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OF PRACTICE

SERIOUS LAWYERS WHO KNOW HOW TO WIN.

The Lawyers of Brown & Roberto are serious lawyers, who know how to win. Our attorneys represent people just like you throughout Tennessee who have been injured or denied disability benefits. To learn more about a specific type of case, click on the following links:

  • BREACH OF CONTRACT CLAIMS

    Business used to be done on the merit of a man’s word, or on a handshake. It’s hard to imagine that kind of trust in today’s culture, where detailed contracts define business relationships. Experienced (and expensive) attorneys negotiate terms to which both parties agree to adhere. Unfortunately, even then, contracts can be broken, or “breached.”

     

    What is a contract?

    A contract is an agreement or exchange of promises between two or more persons to do or not to do certain things. This agreement or exchange of promises can be oral or in writing and must be supported by something of value. The requirements for a valid contract are an offer, an acceptance, consideration, competent parties, and a legal purpose. Under Tennessee law, in order to have a claim for a breach of contract, you must demonstrate that there is an enforceable contract, a nonperformance amounting to a breach, and damages caused by the breach.

     

    What happens when a contract is breached?

    If a party does not perform according to the contract terms, that party has committed a breach of the contract. Any unexcused breach of contract allows a non-breaching party to recover damages.

     

    The breach of contract must be a material breach. A minor and insubstantial failure of a party to meet the terms of a contract does not entitle the other party to reject the contract and not be responsible under it.

     

    What damages may be recovered?

    The plaintiff is not entitled to be put in a better position by a recovery of damages for breach of contract than would have been realized had there been full performance. The damages to be awarded are those that may fairly and reasonably be considered as arising out of the breach or those that may reasonably have been in the contemplation of the parties when the contract was made. Damages that are remote or speculative may not be awarded.

     

    Generally, the jury may award all damages which are the normal and foreseeable results of a breach of contract. Such damages include reasonably foreseeable incidental damages. Incidental damages include additional costs incurred by the plaintiff after the breach in a reasonable attempt to avoid loss.

     

    Similar Claims

    • Breach of Express Warranty: a sale of goods may include a positive statement of fact or promise by the seller that the goods possess certain characteristics. An affirmation of fact or a promise is called a warranty. A warranty may be made orally or in writing, or it may be implied from the circumstances of the sale. An affirmation of fact or promise made by the seller to the buyer that relates to the goods and upon which the buyer relies in making the decision to buy creates an express warranty that the goods shall conform to the affirmation or promise.
    • Breach of Implied Warranty of Merchantability: a sale of goods contains an implied warranty that the goods are merchantable. The implied warranty of merchantability requires that the goods:
      1. pass without objection in the trade for goods of the description agreed upon in the contract between the parties
      2. are fit for the ordinary purposes for which such goods are used.
    • Breach of Implied Warranty of Fitness for Particular Purpose: There is an implied warranty that goods shall be fit for the particular purpose for which the goods are required if, at the time of sale, the seller has reason to know the purpose and that the buyer is relying on the seller’s skill or judgment to select or furnish suitable goods for that purpose.
    • Fraud: To recover under this theory, a plaintiff must prove by a preponderance of the evidence each of the following:
      1. the defendant made a representation as to a present or past material fact to the Plaintiff
      2. the representation was false
      3. the defendants knew the representation was false
      4. the defendants intended the Plaintiff would rely upon the representation and to act or not act in reliance upon it
      5. the plaintiff did not know that the representation was false and was justified in relying upon the truth of the representation; and the plaintiff acted in reliance upon the representation
      6. as a result of the plaintiff’s reliance upon the defendant’s representation, the plaintiff has sustained damage.

     

    Do you need a Breach of Contract Lawyer? Schedule  a free consultation

    With more than 75 years of combined experience and more than $45 million recovered for our clients, The Lawyers of Brown & Roberto are serious lawyers who know how to win. We represent clients in lawsuits involving breaches of contract and the above related claims. Contact us today to schedule your free consultation. Call (865) 691-2777 or use our convenient ONLINE FORM.

  • APPELLATE PRACTICE

    Some disputes can be resolved without filing a lawsuit. When a lawsuit is filed, fewer than 10% of those cases make it to trial. Even fewer civil cases are appealed. A party may appeal his or her case to higher courts known as appellate courts. All parties to the original lawsuit may have issues they seek to raise on appeal. Typically, issues from civil trials on appeal involve issues raised at trial and proof made at trial. Only in very rare cases can issues and facts not raised at trial be brought up on appeal. However, in criminal appeals new facts can serve as the basis for the appeal under a writ of error coram nobis.

