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Stop, 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 MoreSafety Procedures, Willful Misconduct and Workers’ Compensation
If you have been injured on the job, you may be entitled to workers’ compensation benefits. The key word is “may.” Just because an individual is injured while at work, does not automatically guarantee them benefits under the Tennessee Workers’ Compensation Act. Tennessee Code Annotated 50-6-110 holds in part that no compensation shall be allowed…
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 MoreInjured Employees of Metro Nashville
If you are injured on the job in Tennessee, most individuals have rights that are protected by and set forth under the Tennessee Workers’ Compensation Act (“the Act”). However, not all Tennessee workers injured on the job are able to seek damages under the Act. One of the most predominant employers that is not subject…
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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