The police accident report says that I was not at fault in my wreck and that the other driver was at fault. Can I used the police report as evidence at a trial to prove the wreck was not my fault? Not in Tennessee state court. A rule of evidence…
Articles Posted in Litigation Process
What is Mediation?
I have a personal injury case in Tennessee. The judge has ordered the case to mediation. What does that mean? Mediation is a process where a person who has no stake in the outcome of the case (the "mediator") helps the parties to the litigation try to resolve their differences.…
Are Settlement Proposals Disclosed to the Jury?
We offered to settle my car wreck case for $40,000. The insurance company for the guy that caused the wreck only offered $22,000. Will the jury be told about what I was willing to take in settlement before trial? Will they be told that I was offered $22,000? No. Absent…
Why Juries Are Not Told About Liability Insurance?
I was in a car wreck and it doesn’t look like we will be able to reach a settlement – the other driver’s insurance company does not want to pay me a fair amount to settle the case. Will the judge and jury know that the other driver has insurance?…
The Other Driver Doesn’t Have Enough Insurance!
I was in a bad car wreck. I had $50,000 in medical bills and missed eight weeks of work (I make $800 per week as a mechanic). I am probably going to have to have another surgery. My doctor also says I will have arthritis for the rest of my…
How Much Do Expert Witnesses Charge?
I am in a car wreck case. My lawyer says that we need to hire an accident reconstructionist. What will that cost? First, most lawyers in personal injury and wrongful death cases will advance the expenses associated with the case, including the cost of hiring expert witnesses. Usually, those…
What Does a Court Reporter Do?
I had to testify in court recently and there was someone there typing in a little machine, apparently writing everything down. My lawyer says that he was a court reporter. That looks like a fun job. What else do they do? In Tennessee court reporters record and prepare transcripts of…
What Are Requests for Production of Documents?
I am in a lawsuit and the other side wants me to give them documents. I don’t want to share my evidence with them. Can they make me turn over my documents before trial? Yes. The Tennessee Rules of Civil Procedure have a special rule (Rule 34) that permits…
Why Does An Insurance Company Insist on Documentation?
I was hurt when I fell in on a slippery floor in a fast food restaurant. I broke my left arm. I missed six weeks of work on my construction job. My lawyer says that we need a statement from my employer stating that I missed six weeks of…
Why Won’t My Doctor Come to Court to Testify?
I was hurt in a truck wreck and my case is coming to trial. My lawyer says that my doctor will not come to court to testify about her treatment of me. I think she would make a good witness and I want her there. Can’t she be subpoenaed to…