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The Statute of Limitations is ONE YEAR: Statutes of Repose: $750,000 Cap on Noneconomic Damages: Comparative Fault: Liability Insurance is Not Discoverable in State Courts: UM/UIM Coverage (policies issued in TN): Products Liability: Premises Liability: Medical Malpractice (Health Care Liability): Governmental Tort Liability: Wrongful Death: Punitive Damages: Miscellaneous: Have you been injured by a truck…

Georgia’s modified comparative negligence system was radically altered by the tort reform legislation enacted in 2005. The legislation was rammed through the General Assembly so fast there was none of the usual vetting by the judiciary committees and the resulting laws, effective February 16, 2005, were poorly drafted and procedurally confusing. Until 2005, apportionment of…

Trial lawyers in Tennessee have now had over twenty years of experience with allocation of fault and the resulting apportionment of damages in tort cases since McIntyre v. Balentine, 833 S.W.2d 52 (1992). The lessons learned can be helpful to in Georgia where the courts are struggling with interpretation and implementation of O.C.G.A. § 51-12-33,…

Ahlborn has been brought back to life by Congress. The Bipartisan Budget Act (BBA) of 2018, just passed by Congress and signed into law by the President on February 9th, permanently repeals a provision from 2013 that would have allowed states to recover medical expense subrogation claims from any portion of a Medicaid beneficiary’s legal…

Advocates for Highway and Auto Safety, an alliance of consumer, medical, public health, and safety groups and insurance companies and agents, recently released its 15th annual Roadmap of State Highway Safety Laws, detailing which states have optimal traffic safety laws and which laws need to be enacted. The organization’s stated mission is the adoption of…

As of October 1, 2017, the Centers for Medicare and Medicaid (CMS) has implemented a new policy regarding Medicare Secondary Payer (MSP) reimbursements and what are known as liability Medicare set-asides or LMSA’s. At the request of CMS, the Medicare Administrative Contractor will begin to track the existence of any LMSA’s related to a claim…

Plaintiff, Norma O’Neal, was interviewed for an article entitled “Christmas tree fires rare but destructive” which appeared on the front page of the Chattanooga Times Free Press on Saturday, December 17, 2011. Norma has only a small artifical Christmas tree on the table in her rental house this year, but it is the first Christmas…