Boating Accidents

July 29, 2024

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, the author interviewed Harish Kapur, CEO of Across America Insurance Services. Mr. Kapur’s comments are nothing new to us, but they are a good reminder to anyone who is considering filing a personal injury or wrongful death claim. Here are three key take-aways:

The insurance companies handle injury claims all day-every day, while this is hopefully your one and only injury claim.

Mr. Kapur bragged about his “crack team of in-house adjusters” and how they “have to know everything about the file.” The insurance adjusters know what information is critical. They know how to ask questions and frame the narrative during a recorded statement. They are trained how to interview witnesses and scour the internet for information on you.

June 27, 2024

Boaters Beware

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

It is hot and humid outside, in other words, it is a Tennessee summer. Many Tennesseans are trying to beat the heat with a trip to their local lake or river. But before you head out, there are some things you should know. The 2023 Tennessee Boating Incident Statistical Report has been released and boating accidents have increased. Read on to learn which bodies of water had the most incidences and fatalities, what day and times are the most dangerous and about Boating Under the Influence laws and penalties. Continue reading

February 26, 2024

What Is a Release of All Claims?

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

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 death resulted from the massage, then the spa was not responsible. There were also other excessive provisions. I declined to sign the Release of All Claims, and the spa was kind enough to refund the purchased gift card, but the outrageousness of their request is not particularly isolated. Every day, businesses ask their prospective customers to sign releases before providing services or allowing participation in activities. As such, we thought it would be good to review what exactly is a release of all claims. Continue reading

November 3, 2023

Don’t Be Cute

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

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 have shown what happens when people try to get cute during litigation. Continue reading

July 25, 2023

Boating Accidents in Tennessee

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

Do you know which Tennessee lake has the most boating accidents? Do you know the most common cause of boating accidents? Or when boating accidents are most likely to occur? Or, how many personal watercraft accidents (Jet-Ski, Sea-Doo, etc.) there were last year? Well, the 2022 Tennessee statistics have been released by the Boating and Law Enforcement Division of the The Tennessee Wildlife Resources Agency (TWRA), and we have the answers to these questions and more including when Tennessee law requires you to report a boating accident. Continue reading

January 20, 2023

“We’re Not the Suing Family”

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

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 Wife.” Lighting equipment on the set fell and hit her causing a fractured skull, a fractured rib and nose, broken teeth and other long-lasting injuries. Chenoweth’s Dad counseled her to get legal representation. She did not. She now regrets it. Here are some things you should think about if you are hurt in an accident and are reluctant to seek legal representation. Continue reading

July 13, 2022

I Want a Lawyer and a Sandwich. Oh, and I Want to Update My Facebook Status

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

It is fascinating to see what some people search for on the internet. “I want a lawyer and a sandwich” is commonly searched because of a popular line in the 2011 movie titled Blitz. A sassy criminal suspect delivers the line in response to being placed in police custody. Of course, most internet searches focus on more routine and basic legal issues such as “When do I need a lawyer for a car accident?” and “How do I hire a lawyer with no money?” and “Can anyone be your lawyer?” We have rounded up some of the most common questions and answered them. Read on. Continue reading

June 2, 2022

The Problem with Advice

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

We all give advice. Whether you are a lawyer, teacher, parent, doctor, plumber, etc.., at some point, someone is going to ask for your advice. But here is the thing about the advice you seek: you do not know how good it is until you do the exact opposite.[1]

Why do people not follow advice? Well, some folks do not really want advice. They want permission. They are only asking as a way of confirming what they wanted to do in the first place. The other main reason people do not follow advice is because it is not easy. Having the discipline to do what you know you should do can be hard i.e., exercising, saving for retirement, studying for exams, etc. So, we thought we would give you some important legal advice that is easy to follow and, trust us, you won’t know how good it is unless you don’t follow it. Continue reading

May 23, 2022

New Tennessee Laws for Wake Boarders and Wake Surfers

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

Memorial Day weekend is upon us, which also means boating season is about to be in full swing. For those of you who plan to hit the lakes and rivers this summer, read on for a reminder about important safety rules as well as a new law covering wake boarders and wake surfers. Continue reading

May 17, 2022

How To Win an Accident Case?

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

If you have Googled “How to Win an Accident Case” or “How Much Can I Sue for in an Accident Case” or “How to File an Accident Lawsuit” or anything similar to these types of searches, please proceed with extreme caution. If you were in an accident with very minor, fully resolved injuries (like your neck was a little sore for a couple of days and without any medical intervention it completely improved), you do not need a lawyer. But anything beyond that, you really should, at a minimum, consult an injury lawyer. Now let us tell you why. Continue reading