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How to Choose a Lawyer
The Hamilton Firm Team

How Do You Choose the Best Lawyer for Your Case? You probably would not hire your family practice physician or PCP to perform brain surgery, and you probably should not hire a general practice lawyer, or a probate lawyer, tax lawyer or bankruptcy lawyer to handle a serious injury case. Every lawyer licensed in your…

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What Is a “collateral Source” and Why Is the Tennessee Legislature Trying to Changes the Rules?
The Hamilton Firm Team

What is a “collateral source”? It is a source of payment or benefit that is not relevant to issue of legal liability and damages in a personal injury case. For example, an injured person may be covered under a group medical plan at work, or have an individual medical policy that covers some of the…

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What Happens in a Georgia Case If the Plaintiff Settles with One or More Defendants Before Trial?
The Hamilton Firm Team

O.C.G.A. § 51-12-33 (d) (1) states that the “negligence or fault of a nonparty shall be considered if the plaintiff entered into a settlement agreement with the nonparty.” The statute does not address whether the amount of any settlement is admissible or whether the remaining defendants get any credit for settlement funds paid by a…

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Trial Court Should Have Been Reversed for Erroneous Jury Instruction in Fela Case
The Hamilton Firm Team

Plaintiffs usually fare well in FELA cases, which provide compensation for railroad employees injured on the job. Unlike state workers compensation systems, however, which are no-fault systems, under FELA, the plaintiff must prove some negligence on the part of the railroad in causing the injury. In Spencer v. Norfolk Southern Railway Co. 2014 Tenn. LEXIS…

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Tennessee Supreme Court Holds That Wrongful Death Claim Belongs to Surviving Spouse
The Hamilton Firm Team

Although the circumstances were unusual, the Tennessee Supreme has clarified that under Tennessee law a wrongful death claim did not belong to the decedent, but passed to decedent’s husband upon her death, Linda Beard v. James William Branson and Trinity Hospital, L.L.C. The husband had filed a pro se wrongful death malpractice lawsuit shortly before…

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The Trucking Company Lawyers Are Already There, but Who Is There for You?
The Hamilton Firm Team

As soon as a truck wreck happens, the trucking company goes into critical response. If the trucking company and their driver caused a wreck that injures someone, that injured person is not worried about anything other than hoping they are alive. In the meantime, the trucking company is working. Often truck driver is provided with…

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