Damages in Personal Injury Cases

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.

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

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

February 8, 2022

Incredible Advancement for Spinal Cord Injury Victims and Its Impact on Litigation

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

In 2017, Michel Roccati was involved in a motorcycle accident. His spinal cord was completely severed and he was rendered paraplegic. Recently, doctors implanted an electrode in his spine and he is now able to walk again, and not just a few steps with lots of assistance, but a mile with a simple rolling walker. This could be a game-changer for people who suffer paraplegic and quadriplegic injuries in car, motorcycle, truck and other types of accidents. In the meantime, how could this change the lawsuits and recoveries arising from those accidents? 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

June 10, 2020

June 11th – National Make Life Beautiful Day

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

Well, we could all certainly use some more beauty in our lives these days. We often think of beauty as a physical attribute but it is so much more. Kindness is beautiful, justice is beautiful, truth is beautiful, courage is beautiful and so many more things. In honor of National Make Life Beautiful Day, we wanted to announce another give-away from our office. On June 27^th, we are going to be giving away 1,000 washable cloth masks from the parking lot of our Murfreesboro office. Just drive through and get a free mask. More details are below. In addition, below are some easy suggestions on how you could make life beautiful tomorrow, and we would love for you to comment with some suggestions of your own. Continue reading

February 11, 2020

Breast Implant Injuries Caused by Accidents

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

Each year in the United States, more than 400,000 women will choose to have breast implants. Seventy-five percent of those surgeries are performed on healthy breasts for aesthetic reasons, and the remaining twenty-five percent are performed following mastectomies. Regardless of the reason, breast implants can either be ruptured or displaced in an accident and, depending upon the circumstances, you might not know it for some time. If you or a loved one has breast implants, read on to find out what to do following an accident. Continue reading