RES IPSA LOQUITUR Res ipsa loquitur: [Latin - “the thing speaks for itself”]. 1. Torts. The doctrine providing that, in some circumstances, the mere fact of an accident’s occurrence raises an inference of negligence so as to establish a prima facie case. (Often shortened to res ipsa.) Black’s Law Dictionary, 7th Edition It is a fact that accidents happen. In a personal injury lawsuit, in … [Read more...]
D.U.I. OFFENSE
D.U.I. OFFENSE D.U.I Offense in Tennessee, it is illegal for a person to drive or be in control of an automobile or any motor-driven vehicle (which includes golf carts, tractors and motorized scooters) on any public road, highway, street, alley, parking lot, or any other premises frequented by the public while under the influence of any intoxicant (including both illegal drugs and … [Read more...]
VICTIM COMPENSATION FUND
VICTIM COMPENSATION FUND – STATE OF TENNESSEE Victims injured as the result of a criminal act can file for payment or reimbursement of their out-of-pocket medical and/or mental health bills. In some cases, the victim compensation fund will reimburse for unpaid lost wages. The Criminal Injuries Compensation Fund ("Fund") provides financial assistance to crime victims through two programs … [Read more...]
PERMANENT DISABILITY
PERSONAL INJURY – PERMANENT DISABILITY Ballentine's Law Dictionary defines a permanent disability is one that "will remain with a person throughout" his or her lifetime, or he or she will not recover, or "that in all possibility, will continue indefinitely." Unfortunately, permanent disabilities from accidents happen far too often. Determining the extent of the injury is very important in … [Read more...]
PERSONAL INJURY –WHAT IS COMPARATIVE FAULT
PERSONAL INJURY –WHAT IS COMPARATIVE FAULT (NEGLIGENCE) Comparative Fault (Negligence): A doctrine of tort (personal injury) law which permits the plaintiff and the defendant and others to compare their liability for the accident. It allows proportionate recovery if both the plaintiff and defendant were at fault and thereby contributed to the cause of the injury. There are two categories of … [Read more...]
Dangers Of Being A GOOD SAMARATIN
GOOD SAMARITAN ACT Dangers of being a good Samaratin-Suppose you are driving down a lonely highway – you appear to be the only vehicle in sight for miles. You top a slight hill and there it is – a head on collision involving a tractor-trailer and a mini-van full of children. Apparently this has just happened as the smoke is still emitting from the engines. You pull over on the side of the … [Read more...]
DOMESTIC VIOLENCE (ASSAULT)
DOMESTIC VIOLENCE (ASSAULT) FACT: Acts of domestic violence occur every 15 to 18 seconds in the United States. Domestic Assault is an assault committed against an adult or child as follows: Current or former spouses, cohabitants (dating or sexual partners), blood or adoptive relatives, current or former relatives by marriage, adult or minor children of the aforementioned … [Read more...]
WHEN IN AN AUTO ACCIDENT
WHEN IN AN AUTO ACCIDENT When in an auto accident-DO NOT: • Leave the scene of the accident. • Try to move any injured person. • Lose your temper. • Take the blame for the accident. Simply be truthful and explain to the officer your version of how the accident occurred, keeping in mind that any statement made by you is an admission by you and admissible in court and will likely be written … [Read more...]
“BLOODY 98” MOBILE COUNTY, ALABAMA
“BLOODY 98” MOBILE COUNTY, ALABAMA CLAIMS ANOTHER LIFE The section of Highway 98 near Semmes, Alabama (commonly known as “Bloody 98” among local residents), has claimed another life. A three vehicle crash involving a minivan and two 18-wheelers claimed the life of 32 year old Steven Joseph Rich of Lucedale, Mississippi … [Read more...]
INJURY CASE -LOSS OF CONSORTIUM
PERSONAL INJURY – LOSS OF CONSORTIUM Loss of Consortium – Consists of several elements, encompassing not only material services, but such intangibles as society, guidance, companionship and sexual relations. Black’s Law Dictionary, Sixth Edition. Damages in a personal injury case are usually clear cut. It is easy to see on paper how much a person has spent on medical bills or the amount of … [Read more...]