Tennessee Injury Law Center : Lawyers for Personal Injury and Wrongful Death : Serving Memphis, Nashville, Knoxville

I came back to my car and found out it was being towed.  I asked the tow truck driver why and he said that it was illegally parked.  I told him it was not and we got into an argument.  He then hit me, breaking my jaw.  Can I sue the tow truck company for this injury? 

Perhaps.  The tow truck company is not responsible for the intentional acts of a tow truck driver, and from the description of the incident it sounds like this was an intentional rather than a negligent injury.

However, an employer can be held to bear some level of responsibility when its employees intentionally cause harm if the employer negligently hired, trained or supervised the employees or negligently failed to fire them if the employer knew or reasonably should have known that the employee presented a risk of injury to members of the public.

Thus, the potential liability of the employer is a very fact-specific question.  An experienced personal injury lawyer can guide you through the process of determining if you have a claim against the tow truck driver's employer.

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I think my brother killed our mother.  She was living alone in the family home and was found murdered.  Because of a history of trouble between our mother and my brother, both my sister and I think he killed her.  Can we sue him?

Under Tennessee law, your brother could be sued for wrongful death even if he has not yet been charged, tried, or convicted of the crime of murder. Murder in criminal law would be “battery” under the civil law, and a civil law suit for battery can be filed even if the criminal charges have not been filed.  Damages that can be sought  for battery include compensatory damages and punitive damages.

In fact, under Tennessee law a person can be found innocent of murder in a criminal case and still be successfully sued for battery arising out of the same incident. Why? Because in a civil wrongful death case the person bringing the lawsuit must only prove the that the defendant killed the decedent by a preponderance of evidence (that is, more likely than not). In a criminal case the State must prove beyond a reasonable doubt that the defendant murdered the decedent. Thus, the criminal court  jury could conclude that the State did not prove what it needed to send the defendant to prison but the civil court jury could conclude that more likely than not the defendant killed the decedent and award damages. 

Any claim you and your sister want to bring for battery must be filed in court within one year from the date your mother first received the injuries that led to her death.  

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I think my brother killed our mother.  She was living alone in the family home and was found murdered.  Because of a history of trouble between our mother and my brother, both my sister and I think he killed her.  Can we sue him?

Under Tennessee law, your brother could be sued for wrongful death even if he has not yet been charged, tried, or convicted of the crime of murder. Murder in criminal law would be “battery” under the civil law, and a civil law suit for battery can be filed even if the criminal charges have not been filed.  Damages that can be sought  for battery include compensatory damages and punitive damages.

In fact, under Tennessee law a person can be found innocent of murder in a criminal case and still be successfully sued for battery arising out of the same incident. Why? Because in a civil wrongful death case the person bringing the lawsuit must only prove the that the defendant killed the decedent by a preponderance of evidence (that is, more likely than not). In a criminal case the State must prove beyond a reasonable doubt that the defendant murdered the decedent. Thus, the criminal court  jury could conclude that the State did not prove what it needed to send the defendant to prison but the civil court jury could conclude that more likely than not the defendant killed the decedent and award damages. 

Any claim you and your sister want to bring for battery must be filed in court within one year from the date your mother first received the injuries that led to her death.  

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I think my brother killed our mother.  She was living alone in the family home and was found murdered.  Because of a history of trouble between our mother and my brother, both my sister and I think he killed her.  Can we sue him?

Under Tennessee law, your brother could be sued for wrongful death even if he has not yet been charged, tried, or convicted of the crime of murder. Murder in criminal law would be “battery” under the civil law, and a civil law suit for battery can be filed even if the criminal charges have not been filed.  Damages that can be sought  for battery include compensatory damages and punitive damages.

In fact, under Tennessee law a person can be found innocent of murder in a criminal case and still be successfully sued for battery arising out of the same incident. Why? Because in a civil wrongful death case the person bringing the lawsuit must only prove the that the defendant killed the decedent by a preponderance of evidence (that is, more likely than not). In a criminal case the State must prove beyond a reasonable doubt that the defendant murdered the decedent. Thus, the criminal court  jury could conclude that the State did not prove what it needed to send the defendant to prison but the civil court jury could conclude that more likely than not the defendant killed the decedent and award damages. 

Any claim you and your sister want to bring for battery must be filed in court within one year from the date your mother first received the injuries that led to her death.  

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 I was raped.  The police found the rapist and he is in jail.  Can I sue him?

 Rape is a crime that will result in prison time but it is also what is known as a "tort." There are many different types of torts, but rape would be the civil tort of battery.  Battery is the unlawful touching of another person. Thus, a rapist can be sued and imprisoned for the same conduct.

The problem with suing rapists is that they may not have money and therefore it will be very difficult to collect the damages you win.  Hopefully, the person who did this to you will be going to prison and therefore will not be earning any real income, but that of course has the practical effect of making it difficult to collect damages from him.

That being said, it makes sense to talk to an experienced personal injury lawyer and let him or her help you determine if you have a case that can be pursued.  Some rapists do have financial resources, and thus it makes economic sense to sue them.  Also, depending on the circumstances, there may be other persons who also share responsibility for the rapist's acts.  In Tennessee you should assume that legal action must be filed against the rapist within one year of the date of the rape unless an experienced lawyer who is aware of all of the facts tells you that you have more time.

