Probable Cause: the standard by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal. The standard also applies to personal or property searches. www.wikipedia.com Probable cause is a level of reasonable belief, based on facts that are required to sue a person in civil court or to arrest and prosecute a person in criminal court. Before a person can … [Read more...]
ROAD RAGE
Road rage is aggressive or angry behavior by a driver of an automobile or other road vehicle which includes rude gestures, verbal insults, physical threats or dangerous driving methods targeted toward another driver in an effort to intimidate or release frustration. Road rage can lead to altercations, assaults and collisions that result in serious physical injuries or even death. The … [Read more...]
RES IPSA LOQUITUR
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...]
PERSONAL INJURY LAWSUIT IN A NUTSHELL
PERSONAL INJURY LAWSUIT IN A NUTSHELL Personal Injury: A legal term for an injury to the body, mind or emotions, as opposed to an injury to property. https://en.wikipedia.org Personal injury claims are broken down into different categories such as car accidents, accidents at work, accidents that happen at a home (premises liability) and product defects (product liability). These cases … [Read more...]
JONES ACT A/K/A MARITIME LAW
JONES ACT A/K/A MARITIME LAW The Merchant Marine Act (commonly known as the Jones Act A/K/A Maritime Law was enacted in 1920 (46 U.S.C.A. § 688) to provide a remedy to sailors (the right to sue their employers) for injuries or death resulting from the negligence of an owner, a master or a fellow sailor of a vessel. No matter how or why a sailor (seaman) was injured, certain medical and living … [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...]