Damages in Personal Injury Cases

January 21, 2011

What Damages Are Recoverable in a Trucking Accident Claim?

My husband was badly hurt in an accident with a tractor-trailer inTennessee. What damages are available in a trucking accident claim?

Your husband has what is known as a personal injury claim. In a personal injury cases, you can recover monetary damages for past and future medical bills incurred because of the injuries, past and future physical pain and suffering, past and future mental or emotional pain and suffering, loss of earning capacity, disability, lost capacity for the enjoyment of life, and disfigurement.

A significant part of many personal injury claims in the recovery of the reasonable medical bills necessarily incurred as a result of the incident. To the extent that the injuries likely require on-going medical bills in the future, those future medical expenses can also be recovered.

January 17, 2011

What Happens If I Lose An Amount at Trial Greater Than My Insurance Coverage?

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

I caused a car wreck and the other party was hurt. I really don’t know how badly she was hurt but her medical bills are $40,000. The case goes to trial in about 3 weeks. My lawyer, who was hired by my insurance company, says that the case will probably go to trial because the person who got hurt wants $125,000 to settle the case and the insurance company has only offered $80,000. I only have $100,000 of insurance for this wreck. What happens if the case goes to trial and the jury awards the lady who got hurt more than $100,000?

If the jury awards, say, $120,000 your insurance company will have to pay $100,000 and you will have the responsibility of paying the last $20,000.

When you are sued for more than your insurance policy limits you should typically seek the input of a private lawyer to help you make sure that your insurance company is treating you fairly. Your company has a duty to fairly evaluate claims against you to protect you from an excess judgment. I do not have enough information to say if your insurance company is treating you fairly in this case but I would suggest that you seek the advice of a competent lawyer as soon as possible.

January 14, 2011

How Much Money Can You Ask For in a Lawsuit?

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

I was hurt in a personal injury case. I have hired a lawyer and he has filed a lawsuit for me. How much money can I ask for?

You have asked a question that is impossible to answer with the information you have given. What were your injuries? What were your medical bills? Are you likely to have future medical bills as a result of your injuries? Did you lose any income as a result of your injuries? Do your injuries impact your future earning capacity? How have the injuries affected your ability to enjoy your life?

There are many more questions that have to be answered. Here are just a few. How old are you? Do you have any other medical conditions that affect the quality or length of your life? What was your level of physical activity before you injury? Where did the injury happen? Where will your case be tried? How did you get injured? Who caused your injuries? Who is the adverse lawyer?

December 24, 2010

Will I Get More Money For My Personal Injury Case If I Get Surgery?

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

I was in a car wreck six months ago. The wreck was not my fault. I had a back injury and now the doctor says I need surgery. The surgery will cost $40,000. I don’t really want surgery, but the pain is pretty bad and the doctor says it will get worse. Will I get more money for my personal injury case against the other driver if I have the surgery?

Well, I really do not think that should be a factor in whether or not you have surgery. You should have surgery based on medical advice. If you do not agree with your doctor’s opinion, seek the opinion of another doctor. But, make a decision about surgery based on whether or not you need surgery, not whether or not it will impact your case.

If you have surgery and the surgery is determined to have become necessary because of injuries in the wreck, the jury can and should include the cost of that surgery in the wreck. It can and should also include pain and suffering caused by the surgery and the wages you lost from work during the surgery and recovery process.

December 2, 2010

Is There A Cap on Damages In Tennessee?

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

Some states place a cap on damages in personal injury and wrongful death cases. Does Tennessee?

No, with a couple of exceptions. At the present time, Tennessee does not cap damages in any type of personal injury or wrongful death cases except cases filed against state and local governmental entites. There are no caps against people or non-governmental entites.

The amount of damages in any case is determined by a judge or, if a jury is requested, a jury. If a jury is requested, the judge reviews the jury’s decision after the trial and can lower or increase the amount of damages. Damages are rarely increased.

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.

November 9, 2010

Why Do I Have to Document My Lost Wages?

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

I was hurt when I fell in on a slippery floor in a grocery store. I broke my right leg. I missed ten weeks of work on my construction job. My lawyer says that we need a statement from my employer stating that I missed ten weeks of work and indicating how much money I would have made had I worked. Why is that necessary? I don’t want to hassle my boss with this.

Insurance companies need documentation to evaluate personal injury cases because some people don’t tell the truth about what happened to them or how the injuries they suffered cost them money. The claims adjuster for the insurance company has to make sure that his or her file demonstrates that they did a good job gathering evidence to properly evaluate the claim. This includes seeking information from other people, like your boss, to back up what you say.

I am sure that you are telling the truth about the time you missed from work. The insurance adjuster may think you are, too. But the adjuster needs to be able to prove to his or her boss that your claim was thoroughly and properly evaluated, and that is why documentation is necessary. The files of insurance adjusters are evaluated from time-to-time by auditors to make sure that they are not handing out the company’s money without good reason, and thus the insurance adjusters want to make sure that their files reflect a reasonable basis for the decision they made to settle the claim.

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 18, 2010

I Might Need Surgery!

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

I was hurt in a boating accident. It was the other guy’s fault. The doctor said that as I result of my injuries I might need knee surgery one day. Can I recover damages for the cost of that surgery?

You can recover damages for a future surgery only if a doctor says it is reasonably likely to occur. If the surgery is merely possible or might happen, the law of Tennessee does not permit you to ask a judge or jury to award damages for the cost of that surgery.

October 5, 2010

How Does A Jury Know What My Future Medical Bills Will Be?

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

I broke my hip in a fall-down accident at a local store. The company wouldn’t settle me so I filed a lawsuit. The doctor said I might need a hip replacement in the future. How will a jury award me damages for this surgery?

Well, first you have to win your case. That is, you will have to prove by a preponderance of the evidence that the store caused the dangerous condition or knew or should have known of the existence of the dangerous condition and failed to rectify it.

If you prove the fault of the store, then you can recover your past and future medical expenses (and other types of damages). However, you can recover future medical expenses only if a doctor says that it is more likely than not that you will need hip replacement surgery. If the doctor says that, the jury can consider the cost of the future surgery, which will come from the testimony of the doctor or another witness.