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Articles Posted in Litigation Process

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I Was Injured in an Accident and My Doctor Made It Worse. Who is Responsible?

This happens more than you might expect.  Each year, there are over 57 million medical office visits, and 40 million emergency room visits related to injuries.  A tremendous amount of malpractice happens during those visits.  According to John Hopkins, 795,000 patients each year will suffer serious harm from a misdiagnosis…

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Car Accidents and Admissible Evidence

This image shows what happens if you are involved in a car accident and your front airbag deploys with your feet on the dash.  Ouch!  The result is ugly: two femoral hip fractures which are serious and painful and will require surgery to repair followed by a 4 to 6…

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A Crash Course for Gen Z and Parents of Adult Gen Z

Let’s start with who is officially Gen Z.  Individuals born between 1997 and 2012 are considered Gen Z.   The adult members of Gen Z range from 18 years old to 27 years old.  . As these Gen Z adults leave the nest (hopefully) and make their way into the world,…

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Would You Settle for Less?

Part of our job is to attempt to keep up with what our opponents (the insurance industry and their lawyers) are thinking and doing.  One of the many ways we try to do that is by reading insurance industry publications such as Claims Journal.  In a recent Claims Journal article,…

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What Is a Release of All Claims?

For Valentine’s Day, I received a gift card for a spa.  When I began to book an appointment online for the massage, I was asked to electronically sign a Release of All Claims.  Among other things, the Release of All Claims for a massage at this spa stated that if…

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Don’t Be Cute

Litigation is fighting with rules, confrontation with a referee.  Most people do not enjoy confrontation, and for others, it brings out their worst.   If you are involved in litigation or have a claim that may result in litigation, please take our advice: don’t get cute.  A few news articles lately…

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Best Lawyers and The Law Offices of John Day

Five lawyers at The Law Offices of John Day have been recognized by Best Lawyers.   The categories in which at least one of our five lawyers were recognized were: Personal Injury, Medical Malpractice Litigation, Product Liability Litigation, Bet-the-Company Litigation and Commercial Litigation. What is Best Lawyers and why should you…

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Knoxville Manufacturer of Air Bag Inflators Refuses Recall Request

The National Traffic Highway Safety Administration (NHTSA) is the federal agency charged with overseeing the safety of vehicles on the country’s roadways.  After an eight-year investigation, the Knoxville company, ARC Automotive of Knoxville, Inc., has been told to recall roughly 67 million inflators in the United States because they could…

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Social Media as Evidence at Trial

Donald J. Trump is currently the defendant in a civil case involving allegations of sexual assault.  Perhaps not surprisingly, he has been tweeting his thoughts about the trial.   The judge has warned him about doing so and has also admonished Trump’s lawyer about “having a conversation with [his] client” and…

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“We’re Not the Suing Family”

Kristen Chenoweth, the Emmy and Tony winning actress, has a new book out, and this week she has been giving interviews to promote it. In the interviews, she has talked at length about the serious injuries she sustained in an accident on the set of the television show “The Good…

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