Articles Posted in Damages in Personal Injury Cases

by

When I got hurt in a car wreck I missed  three weeks of work but still received my normal pay because of accumulated sick time. Can I still ask the person who caused the car wreck to pay me for the time I missed from work ?

Yes. Under current Tennessee law, the law says that a person who caused the wreck and your injuries should not get the benefit of your employer’s sick leave policy. Thus, under what is known as the “collateral source rule,” the fact that you collected sick pay does not impact your right to collect for those “lost” wages in a settlement or trial. 

You will need a statement from your employer listing the days you missed work as a result of injury to help the other driver’s insurance company evaluate your claim.

by

My income tax returns do not include income from a second job I have been working over the last few years.  I was hurt in a wreck and missed 6 weeks of work from both jobs.  Am I going to be able to recover my lost income from both jobs?

You might, but if you push too hard you may find yourself in the situation where the IRS finds out that you are been cheating on your taxes and you may face criminal and civil penalties for your failure to report income.   Also, if the jury finds out that you have not been paying taxes as you should it may hurt your case.

Defendants in cases frequently ask for income tax returns to prove loss of earnings claims, and it your income is not reported it makes it very difficult to recover it.  This is often a problem in cases involving small business owners, who all too often understate their income and overstate their expenses in an effort to reduce their taxes.  Doing so is not only illegal but also hurts your ability to prove your true damages in a personal injury or wrongful death case.

Continue reading

by

My son was hurt in a wreck with a big truck.   He had a severe injury to his knee and is missing the basketball season. He is the best player on his sixth grade team. I worry that he will never be able to play professional basketball. Can he receive damages for the loss of income from a professional basketball salary and endorsements?

Questions like this are quite frequent. Tennessee law says that damages must be reasonably certain and not speculative.    Damages need not be proven beyond a reasonable doubt, but the damages sought must be reasonably likely to occur because of the defendant’s negligence.

It would be very difficult to prove that a sixth grader would have played professional basketball.   It is possible – almost all professional basketball ball players played basketball in sixth grade and, if I had to guess, most of them were better-than-average players in sixth grade. 

Continue reading

by

 Why do I have to get released from medical care before my case can go to trial?

There is no law that says you must.  However, most lawyers would agree that in cases where there is an injury that is likely to completely heal or one that will reach a certain stable level within a reasonable period of time it makes sense to not have a trial until the doctor says you have reached “maximum medical recovery.”

This is necessary because a jury must be able to determine whether it is likely you are going to have permanent injuries and whether those injuries will affect your income. Also, it is important that the jury have a handle on your medical bills, and it you are still actively seeking treatment it will be difficult to get a grasp on the amount of the bills you will incur.

Continue reading

by

 I got hurt in a car wreck. What is the average jury verdict in car wreck cases in Tennessee?

I can give you that number, but it is meaningless.

Why do I say that? Assume there were just two car wreck verdicts in Tennessee in 2009. One was a case where the person who filed suit had no treatment in the emergency room, $3000 in chiropractic treatment, and a history of prior neck and back pain. Assume that the verdict in that case was $3500.

Continue reading

by

I live in Tennessee and was badly hurt in a car wreck in Tennessee.   My medical bills for the injuries received in the wreck exceed $100,000.   The driver who caused the wreck only has $25,000 in liability insurance and I have the same amount in uninsured / underinsured motorist coverage.  What are my rights?

You have the right to go to trial, prove the fault of the driver who caused the wreck, prove the nature and extent of your damages, and let a judge or jury decide the value of your case.   If the value of the case exceeds the amount of insurance that the at-fault  driver has (and it would under the facts you have stated above) you can attempt to collect the extra amount from the driver who caused the wreck.

Under Tennessee law, you will not be able to collect to collect any monies from you uninsured / underinsured motorist carrier because the amount of insurance the at-fault driver is equal to your UM / UIM coverage.  The law of some states would permit you to collect money from your own insurance company under these circumstances, but not if the UM / UIM policy was issued in Tennessee.

Continue reading

by

 I was injured in a car wreck – it wasn’t my fault. I own my own business and I have missed a lot of work. Am I going to be able to recover damages for the impact of the wreck on my business?

One of the biggest challenges of a personal injury lawyer is representing self-employed people in personal injury cases. It can be very difficult to prove the loss of income of self-employed people, but the task is made easier by having a long history of earnings, good records of receipts and expenses, and injuries that are significant enough that a jury (or insurance adjuster) can clearly understand how the injuries impact the business.

Other than these basic statements, whether the loss can be shown will depend on the facts of each case. An experienced personal injury lawyer will give you guidance on how to document your losses as best you can.

by

I was in a car accident and broke my wrist.  My health insurance paid my medical expenses.  I sued the driver that caused the wreck and received a settlement for $75,000.   My lawyer says I have to re-pay my health insurance company out of my settlement.  Is that correct?

It almost certainly is correct.  My health insurance companies have a provision in their contract with you that if you incur medical expenses and later recover those expenses from the person who caused you to get hurt and incur the expense you must re-pay the insurance company.  

There are some exceptions to this rule.  An experienced personal injury lawyer can help you determine whether you have the obligation to re-pay your health insurance company and whether there is a way for you to reduce the amount you are otherwise obligated to pay it.

by

 I have a personal injury case and I don’t think my doctor is listening to me. Should I get a second opinion?

Talk to your lawyer before you get a second opinion.    An experienced lawyer will have some knowledge of the doctor’s reputation and, after looking at the medical records, have a good idea whether the doctor is doing what he or she can to help you. Sometimes, there is nothing a doctor can do to help, and changing doctors only complicates your case.

That being said, both you and your lawyer want you to reach as full of recovery as you can.   You may need to consult with another doctor to either reach that recovery or to have confidence that everything is being done for you that can be done,  However,  it is best to consult with your lawyer before seeking a second opinion.

Contact Information
Brentwood Office
Mailing Address
5141 Virginia Way, #270
Brentwood, TN 37027
Toll Free: 866.812.8787
Phone: 615.742.4880
Fax: 615.742.4881
Nashville Office
810 Dominican Dr #315
Nashville, TN 37228
Toll Free: 866.812.8787
Phone: 615.669.3993
Fax: 615.742.4881
Murfreesboro Office
1639 Medical Center Pkwy #105
Murfreesboro, TN 37129
Toll Free: 866.812.8787
Phone: 615.867.9900
Fax: 615.742.4881
This is a paid legal advertisement.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2015 – 2025, The Law Offices of John Day, P.C.
JUSTIA Law Firm Blog Design