     

    Appellate practice concentrates on advocating cases before state and federal appellate courts, including state supreme courts and the United States Supreme Court. Appellate practice lawyers seek to correct errors of trial court judges and change the law by persuading appellate courts to overturn lower court decisions or to expand or change the interpretation of statutory law.

     

    Appellate lawyers review and analyze trial records and other documents, research and analyze case law, draft persuasive briefs and appellate documents, advocate in appellate courts before appellate judges, and assist trial counsel in framing issues at trial and in preserving the record for appeal.

     

    Exceptional research, analytical and writing skills are necessary to write concise and persuasive briefs, legal memoranda and other documents. Other skills include a broad and practical knowledge of numerous substantive areas of law, familiarity with appellate practice, excellent interpersonal skills, and superior oral advocacy skills.

     

    Do you need a lawyer? Call today for a free consultation

    Attorney Tim Roberto first gained experience as a judicial law clerk in the Tennessee Supreme Court. He later gained experience drafting appellate briefs to the Tennessee Court of Appeals and the Sixth Circuit. If you need advice regarding an appeal, contact him today at (865) 691-2777 or use our convenient ONLINE CONTACT FORM.

  • DOG BITES

    In Tennessee, the owner of a dog is strictly liable for injuries caused by their animal. This means that you do not have to prove that the dog’s owner was negligent. As long as you were not trespassing and did nothing to provoke the dog, the owner is responsible for your damages.

     

    The Lawyers of Brown & Roberto are experienced at maximizing the recovery of victims in dog bite cases. Damages in these cases are usually covered by homeowners insurance.

     

    Dog attacks usually affect those who are least able to defend themselves: children and the elderly. The physical and emotional scars from dog bites can last long after the attack. Children in particular may need future cosmetic surgery to minimize scarring. They may also need counseling to overcome their fear of dogs.

     

    As with any serious personal injury case, it is important not to settle your case until you have been paid as much money as you are entitled to receive. At the outset, you may know what future expenses you are likely to have as a result of the attack. The following are examples of the damages you can recover:

     

    • Past and future medical expenses;
    • Past and future lost wages;
    • Pain and suffering;
    • Any resulting disability;
    • Emotional distress;
    • Loss of ability to normally enjoy your life; or
    • Other unforeseen expenses.

     

    Need a Dog Bite Lawyer? Schedule a Free Consultation Today

    Call 865-691-2777 in Knoxville or East Tennessee to set up an initial consultation to discuss your dog bite case, or reach us through our convenient ONLINE FORM for more information about our practice.

  • EMPLOYMENT DISCRIMINATION

    Filing a Claim for Discrimination or Sexual Harassment

    Title VII of the Civil Rights Act of 1964 makes it illegal to discriminate against someone on the basis of race, color, religion, national origin, or sex. The law also makes it illegal to retaliate against, fire/terminate a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. Discrimination based on sex also includes claims for sexual harassment.

     

    Before a discrimination or sexual harassment lawsuit can be filed, you must first file a charge of discrimination with the EEOC (Equal Employment Opportunity Commission). This often involves a simple letter that details the facts serving as the basis for your discrimination or sexual harassment claims. After receipt of your discrimination charge, the EEOC will begin an investigation of your claims. Your claims will then be set for settlement talks, known as mediation, or you will receive a right to sue letter. A right to sue letter gives you the authority to file a lawsuit for your discrimination sexual harassment claims.

     

    Important Deadlines for Filing Claims

    The anti-discrimination laws give you a limited amount of time to file a charge of discrimination or sexual harassment. In general, you need to file a charge within 180 calendar days from the day the discrimination took place. Federal employees and job applicants have a different complaint process, and generally must contact an agency EEO Counselor within 45 days. Regardless of how much time you have to file, it is best to file as soon as you have decided that is what you would like to do. Time limits for filing a charge with EEOC generally will not be extended while you attempt to resolve a dispute through another forum such as an internal grievance procedure, a union grievance, arbitration or mediation before filing a charge with EEOC. Other forums for resolution may be pursued at the same time as the processing of the EEOC charge. After the filing of a charge and at the time that you receive a Notice-of-Right-to- Sue from the EEOC, you must file your lawsuit within 90 days or your claim is forever barred.

