“I would give them a rating of good,” Francendese told reporters. “I’m kind of a taskmaster, so I wouldn’t give them an excellent, but I am pleased that the rate has gone from 2,500 cubic yards (of coal ash) a day to 15,000 cubic yards.”

Francendese said the goal is to finish the cleanup of coal ash from the Emory River by spring 2010. Then, operations would shift to cleaning up coal ash from land, which will probably take three to four years, he said.

Steve McCracken, TVA general manager for the Kingston cleanup, said TVA is on track to meet those goals.

“By spring 2010 we should be finished with the Emory River, and then we will start with the Swan Pond area,” he said. “We intend to clean up the Swan Pond embayment to the way it was before.”

Source: Knoxville News-Sentinel

This incident is a perfect example of how sometimes accidents just find us. Thankfully the clean up effort is going successfully and we can only hope that the people affected can be compensated in a fair manner.

Do you have a Knoxville personal injury case you would like to discuss with an attorney? Call us today to set up a free consultation.

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At the other end of the scale – last in happiness – is New York state.

As if to illustrate the problem, residents attending a meeting Wednesday in rural Queensbury unleashed their anger and cynicism at a state government they described as corrupt, self-dealing and too quick to increase taxes. It was a tirade that had one lifelong resident saying he was ready to flee “this stinkin’ state.”

Oswald suggested the long commutes, congestion and high prices around New York City account for some of the unhappiness.

Tennessee really is a great state and it’s easy to see why we are relatively happier compared with other states.

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In 2007, there were 5,104 deer-related crashes, including 257 that involved injuries and one that was fatal; in 2006, it was 5,839. Since 2003, deer-related crashes in Tennessee have risen almost 17 percent.

There were 578 deer versus car crashes in October 2007 and 870 in November. Deer-hunting season begins in November, which is the worst month for deer-related crashes.

The Tennessee Highway Patrol also warns motorists not to overcorrect to avoid a deer because that could lead to serious accidents.

“It’s amazing even at 40, 50 miles per hour what a 200-pound deer can do to a car,” said Lt. Tony Barham, adding that striking the animal can total one’s vehicle.

The four teens had been to Crossville to see a movie and were on their way back home, the trooper said. In the westbound lanes just east of Monterey, a tractor trailer truck was traveling in the left lane alongside the Ford SUV. The truck driver attempted to enter the right lane, and that forced Matthew Harris to swerve over off the road to avoid being hit, and the truck traveled on, the trooper said. “The truck had given a signal that he was moving over, and Matthew Harris blew his horn, but had to move to the side to keep from being hit,” the trooper said. The Ford SUV may have been in the trucker’s blind spot, Trooper Bilbrey said.

After moving over, the Ford SUV hit the guardrail, then bounced back onto the highway and struck another tractor trailer truck which had been traveling right behind the Ford, the trooper said. “That second truck swerved trying to keep from hitting Matt’s SUV, but there was a collision, and Lindsey A. Toft was ejected through the back window.” The two girls in the back seat were not using seatbelts, the trooper said.

This tragedy should never have happened. Hopefully the driver of the 18-wheeler will be located and help responsible in an appropriate manner. We wish the victims and their families the best.

Have you or a loved one been injured in a Tennessee tractor trailer accident? If so, call us today to set up a free consultation. We represent clients throughout the state for many types of injury cases. Call us today so we can help you.

A man faces two federal misdemeanor charges in a summer crash that killed two people inside the Great Smoky Mountains National Park, authorities said today.

Clyde L. Grubbs, 74, of Cincinnati was driving south on Newfound Gap Road on Aug. 19 when his Oldsmobile Bravado sport utility vehicle crossed the center line, sideswiped a Mercury sedan and hit a Harley-Davidson motorcycle head-on, park officials said. The Mercury’s driver wasn’t hurt, but the motorcycle’s riders, Charles and Diane Bolt, both 55 and from Belton, S.C., died.

Have you or a loved one been injured in an accident? Call us today to discuss your Knoxville personal injury case at no charge. We can help!

