of the legal issues that will frequently affect people at a most unexpected time in their lives. Car accidents never come at a good time but can throw your life into turmoil. It may help to review some of the laws regarding filing a personal injury claim.

While many car accidents are just a minor inconvenience involving vehicle repairs and filing reports with local law enforcement, there are just as many accidents in Tennessee that result in serious personal injuries that can have a lasting impact on an individual's lifestyle. In the event that a car accident leaves you with an injury that either prevents you from working or limits your quality of life, you may be eligible to file a personal injury claim against the at-fault party.

Tennessee is a shared-fault state, which means that the courts will determine who is at fault for the accident and what percentage of liability the drivers each may share, in the event of an injury or wrongful death.

Defective medical devices lead to unnecessary medical expenses

Defective medical devices can lead to unnecessary medical expenses in Nashville, Tennessee. Defective medical devices are a common occurrence, even with the technology available today. Those affected by a defective medical device might find themselves with unnecessary medical expenses that they cannot afford.

The most common medical expense you will face if a victim of a defective medical device comes in the form of hospital bills. A defective medical device can make you very sick, leading to lengthy hospital stays if the issue cannot be fixed immediately. Sickness can include vomiting, pain, headaches, infection, blood clots and more depending on the type of defective medical device installed in your body.

Tennessee plaintiffs claim vena cava filter is defective

A group of plaintiffs from both Pennsylvania and Tennessee claim that the vena cava filter is defective, according to a lawsuit. There are three plaintiffs involved in the suit, one from Philadelphia and two from Tennessee.

The lawsuit alleges that two medical device companies are manufacturing defective vena cava filters. The device is used to prevent blood clots in the lungs, also known as pulmonary embolisms.

The most often replaced auto parts in Tennessee

Owning a vehicle comes with plenty of responsibility, including having proper insurance and a driver's license. You must know the rules of the road everywhere you drive and adhere to the laws governing travel in the state of Tennessee.

A big responsibility of owning a vehicle is making sure it passes inspection and has the proper running parts. A vehicle that is left to rot and not cared for can lead to an accident that could cause you or someone else serious injury or death. Owning a car means you must be able to keep it in good running condition so it does not malfunction on the road.

What is included in a Tennessee wrongful death lawsuit?

Wrongful death is defined as the death or killing of a person due to the negligence or misconduct of another person. The surviving members of the victim's family might be able to sue for wrongful death damages, but would need to prove negligence on the part of the defendant. So, what are the elements of a wrongful death lawsuit?

First and foremost, a wrongful death lawsuit will be thrown out immediately if the person has yet to die from his or her injury. Any person who is injured by the negligence of another, but has not died, will have to file a personal injury lawsuit.

Debate rages around medical marijuana and opiate abuse

The debate rages on around the use of medical marijuana to curb opiate abuse in Tennessee. As the debate continues, lawmakers are considering whether or not they should introduce a bill that would allow the use of medical marijuana. A former assistant district attorney hopes that legalizing the drug will lead to fewer fatal overdoses in Tennessee.

"States that have legalized medical marijuana have seen on average a 25 percent decrease in opioid abuse and death rates, and that's huge. We're not seeing that anywhere supply is being focused on," a former District 13 assistant district attorney said.

Hip replacements are the most recalled defective medical devices

Over the past two decades, total hip replacements have become more popular. Their lure is the promise of increased mobility. However, between 2002 and 2013, six manufacturers defective medical devices were responsible for 578 recalls including Biomet, DePuy, Smith and Nephew, Stryker, Wright and Zimmer. Stryker had 231 recalls, and DePuy had 150. As a result, tens of thousands of people received faulty devices.

In 2010, DePuy spent a reported $800 million on recalls. Unfortunately, many of the recipients of their defective products failed to receive adequate compensation for pain and suffering, as well as medical treatments. Under the 510(k) program, the Food and Drug Administration allows manufacturers like DePuy to put faulty hip replacement devices on the market, as long as they can show a "substantially equivalent" device is already being sold.

Uninsured drivers impact the economy

If you get into a car accident in the state of Tennessee, you have a 1 in 5 chance that the driver of the other vehicle will be uninsured. The latest Insurance Research Council report (put out in 2014) ranks Tennessee 6th among the states with the highest uninsured rate at 20%, which is much higher than the national average of 12.6%.

Icy Roads: Do's and Don'ts

Driving in icy conditions is a must for a select few. If you are a nurse or doctor at a hospital, a police officer, or a first responder, the icy roads mean more patients and more calls. Specifically, officers and first responders have been trained to drive in these conditions, but even they are not immune from accidents.If you don't need to drive when winter weather hits, stay home and stay safe.


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  • "All of the staff members at Bart Durham Injury Law are very friendly and great to work with. They have open lines of communication with their clients, and respond in a timely manner. I trust them with my legal matters, and would advise anyone else in need of a lawyer to contact them first." Read More
  • “If you ever find yourself in need of an attorney, I highly recommend Bart Durham Injury Law. The staff is friendly and exceedingly willing to help in any way they can. They responded in a timely manner and communicated transparently throughout the time that I worked with them.” Read More
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  • Neva Herman - $3,000,000.00 Settlement Neva Herman was a passenger in a vehicle traveling on U.S. Highway 431 in Maury County. A drunk driver crossed the center line and hit the vehicle Neva was riding in head on. Neva was life-flighted to Vanderbilt Read More
  • Lencoya Crawford was a passenger in a vehicle operated by her husband, Quintin Crawford. Lencoya's minor children, Shawn and Coleshawn Mitchell, were also passengers in the vehicle. The Crawford vehicle was travelingRead More
  • Howard Patton was a passenger in a vehicle traveling east on Interstate 40. At the same time, another driver was stopped in the right-hand lane attempting to recover a mattress that had fallen out of her truck. The driverRead More
  • Larry Cheers was traveling on his motorcycle, wearing his helmet, when the adverse driver, driving a company truck, made a left turn and hit Larry's bike head on. Larry was thrown from his bike with such force that hisRead More
  • This incident occurred at an apartment building in Nashville where Karen Paxton tripped over an extension cord and injured her right knee. The extension cord was being used by workers who were authorized to work on theRead More
  • Alfred Potter was a passenger in a vehicle traveling on Interstate 40 East near State Highway 284, fifty miles west of Memphis. A tractor-trailer rear-ended the vehicle Alfred was riding in, causing the host driver to lose controlRead More
  • Elizabeth Gosby was a passenger in a vehicle operated by a friend. The friend lost control of her vehicle causing the car to flip three times and hit a treeRead More

Bart Durham Injury Law
404 James Robertson Parkway, Suite 1712
Nashville, TN 37219

Phone: 615-338-6177
Toll Free: 866-468-6603
Fax: 615-254-6562
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