Damages in Personal Injury Cases

September 27, 2012

Damages Recoverable for Personal Injuries from in Tennessee Car Accidents

A person who suffers an injury in Tennessee automobile accident as a result of the negligence of another person has a right to recover damages for their injuries. As a Tennessee car accident attorney i am fortunate to have represented many people who have been injured in car and truck accidents.

Tennessee law provides that a car or truck accident injury victim can recover damages for the following:

medical expenses
lost wages
pain
suffering
disfigurement
disability
loss of enjoyment of life.

If the injury received in the car or truck accident results in future or permanent physical or emotional problems, additional damages may be recovered for

September 10, 2012

Mediation in Tennessee Personal Injury and Wrongful Death Cases

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

A mediation is formal method used to settle disputes of any kinds, including personal injury and wrongful death cases.

Mediation usually consists of each side of the lawsuit sitting down with a person who has no particular interest in the outcome of the case (the mediator) and trying to resolve their dispute. The mediator may be a judge or a private citizen. In Tennessee personal injury and wrongful death cases the mediator is a judge (not the judge that will hear the case) or a lawyer with special mediation training.

Mediation can be ordered by the court or it can be agreed to by the parties to the case.

September 6, 2012

Is Pre-Judgment Interest Payable in Tennessee Personal Injury and Wrongful Death Cases?

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

No. 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 set by Tennessee statute per year on the amount of the judgment that is unpaid. The Tennessee General Assembly just lowered the amount of post-judgment interest, saving money for insurance companies and others.

The current post-judgment interest rate in Tennessee is 5.25%. Under the former law, the interest rate was 10%. The law changed July 1, 2012/

August 21, 2012

Jury Trial Results in Nashville and Davidson County, Tennessee for June 2012

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

There were only five jury trials in Nashville and Davidson County Tennessee in June, 2012.

Here are the results:

There were 4 automobile liability cases. The plaintiff won two of the trials ($73,755 in one case and $18,000 in the other case). In the second of these cases the defendant did not show up at trial so the plaintiff tried an uncontested case.

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 1, 2012

Recovery of Damages For Lost Wages in Personal Injury Cases

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

Tennessee law permits the recovery of lost wages in Tennessee automobile accident cases, truck accident cases, medical malpractice cases, and all other types of Tennessee personal injury claims.

Technically, the measurement of damages is referred to as "lost earning capacity." This phrase is used in recognition of the fact that some people are, for whatever reason, under-employed at the time of their injury. Thus, at least in theory, a claim for loss of earning capacity is not limited to damages as suggested by the victim’s current wages.

If the incident causes a permanent injury, the victim can also recover damages for lost future earning capacity. Many times, expert witnesses must be employed to evaluate and quantify loss of future earning capacity.

July 31, 2012

Damages in Medical Malpractice (Health Care Liability) Cases in Tennessee That Result in a Personal Injury

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

A person who suffers an injury giving rise to a Tennessee medical malpractice (now known as a health care liability) case has a right to recover damages for their injuries. As a Tennessee medical malpractice attorney i am fortunate to have represented many people who have been injured as a result of an error by a health care provider.

Tennessee law provides that a medical malpractice victim can recover damages for the following:

medical expenses
lost wages
pain
suffering
disfigurement
disability
loss of enjoyment of life.

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

July 4, 2012

Damages in Car Accident Cases in Tennessee

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

A person who suffers an injury in Tennessee automobile or truck accident as a result of the negligence of another person has a right to recover damages for their injuries. As a Tennessee car accident attorney i am fortunate to have represented many people who have been injured in car and truck accidents.

Tennessee law provides that a car or truck accident injury victim can recover damages for the following:

medical expenses
lost wages
pain
suffering
disfigurement
disability
loss of enjoyment of life.

If the injury received in the car or truck accident results in future or permanent physical or emotional problems, additional damages may be recovered for

June 14, 2012

Damages in Burn Injury Cases in Tennessee

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

A person who suffers a burn injury in Tennessee as a result of the negligence of another person has a right to recover damages for their injuries. As Tennessee burn injury lawyers, we have represented many people who received burns in a variety of settings.

Tennessee law provides that a burn injury victim can recover damages for the following:

medical expenses
lost wages
pain
suffering
disfigurement
disability
loss of enjoyment of life.

If the burn injury results in future or permanent medical problems such as scarring, additional damages may be recovered for

June 10, 2012

How Much Is My Case Worth?

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

Most, but not all, prospective personal injury clients what to know the value of their case when we meet them for an initial interview. This is almost always an impossible question to answer. Let me explain why

Tennessee law of damages in personal injury and in wrongful death cases includes several different factors that must be considered in evaluating a case. (Please see our Legal Guides for a discussion of Tennessee wrongful death damages and Tennessee personal injury damages.) At the time of our first meeting with a potential client, we will lack information about certain of the elements of damages that will permit us to make an informed judgment about the value of a case.

Let me give an example. Assume that a client has a torn rotator cuff and is scheduled for surgery. It is impossible to do a fair evaluation of that case until after the surgery and the physical therapy that will inevitably follow. Why? Because (a) the cost of the surgery and physical therapy is not known; (b) it is unknown whether there will be complications during or after the surgery (for example, a hospital-acquired infection) that will impact your medical expenses and recovery time; (c) your lost wages are not known; and (d) it is not known whether you will have any future limitations in the shoulder, which in turn impacts a claim for future medical bills, future loss of earning capacity, pain,suffering, and loss of enjoyment of life.