     

    Because of the strict deadlines in filing a claim for discrimination or sexual harassment, you should contact an attorney immediately when the discrimination or harassment first occurs.

     

    Need an Employment Discrimination Lawyer? Schedule a Free Consultation

    With more than 75 years of combined experience and more than $45 million recovered for our clients, The Lawyers of Brown & Roberto are serious lawyers who know how to win. Contact us today to schedule your free consultation. Call 865-691-2777 or  use our convenient ONLINE FORM.

  • FAMILY MEDICAL LEAVE ACT: FMLA CLAIMS

    The Family Medical Leave Act (FMLA) requires employers to provide up to 12 weeks of unpaid, job-protected leave to employees for family and medical reasons. Employees are eligible if they have worked for a covered employer for at least one year, and for 1,250 hours over the previous 12 months, and if there are at least 50 employees within 75 miles.

     

    Unpaid leave must be granted to care for the employee’s child after birth, or placement for adoption or foster care; to care for the employee’s spouse, child, or parent, who has a serious health condition; or for a serious health condition that makes the employee unable to perform their job.

     

    At the employee’s or employer’s option, certain kinds of paid leave may be substituted for unpaid leave. The employee may be required to provide advance leave notice and medical certification. Taking of leave may be denied if requirements are not met. Such requirements include that the employee ordinarily must provide 30 days’ advance notice when the leave is “foreseeable,” or an employer may require medical certification to support a request for leave because of a serious health condition, and may require second or third opinions (at the employer’s expense) and a fitness for duty report to return to work.

     

    Terminating an employee for asserting his or her FMLA rights is a cause for a discrimination claim. Damages for such a claim include: (1) damages for lost wages and benefits plus statutory interest under 29 U.S.C.A. § 2617(a)(1)(A)(i), (ii); (2) liquidated damages or “double damages,” pursuant to 29 U.S.C.A. § 2617(a)(1)(A)(iii), above the damages for lost wages and benefits for terminating the FMLA covered employee; (3) Equitable relief in the form of front pay pursuant to 29 U.S.C.A. § 2617(a)(1)(B); and (4) payment of the employee’s attorneys’ fees pursuant to 29 U.S.C.A. § 2617(a)(3).

     

    Need an FMLA Claims Lawyer? Contact us today for a free consultation

    With more than 75 years of combined experience and more than $45 million recovered for our clients, The Lawyers of Brown & Roberto are serious lawyers who know how to win. If you have a question regarding your rights under the Family Medical Leave Act, or for more information about FMLA claims, contact us today. Our office is conveniently located in West Knoxville with plenty of free parking. Call (865) 691-2777 or use our CONVENIENT ONLINE FORM.

  • PREMISES LIABILITY

    In Tennessee, the owner or operator of a property must use reasonable care to make the premises safe and to warn visitors of dangerous conditions. If you are injured because a property owner failed in this duty, you may be entitled to compensation for damages such as medical bills, lost wages, and pain and suffering. This area of law is known as Premises Liability.

     

    The Lawyers of Brown & Roberto are experienced premises liability lawyers and work with clients throughout East Tennessee who have been injured or disabled due to property negligence. Premises liability extends to things like:

     

    • Slip-and-fall accidents in stores and other public places
    • Trip-and-fall accidents
    • Falls on stairs due to missing or inadequate handrails or uneven steps
    • Falls caused by inadequate lighting
    • Assault injuries caused by negligent security
    • Landlord liability for injuries or assaults caused by non-functioning locks, fire extinguishers or smoke detectors

     

    If you are injured on someone else’s property, it is important to contact an attorney as soon as possible to preserve evidence of liability. You may assume that a store owner will cover your medical bills after an accident, but this is often not the case. Without evidence of liability, the store owner is not likely to pay you anything.

     

    By taking pictures of the accident scene, you can record the condition of the property at the time of the accident, before property management corrects the dangerous condition. Evidence such as store videotapes must be preserved before they are recorded over.

     

    Need a Premises Liability Lawyer? Schedule a Free Consultation Today

    Call (865) 691-2777 in Knoxville or East Tennessee to set up an initial consultation to discuss your Premises Liability case and how to deal with businesses or their insurance companies, or reach us through our convenient ONLINE FORM for more information about our practice.

  • PRODUCT LIABILITY

    Manufacturers' Responsibilities

    The manufacturer of a product has a duty to provide items that are reasonably free of defects that could cause injury to the people who use the product. If a product has inherent dangers that cannot be designed out of it, then the manufacturer has a duty to warn users of those dangers. If the manufacturer fails in either of these duties, then it is responsible for damages their product may cause.