A “dramatic” increase in the number of plaintiffs seeking medical monitoring would have a number of negative consequences, the authors argue.

Among them would be an adjustment of the statute of limitations, which begins running when a personal injury is found. If there is no injury, the statute would have to be altered.

Also, large medical monitoring awards like the one in a West Virginia case against DuPont could prevent some businesses from having the funds to pay personal injury plaintiffs if they do cause them harm.

A Kentucky decision says, “(s)pending large amounts of money to satisfy medical monitoring judgments will impair (Defendants’) ability to fully compensate victims who emerge years later with actual injuries that require immediate attention.”

The paper notes the reputations of some Illinois counties, such as Madison, that were termed “Judicial Hellholes” by the American Tort Reform Association. Madison County has been seen as a haven for asbestos claims because of its ability to deal with them quickly.

This is an interesting debate that is happening all over the country. There can be short term benefits to injury victims, but at long term costs to those same victims. The answer is hard to pinpoint but it may involve extending the statute of limitations in cases of medical monitoring and maybe other reforms as well.

Baker was using a seat belt and was injured in the crash, Mabe noted. Baker was transported to the University of Tennessee Medical Center where he was listed this morning in stable condition.

Mabe’s report states alcohol and drugs were not involved in the crash. Source: Knoxville News Sentinel

Best wishes to those grieving the three lives lost and to Bradley Baker for a speedy recovery.

The two plaintiffs in Armes v. TVA are seeking compensatory damages up to $10 million and punitive damages up to $20 million. The two plaintiffs in Wallace v. TVA are seeking up to $600,000 in compensatory damages and up to $1 million in punitive damages.

Plaintiffs in the other four cases are seeking unspecified damages.

Most of the lawsuits allege that TVA’s negligence led to the spill. TVA is countering that its status as an entity of the federal government shields it from the claims. TVA has hired the firm Shook, Hardy and Bacon of Kansas City, Mo., to work with its in-house counsel on the lawsuits.

The spill has no doubt affected these and other families greatly, not to mention the health risks posed by the coal ash that has now been introduced into area drinking and agricultural water sources.

Have you been affected by the TVA coal ash spill? If so, call us today to discuss your case free of charge. We’ll go over your options and offer you advice on how to pursue your case. Call us today!

Have you been injured in some way due to someone else’s negligence? If so, call us about your Knoxville personal injury case for a free consultation. We’re the attorneys who care.

The News-Sentinel reports no other injuries. An investigator was on scene this morning to determine what started the fire.

The vehicle was developed in response to plummeting interest rates.

Whereas personal injury victims would have traditionally parked their pay-out in a cash deposit or a Court of Protection Special Account, both now offer just 0.5 per cent annual growth.

In the case of the Court of Protection account, this was cut from 6 per cent at the start of the year.

7IM said victims of personal injury were not “ordinary investors” and their complex financial needs were rarely catered for by standard investment products.

There was a danger IFAs may be tempted to put such clients into riskier equity-based portfolios in an attempt to beat cash returns, the firm said.

The 7IM Personal Injury fund will look to achieve its Libor-plus return with less volatility than the market.

As a way to address this issue, a personal injury cash advance program allows plaintiffs to borrow money against future settlements. Of course the amount would depend on your case and what the likely payout will be, but if you need a way to make ends meet in the interim, this could be your best option if you can’t get help elsewhere such as friends and family.

Most of the time, personal injury victims have limited options: they could borrow from the bank, but the bank expects a monthly payment on a cash loan; they could max our their credit cards, but still, a check needs to be sent every four weeks to cover the costs; they could get a cash loan from friends and family, but that has the capacity to strain long-formed relationships. When there is no money to make monthly payments, plaintiff’s with personal injury suits lapse into a crisis situation where a cash loan is essential!

When a personal injury cash loan is needed, help is available. By taking a personal injury cash loan against their personal injury lawsuit, plaintiffs can ease the strain of financial burden and not be out of pocket with money they don’t yet have! Best of all, the cash loan is non-recourse. If the plaintiff doesn’t win their personal injury lawsuit, they don’t have to pay anything back.

