This is my first ever blog post. However, there will be many more to come. I am an attorney in Brentwood, Tennessee which is a suburb of Nashville. My practice emphasizes the representation of individuals who are injured thru no fault of their own. As lawyers we call these cases by various names. It could be a personal injury case, a tort case, a products liability case, a negligence case. Many names but often the same legal basis.
In law school we call them tort cases. Exactly what is a "tort" anyway? The word tort comes from the Latin "executor de son tort" which literally means "of his own wrong." Thus when someone commits a tort they have done something wrong and injured another person or their property. The basic term is called negligence. The Tennessee Pattern Jury Instruction defines Negligence as
the failure to use ordinary or reasonable care. It is either doing something that a reasonably careful person would not do, or the failure to do something that a reasonably careful person would do, under all of the circumstances in this case. The mere happening of an injury or accident does not, in and of itself, prove negligence.
Thus just because you are injured does not mean someone is responsible. However, that is where the lawyers come in. When representing a person that is injured in a car or tractor trailer wreck, the personal injury lawyer first determines if someone was negligent. To make that determination the attorney looks at the law to determine if a duty existed. Then he considers if that duty was breached and whether the breach caused the injury. Thus, the instruction that the mere happening of an injury does not in and of itself prove anything. More on duty, cause and damages in another post.
Brain Injury Legal Information Guide I am pleased to announce the launching of my new web site, Brain Injury Legal Guide which can be viewed by clicking here . The site is designed to be a resource of those who have questions about brain injury and the legal system...
South Carolina Brain Injury Conference The Brain Injury Alliance of South Carolina (BIASC) and the South Carolina Brain Injury Leadership Council will be having a Statewide Brain Injury Conference on Thursday, May 14- Friday, May 15 at the Columbia Conference Center, located at 169 Laurelhurst Ave...
November Brain Injury Conference Information Several interesting brain injury conferences are scheduled for the remainder of November. They are as follows: November 10-11Brain Injury Business Practice CollegeLas Vegas, NVBrain Injury Association of America November 20TBI Seizures: Myths, Realities and Practicalities (online)Brain Trauma Organization November 21-22Advanced Cognitve Rehabilitation WorkshopLondon, United KingdomBrain Tree November 21-23State of the Art Medical and Rehabilitative Care in Brain InjuryNapa, CACalifornia Brain Injury Association If you have a future brain injury event that you would like me to include in future posts, please email me, brain injury lawyer
How was the morning commute Not so good ... From KCPD: The Kansas City Police Department investigated 55 non-injury accidents and 2 injury accidents during the 7 am to 9 pm morning drive on February 6th. This compares to 16 non-injury and 2 injury accidents at the same time...
Blawg of the Day -- Houston Injury and Accident Law Here's a blog from my own backyard (well, Texas is a big backyard): Houston Injury and Accident Law is published by the firm of Vujasinovic & Beckcom. They're discussing the usual personal injury topics -- car accidents, dangerous drugs, preventing injury to kids, workplace accident and injury claims, wrongful death, and more.
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