Cases Against the Government

May 3, 2011

Car Wreck Lawsuit Against the State of Tennessee

My husband was hurt in a car wreck when a state employee driving a state vehicle ran a stop sign. I think I read somewhere that the State of Tennessee and its employees can’t be sued. hat doesn’t seem fair.

The employee cannot be sued if the injury was caused by negligence and the employee was working for the State at the time of the wreck. However, the State can be held responsible for the negligence of its employee under these circumstances, but some of the procedures are much different than those applicable to a private business.

The claim against the State is not filed in court but instead is asserted as a claim through the Tennessee Claims Commission. Proper notice of the claim must be given and, if the claim is denied (it usually is) then a formal claim must be filed. The entire process is administered through the Claims Commission. The Attorney General’s Office defends the State.

April 27, 2011

Injured In Car Wreck Caused By Sheriff’s Deputy

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

I was hit at an intersection by a car belonging to the local sheriff’s department. The deputy ran a red light. He did not have his emergency lights or siren on when the wreck happened. Can I sue the deputy for the injuries I received?

No, but you can sue the Sheriff’s department. The individual deputy is immune from suit if the wreck was caused while he was on the job, but the Sheriff’s department (county government) is responsible for the acts of the deputy.

Tennessee limits the amount of damages that can be awarded against a local government. For wrecks occurring on or after July 1, 2007, a "governmental entity" may not be required to pay more than $300,000 for any one person injured in an auto wreck or more than $700,000 for all people injured in a wreck.

March 16, 2011

How Much Time Do I Have to File A Lawsuit Against The Federal Government?

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

I believe that I was a victim of medical malpractice in the VA hospital in Nashville. How much time do I have to file a medical malpractice claim against the VA?

You cannot file suit without first filing a claim. Generally, the claim must be filed in writing using the appropriate forms and paperwork within two years of the time after the accident or injury. The claim must be filed with the appropriate federal agency.

The government then has six months to evaluate the claim. It may try to settle the case, or it may deny the claim. When the government denies a claim the claimant then has a right to file suit in federal court. If the government does not deny or settle the claim within six months you can deem the claim denied and file suit in federal court.

March 6, 2011

Can I Sue the Federal Government?

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

I was in a car wreck caused by a driver who was driving a car owned by the Department of Defense. The other driver told me that she was going to a business meeting in Nashville. The wreck occurred on Interstate 40 near Mt. Juliet. Can I sue the federal government and recover damages for the injuries I received?

Yes, although there is a special law that governs the rights of people to sue the federal government for the acts and omissions of its employees. Tennessee rules of evidence and procedure do not apply to these cases, although the Tennessee driving laws will apply.

The special law that governs the process for this type of case is called the Federal Tort Claims Act ("FTCA"). The FTCA became law in 1946 and is the mechanism for compensating people injured by the negligence of federal employees. The appropriate federal agency must be given notice of the claim on an approved form and, if the case is not settled, the case must be filed in federal court. The trial is a non-jury trial.

December 7, 2010

Suing the State of Tennessee

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

I was injured by the negligence of a state of Tennessee employee. Can I sue the employee or the State?

The State will be responsible for the employee’s negligence under two conditions. First, the employee must have been acting in the course and scope of his or her employment at the time of the negligent act or omission. Second, the State must have given permission to have been sued in the particular type of circumstance where the negligence has occurred.

That last condition is a little confusing. The State cannot be sued without permission, but it has given permission in advance to be sued for a number of types of cases. For instance, if a state employee runs a red light and causes a traffic wreck while on the business of the State the State has given permission to be sued. There are a laundry-list of other circumstances in which the State has given permission to be sued.

November 18, 2010

I Was Hit By A Police Car!

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

I was driving to work in Franklin, Tennessee. A police car driven by an officer who was on-duty ran a red light and hit my car. I had to go to the hospital in an ambulance and spent three days in the hospital. Can I sue the police officer?

