Category: Uncategorized

In a personal injury case, the plaintiff may collect compensation for losses they incurred due to someone else’s carelessness.

In cases involving more egregious behavior, the court may award punitive damages. However, the circumstances must meet specific requirements.

Difference between compensatory and punitive damages

Compensatory damages refer to the economic and non-economic losses associated with a personal injury case. For example, if you suffered injuries in a car accident, you may file a claim to recover the cost of medical bills, lost wages, property damage, and pain and suffering. Recovery of those damages compensates you for the financial, physical, and emotional losses associated with the injuries.

Punitive damages do not compensate for any tangible or intangible losses. The court orders payment of punitive damages as a form of punishment expected to deter the defendant from similar behavior in the future.

Actions that warrant an award of punitive damages

Negligent actions, such as standard carelessness, are not enough to warrant punitive damages. However, if the defendant acted with complete disregard for the lives and safety of others, the court will likely order them to pay punitive damages. For example, a car accident caused by distracted driving, such as looking at the phone, shows negligent behavior and warrants payment of compensatory damages. A car accident caused by a drunk driver displays gross negligent behavior and warrants payment of punitive damages in addition to compensatory damages.

An award of punitive damages in a personal injury case is rare. However, the circumstances surrounding every personal injury case are different and require special consideration.

When your loved one passes away because of someone else’s careless or illegal activity, you can file a wrongful death lawsuit to hold the responsible party accountable for their actions. Doing so can help to ensure that the negligent party does not hurt or kill anyone else.

There are key factors that will affect if you can pursue a wrongful death case in Tennessee.

Who can file a wrongful death suit?

You may have a wrongful death claim if the circumstances of your loved one’s death meet two criteria. The death must be a result of injuries caused by someone else or because of the wrongful acts of another person, and the deceased would have had the right to file a personal injury case if he or she had survived.

You can file this type of lawsuit if you are the deceased’s spouse or when there is no surviving spouse if you are the child or next of kin of the deceased person. In some limited circumstances, you can also file a suit as a parent. A representative of the decedent’s estate also has the right to a claim.

What type of damages are possible?

You can pursue compensation for the following:

• Medical expenses
• Funeral and burial fees
• Loss of income or financial support
• Noneconomic damages, like mental anguish and loss of companionship

The statute of limitations for wrongful death cases in Tennessee is typically one year from the date of your loved one’s death. You will need to act quickly to ensure your receive the compensation you deserve to help you through this difficult time.

The death of a loved one is a painful experience. When the death happens because of the negligence of someone else, the emotional and monetary ramifications may be catastrophic. Wrongful death laws in Kentucky provide an option for family members to hold someone responsible or receive compensation for the loss.

What is wrongful death?

The state of Kentucky defines wrongful death as the death of a person because of an injury caused by the negligence or wrongful act of someone else. There are four key elements to a wrongful death suit. They are:

• Negligence
• Breach of duty
• Causation
• Damages

A wrongful death suit is a civil action. The family may win compensatory damages that cover mental anguish and loss of income. The court may also award punitive damages if the accident was reckless or egregious.

Who can file a wrongful death suit?

A personal representative of the deceased’s estate, named by the probate court, can file a wrongful death claim. The appointed representative files the lawsuit on behalf of the family and any compensation received from the suit goes to the estate and family members.

Kentucky statutes require any amount recovered first go toward funeral expenses and attorney’s fees. Afterward, the money gets distributed in the following manner:

1. Husband or wife, but no children
2. Spouse and children
3. If no spouse, then children
4. If no spouse or children, then parents
5. When no surviving family members, then the personal estate

A family member has a limited amount of time to file a wrongful death claim. Kentucky’s statute of limitations is two years from the date of death. A surviving spouse or minor children must file a loss of consortium claim within one year from the death date.

Over the last few months, Americans used hand sanitizer to protect themselves and others. But this important effort may have be hampered by the manufacture of unsafe sanitizers. The U.S. Food and Drug Administration listed 149 of these dangerous and defective products.

Earlier warnings

On June 19, the FDA issued a warning about hand sanitizers containing methanol and cited products manufactured by Eskbiochem SA de CV in Mexico. This is a type of wood alcohol that may be toxic when it is absorbed into the skin.

When this warning was issued, the market had nine products of concern. Over 100 more products were subsequently added.

The FDA announced in late July that it created an import alert to prevent specific sanitizers from entering the country. It is also seeking cooperation from retailers to stop their sale.

August warning

Earlier this month, the FDA announced the dangers of hand sanitizers contaminated with 1-proponol. This is a toxic and, when ingested, a potentially life-threatening alcohol.

