Cases Against the Government

February 26, 2024

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 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

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 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

June 28, 2021

The Champlain Towers South Collapse – What If It Had Happened in Tennessee?

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

The rising death toll and enormous property loss arising from the collapse of the Champlain Towers South Condominium building near Miami, Florida will give rise to litigation. Families of those who die in the tragedy will file suit, hoping to find answers and obtain compensation for the loss of loved ones. Injured people will also take legal action, seeking money to pay medical bills, replace lost income, and lost property. The insurance companies who sold homeowner’s insurance to the condo owners will also file suit, seeking reimbursement of the losses they will pay to their insureds. Continue reading

February 26, 2021

Radical Listening

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

A recent New York Times article discussed how the health care industry was attempting to teach medical professionals the art of “radical listening”. What is radical listening? And why is it so important especially for professionals like doctors and lawyers. Continue reading

February 15, 2021

How Will the Pandemic Affect Jury Awards?

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

Let’s face it, the pandemic is leaving an indelible mark on almost everything, so there is no reason to believe jury awards in injury and death cases will be any different. Jury and trial consulting firms have been conducting surveys since the inception of the pandemic and they have some theories on how the pandemic will affect the amount of jury awards, how it will impact medical malpractice cases and whether it will generally be better for the defendant or the injury victim.

January 21, 2021

How Do You Prove Pain & Suffering?

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

You may have heard this phrase on advertisements by lawyers or on a TV show, but what does it mean and, more importantly, if you have an injury case, how do you prove it? Pain and suffering is exactly what it sounds like: it is the pain and problems you have encountered following an accident. While it is related to your medical treatment it is a distinctly different item of damages and is entitled to separate compensation, but there is not a mathematical formula for calculating it. So, if you have sustained a serious injury after an accident that was not your fault, you need an experienced injury lawyer to help you prove your pain and suffering to an insurance company, a jury or a judge so that you can maximize your compensation. Read on to understand the basics of this part of your injury case. Continue reading