     

    What rights do consumers have?

    For more than thirty years, The Lawyers of Brown & Roberto have represented clients throughout Tennessee who have been injured or disabled by dangerous or defective products. Our product liability attorneys are committed to holding manufacturers responsible when their products kill or injure the consumers who use those products.

     

    During that time, our lawyers have assisted clients who have been injured by:

     

    • Automobiles, trucks, ATVs, and other motor vehicles
    • Prescription drugs, over-the-counter medications, or vitamins
    • Medical appliances or devices
    • Household cleaning products
    • Health and beauty aids
    • Children’s toys
    • Contaminated food or infant formula
    • Industrial machines, such as punches and presses
    • Office products
    • Safety equipment

     

    Do you need a product liability lawyer? Call today for a free consultation

    If you’ve been injured by a product, it is important to save the product and contact a lawyer as soon as possible. Our lawyers often work with experts to determine how a product may be defective or how an injury occurred. Contact us today to schedule a free consultation. We’ll discuss your case, answer your questions, and advise you on your best course of action. Call (865) 691-2777 or use our convenient ONLINE FORM.

  • SERIOUS INJURY

    What to do When You’ve Been Seriously Injured in a Car Wreck

    A severe car wreck can happen in an instant, and suddenly your life has changed dramatically. The full damage of a serious injury is not just measured in dollars and cents. It has consequences that can stretch on for years, create hardships you had never planned for, and completely interrupt your life. The Lawyers of Brown & Roberto work to help you recover a full and fair financial settlement so that you have the resources you need to pay your medical expenses, offset lost wages, and prepare for an uncertain future. No one can reduce the emotional and physical burden that you and your loved ones face, but our lawyers can help you recover all of the compensation you are due under the law, so that you can stay focused on what is important.

     

    Helping You Deal With the Burden of Serious Injury

    If you have suffered serious injury as a result of another driver’s negligence in a car, truck, or motorcycle accident, you may be facing expensive and long-lasting consequences. Making sure that the insurance companies live up to their financial obligations often requires a skilled and experienced attorney who works for you, not the insurance companies.

     

    The Lawyers of Brown & Roberto are serious lawyers, who know how to win. We provide effective and client-focused service for clients who have suffered serious bodily injury in a motor vehicle accident, such as:

     

    • Permanent disability
    • Spinal injury
    • Paraplegia
    • Quadriplegia
    • Traumatic Brain Injury
    • Permanent nerve damage
    • Crushing injuries and fractures
    • Amputation

     

    With an increasing amount of distractions, inattentive or impaired driving seems to grow more common every day. Even as safety features become become more commonplace, the number and severity of accidents seems to increase each year. When you have suffered in an accident, don’t go it alone. Get The Lawyers of Brown & Roberto on the phone.

     

    Need a Serious Injury Lawyer? Schedule a Free Consultation Today

    When you have suffered a serious personal injury or you have lost a loved one because of someone else’s distraction or negligence, put The Lawyers of Brown & Roberto to work for you. Our experienced staff will provide you and your family the answers you need.

     

    Contact us today at 865-691-2777 or use our convenient ONLINE FORM to set up your free consultation. We will be happy evaluate your claim, discuss your injuries and advise you on how to proceed. Our office is conveniently located in Knoxville with plenty of free parking.

  • SMALL BUSINESS INFORMATION

     Starting a small business can be complicated. It involves planning, making key financial decisions and following a legal process. You need a serious, experienced small business formation attorney to help you navigate the process.

     

    Here are some things that you should consider:

     

    • Do you have a business plan?
    • Do you have a location that is both convenient for customers and complies with local zoning laws?
    • Have you secured financing?
    • What legal structure best fits your plan? Do you know the difference between a sole proprietorship, partnership, Limited Liability Company (LLC), corporation, S corporation, nonprofit and cooperative?
    • Have you registered a name with the government?
    • Have you gotten a Tax ID number and registered for state and local taxes?
    • Do you have the proper business licenses and permits?
    • Do you understand the responsibilities of being an employer?

     

    Do you need a Small Business Formation Lawyer? Call us for a free consultation

    With more than 75 years of combined experience, The Lawyers of Brown & Roberto are serious lawyers who know how to win. When starting your new business, we’re here to help you succeed. Contact us today to schedule your free consultation. Call (865) 691-2777 or use our convenient ONLINE FORM. Our office is conveniently located in Knoxville with plenty of free parking.