The FDA’s warning to health care professional and consumers addressed certain hand sanitizer products including products made by Harmonic S de RL de MI Mexico. These are labeled as containing ethanol or isopropyl alcohol but tested positive for 1-proponal contamination.

Ingesting 1-propanol can cause potentially deadly central nervous depression. Signs of exposure include confusion, decreased consciousness, and slowed pulse and breathing. It can cause irritation if it gets into the eyes or on skin. There were also rare cases of allergic skin reactions.

1-propanol should not be confused with 2-propanol/isopropanol/isopropyl alcohol and is not an acceptable ingredient for hand sanitizers marketed in this country. 1-propanol is most dangerous to adolescents and adults who may consume it as an alcohol substitute and to young children. Anyone exposed to this product and having symptoms should immediately seek treatment for the toxic effects of 1-propanol poisoning.

Disposal

Brands with products on the FDA’s current list include Blumen, Klar and Danver, Assured Instant Hand Sanitizer and Aloe, Hello Kitty Hand Sanitizer, LumiSkin, Modesa and V-KLEAN. The FDA’s website contains the entire list of 149 products.

The FDA recommends that you quit using any sanitizer on the list and dispose it in a hazardous waste container. Do not pour them down the drain or flush them.

Anyone injured by unsafe products may be entitled to compensation. An attorney can help hold manufacturers responsible for these injuries.

Summer is a time that many chose to drink, whether it is at a family barbecue, a special holiday such as the Fourth of July or even simply drinking in their own backyard. However, when drinking is combined with driving, the result can be a catastrophic car accident causing serious injuries or even fatalities.

Most people in Tennessee know that if your blood-alcohol concentration is above the legal limit of 0.08%, you are too drunk to drive safely. However, did you know that even moderate drinking can impair you to the point where driving is no longer safe?

For example, if you have consumed around three beers and have a BAC of 0.05%, you may have trouble with your coordination and you may have trouble with your ability to keep an eye on moving objects. Steering may become more difficult as well. In fact, if you have only consumed a mere two beers and have a BAC of 0.02% you may find you cannot exercise proper judgement and multitasking can become difficult. Any of these effects can be the key factor that leads to a drunk driving accident, even if your BAC is below the legal limit.

It may be safe to say that if you plan on drinking, do not plan on driving. Unfortunately, some people will assume they can safely drive even if they have been drinking and will go on to cause serious car crashes this summer. Those injured in crashes caused by drunk drivers will want to take the steps necessary to understand what compensation they are entitled to.

Many Tennessee drivers understand that not only is taking drugs, like cocaine, heroine and marijuana, illegal, but they also affect driving ability. Not as many drivers, however, realize that prescription medication and over-the-counter drugs can negatively affect driving as well. As a result, drugged driving can result in a DUI and/or serious accidents. 

According to the National Institute on Drug Abuse, almost 20% of impaired drivers tested positive for opioid drugs. In fact, opioid use can double the chances of getting into a crash due to reported side effects such as diminished judgment, drowsiness and impaired thinking. These are also side effects of other prescription drugs, such as benzodiazepines, which also cause dizziness. 

The two age groups that tend to drive under the influence of drugs more often are teenagers and older adults. Teens have less experience on the road, and they often practice more risky driving behavior, such as speeding. Many older adults take multiple medications, are not able to break them down as fast and may take the incorrect dosage, which leads to intoxicated driving. 

Along with opioids and benzodiazepines, the FDA lists additional prescription and OTC drugs that can negatively affect driving ability. These include: 

• Antidepressants 
• Antiepileptic and antipsychotic drugs 
• Codeine-containing meds 
• Stimulants such as diet and caffeine pills 
• Sleeping pills and muscle relaxants 
• Certain allergy and cold remedies, such as antihistamines 

The FDA warns that the effects of some drugs, such as sleeping pills, can linger into the next morning. Combining any of these meds, or taking in conjunction with alcohol, also intensifies their effects. 

Residents of Tennessee like you deal with risks on the road every day. Some of the biggest risks come in the form of distracted drivers, who are engaging in a behavior that is dangerous in many different ways. 

First, distracted driving is dangerous because it can take your hands off of the wheel. This is true for everything from texting to eating. Even taking your hand from the wheel long enough to change the temperature or adjust your radio station could be enough to cause you to crash. Taking a single hand from the wheel can result in a loss of fine control that could have helped you avoid any incidents. 

Second, it takes your eyes off of the road. When you travel 60 miles per hour, you cross the distance of a football field in 3 seconds. This means that even glancing down at your phone to read a text message can result in you crashing into another vehicle or even drifting into another lane of traffic or off of the road entirely. 

Finally, it can take your mind off of driving. This lowers your reaction times and makes it harder for you to spot danger that you may have otherwise noticed in advance. As with the other two categories, this can therefore increase your chances of getting into a crash that you may have avoided. 

