Too often, serious injuries and even death are caused by an accident involving a drunk driver. If you or a loved one are suffering from an injury, you may be entitled to damages stemming from a drunk driving crash. And because impaired driving is willfully reckless, you may have the right to receive punitive damages as well.

Punitive damages are a type of compensation that isn’t designed to financially recover from losses, but for other reasons, as we’ll see below. If you or a loved one are suffering from an injury caused by a drunk driver, contact a reputable Tennessee car accident attorney now to learn about your legal rights and whether or not you are eligible to receive compensatory and punitive damages.

What Are Punitive Damages?

A basic tenet of personal injury law is that victims should receive compensation to cover the damages arising from an accident. These expenses include the cost of vehicle repair, medical care, and loss of wages, which are considered “compensatory damages.” By contrast, punitive damages are not designed to indemnify the victim. Rather, the purpose of punitive damages is to punish the defendant for gross negligence and to deter future misconduct.

How Can I Pursue Punitive Damages from a Drunk Driver?

Generally speaking, punitive damages are only awarded when an extreme lack of care is exhibited by the drunk driver. Since drinking and driving is a voluntary choice, victims of drunk driving accidents may be more likely to win punitive damages.

To obtain punitive damages, you must prove that the defendant was legally driving under the influence. Under Tennessee law, if law enforcement finds that a motorist is operating a vehicle with a blood alcohol concentration of .08 or higher, then that driver is guilty of driving while intoxicated (DW).

Also, Tennessee law states that punitive damages may be awarded “if the claimant proves by clear and convincing evidence that the defendant against whom punitive damages are sought acted maliciously, intentionally, fraudulently or recklessly.”

If you are considering pursuing compensatory and/or punitive damages for your injuries, you should contact a skilled personal injury lawyer so they can immediately begin securing evidence. For example, your attorney can obtain police records, interview witnesses, and gather video and photographic evidence, if available. It’s always better to secure evidence soon after an accident while evidence is still accessible and before witnesses’ memories fade.

Get Help from a Tennessee Car Accident Attorney to Sue for Punitive Damages

If you or a loved one has been physically harmed in an auto accident caused by a drunk driver, seek legal help immediately. The attorneys at Bednarz Law have the experience and skills to seek the maximum compensation allowed by law. Our talented Tennessee lawyers have earned a solid reputation for excellence representing our clients in personal injury cases.

Call Bednarz Law at 615-256-0100 or contact us online to schedule a free initial consultation. We’ll answer any questions you may have and give you all the information you need to know to move forward.

Many companies ask clients and customers to sign waivers before they provide a service or allow admission. All too often, people sign these waivers without even reading them, and if they do read them, they may not fully understand the legal jargon included. You may sign a waiver without realizing you are agreeing not to take legal action against the company if you suffer injuries.

After an accident and an injury, you may try to file an insurance claim or a lawsuit against a company, only for the company to defend itself with the signed waiver. Does this waiver really mean that you cannot sue to get compensation for your losses?

Examples of Common Liability Waivers

There are many, many businesses that know that their services come with the risk of injuries. To preemptively protect the company from liability, they have people sign waivers or releases just in case an injury occurs. Some examples of when you may be asked to sign a waiver include:

• Visiting an indoor trampoline park
• Renting a bouncy house
• Signing up for a gym membership
• Visiting an amusement park
• Attending a concert or sporting event
• Going on a cruise ship
• Getting medical care
• Getting a massage or spa treatment
• Participating in recreational sports
• Renting a vehicle or equipment
• Signing your child up for dance, gymnastics, or sports

In most situations, if an activity or service involves any risk of injuries, the company will likely require a waiver before you proceed. Sometimes, you have to sign a waiver. Other times, the waiver is included on a ticket you purchased and, when you present the ticket, you are agreeing to the waiver.

Is a Waiver Always Enforceable?

In Tennessee, companies are allowed to have customers waive their legal rights to file a lawsuit, and a waiver can be a successful defense. However, state courts have prohibited waivers in cases of gross negligence. If the court determines that a company or its agents were grossly negligent, the waiver will not be enforceable, and the company should be liable for any injuries and losses.

Gross negligence is worse conduct than regular negligence, as it involves the following:

• The party acted negligently AND
• The party acted with utter unconcern and reckless disregard for the well-being and safety of other people

Identifying whether gross negligence occurred can be challenging and requires complex legal analysis. Proving gross negligence in court can also be difficult, so you always want to have the right personal injury attorney evaluating and handling your case. When a company causes injuries due to gross negligence, you deserve to receive full compensation, whether you signed a waiver or not.

