Automobile Accidents

February 17, 2011

What Damages Can A Parent Recover in a Personal Injury Case for a Minor Child?

My son was bit by a neighbor’s dog. What rights do I have in a lawsuit against the dog owner?

You have the right to recover medical expenses that you paid or were paid by your insurance company. (You almost certainly have to repay your health insurance company out of the settlement or judgment.) You can also recover damages for loss of services of your child.

Under Tennessee law, you cannot recover damages loss of the relationship between you and your child because of the injuries or for your emotional distress at seeing your child deal with his injuries.

February 15, 2011

Can I Bring A Lawsuit For My Daughter?

by The Law Offices of John Day, P.C.

My 10-year old daughter was hurt in a car wreck. Her dad and I are divorced. Can I file a lawsuit on her behalf?

Yes, if you are the custodial parent you are permitted to bring a lawsuit on your daughter’s behalf. If you are not the custodial parent the appropriate person to bring the lawsuit is your daughter’s father ( I assume that he is the custodial parent).

Even if you are the custodial parent and have the right to file suit, you should work with the child’s father and try to maintain a united front in the litigation.

February 14, 2011

What Does It Mean When You Have Liability Insurance Policy Limits of $50,000 / $100,000?

by The Law Offices of John Day, P.C.

I was in a car wreck yesterday. It was probably my fault. I looked at my automobile liability insurance policy and it says that I have liability limits of $50,000 / $100,000. What does that mean?

It means that for any one car wreck that is your fault your insurance company will pay a person injured in the wreck up to $50,000 in losses and damages they suffer. If more than one person is injured in the wreck, the company will pay, on your behalf, up to $100,000 but no more than $50,000 for any one person.

So, if one person was hurt in the wreck, the insurer will pay no more than $50,000 in damages. If two people were hurt, the insurer will pay up to $100,000, but no more than $50,000 per person. If three people were hurt, the insurer will pay up to $100,000, but no more than $50,000 per person. Note that each person who is injured does not automatically get $50,000 – they must demonstrate amount of their damages and can recover up to $50,000 each.

February 11, 2011

Does Tennessee Have PIP Coverage?

by The Law Offices of John Day, P.C.

I was hurt in a car wreck. I used to live in Kentucky and we had PIP coverage. Is there PIP coverage in Tennessee?

Answer: No. Tennessee does not have a no-fault system and therefore does not have PIP (Personal Injury Protection) coverage as a part of automobile or truck liability insurance policies issued in Tennessee. So, if your bought your auto insurance coverage after you moved to Tennessee you do not have PIP coverage.

Note to those people who live in a state that has no-fault and PIP coverage and who are injured in a wreck in Tennessee: your insurance policy may give you benefits not available to Tennessee residents. If you are from out-of-state but were injury in a car or truck wreck in Tennessee, the attorneys at Law Offices of John Day, P.C. will be happy to review your insurance policy and determine what benefits it provides under the circumstances.

February 10, 2011

Are Insurance Companies Afraid To Go To Trial In Personal Injury Cases?

by The Law Offices of John Day, P.C.

I am thinking about filing a personal injury case. I think I have a solid case that the insurance company will be afraid to try in front of a jury. Are insurance companies afraid to try cases?

Not really. For the typical insurance company, the analysis is all about money.

In other words, insurance companies evaluate risk. At the end of the day, they determine whether they will likely win a case or lose a case. They look at how much a jury might award, how much a jury is likely to award, and how little a jury might award. They have lots of statistics from which to make this judgment, and they often have very good lawyers help them evaluate a case.

January 31, 2011

Should I Give A Statement to My Insurance Company About How the Accident Happened When it was the Other Driver’s Fault?

by The Law Offices of John Day, P.C.

I was in a car wreck last week. It was not my fault. I spent five days in the hospital and am now recovering at home. I am getting a couple calls a day from the insurance adjuster for the driver that hit me but I know I should not talk to him. Now my insurance company is calling me and they want to take a statement from me about how the wreck happened. Is there anything wrong with me giving a statement to my insurance company before I talk to a lawyer?