  • WILL CONTESTS

    The validity of a will may be challenged by a lawsuit. Such a suit is known as a will contest. A will may be challenged for many reasons, including that the deceased was not of sufficiently sound mind at the time he or she executed the will to enable the deceased to know and to understand the distribution of property he or she was making, that its execution was procured through fraud or undue influence.

     

    In order to determine whether or not a will is invalid because the deceased was not of sound mind, a jury may consider such factors as physical weakness, disease, old age, and failing mind or memory. In undue influence cases, a key concept is whether a confidential relationship existed between the deceased and the beneficiary that procured the will. If a person is determined to have had a confidential relationship with the deceased, that person must prove the fairness of a transaction between that person and the deceased by the highest standard of proof.

     

    It is not uncommon for a caretaker or relative with undue influence to have taken control of the assets of another before he or she dies. One may also challenge these transfers under several theories including fraud and breach of one’s fiduciary duty.

     

    The validity of a will may also be contested on its face. For example, an attested will requires the signature of two witnesses, all of whom must actually witness the deceased sign the will. If no witnesses were present, the will may be invalid. There are also wills that are different from attested wills. Such wills are known as holographic wills. These are wills that are in the deceased’s own handwriting. One may contest a holographic will by contesting that it actually is in the asserted person’s handwriting. Accordingly, the formalities of a proper will are very important.

     

    Do you need will contest lawyers? Contact us today for a free consultation.

    With more than 75 years of combined experience and more than $45 million recovered for our clients, The Lawyers of Brown & Roberto are serious will contest lawyers who know how to win. We represent heirs, beneficiaries, executors, administrators and third parties in disputes over the terms or validity of wills, the application of the rules of distribution by operation of law (known as “intestate succession”) to particular situations, and the best ways to handle disputed details of estate administration. Contact us today for a free consultation. Call (865) 691-2777 or use our convenient contact form.

  • WILLS AND POWERS OF ATTORNEY

    Most people do not plan for the need of a will or a power of attorney. The Lawyers of Brown & Roberto can help bring peace of mind that your wishes will be honored. A simple will or a financial or medical power of attorney can help make a difficult time easier. Please contact us today to find out how we can help you plan for your family’s needs.

     

    Schedule a Free Consultation Today

    Call 865-691-2777 in Knoxville or East Tennessee to set up an initial consultation to discuss your Wills and Powers of Attorney, or reach us through our convenient ONLINE FORM for more information about our practice.

  • WRONGFUL DEATH

    No one wants to consider how to move forward following the tragic death of a spouse, a child or any loved one. When a car wreck or accident on the highway leads to the accidental and wrongful death of a family member because someone else was careless, inattentive, drunk or just unable to control their vehicle, the total consequences can not be measured.

     

    The Lawyers of Brown & Roberto work for you and on your behalf to make sure that a fatal accident that has already been the source of such pain and loss doesn’t continue to create new problems. We provide compassionate guidance, personalized service and experienced counsel designed to work with and for your family.

     

    Experienced and Compassionate Motor Vehicle Accident Attorneys

    The Lawyers of Brown & Roberto never promise that pursuing a wrongful death suit will ease the pain you are suffering. What we do is take over the burden of pursuing injury compensation for you and your family so that you can focus on other important matters.

     

    An accident can create tremendous costs in medical bills, final expenses related to the accident and a lifetime of lost wages that can cause your family unnecessary challenges. The Lawyers of Brown & Roberto work on your behalf to recover the money you are legally entitled to under Tennessee law, so that you can handle injury and related expenses now and in the future.

     

    With decades of combined experience in personal injury and wrongful death cases, The Lawyers of Brown & Roberto take on cases involving:

     

    • Car accidents
    • Truck accidents
    • Motorcycle accidents
    • Wrongful death due to an impaired driver
    • Rollover accidents
    • Pedestrian accidents

     

    If you need to pursue litigation or legal options to recover a full and fair settlement to address your financial loss, make sure you work with an attorney that will be focused on serving your needs. We back up our claims and our practice with proven results.

     

    Need a Wrongful Death Lawyer? Schedule a Free Consultation Today

    Call 865-691-2777 in Knoxville or East Tennessee to set up an initial consultation to discuss your Wrongful Death case, or reach us through our convenient ONLINE FORM for more information about our practice. We offer experienced representation and the flexibility of contingency fee arrangements, which means you only pay for our service after we have recovered compensation for you.