Posts by Rocky McElhaney
Can I Get a Second Opinion in My Workers’ Compensation Case?
Raise your hand if you’ve said or thought any of the following during your workers compensation claim: My doctor isn’t listening to me. The doctor says there’s nothing more he can do, but I’m still in pain. I don’t trust my doctor and more because (fill in the blank). The insurance company’s Nurse Case Manager…
Read MoreThey sued for how much??? What the amount sued for really means.
Every day, the news details how a plaintiff has sued a defendant for ___ million dollars. Typically, whatever number goes in the blank sounds absurd when compared to the facts of the case as presented on the news. So what’s really going on here? Are the plaintiffs (or their lawyers) crazy and greedy? The short…
Read MoreStop, Look And Listen Before You Go Over An Unprotected Railroad Crossing
Tennessee residents are well aware that many unprotected railroad crossings exist across the state. With an extensive network of rail routes traversing urban areas as well as the countryside, the potential for auto/train collisions at these rail crossings is probably greater than you think. The Federal Railroad Administration (FRA) is an agency of the U.S.…
Read MoreWrongful Death Proceeds – Who gets the money?
Here at Rocky McElhaney Law Firm, we recently resolved two wrongful death claims. Both were tragic stories, and the way the law directs us to divide up the money struck me as very interesting given that they both resolved around the same time. One involved an 18 year-old young man and the other involved a…
Read MorePremises Liability and Notice in Tennessee
In December of 2010, we obtained one of the largest jury verdicts recorded in Davidson County for a premises liability case. A premises liability case holds the owner of the property responsible for dangerous conditions that exist on the property that the property owner either knew, or should have known about and failed to fix…
Read MoreInjuries at the Carnival are not Amusing – The Dangers of Amusement Park Rides
Last week there was a serious incident at a state fair. According to local news reports out of the North Carolina Star Fair, on Thursday night a ride called “The Vortex” was tampered with, causing serious injuries to at least five people. According to a description of the Vortex, the main arm is hydraulically lifted…
Read MoreProving Your Brain Injury Case Part 2: Teaching the Jury What It Means for You and Your Family
In Part 1 of this series about brain injury cases, I addressed the differences between traumatic brain injuries and anoxic/hypoxic brain injuries and how we can use expert witnesses and other resources to teach the jury about these mechanisms of injury. In today’s post, I am going to lay out how we teach the jury…
Read MoreWhat Kind of Damages are Recoverable in a Wrongful Death Case?
Tennessee was one of the earliest states to enact a law that allows survivors to bring a lawsuit when one of their loved ones died as the result of the wrongful act of another. As early as 1836, the Tennessee legislature enacted a law that allowed the lawsuits of deceased to survive their death. (1836 Tenn.…
Read MoreCalling All Scooter Owners in Tennessee: What You Need To Know Before You Hit the Road
Just recently, a Hendersonville, Tennessee man was tragically killed when his scooter collided with a vehicle that turned in front of him. Terrible accidents like this remind us that as the scooter and moped populations rise in Middle-Tennessee, we must be more alert when driving. We must educate ourselves about the law’s requirements for these…
Read MoreSigns of an Unsafe Daycare Center
Most families require two incomes to pay the bills and live comfortably. When you have young children, finding adequate childcare can be a difficult process. Every parent’s number one priority is the safety, wellness and happiness of his or her children. When you are searching for a day care center, be diligent about the facility…
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