Articles Posted in Personal Injury

Why Trial Experience Matters in Truck Accident and Personal Injury Cases
The Hamilton Firm

Most personal injury cases settle before reaching a jury. However, the amount an insurance company is willing to pay often depends on one critical factor: whether the lawyer representing the injured person has the experience and willingness to take the case all the way to trial. Insurance companies and their lawyers evaluate risk every day.…

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What We Handle
The Hamilton Firm

The Hamilton Firm is here to help those that are seriously injured as the result of the negligence of others. Many of our cases involve commercial motor vehicle crashes resulting a catastrophic injuries. We also handle car wreck claims, pedestrian injuries, bike wrecks, motorcycle wrecks, premises liability, rideshare cases involving Uber and Lyft, sexual assault…

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What happens when a defendant dies after he/she has been served in Tennessee
The Hamilton Firm

If a defendant in a pending personal injury action dies during litigation in Tennessee, a substitution must be made for the deceased defendant.  The lawsuit does not abate if a party dies, but continues against the deceased party’s personal representative. T.C.A. §20-5-103.     The substitution of the party is controlled by Rule 25.01 T.R.C.P.   Either…

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Over the past few months, Patrick Cruise has secured the following recoveries for his very deserving clients:
The Hamilton Firm

Big or small, we give your case the personal touch and ensure you receive fair and reasonable compensation for your injuries. If you have been injured as the result of the negligence of another driver, call The Hamilton Firm for a free consultation. Patrick Cruise is a board certified Truck Wreck Lawyer.

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Landmark Verdict in Social Media Addiction Litigation Signals Shift in Tech Liability
The Hamilton Firm

In a bellwether case, a Los Angeles jury found that Meta, Inc. (Facebook, Instagram) and Google (YouTube) were negligent in the design or operation of their social media platforms. The jury awarded $3 million in compensatory damages, with Meta liable for 70% and Google liable for 30% of the damages. The jury imposed a total…

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Death of Defendant while Action Pending
The Hamilton Firm

If a defendant in a pending personal injury action dies during litigation in Tennessee, a substitution must be made for the deceased defendant.  The lawsuit does not abate if a party dies, but continues against the deceased party’s personal representative. T.C.A. §20-5-103.    The substitution of the party is controlled by Rule 25.01 of the T.R.C.P.…

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Is it Proper to Depose Opposing Counsel?
The Hamilton Firm

A party is forbidden from deposing opposing counsel, except when the party seeking the deposition proves that (1) no other means exist to obtain the information than to depose opposing counsel; (2) the information sought is relevant and nonprivileged; and (3) the information is crucial to the preparation of the case.  Shelton v. Am. Motors…

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Does “The Rule” of Sequestration Apply Before Trial?
The Hamilton Firm

Rule 615, often called simply “The Rule”, is titled “Exclusion of Witnesses”.  “The Rule” is short for The Rule of Sequestration.   Importantly, Rule 615 is found in the Tennessee Rules of Evidence.  The Tennessee Rules of Evidence “govern evidence rulings” and “apply in all trials.”  Tenn. Rules of Evidence 101 and Advisory Commission Comments. Thus,…

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