Source: Oasis

If you have questions about your own case, call us today and we’ll go to work for you. We are the injury attorneys in Knoxville who care.

Rather than go with these minimums, it’s highly advisable to get an increased amount of insurance in all categories to protect yourself financially. The risk you run is facing a lawsuit from the other party to cover their medical bills if your insurance limits are not high enough. This insurance article explains more:

When it comes to Tennessee car insurance, the state law for Tennessee requires a minimum coverage of $25,000 for Bodily Injury Liability per injured person. It also requires up to a maximum of $50,000 per accident. The minimum state requirement for Property Damage Liability coverage is $10,000. This type of coverage is generally referred to as 25/50/10 coverage.

What happens if you don’t get car insurance in Tennessee? Law enforcement officers will ask you for proof of insurance at the time of traffic stops or accidents. Insurance companies notify the department of motor vehicles of all policy cancellations, non-renewals, and new policies. If this is the case with you, the law enforcement officer will know it and it could cause you huge fines or worse. Failure to maintain proper insurance could lead to the suspension of your vehicle registration and/or driver license. This can be expensive to the vehicle owner. Be sure that you follow the Tennessee car insurance laws!

Have you been injured in an accident? Need help getting fair compensation? Call the personal injury lawyers Knoxville trusts. Get a free consultation with a lawyer to discuss your case.

It’s a serious legal issue for any healthcare professional who acts against the wishes of a parent and gives a vaccination without consent. Richard Gurfein explains:

According to recent media reports, school nurses mistakenly gave the swine flu vaccine to two students whose parents didn’t sign up for it, including a Brooklyn girl with epilepsy who wound up in the hospital after getting the shot.

“Any unlawful touching,” Gurfein explained, “or unauthorized administration of medical care not in an emergency situation is a battery, a legal term for an assault. A school district cannot unilaterally administer vaccinations without parental consent, in writing.”

Gurfein explained that on the issue of liability, it wouldn’t matter if the child got sick or not from the vaccination.

“If there is a battery,” Gurfein said (medicine given to a child without an emergency situation, or parental consent), “by law the child is entitled to compensatory damages.”

Of course there is also the usual amusing name-calling in which highly-trained lawyers seem to specialize and without which no legal tussle would be complete.

Robert Habush said of Cannon’s strategy said “… if Bill Cannon thinks this is a correct way to do business he needs to have his moral compass taken to the repair shop.”

We are not sure how you repair a moral compass, but we suspect it requires more than WD40.

William Cannon, the founding partner of Cannon & Dunphy, spat back saying that Habush was free to do the same thing if he “… weren’t too cheap to bid on his own name.”

Source: The Tech Generation

But sometimes they step over the line and cross into ‘stalking’ territory. Where is the line for a PI? It’s not easy to tell. Colleen Collins talks about this issue and says:

Surveillance is a critical skill for any private investigator (PI). In our investigative agency, over half our cases, from criminal defense to personal injury, require some degree of surveillance. For PIs who specialize in insurance or infidelity investigations, surveillance can be the bulk of their work.

Sometimes the issue arises of when legal, permitted surveillance crosses the line into stalking. A rule of thumb is to analyze one’s motive for conducting surveillance. If the performed surveillance serves a purpose for obtaining information that PIs usually obtain, courts will generally uphold rigorous surveillance.

Below are two separate case examples, the first where a state court found that a PI’s actions were stalking, the second where a state court found that the PI’s surveillance was in the course of legitimate investigative activities.

Recently Texas filed suit as well. But the claim was rejected by the Court. This is a separate claim that does not affect the original settlement Merck paid out to those hurt by the drug.

Have you been injured in some way? You could be entitled to damages for your suffering. Call us today to get more information about your rights.

In legal trials establishing a foundation means asking the expert on the witness stand to state his or her credentials and background and give factual reasons why he or she is qualified to be a medical expert witness. The same holds true in a personal injury case. In a personal injury case the two sides will discuss the severity of the injury and the long term consequences of the injury.