Consult with a Nashville Personal Injury Lawyer Today for Free

The experienced legal team at Bednarz Law in Nashville knows how to identify when a waiver should be unenforceable. Call 615-256-0100 or contact us online for a free case evaluation and to discuss the ways we can assist you.

Many people are under the mistaken impression that taking a case to trial is a common thing in the legal world. In reality, very few civil cases end up in court, as litigation is expensive and liability is often not seriously in dispute. So, how are these cases resolved? Three alternatives to going to trial are discussed in the material below. All three are invariably cheaper than litigation and allow the parties more control of the outcome, making them an attractive alternative in many cases. For more information or to discuss the specifics of your case, call Bednarz Law today to schedule a free case evaluation with a personal injury attorney in Nashville.

Settlement

Perhaps the most common and straightforward alternative to litigation is settling a case out of court without assistance or intervention from a third party. In other words, the two parties to the case hammer out an agreement in which the defendant will pay the plaintiff a certain amount of money in return for the plaintiff releasing the defendant from any further liability. In theory, the settlement amount is supposed to approximate the amount of compensation the plaintiff would obtain had the case gone to trial.

Mediation

Mediation is a process in which a neutral third party (the mediator) attempts to facilitate a settlement between the two parties. While some states make mediation a mandatory step before going to trial, in Tennessee it is voluntary. Mediation is a more formal process than settlement, but the mediator’s role is not to render a decision but rather to facilitate communication in order to reach an out-of-court agreement. Importantly, if your case goes to arbitration (or to trial, for that matter), you can still pursue settlement negotiations throughout the process.

Arbitration

Arbitration is another alternative to taking a case to trial. In many cases, the parties to a personal injury case are required to pursue arbitration because of an arbitration clause in a contract. In arbitration, the parties present their case to a neutral third-party (the arbitrator) who will then decide the case. Arbitration can be voluntary or mandatory based on your contractual relationship with the other party. In addition, it can be binding or non-binding, meaning that you may or may not appeal the arbitrator’s decision.

Contact Bednarz Law Today to Schedule a Free Case Evaluation with a Nashville Personal Injury Attorney

If you have been injured in an accident, you should have your case reviewed by an experienced attorney – even if you think your case is not going to go to trial. At Bednarz Law, our team of experienced lawyers is committed to helping victims get the full and fair value of their claims, whether that involves a settlement, mediation, arbitration, or taking a case to trial. To schedule a free case evaluation with a personal injury lawyer in Nashville, call our office today at 615-256-0100 or contact us online.

Regardless of the time of year, construction workers are exposed to more hazards on the job than workers in other industries. From large machinery and dangerous equipment, the risk of falling from heights and the potential for other construction accidents is increased during the cold.

During the winter, the hazards presented by cold weather are also something that construction workers have worry about. Here are some common cold weather construction issues:

Slip, Trip, and Falls

While Tennessee might get a reputation as a southern state that’s hot year-round, the truth is that temperatures can drop well below freezing in the state during the winter, even in big cities like Nashville. While snow isn’t as common, precipitation is, and freeze warnings are sometimes issued.

When snow or rain fall, or when ice accumulates, slipperier-than-usual conditions are created. This creates a serious hazard for workers who spend a lot of time outdoors. The risk for a slip and fall accident is increased.

Cold Stress

Cold stress occurs when the body’s skin temperature, and eventually the body’s core temperature, is driven down, leading to potentially serious and even fatal conditions. What temperature might induce cold stress, or how cold is too cold, really depends on the person and the level of cold that they’re used to. In fact, the Occupational Safety and Health Administration (OSHA) explains that in regions that aren’t accustomed to winter weather, near-freezing temperatures can be considered extreme cold.

The risk of cold stress increases when the person’s clothing is wet or damp or when the person is improperly dressed for the weather; when the individual has poor physical conditioning; or when the person has certain predisposing health conditions, such as diabetes or hypothyroidism.

Cold stress can lead to issues like trench foot, frostbite, and hypothermia. The latter is a condition where the heat of the body is being lost faster than it is being replaced, and can be fatal. Frostbite is not fatal, but can cause long-term injury and harm. This condition occurs when the skin and underlying tissues freeze.

Finally, trench foot occurs as a result of prolonged exposure to wet and cold temperatures, but can occur at temperatures well above freezing as well. As a result of lack of oxygen, tissues in the skin begin to die.

Motor Vehicle Accidents

Construction workers rely on vehicles to transport both themselves and construction materials and equipment. When weather conditions are less than ideal, leading to slippery surfaces or impaired visibility, the risk of vehicle accidents increase.

Take Action Following a Workplace Construction Accident

If you have suffered a winter-related injury, our experienced personal injury attorneys will fight for your rights. You may be eligible for benefits from any third party who is to blame for your harm (such as the driver of a third party vehicle). To schedule your free consultation and start the process of recovering damages, contact us today.

