Damages in Personal Injury Cases

March 1, 2013

Statistics for Memphis and Shelby County, Tennessee Personal Injury and Wrongful Death Trials 2011-12

The Tennessee Administrative Office of the Courts has released information about Tennessee personal injury and Tennessee wrongful death cases filed in Memphis and Shelby County, Tennessee for the year ended June 30, 2012.

Here is the data;

Total personal injury and wrongful death cases filed in court: – 1768
Total personal injury and wrongful death cases resolved in court – 1958
Total number of cases going to trial – 79
Total number of jury trials – 47
Total number of non-jury trials – 32
Total number of cases in which damages were awarded 50
Total number of cases where damages awarded was between $1 and $99,999 – 35
Total number of cases where damages awarded was between $100,000 and $999,99 – 11
Total number of cases where damages awarded exceeded $1,000,000 – 4
Total damages awarded in all cases – $40,443,910
Average damages awarded – $808,878

These statistics show one of the great flaws of statistics. The total damages awarded figure includes an award of $20,000,000 that was significantly remitted by the trial judge. Thus, the average damages awarded" figure is skewed significantly. Also note that the twenty-nine (29) cases in which the plaintiff received no damages is not included in the "average."

February 28, 2013

Statistics for Knoxville and Knox County, Tennessee Personal Injury and Wrongful Death Cases

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

The Tennessee Administrative Office of the Courts has released information about Tennessee personal injury and Tennessee wrongful death cases filed in Knoxville and Knox County, Tennessee for the year ended June 30, 2012.

Here is the data;

Total personal injury and wrongful death cases filed in court: – 1044
Total personal injury and wrongful death cases resolved in court – 1042
Total number of cases going to trial – 45
Total number of jury trials – 28
Total number of non-jury trials – 17
Total number of cases in which damages were awarded 17 (38%)
Total number of cases where damages awarded was between $1 and $99,999 – 16
Total number of cases where damages awarded was between $100,000 and $999,99 – 0
Total number of cases where damages awarded exceeded $1,000,000 – 1
Total damages awarded in all cases – $1,530,315
Average damages awarded – $90,019

The average success rate for plaintiffs at trial in Tennessee was 38.49% for 2011-12. Thus, the win rate for plaintiffs in Knoville and Knox County was about the same as the statewide-average.

February 27, 2013

Can I Receive Money for Lost Wages If My Employer Allowed Me to Use Sick Time As I Recovered From My Personal Injury Accident?

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

Yes, current Tennessee law permits a person who has been involved in a Tennessee automobile accident or some other type of Tennessee personal injury case to recover money from the at-fault party’s insurance company for time missed from work tor medical reasons. This is true even if the time was paid because the employer permitted the time off to be classified as "sick days" or "vacation days" or "personal leave."

Why? The law in Tennessee currently recognizes that it would be unfair for the at-fault driver to get the financial benefit of the injured party’s hard labor. Vacation, sick and personal days are earned by the employee, and if the employee has to use the days because of a personal injury accident the days used are gone forever. Thus, the law says that the employee can fairly claim the lost wages for each day missed from work even those the employee received wages as benefit of employment.

Click on the link to read more information on the law of damages in Tennessee personal injury cases.

February 26, 2013

Personal Injury and Wrongful Death Lawsuit Statistics for Cookeville and Putnam County, Tennessee

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

The Tennessee Administrative Office of the Courts has released information about Tennessee personal injury and Tennessee wrongful death cases filed in Lebanon and Wilson County, Tennessee for the year ended June 30, 2012.

Here is the data;

Total personal injury and wrongful death cases filed in court: – 126
Total personal injury and wrongful death cases resolved in court – 156
Total number of cases going to trial – 31
Total number of jury trials – 7
Total number of non-jury trials – 24
Total number of cases in which damages were awarded 0 (30%)
Total number of cases where damages awarded was between $1 and $99,999 – 7
Total number of cases where damages awarded was between $100,000 and $999,99 – 0
Total number of cases where damages awarded exceeded $1,000,000 – 2
Total damages awarded in all cases – $21,404,341
Average damages awarded – $2,640,434

The average success rate for plaintiffs at trial in Tennessee was 38.49% for 2011-12. Thus, the win rate for plaintiffs in Cookeville and Putnam County was slightly lower than the statewide-average.

February 22, 2013

Lebanon and Wilson County,Tennessee Personal Injury and Wrongful Death Statistics – 2011-12

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

The Tennessee Administrative Office of the Courts has released information about Tennessee personal injury and Tennessee wrongful death cases filed in Lebanon and Wilson County, Tennessee for the year ended June 30, 2012.

Here is the data;

Total personal injury and wrongful death cases filed in court: – 156
Total personal injury and wrongful death cases resolved in court – 144
Total number of cases going to trial – 4
Total number of jury trials – 2
Total number of non-jury trials – 2
Total number of cases in which damages were awarded 1 (25%)
Total number of cases where damages awarded was between $1 and $99,999 – 0
Total number of cases where damages awarded was between $100,000 and $999,99 – 0
Total number of cases where damages awarded exceeded $1,000,000 – 1
Total damages awarded in all cases – $2,459,878
Average damages awarded – $2,459,878

The average success rate for plaintiffs at trial in Tennessee was 38.49% for 2011-12. Thus, the win rate for plaintiffs in Wilson County was a lower than the statewide-average.

