Kingsport's Commercial Litigation and Personal Injury Lawyer

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Personal Injury

Personal Injury

Vehicle Accidents:

Legal claims that arise from vehicle accidents are typically governed by the law of negligence. Any individual who negligently operates a motor vehicle may be required to pay damages to an injured victim. A personal injury case involving a vehicle accident may become formalized through civil court proceedings, or may be resolved through an informal settlement before a lawsuit is filed. Vehicle accidents can include aviation accidents, car accidents, boating accidents, motorcycle accidents, semi tractor trailer accidents, school bus accidents, train accidents and truck accidents, to name a few. The surviving family members of a fatally injured accident victim may be able to bring wrongful death charges against the defendant.

William T. Wray, Jr. and Susan E. Hurst have years of experience and a successful track record representing clients who have suffered significant injuries in motor vehicle accidents of all kinds. Attorney Wray works closely with doctors and other health care providers to discuss the short and long-term medical consequences of an injury. Mr. Wray possesses detailed knowledge of Tennessee’s automobile insurance and liability laws and understands the different sources of recovery available to car accident victims and their families.

 


 

Bicycle Accidents:

According to the Federal Highway Administration, over 67,000 cyclists in the U.S. are injured every year in accidents involving motor vehicles. Many cyclists who are injured in bicycle accidents are unaware that they have a personal injury case, and that they may be entitled to compensation for injuries, pain and suffering, medical bills and lost income.

Damages awarded in a bicycle injury claim can include:

  • Compensation for an injury sustained while bicycling due to a pothole, poor road or defective sidewalk
  • State-mandated residential and commercial bicycle laws, which entitle bikers to observe different traffic rules than cars, trucks and other motorized vehicles. This may mean that a biker is not legally responsible for an accident.

 


 

Medical Malpractice:

Medical malpractice is the failure of a health care provider to follow the accepted standards of practice of his or her profession in the community where the service is rendered. If a physician was careless, lacked proper skills, or disregarded standardized rules resulting in injury to a patient, a jury may find the health care provider liable for negligence. Hospitals can also be held liable for the negligence of their employees, including staff nurses and technicians.

Examples of Medical Malpractice include:

  • Failing to diagnose a tumor while reading an x-ray
  • Puncturing a nearby organ or tissue during surgery
  • Failing to order necessary and appropriate medical tests
  • Failing to diagnose a condition in time to treat it properly
  • Failing to refer a case to a medical specialist
  • Prescribing incorrect medication
  • Birth Injury
  • Incorrect diagnosis that results in a failure to treat a medical condition
  • Failing to properly administer anesthesia
  • Emergency room negligence

 


 

Dog/Animal Bites:

Every year, millions of Americans are bitten by animals. Being attacked by a dog is an extremely stressful event. Many dog bite injuries leave scars and lasting emotional effects. In the State of Tennessee, the owner or keeper of a dog is strictly liable for his or her dog, even if it is the first time the dog has injured someone. As long as the injured victim was not trespassing, teasing or tormenting the dog, the keeper or owner of the dog is liable for any injuries sustained. Compensation for a dog bite can include payment for medical bills, pain and suffering, mental anxiety, fear and scarring.


 

Defective Products:

Products liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer. Products liability cases may include defective or poorly designed machinery, tools, motor vehicle defects, recreational products, pharmaceuticals, and other defective products and equipment. A person injured by a defective or dangerous product may be eligible to file a lawsuit for products liability, and recover damages under one of the following categories: strict products liability, negligence, or breach of warranty.

 


 

Slip and Fall/Premises Liability:

Slip and fall accidents can cause serious injury, although they often are not taken seriously. An injury causing fall on another person’s property due to unsafe conditions may be eligible for financial compensation. Property owners are responsible for keeping their premises safe and must warn visitors of potential non-obvious hazards. For example, if fluids are left on the floor of a store for an unreasonable amount of time or there is no effort to clean the floor after notice of the condition, the owner may be legally liable for a slip and fall injury occurring in that location.

Most slip and falls happen in commercial settings, including grocery stores, drug stores, office buildings, construction sites, gas stations and malls. These accidents may also happen on private property. Either way, there exist duties on the part of the property owners to maintain the property responsibly and avoid the existence of dangerous conditions.

 


 

Wrongful Death:

Wrongful death law is the area of law that seeks to provide financial compensation to the family of a person whose death was caused by the negligent, willful, or wrongful act or omission of another. In addition to receiving compensation for wrongful death, the family of the deceased may be able to recover damages for personal injury to the decedent, anticipated earnings until the expected time of retirement, as well as medical bills, funeral costs and other related expenses.


 

Commercial Litigation:

commercial-litigation-lawyer

Commercial litigation takes in any type of litigation or controversy related to the conduct of business. The term is a broad one, and covers every type of dispute a business might find itself involved in. Examples of areas included under the general term “commercial litigation” include:

  • Debt collections
  • Bankruptcy matters
  • Contract disputes
  • Shareholder litigation
  • Antitrust actions
  • Consumer fraud allegations

The list is not a complete list of the types of actions covered under the heading commercial litigation, but it will give an idea of the broad scope of the term. It will also give an idea of how commercial litigation matters can range from relatively simple, uncomplicated matters, to highly complex matters that could take several years to resolve. Litigation that is handled improperly could lead to additional unnecessary expense for you and your business. There is not only the expense entailed in losing your case, but there is the added cost of needless delays, caused by work done poorly.

 


 

Mediation:

 

 

 

 

 

 

 

 

Mediation is an activity in which a neutral third party, the mediator, assists two or more parties in order to help them achieve an agreement, with concrete effects, on a matter of common interest. Mediation does not have a set structure or methods, although some common elements exist:

  • Clarification of the respective interests and objectives
  • Conversion of respective subjective evaluations into more objective values
  • Representation to the parties of a collection of possible solutions
  • Translation of the result of discussions into a draft of agreement (perhaps in written form)
  • Formalization of the agreement.