Posts in 2022

Oct 16 CLAIMS AGAINST THE UNINSURED MOTORIST CARRIER IN A PERSONAL INJURY CASE-TORT, CONTRACT OR BOTH? YES, YES AND YES

Tort actions brought due to motor vehicle accidents may be brought not only against the primary tortfeasor but also against the ...

Oct 03 PROVING FUTURE MEDICAL EXPENSES IN A PERSONAL INJURY CASE-WHAT DOES IT TAKE?

Someone injured in an accident may not be finished with medical treatment when a case is ready to be tried or even by the time the ...

Sep 25 THE ELECTION UNDER THE TENNESSEE UNINSURED MOTORIST STATUTE: DEFENDING IN THE NAME OF THE UNINSURED MOTORIST OR THE INSURER

The Tennessee uninsured motorist statute, oftentimes referred to as the “UM statute,” gives the plaintiff’s insurer (the uninsured ...

Sep 13 PUNITIVE DAMAGE AWARDS AGAINST A DECEASED DEFENDANT-CAN IT HAPPEN?

It appears the answer is no. If you litigate personal injury cases, you are likely familiar with a claim for punitive damages. We ...

Apr 12 MEDIATION MUSTS

Maybe I am biased because I mediate, but I would argue that mediation is a critical stage in the litigation process. It is so ...

Apr 05 TENNESSEE BAD FAITH-AUTOMOBILE ACCIDENT CLAIMS

It seems to be more and more common. I see language in demand letters in tort cases making a demand for policy limits with the ...