If you are interested in taking a more in-depth look into distracted driving and the related risks, consider viewing our web page on motor vehicle accidents. We closely examine all aspects related to it. 

Vaping injury stories are increasingly common in the news of late. This unnerving issue has many people on edge. Vaping was once seen as a healthier alternative to smoking, but now that is under question. To further confuse the issue, there is a lot of misinformation or half-truths floating around about this concern. It is difficult to know what is accurate about the vaping injuries reported in the Tennessee news.

If you vape, you may wonder if you should be concerned. After all, if you suffer an injury, you will want to hold someone accountable so that other people do not have to go through what you did. However, thus far there is not a lot of conclusive information about these concerns. The Washington Post explains officials are still researching and gathering information about the vape injuries.

An initial warning

The best officials can do is warn you to stop vaping. There is a specific warning against using THC products in vapes. Most of the people suffering from injuries used THC products. Many of these people admitted to using black market products or altering the existing vaping juice to add THC oil.

The confusion

The main confusion is because there are many conflicting reports. Some sources say only people who have used THC vaping have suffered, while others make more general statements and even name specific vaping brands linked to those with injuries. Official reports have not released a lot of information and only provided the general warning to stop vaping.

In addition, there are no clear explanations about the actual medical conditions of the injured people. According to most sources, they have a serious lung-related illness or condition, but further details are not yet forthcoming.

Without more complete knowledge, it is difficult to hold anyone accountable for these vape-related lung injuries. It will take more time and information to get to the bottom of things.

A young Tennessee man killed in a fatal DUI crash on Highway 385 near Rivervale would have turned 25 next month. He left behind a six-year-old daughter and a wife who were not in the car with him when the fatal accident occurred. As reported by WREG Channel 3 News, the alleged cause of the crash was another Tennessee man who was allegedly driving while intoxicated and out on bail for a previous DUI offense. He also fled the scene of the accident. 

A witness saw the driver who caused the accident speeding past at about 100 mph. When officers caught up with him, they smelled alcohol and the driver displayed the typical tell-tale signs of intoxication. He admitted to having caused the crash that killed the young father. Officers detained the driver, who now faces charges for multiple offenses, including vehicular homicide and DUI. 

The news team reporting on the tragic accident obtained documents showing a Collierville court charged the intoxicated driver six weeks earlier for another DUI. His payment of a $750 bond enabled him to get out of jail and return to the road prior to causing the fatal crash. According to data compiled by the Tennessee Highway Patrol, the year 2018 saw more than 1,800 vehicle crashes caused by alcohol impairment. The THP also made close to 7,000 arrests for DUI during the same year. Out of the overall 29,186 crashes occurring in Tennessee in 2018, more than one third resulted in injuries or fatalities. 

Whether the cause is driver negligence, such as DUI or distracted driving, involvement in a vehicle accident can result in drivers and passengers — sometimes pedestrians and cyclists — battling serious and debilitating injuries. When catastrophic injuries or wrongful deaths result from a driver’s negligence or recklessness, a legal action may help survivors and injured individuals cope with the extremely difficult circumstances. 

A personal injury lawsuit is a way to get compensation for an injury even if it does not occur because of a criminal act. Even if the cause of your injury is not criminal, you may still be able to hold a party liable through a civil suit. At the core of this idea is the difference between justice and accountability.

People, businesses and government agencies have certain responsibilities to ensure their premises and those who visit them are safe. Their carelessness or irresponsibility may contribute to an accident or injury. Just because there is no crime does not necessarily mean they are free from all accountability.

Common cases

 Personal injury actions often arise from the following areas:

• Automobile, motorcycle, bicycle and pedestrian accidents
• Slip, trip or fall accidents
• Medical malpractice
• Defective medical devices or drugs
• Workplace accidents
• Dog bites

Most cases occur because of a person or entity failing to exercise reasonable care, also known as negligence.

Other reasons for personal injury lawsuits

 Negligence is not the only way to hold others accountable for injuries. Some situations involve intentional wrongdoings. Those involving manufacturers are strictly liable for any defective products.

What the process looks like

 When you initiate a personal injury claim, you are the plaintiff while the person or entity you are suing is the defendant. Lawyers who represent each side then gather evidence, generally by obtaining documents and conducting interviews. Then, the case either goes to trial or ends in a settlement. Settling means you agree to receive money in exchange for dropping your lawsuit. Whether you should accept a settlement depends on the strength of your case.

Compensation for your injuries

 If you win your case, a jury or judge awards you monetary compensation for your injuries, otherwise known as damages. This money may cover lost wages, medical bills, future wage losses, pain and suffering, disability or physical disfigurement.