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Personal Injury Cases Affected by "Loser Pays" Law

The Tennessee General Assembly recently passed "Loser Pays" legislation that will affect civil cases, including personal injury cases. The legislation, which takes affects claims filed on or after July 1, 2012, requires a party that is represented by an attorney to pay all reasonable and necessary litigation costs actually incurred up to $10,000.00 if the civil case is dismissed for failure to state a claim. If the case is filed pro se, then the trial court has the discretion whether to award the costs to the winning side.

The law does not apply to:

  • suits by or against the state or other governmental entities;
  • suits where the non-moving party withdrew or amended to state a claim upon relief may be granted;
  • suits where there is the express purpose of extending, modifying, or reversing existing precedent, law, regulation, or for determining the constitutionality of a law or regulation; or
  • suits where relief could be granted under a law, court precedent, or regulation in effect at the time the motion was filed. The law, precedent, or regulation must be cited in the pleading.

If you need more information about a Social Security Disability or SSI matter, personal injury matter (car wreck, boating accident, slip and fall, etc.), EEOICPA claim, or a workers compensation matter, please contact the Law Offices of Tony Farmer and John Dreiser for a free case evaluation. We can be reached at (865) 584-1211 or (800) 806-4611, or through our website. Our office handles claims throughout East Tennessee, including Knoxville, Chattanooga, Kingsport, Bristol, Johnson City, Morristown, Maryville, Rogersville, Dandridge, Tazewell, New Tazewell, Jefferson City, Strawberry Plains, Sevierville, Gatlinburg, Loudon, Kingston, Halls, Maynardville, Crossville, Cookeville, Jamestown, Sweetwater, Lenoir City, Athens, Oak Ridge, Clinton, LaFollette, Lake City, Jacksboro, Bean Station, Cosby, Newport, White Pine, Mosheim, Wartburg, Sunbright, Pigeon Forge, and Deer Lodge.

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