The plaintiff’s side will have an expert that will say the injuries are severe and the long term consequences will be dire. Whereas the defendant will present a witness who will say the injury may or may not be as severe as the plaintiff claims but the long term consequences will not be as dire as the plaintiff wants the jury to believe. This is not to say the medical experts weigh their testimony in favor of one side or the other.

Source: http://www.attorneymarketingnetwork.com/medical-experts-qualified-for-witness-can-make-or-break-a-case/

In a related post, an injury attorney in San Francisco talks about his success with using Scholar and why he’s excited about moving forward with it.

Have you suffered an injury? Are you looking for an injury attorney in Knoxville? Call us today for a free consultation about your case.

Read the full story here.

Source: http://www.jsonline.com/news/milwaukee/70430797.html

“Someone looking for a personal injury lawyer in the Milwaukee area might easily type the names Habush and Rottier into an Internet search engine.

Habush, Habush & Rottier, one of the state’s oldest and largest law firms specializing in personal injury cases, has had many publicized successes and advertises a lot.

But the first result most major search engines return is for a Habush competitor – Cannon & Dunphy.

On Wednesday, Robert Habush, Daniel Rottier and their law firm sued William Cannon, Patrick Dunphy and their Brookfield law firm, asking that a court halt the defendants’ use of paid-for keywords Habush and Rottier to direct searchers to the Cannon & Dunphy Web site.

It appears to be a first-of-its kind claim in the increasingly competitive and sophisticated world of search engine advertising.”

Can’t we all just get along? It’s difficult to say who will win out on this one.

Have you suffered from some type of injury caused by someone else’s negligence? Let us help you get the compensation you deserve. Call the Knoxville personal injury attorneys who care.

The best way to deter bad behavior is to attach serious penalties to it. Have you or a loved one been injured in a Knoxville car accident or from someone else’s negligence? Call us today to discuss your case at no cost.

Regardless, the tragedy cannot be undone. The article goes on to say:

“Motor vehicle accidents victimize the lives of our loved ones every day. Accidents that result in injuries such as broken bones, amputations, paralysis or death, are debilitating and require the utmost attention to recuperate and recover damages for your tragic loss.”

“Compensatory damages serve the specific purpose of reimbursing the victim for all monetary and non-monetary losses he or she may have suffered. Sometimes, they are known as “actual” damages because they serve the purpose of righting all actual harm done – physically, emotionally, and financially.

Punitive damages differ from compensatory damages in that they do not serve to reimburse the victim for any losses he or she may have suffered. Instead, this form of compensation acts to reform the party at fault so that he or she does not take the same, dangerous course of action in the future. Typically, this form of compensation is only awarded when the offender has acted in a particularly offensive manner. Therefore, punitive damages are not awarded in every successful personal injury case.”

The key to success in an injury case is to work with an experienced and well-known personal injury attorney in Knoxville. Get the right people on your side to give you the best chance to succeed. Call us today for a free consultation.

It’s known as a silent killer because it’s odorless, tasteless, invisible, and the symptoms are easily attributed to sickness. It causes more than 500 deaths annually in the U.S. The reason it’s so deadly is because it replaces the oxygen in your blood stream and makes it impossible for your body to function. It can also cause permanent brain damage.

Poisoning could happen at home or at work. If you’ve been a victim of carbon monoxide poisoning, call the personal injury attorney Knoxville trusts for a free consultation about your case.

Here’s an excerpt from a great article that describes what it is and how to detect it:

“Although all people and animals can be injured or killed by the gas, those who are most at risk include unborn children, infants, senior citizens, and those with respiratory problems, heart conditions, or anemia.

Where does carbon monoxide come from?

The gas can come from a variety of sources found around the home, including:

• Charcoal grills
• Heating units
• Gas-fueled appliances
• Wood-burning fireplaces
• Vehicle exhaust systems
• Camping stoves

What are the symptoms of exposure?

At low levels of exposure, symptoms of CO poisoning include:

• Dizziness
• Headaches
• Confusion
• Fatigue
• Disorientation
• Nausea

At higher levels of exposure, a person may lose consciousness or die.”

To protect yourself, get detectors installed in your house and at work. Read the full article here.