Child Injuries and Death

September 28, 2012

Claims Against the State of Tennessee for Injuries and Death to Children in Its Care, Custody or Control

Tennesseans have been surprised to learn that thirty-one children who had interaction with the Tennessee Department of Children’s Services have died this year. Apparently, 202 children that DCS officials said died in two previous years after having had some interaction with the agency when they were alive.

According to the Tennessean, DCS data revealed that 10 infants who died were the subjects of open case files by DCS workers died between January and June, 2012. An additional 17 children died who had been investigated by DCS in the past. Four children died in state custody during the same time period.

DCS is alleged to have violated the law by failing to report these deaths, according to an article in the Tennessean.

August 31, 2012

Injuries To Children From Riding in the Back of Pick-Up Trucks

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

Tennessee law provides that it is illegal for children under the age of 6 to ride in the bed of 3/4 quarter ton or less pick-up trucks while the trucks are being operated on any local, county or state road.

Exceptions are made for parades and similar events if the speed of the truck is less than twenty miles per hour and when the child is in the truck bed in connection with agricultural activities.

Tennessee counties are given the express right to enact ordinances to raise the age limit from 6 years of age to 12.

August 16, 2012

Bumbo Baby Seats Recalled – Baby Skull Fracture Risk

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

Nearly two dozen infant children have received skull fractures as a result of a problem with Bumbo Baby Seats (photo).. The Consumer Product Safety Commission says that babies can wiggle out of the seats, fall and be harmed.

The Bumbo seats were sold at Babies R Us, Target, Walmart, and other retailers between August 2003 and August 2012. Now, some 4 millions seats have been recalled.

About one million of the seats were recalled in October 2007. This recall was made to place additional warning labels on the seats to warn of the risk of placing the seats on raised surfaces.

August 7, 2012

Damages Available in A Child Sexual Abuse Case in Tennessee

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

Child sex abuse victims in Tennessee may recover damages against the abuser for the following types of losses:

medical expenses
lost wages (if any)
pain
suffering
disfigurement
disability
loss of enjoyment of life.

If the injuries result in future or permanent physical or emotional problems, additional damages may be recovered for

August 5, 2012

Deadlines For Tennessee Personal Injury Claims for Children

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

As Tennessee personal injury lawyers who represent children who have been harmed by the negligence of others, we are frequently asked how quickly parents must act to protect the legal rights of their children.

Under the law in Tennessee, there are time limits on which any person can bring a lawsuit against another. The general rule is that a child has until one year after his or her eighteenth birthday to bring a lawsuit to recover for a personal injury. Some people argue, however, that a parent’s claim for medical expenses incurred on behalf of the child must be filed by the parent within one year of the incident causing the injury, and thus it makes sense to consult with a lawyer promptly about any injury to your child that you believe was caused by someone else’s negligence.

The rule described above also applies if your child was a victim of sexual abuse in Tennessee.

June 13, 2012

Brain Injury During Childbirth – Deadline for Legal Action

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

Almost every day in Tennessee a child is born that suffered a brain injury during childbirth. Brain injuries can arise for many reasons, some of which can be prevented with prompt medical diagnosis and treatment and some of which cannot.

If you have a child you have suffered a brain injury during childbirth, it is important that you promptly contact an experienced Tennessee birth injury lawyer. Tennessee law provides that any lawsuit for birth injuries to a child must be commenced before the three-year anniversary of the act causing the injury. The failure to file statutory notice and file a lawsuit within the time period required will result in a loss of rights.

If the injury results in the death of the child, the lawsuit must be filed within one year of act causing the injury that later resulted in the death of the child. Contrary to the thoughts of some, the deadline is not one year from the date of death.

May 12, 2012

Golf Carts on Public Streets Not Only Illegal But Unsafe

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

Two recent tragedies in Middle Tennessee remind us that golf carts have no place on public streets.

One fifteen year old boy was killed (and several other youths hurt) in one incident and three girls were hurt in a separate incident.

People use golf carts to get around neighborhoods, using public streets to do so. They assume that the golf carts are safe because they operate at relatively low speeds.

February 6, 2012

Child Abuse Exacts Heavy Toll

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

Child abuse injuries resulted in 4,500 hospitalizations and 300 fatalities in just one year in the United States, researchers from Yale School of Medicine reported in the journal Pediatrics. This is the first study that has quantified abuse severity and how many children ended up in hospital, the authors added.

The researchers found that

4,569 kids where admitted to hospital in 2006 because of serious abuse
300 of them did not survive
Those at the highest risk of being hospitalized were aged twelve months or less (58.2 per 100,000 kids compared to the average 6.2 per 100,000)

Child abuse can give rise to both criminal and civil liability. An abuser can be held liable for monetary damages for the harm caused by the abuse, including medical bills, pain and suffering, disability, disfigurement, lost earning capacity, and loss of enjoyment of life. Abuse so severe that it causes death of the child can also result in liability for damages.

October 3, 2011

Is There A Limit on Punitive Damages in Tennessee Personal Injury and Wrongful Death Cases?

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

Does Tennessee have any limits on punitive damages in personal injury and wrongful death cases?

Yes, for all injuries and deaths that occur as a result of reckless or malicious acts on or after October 1, 2011.

Under the new law, punitive damages are limited to $500,000 or two times the compensatory damages awarded in the case, whichever is more. Punitive damages are not limited in cases involving those who cause harm while under the influence of drugs and alcohol and those who intend to cause physical injury. Punitive damages are prohibited in certain other types of cases.

August 19, 2011

Should I Hire A Lawyer Who Says She Has An “In” With the Judge?

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

My 8-year old daughter was killed in a car wreck six months ago. I have been avoiding it forever but I need to hire a lawyer. I go to church with a lawyer and she says she can do a great job for me because she has a special relationship with the judge. That seems important to me. Should I hire her?

No. Lawyers who say such things are scumbags. 99.9% of judges would never allow their personal feelings for a lawyer to directly affect the outcome of the case. To do so would be unethical, and 99.9% of judges would never consider acting in such a fashion.

It is true, of course, that judges tend to respect lawyers who are prepared, who show up to court on time, who understand law and court procedure, and who answer the judge’s questions directly and honestly. And judges, like every other human, would tend to more readily accept the word of a lawyer who earned respect than a lawyer who demonstrated that he or she was not entitled to respect. But disregard the facts or the law simply because of a personal relationship? No, it rarely happens.