February 21, 2013

Personal Injury Statistics for Sumner County, Tennessee – 2011-12

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

The Tennessee Administrative Office of the Courts has released information about Tennessee personal injury and Tennessee wrongful death cases filed in Hendersonville, Gallatin and the rest of Sumner County, Tennessee for the year ended June 30, 2012.

Here is the data;

Total personal injury and wrongful death cases filed in court: – 220
Total personal injury and wrongful death cases resolved in court – 199
Total number of cases going to trial – 9
Total number of jury trials – 1
Total number of non-jury trials – 8
Total number of cases in which damages were awarded 3 (33.3%)
Total number of cases where damages awarded was between $1 and $99,999 – 1
Total number of cases where damages awarded was between $100,000 and $999,99 – 2
Total number of cases where damages awarded exceeded $1,000,000 – 0
Total damages awarded in all cases – $532,969
Average damages awarded – $177,656

The average success rate for plaintiffs at trial in Tennessee was 38.49% for 2011-12. Thus, the win rate for plaintiffs in Sumner County was a little lower than the statewide-average.

February 20, 2013

Will The At-Fault Driver’s Insurance Company Pay My Future Medical Bills Related to the Accident?

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

Many clients over the last 30 years have asked me this question, and the answer to the question is "no."

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 separately.) They will not agree to leave open the issue of future medical expenses.

Thus, if a medical doctor says you will probably need a future medical treatment because of the injuries you sustained in the wreck, the cost of that medical treatment and related damages can be part of settlement negotiations. If the doctor says that future medical treatment is possible, then the amount of the possible medical treatment cannot be included.

February 19, 2013

Murfreesboro and Rutherford County, Tennessee Personal Injury and Wrongful Death Statistics – 2011-12

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

The Tennessee Administrative Office of the Courts has released information about Tennessee personal injury and Tennessee wrongful death cases filed in Murfreesboro and Rutherford, Tennessee for the year ended June 30, 2012.

Here is the data;

Total personal injury and wrongful death cases filed in court: – 432
Total personal injury and wrongful death cases resolved in court – 566
Total number of cases going to trial – 23
Total number of jury trials – 9
Total number of non-jury trials – 14
Total number of cases in which damages were awarded 6 (26.0%)
Total number of cases where damages awarded was between $1 and $99,999 – 6
Total number of cases where damages awarded was between $100,000 and $999,99 – 0
Total number of cases where damages awarded exceeded $1,000,000 – 0
Total damages awarded in all cases – $209,662
Average damages awarded – $34,944

The judges in Rutherford County are doing a good job of managing their dockets, as evidenced by the fact that more cases are being resolved than are actually being filed. In the 2010-2011 year, 479 cases were filed but only 436 were resolved. The number of trials also dropped from a year earlier- in 2010-11 there were 20 trials (9 of which were jury trials).

February 18, 2013

Personal Injury and Wrongful Death Lawsuit Statistics for Williamson County, Tennessee – 2011-12

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

The Tennessee Administrative Office of the Courts has released information about Tennessee personal injury and wrongful death cases filed and resolved in Williamson County, Tennessee for the year ended June 30, 2012.

Here is the data;

Total personal injury and wrongful death cases filed in court: – 264
Total personal injury and wrongful death cases resolved in court – 240
Total number of cases going to trial – 3
Total number of jury trials – 3
Total number of non-jury trials – 0
Total number of cases in which damages were awarded 1 (33.3%)
Total number of cases where damages awarded was between $1 and $99,999 – 1
Total number of cases where damages awarded was between $100,000 and $999,999 – 0
Total number of cases where damages awarded exceeded $1,000,000 – 0
Total damages awarded in all cases – $2,000
Average damages awarded – $2,000

Shocked? Can’t believe that there aren’t more cases and more trials in Williamson County, a county of $185,000? These numbers are not that unusual – Nashville and Davidson County have more filings (1382) and more trials (69) but remember that it has more interstate highways and other roads (and thus more traffic and more wrecks) and much more other economic activity that can rise to personal injury and wrongful death claims.

February 17, 2013

Nashville and Davidson County, Tennessee Personal Injury and Wrongful Death Statistics for 2011-12

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

The Tennessee Administrative Office of the Courts has released information about Tennessee personal injury and Tennessee wrongful death cases filed in Nashville, Davidson County, Tennessee for the year ended June 30, 2012.

Here is the data;

Total personal injury and wrongful death cases filed in court: – 1,382
Total personal injury and wrongful death cases resolved in court – 1,455
Total number of cases going to trial – 69
Total number of jury trials – 47
Total number of non-jury trials – 22
Total number of cases in which damages were awarded 35 (50.7%)
Total number of cases where damages awarded was between $1 and $99,999 – 26
Total number of cases where damages awarded was between $100,000 and $999,999 – 6
Total number of cases where damages awarded exceeded $1,000,000 – 3
Total damages awarded in all cases – $9,031,623
Average damages awarded – $258,046

There a couple things of note about these numbers. First, you are probably surprised that there are so few cases actually going to trial – only 69 in a year or less than 6 per month. This is not only true in Nashville but across the state – the number of jury trials (and the number of lawsuits filed) has continued to decline.