Articles Posted in Litigation Process

 Why do lawyers and the judge whisper between one another during a trial up by the judge’s bench?

Usually, they are discussing whether certain testimony or other evidence should be heard or seen by the jury. The law of evidence governs what jurors should hear and see during a trial. When the lawyers are trying to introduce evidence before a jury or keep the jury from hearing it the discussions of the evidence will often reveal what the evidence is. If the law says that the jury shouldn’t hear or see that evidence then it would be foolish to have the jury hear the discussion about the evidence. This type of conference is called a “side bar.” 

Sometimes, the judge will ask the jury to leave the courtroom during these discussions. This is called a “jury-out hearing.”

I got hurt in an accident and my doctor said I should go to physical therapy. The therapist is 20 miles away and it is very inconvenient to go to therapy.   Plus, it doesn’t seem to do any good. Will it hurt my case if I just stop going?

First, let me suggest you set the thoughts about your legal case aside for a moment. Your doctor prescribed physical therapy because he or she thought it would help you. It might not. But it might. The daily or even weekly progress you see in physical therapy might be small, but you still need to go to physical therapy because you want to do what you can to reach a full recovery. 

Going to physical therapy may not help your case, but not going as the doctor asked you to do will probably hurt your case. Insurance adjusters and jurors may conclude that you may not have been having the problems you say you were having (or are having) if you  followed your doctor’s advice. If you have to go before a jury in your case the jury will be told that it is your responsibility to minimize your damages. 

A neighbor fell off my porch the other day and he had to be taken to the doctor with a broken arm. Can I be held responsible for this?

Only if it is determined that you did not keep the premises in a reasonably safe condition for him and other guests on your property.   Therefore, it is important to understand how he came to fall of the porch. Did the railing break?   Was it rotten? Did he fall over the rail?   Was he sitting on the rail?   Was there no rail there at all?  Did local building codes require a rail?  And so on.

There are all sorts of questions that must be asked to determine whether you can be held responsible for what happened.

I was arrested for underage drinking when I was in high school 10 years ago. I was put on probation for a year. Now I got hurt in an car accident and the other driver’s lawyer wants to know if I have ever been arrested. Do I have to tell the truth about it – it happened so long ago? Is it going to come out in court that I was arrested?

Don’t worry about it. In a lawsuit your opponent gets to ask you questions about your background. The area of questions  that can be asked during the "discovery" period in a lawsuit is very broad, much broader than questions that will be permitted in court at trial. So, your opponent can ask about prior arrests and you should tell the truth about what happened.

Will it come out in court? It almost certainly will not if you tell the truth about what happened. If you lie and your opponent finds out about it, what happened will probably come out in court, not because of what happened 10 years ago but the fact that you lied about it when asked in the lawsuit.

My personal injury case just settled and I have $45,000 after paying my medical bills and my lawyers. I have never had this much money in my life. What do I do with it?

You are not seeking legal advice here – this is financial advice. However, many of our clients have asked this question over the years and I will share some general thoughts.

First, you should set aside some money for what many people call an “emergency fund.” The emergency fund should be three or, even better, six months of the money that you need to operate your household. It should be kept in a savings account or a money market account and should only be used for emergencies – an unexpected car repair or medical bill or to meet normal expenses if you lose your job. You will gain an unbelievable peace of mind by having this amount of money in the bank.

It seems like everybody is suing everybody.   How many personal injury and wrongful death lawsuits are filed in circuit court every year in Tennessee?

Believe it or not, the number of lawsuits for personal injury cases and wrongful death cases in Tennessee is staying about the same, despite the increases in population.

There were 10,659 such cases filed in circuit and chancery court in Tennessee for the fiscal year ending June 30, 2009.   In the previous year there were 11,171, so filings were down about 5%.   The year before (ending June 30, 2007) the total number of filings were 10,165.

I am in a lawsuit and just got sent interrogatories. What are they?

Interrogatories are written questions that one person in a lawsuit sends to another person in a lawsuit. The party that receives the interrogatories must answer them in a certain period of time, unusually thirty days.

Your lawyer will guide you through answering the interrogatories.   It is very important that you tell the complete truth when you answer the questions. The failure to tell the truth will  have an adverse impact on your case. 

 I have a personal injury case and I don’t think my doctor is listening to me. Should I get a second opinion?

Talk to your lawyer before you get a second opinion.    An experienced lawyer will have some knowledge of the doctor’s reputation and, after looking at the medical records, have a good idea whether the doctor is doing what he or she can to help you. Sometimes, there is nothing a doctor can do to help, and changing doctors only complicates your case.

That being said, both you and your lawyer want you to reach as full of recovery as you can.   You may need to consult with another doctor to either reach that recovery or to have confidence that everything is being done for you that can be done,  However,  it is best to consult with your lawyer before seeking a second opinion.

I have a lawsuit pending and a jury trial is scheduled for this summer.  I am nervous about it because I have never been in the courthouse before, much less sat in a trial.  What is going to happen?

We are written a Legal Guide that addresses that very issue. "Understanding What Happens at Personal Injury or Wrongful Death Trial" will give you a step-by-step explanation of every aspect of a civil jury trial.  

We hope this Guide gives you some peace of mind as you approach the date of your trial.  There is little doubt that going through a trial creates stress, but that stress should be reduced by the explanation of the process as set forth in our Guide.

I have a personal injury case and I am broke. There are companies that advertise on TV that say they will loan me money and let me pay them back out of the settlement I will get in my personal injury case. Should I take their money?

No.  The interest rate these companies charge is obscene. You should do everything you can to stay away from these companies.

How do you keep body and soul together as your case proceeds?   First, if you suffer an injury that results in loss of income or significant medical expenses you should immediately start cutting back on non-essential expenses in your lifestyle. You need to do what you can to limit expenditures to essentials – shelter, utilities, food, clothing and medical care.   

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