Articles Posted in Personal Injury

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…

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.

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…

If you’ve been involved in a car wreck in Chattanooga/Hamilton County Tennessee, what you do in the minutes and days afterward can make a major difference in your health, your financial recovery, and your legal case. At The Hamilton Firm, LLC, we help clients: If you or a loved one has been injured in a…

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.…

Per Rule 3.7 of the Tennessee Rules of Professional Responsibility: (a) A lawyer shall not act as an advocate at a trial in which the lawyer is likely to be a necessary witness unless: (1) the testimony relates to an uncontested issue; (2) the testimony relates to the nature and value of legal services rendered…

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…

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,…

Assume you are stopped at a red light. The driver behind you hits your car. You are injured. The police come to the scene and issue a citation to the defendant for following too closely. Is the citation admissible as evidence of negligence if the personal injury case goes to trial? As with many legal…

In Tennessee, “No person shall throw or deposit on any highway any bottle, glass, nails, tacks, wire, cans or any other substance likely to injure any person, animal or vehicle upon the highway.” TCA 55-8-170(a). In addition, “Any person who drops, or permits to be dropped or thrown, upon any highway any destructive or injurious…