Compared to some states, Tennessee has a very short statute of limitations for the filing of claims involving personal injury: just one year. If a claim is not filed within this time period, the plaintiff's case will be dismissed regardless of its merits.
In addition to filing his or her claim in court within one year of the accident, the plaintiff must also serve a summons and a copy of the complaint on the defendant within a certain time period.
A recent Tennessee personal injury case illustrates the difficulties that a claimant faced when his opponent not only moved out of the county but also filed for bankruptcy protection. Read More
Generally, when someone is hurt due to another party's negligence, the injured person has a right to seek fair compensation in a court of law. When the alleged breach of duty was by a governmental entity or government employee, however, different rules apply.
At common law, the government could not be held liable for injuries caused by negligence. This was because of the "sovereign immunity" doctrine, which held that "the king can do no wrong."
While it is now possible to file suit against the government and be awarded money damages under some circumstances, such cases tend to be much more difficult than if the defendant had been a business or individual without government ties. Read More
Those who own or operate businesses that are open to the public have certain responsibilities to keep their premises safe for those who come onto the property for a business purpose, such as to shop at a store or eat at a restaurant.
When this duty is breached, an injured person has the right to seek monetary compensation for medical expenses, lost wages, and pain and suffering associated with the accident. Read More
By Nathan Vinson, Attorney
English, Lucas, Priest and Owsley, LLP
Prince performing in concert in Louisville, Kentucky. Photo by Bob Young.
It’s been more than a year since music legend Prince died unexpectedly at his home in Minnesota. He was actively touring and working at the time of his death on April 21, 2016, at the young age of 57.
You’re forgiven if you assumed his estate was long settled, since he died more than a year ago. But it’s not done yet – and may not be for quite a while – due to the fact that he died without a will.
It’s astounding to think that someone who is as famous, prosperous and with as many assets as Prince would die without this basic legal document. But as it turns out, he’s no different than anyone else – he probably didn’t want to think about death.
Whether you die a famous millionaire or with few assets, if you don't have a Will you can leave a large mess. Heirs you would have never wanted to have your property could get it. Your estate will spend more probating your assets as well, and those who you wished to receive items from your estate may never see them.
Prince was a very charitable man, yet none of his millions he had nor future royalties will benefit those he likely would have preferred to benefit. Plus, the estate will shell out much more than anyone would want to pay in estate taxes.
Your children and family will be far happier if you take care of this before you die – and there’s no doubt it will bring you piece of mind, too. Read More
Under Kentucky law, a person who is injured on the job is entitled to benefits such as temporary and permanent disability payments and medical expenses. Usually, these benefits are less than what the worker would have received in a negligence case against someone other than his or her employer.
Thus, an employee who is hurt at work may wish to file a personal injury lawsuit against a third party whose negligence contributed to an injury at work. Of course, the third party has an incentive to assign as much fault as possible to the employer, even though the employer is immune from liability in the negligence case. Read More
By Kyle Roby, Attorney and Partner
English, Lucas, Priest and Owsley, LLP
Would you consider an ATV – an all-terrain vehicle – a motor vehicle? Kentucky law and some insurance companies do not – and that’s what the case we recently won for a client concluded, to the client’s benefit.
The client, Thomas Robertson, was driving an ATV on a public roadway in Metcalfe County. Stacy Morgan was driving a vehicle on the same road, and as she attempted to pass Robertson, he turned left, and she collided with his ATV.
Both were injured in the accident. Robertson did not have insurance, but Morgan did. Robertson, driving the ATV, sought Basic Reparations Benefits (BRBs) from the insurance company that insured Morgan’s vehicle. Under the terms of Morgan’s insurance, Robertson was considered to be a pedestrian, and pedestrians are entitled to basic reparations benefits. Read More