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I was raped.  The police found the rapist and he is in jail.  Can I sue him?

Yes.  Rape is a crime that will result in prison time but it is also what is known as a "tort."  There are many different types of torts, but rape would be the civil tort of battery.  Battery is the unlawful touching of another person. 

The problem with suing rapists is that they may not have money and therefore it will be very difficult to collect the damages you win.  Hopefully, the person who did this to you will be going to prison and therefore will not be earning any real income, but that of course has the practical effect of making it difficult to collect damages from him.

That being said, it makes sense to talk to an experienced personal injury lawyer and let him or her help you determine if you have a case that can be pursued.  Depending on the circumstances, there may be other persons who also share responsibility for the rapist's acts.  In Tennessee you should assume that legal action must be filed against the rapist within one year of the date of the rape unless an experienced lawyer who is aware of all of the facts tells you that you have more time.

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I was sexually abused for five years by my step-father, staring when I was 5 years old. I am 18 years old now. Can I sue him for what he did to me?

Yes. Under Tennessee law sexual abuse is the tort of battery and the tort of outrageous conduct. However, you must file suit before your 19^th birthday if you want to seek damages for what happened when you were under the age of 18. The failure to file suit by your 19^th birthday will likely result in a loss of rights for all that happened before you turned 18. Talk to an experienced personal injury lawyer to gain an understanding of whether there are any exceptions in the law that may give you more time to take legal action.

We have represented people who have been victims of sexual abuse. The cases are very sad, but we have found professional satisfaction helping our clients and imposing financial responsibility on the perpetrators of these horrible crimes. One challenging factor in these cases is collecting money from the perpetrator – homeowner’s insurance will not cover this type of act. However, we have been successful identifying assets from which to obtain a settlement in this type of case.

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My wife is suspected of killing her father.  She did not do it, but the police are continuing to investigate the crime and she has been told she is a suspect.  She has not been charged with any crime.  Now, her mother and her sister say they are going to sue her for killing her father.  Can they do that?

Under Tennessee law, your wife could be sued for wrongful death even if she has not yet been charged, tried, or convicted of the crime of murder. Murder in criminal law would be “battery” under the civil law, and a civil law suit for battery can be filed even if the criminal charges have not been filed.  Damages that can be sought  for battery include compensatory damages and punitive damages.

In fact, under Tennessee law a person can be found innocent of murder in a criminal case and still be successfully sued for battery arising out of the same incident. Why? Because in a civil wrongful death case the person bringing the lawsuit must only prove the that the defendant killed the decedent by a preponderance of evidence (that is, more likely than not). In a criminal case the State must prove beyond a reasonable doubt that the defendant murdered the decedent. Thus, the criminal court  jury could conclude that the State did not prove what it needed to send the defendant to prison but the civil court jury could conclude that more likely than not the defendant killed the decedent and award damages.

You may remember that this is what happened in the case involving O.J. Simpson well over a decade ago. The criminal jury acquitted him, but the civil jury found that he murdered Ms. Simpson and Mr. Ronald Goldman and held him liable for damages.

I am sure that your wife has a criminal lawyer helping her through this time. If she does not she should.  

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I just discovered that my daughter was sexually abused by a adult neighbor.  What can I do about it?

First, you should call the police and report that a crime has occurred.  Cooperate fully with the police department.

Second, you should take your child to a doctor for an examination.  Talk to the doctor about counseling for your child.  The police may also have some suggestions for counseling assistance. 

Third, you may wish to consider a lawsuit against the abuser.  Sexual abuse is a form of battery - the unlawful touching of one person by another.  It is what an known as an intentional tort.

Those would commit battery are responsible for the harm they cause.   This includes medical and counseling expenses, disability, pain and suffering, and loss of enjoyment of life, as well as other damages.

It is often difficult to collect money from child sex abusers, although our firm has had success doing so in the past.  An experienced personal injury  lawyer will do an investigation to determine if he or she can help you recover money from the person who harmed your daughter.

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A guy I knew beat me up and broke my leg.  I have missed time from work and have several thousand dollars worth of medical bills.  This happened at his house and I know he has homeowner's insurance.  Can I sue him and get the homeowner's insurance to pay?

The homeowner's insurance company will almost certainly not pay for the harm you suffered.  Almost all (if not all) insurance companies have a provision in the insurance policy saying that they will not pay for acts that are intended by the insured.  Thus, because your leg was broken when the homeowner beat you up (as opposed to falling because a handrail on a stairway broke - an injury probably caused by negligence) - the insurance company will say they are not responsible because the injury was intended by their insured.

You can still sue the guy that beat you up but the problem is trying to collect money from him.  If you win the case you can seize money from his bank accounts, take a portion of his wages over time,  and try to sell his other assets.  However,  many times people who commit such acts don't have assets or even jobs.

Nevertheless, it is wise to discuss this situation with a lawyer and see if there is something about the facts which would make a lawsuit economically feasible under the circumstances.  Most lawyers will not charge you to consult with them about your potential case.

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