No, you cannot sue the police officer. Tennessee law does not permit you to sue a government employee who negligently caused an automobile wreck while he or she was on-duty.

However, you can sue the governmental entity that employed the police officer, and it is responsible for the harm caused by the police officer if he or she is found to be negligent. There are special laws that limit the liability of governmental entities that cause harm to their citizens in automobile wrecks and other types of personal injury cases, but an experienced personal injury lawyer can guide you through this process.

November 12, 2010

Can I Require the Insurance Company to Pay Interest on My Personal Injury or Wrongful Death Settlement?

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

I was hurt in a car wreck six months ago. It wasn’t my fault. I have been waiting for over a year for the case to settle. I lost three months of wages and have had to pay some medical bills that were not covered by my health insurance. Can I get the insurance company to pay interest on my settlement? It doesn’t seem fair that they can delay my settlement and not have to pay interest.

Not under Tennessee law. Tennessee law does not permit the recovery of interest in personal injury or wrongful death lawsuits.

The only exception to this rule is if you win a case and a judgment is entered by the court you are permitted to recover interest. Interest accrues at the rate of 10% per year on the amount of the judgment that is unpaid.

October 21, 2010

Can I Make the Other Driver Responsible for My Medical Bills for Life?

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

I was hurt in a car wreck. My back and leg were injuried. I don’t need surgery right now but who knows what will happen 10 years from now. Can I settle my case for my medical bills, my lost wages, and my pain and suffering and an agreement that the at-fault driver will pay my future medical bills if I have any?

You can try, but in 29 years as a lawyer I have never seen the argument work. If the at-fault driver’s insurance company believes that its driver is at fault and they want to settle the case, they want to settle all personal injury-related claims at one time. (They will usually settle property damage claims seperately.) They will not agree to leave open the issue of future medical expenses.

Thus, if a doctor says you will probably need a future surgery because of the injuries you sustained in the wreck, the cost of that surgery and related damages can be part of settlement negotiations. If the doctor says that future surgery is possible, then the amount of the possible surgery cannot be included. If there is a trial, the court will allow testimony only on whether a future surgery is probable and, if a doctor says it is, then the court will allow presentation of evidence on the cost of the surgery and related damages.

October 11, 2010

How Quickly Will My Case Settle?

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

I was in a car wreck about 6 months ago. The other driver admitted fault. My medical bills are about $25,000. I have been released by my doctor. My lost wages are $2000. How quickly will my case settle?

At the outset you need to understand that your case may not settle at all. In Tennessee the insurance company does not have a duty to settle your case and in fact does not even owe you a duty to fairly evaluate your case. It can settle a case, or not settle a case, on whatever schedule it wants to put in place.

However, if the insurance company wants to settle the case it needs to have information from your lawyer. At an absolute minimum, the company needs the accident report, your medical records and bills, perhaps some of your previous medical records, proof of lost wages from your employer, and an understanding of how the injuries have impacted your life. To the extent you claim a permanent injury, future medical expenses, future loss of earning capacity, or other damages, the insurance company will need proof of that.

October 4, 2010

There Was No Guardrail and I Went Off the Mountain!

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

I was driving in East Tennessee. A big truck came over the center-line into my lane and I swerved to avoid it. I lost control and went off the mountain. My friend who was in the car behind me saw the whole thing. He told me that I went through a hole in the guardrail and that the hole had been caused by another wreck nine months earlier that the State of Tennessee had never repaired. What are my rights?

First, if you can identify the trucking company and truck driver you would have a claim against them for crossing the center-line and forcing you off the road.

Second, even if you can’t identify the trucking company, you may have a uninsured motorist claim that you can assert against your own insurance company. Tennessee law permits you to make a claim on your own insurance when an unknown driver (called a "John Doe" driver) negligently causes a wreck. The fact that your friend saw the wreck is critical to being able to prove this claim.