Now that school is back in session, sports may once again become an activity that your child engages in on a weekly or daily basis, either competitively or just for fun. Sports like football, soccer, basketball, lacrosse, and other team (and individual) sports are a great way to develop sportsmanship, stay healthy, and have fun, but there are not without risks, too. If you have kids or teens who are active, here are some sports safety tips to talk about:

Wear the Right Safety Gear

Safety equipment, like helmets and football pads, are designed to reduce the risk of injury. Playing sports–or engaging in activities like skateboarding or riding a bike–is made more dangerous by not wearing the right safety gear.

Trust Your Body

Kids who are engaged in sports, especially at a competitive level, may feel a desire or a pressure to “push through” an injury, working through pain, discomfort, or a feeling that something may not be right. It’s important to learn to trust a body’s warning signs, with pain being the most common. However, in addition to pain, feeling dizzy, a rapid heart rate, extreme body temperature, or confusion can also be signs that something isn’t right, ranging from heat exertion to concussion.

Emphasize the Importance of Warming Up, Cooling Down, and Good Nutrition

Things like warming up for an activity before giving all-out effort, cooling down, and fueling the body right and staying hydrated can all help to prevent injuries. If you’re not sure what warm up and cool down exercises your kid should be doing, talk to your child’s coach. Make sure your child drinks plenty of liquids before, during, and after a sports activity, and is eating a macronutrient-balanced diet.

Learn the Signs of a Concussion

One of the greatest risks that child athletes face is the risk of a concussion. In fact, we now know that a concussion, and certainly multiple concussions, can have lifelong consequences, including chronic traumatic encephalopathy. A concussion can be sustained in just about any sport, individual sports included. As a parent, it is important to learn the signs of a concussion and what to do if you believe that your child has sustained a concussion. You should also make sure that your child’s coach knows these signs too in the event that a concussion happens, or concussion-like symptoms present themselves, during practice or a game you’re not present at.

Staying Safe While Playing Sports

Kids getting hurt through sports is common. Luckily, however, most injuries are minor and heal within a matter of days or weeks, never causing long-term complications. Sometimes, however, injuries are more serious, and can even be fatal for youth.

If your child has suffered a serious sports injury, our lawyers want to hear from you. We have experience bringing claims against liable parties for child injuries, and will competently represent you. Please contact our Nashville injury attorneys at the offices of Bednarz Law today to schedule your free consultation.

When a car accident occurs, it is not only the drivers of vehicles involved that are at risk of sustaining injuries; passengers are often severely harmed as well. To be sure, there are thousands of passengers treated in emergency departments every year.

While passengers may assume that safety relies on the driver, the truth is that everyone has a responsibility to do what they can to preserve their own safety – for passengers, this means always wearing a seatbelt. Consider the following information about passenger safety, and what your rights are if you are in a crash caused by a negligent driver:

Don’t Assume the Back is Always Safer

The front seat next to the driver has earned the reputation as the “death seat,” with many passengers choosing to sit in the back, which has long been perceived as being more secure. However, as an article in CBS News reveals, that thinking is very much out of date. Today, advancements in car safety that focus on the two front seats (driver and front passenger), such as crumple zones and airbags, greatly reduce the likelihood of suffering an injury. Instead, the backseat may now be more dangerous, with a research scientist for the Insurance Institute for Highway Safety (IIHS) explaining that crash dummies sit in the front, which means that technology is improving for passengers in the front of the vehicle, but not the back.

Always Buckle U

Regardless of your position in a vehicle, whether the driver, the front passenger, or a passenger in the rear, you should always buckle up. Despite the fact that wearing a seatbelt is one of the most effective ways to reduce the risk of injury, especially fatal injury, in a crash, about 22 percent of backseat passengers do not buckle up. Wearing a seatbelt prevents you from being thrown from a vehicle in the event of a crash; more than 75 percent of people who are ejected from a vehicle die from their injuries.

Know Your Rights If You Are Harmed

If you are a passenger who is harmed in a crash, you have the right to bring a claim against the at-fault driver, whether the driver of the car you are riding in at the time of collision, or the driver of another vehicle. You also maintain the right to file a lawsuit directly against the at-fault party, although attempting to reach a settlement first through negotiations with an insurance adjuster is recommended.

Our Attorneys Are Here to Represent You

You also have the right to seek the full value of losses you have suffered, and to work with an attorney who can represent you throughout the process. At the law offices of Bednarz Law, our experienced Nashville passenger injury lawyers have the skillset and reputation you’re looking for, and know how to bring forth an effective case. To learn more about your rights if you are harmed in a car accident in Tennessee, please contact our law offices today. Consultations are offered free of charge.