We do not recommend that our clients give a statement to either the other driver’s insurance company or their own insurance company without adequate preparation for the interview. Under most auto insurance policies in Tennessee, you have a duty to give your insurance company a statement, but you need to be adequately prepared first.

We do not prepare our clients by telling them what to say or encouraging them to lie. In fact, just the opposite is true: we encourage our clients to tell the truth about the circumstances giving rise to the wreck, the nature and extent of their injuries, and everything else. Preparation is necessary because insurance adjusters are trained in asking questions, and may ask questions in such a way that the unprepared witness will make mistakes. These statements are almost always tape-recorded and can be used against the person in court.

January 29, 2011

Deadline for Filing Car Wreck Lawsuit in Tennessee

by The Law Offices of John Day, P.C.

I was hurt in a car wreck in Tennessee. What is the deadline for filing a personal injury lawsuit?

One year. You have one year from the date of the car wreck to file a lawsuit against the responsible parties. Failure to file a lawsuit on time against those who caused the wreck will result in a loss of rights.

There are a couple exceptions to this rule, but they are so fact dependent that I will not list them here out of fear that they might lull someone into thinking that they have more time than they might actually have. So, assume that the one year deadline applies to you unless an experienced personal injury lawyer familiar with all of the facts advises you that you have more time.

January 13, 2011

Can I Sue The Other Driver’s Insurance Company?

by The Law Offices of John Day, P.C.

I live in Tennessee and was hurt two weeks ago in a wreck in Murfreesboro, TN. The wreck was not my fault. My medical bills are $7000 but I still am being treated by my doctor and may need to have an operation on my shoulder. I was hurt in a wreck when I used to live in Wisconsin and sued the insurance company to recover my medical expenses and other damages. Can I do that in Tennessee?

Not really. Wisconsin and at least one other state have laws that permit an injured person to directly sue the liability insurance company of the at-fault driver. Tennessee is not one of those states.

In Tennessee, if you are unable to reach a settlement in the case you have to sue the at-fault driver. The at-fault driver’s insurance company will hire a lawyer to defend the driver and, if you prove your case, will pay the amount your damages up to the amount of the insurance coverage the driver purchased.

January 10, 2011

Why Do I Need Uninsured Motorist Insurance Coverage?

by The Law Offices of John Day, P.C.

I live in Tennessee and I understand state law requires that everyone who owns a car or truck have liability insurance coverage on the vehicle. Why should I spend money to purchase uninsured motorist insurance coverage if everyone already has liabilty insurance?

Because (a) some people don’t follow the law; (b) some people buy liability insurance coverage but do not purchase an amount that will protect you from losses you sustain in a car or truck wreck; and (c) you may get hit by a hit-and-run driver (and unisured motorist coverage gives you some protection in such cases).

Despite the law that mandates insurance coverage, 20% of the people in Tennessee have no insurance on their vehicle. That means that 1/5th of the people you meet on the highway have virtually no way of meeting their financial obligation to you if they cause an accident and you are hurt. You need uninsured motorist coverage to protect you from that risk.

January 4, 2011

Can A Parent Sue Another Parent For Injuring Their Child

by The Law Offices of John Day, P.C.

My former spouse was driving our child to school, ran a red light, and was in a wreck. Our child was seriously injured. Can I help my son file a lawsuit against his father to collect money for the injuries received in the wreck?

Yes, under Tennessee law a child can sue a parent for injuries that arise out of an auto wreck. You, as a parent, would have to file suit on behalf of your son because a minor cannot bring a lawsuit on his own behalf. (Alternatively, the court could appoint a guardian to file suit on behalf of your son.)

The problem is that most auto liability insurance policies in Tennessee do not provide insurance coverage for injuries caused to family members. Thus, if you and your son can prove that his dad caused the wreck you would have to collect any judgment you receive out of the father’s assets and future income.