Injury Cases

December 6, 2011

Burn Injuries From Instant Soups – Is There a Products Liability Claim?

Instant soups are causing serious burn injuries, particularly to children.

A recent report by NPR reveals that instant soups are dangerous because of the way the cups are designed. The cups are tall, lightweight, and have an unstable base that makes them tip over easily.

NPR "learned that [burns from instant soups" is a common phenomenon, with children being the most frequent victims. Eight of the 12 hospitals said they see the injury several times a week. One hospital located in Washington D.C. says they regularly see 5-6 patients a week with the injury, especially during the colder months."

December 6, 2011

Another Operating Room Fire

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

We wrote about fires in the operating room just a few weeks ago. Now, it has happened again, this time to a woman who has having surgery in a Florida operating room.

Our earlier post about operating room fires contained lots of information how the 650 or so operating room fires could be avoided. These incidents are an outrage, and the fact that they continue to occur is an outrage.

If you or a family member are injured in an operating room fire, please contact our office for a free consultation. John Day has been representing Tennessee medical malpractice victims for over 30 years.

October 4, 2011

Lawyer Did Not Respond To Motion For Summary Judgment And I Lost. Can I Sue Her?

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

I had a case pending in Circuit Court in one of the counties in Middle Tennessee. The defendant filed a motion for summary judgment and my lawyer forgot to respond on time so the judge dismissed my case. Can I sue my lawyer for not filing papers on time to keep my case alive?

Assuming that your lawyer had proper, timely notice of the motion for summary judgment and she was still representing you at the time the papers were due, she should have filed a response to the motion for summary judgment assuming that there was a good faith reason to oppose it. A lawyer cannot oppose a motion unless there is a good faith basis in the facts and / or the law to oppose it.

If you sue the lawyer, you will have to prove that (a) the lawyer should have filed on response; (b) the failure to file a response caused you to lose the motion; (c) if the case had not been dismissed you would have won the case; and (d) the amount of damages you would have won.

August 9, 2011

How Many Jurors Must Agree in a Slip and Fall Accident Case?

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

I am involved in a slip and fall accident case in Tennessee state court . How many jurors must agree to a given result?

Unless the parties to the lawsuit agree otherwise, twelve jurors will decide the case and all twelve must find in favor of the plaintiff (the person bringing the lawsuit) or the defendant (the person or entity that has been sued.) If less than twelve people agree on the outcome, the judge will declare a mistrial and the case will have to be tried again.

June 28, 2011

What Happens When a Lawyer Messes Up?

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

My lawyer missed the deadline for filing my lawsuit. What are my rights?

You may well have a case against your lawyer. To prove that case, you have to prove that the lawyer should have filed the case on time and, if he or she had done so, you would have prevailed in the case.

So, you really have two separate cases. First, you have to prove the lawyer’s error. Second, you have to prove that you would have won the underlying case and the the amount of damages you would have won. If your original case had no merit, your case against the lawyer will not be successful. Why? Because the lawyer’s failure to file your case on time did not cause you any damage – you would have lost the case anywhere.

May 24, 2011

My Lawyer Messed Up And Did Not File Lawsuit on Time!

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

I was hurt in a car wreck in Lebanon, Tennessee last year. I hired a lawyer two months after the wreck. He called me last week, and told me he forgot to file my lawsuit on time. He said he filed it late and hopes that the other side won’t say anything but that if they figure it out my case will be dismissed. What do I do now?

Your lawyer did the right thing by telling you that he made an error. The failure to file a lawsuit within the one year period required by Tennessee law is legal negligence absent extraordinary circumstances not apparent from your question.

You need to hire a different lawyer to help you evaluate your case and, if necessary and appropriate, assert a claim against the lawyer. To prove your case, you will need to prove that the lawyer committed malpractice by not filing the case on time. You will also need to prove that more likely than not you would have won the underlying case (the care wreck case). Lawyers refer to this second case as "the case within the case."

May 13, 2011

Sexual Relationship With Therapist

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

I have been seeing a social worker for martial problems. The therapist asked me all sorts of questions about my sexual history and found out that I had been raped when I was in college and that I have had a bunch of issues with sex since then. He came on to me and we have had a sexual relationship for the past four months. My husband just found out about it and is furious. I am now seeing a psychologist and having a bad time. The psychologist has said that it was professionally inappropriate for the social worker to have a sexual relationship with me. What are my legal rights?

Tennessee law would permit you to bring a malpractice case against the therapist for his conduct. You would have to prove that it was inappropriate for the therapist to have a sexual relationship with you, and would need the testimony of another therapist to establish that (unless the therapist admitted was he did was wrong).

The issues in these cases can become very complex. If you want to pursue this matter, contact an experienced lawyer as soon as possible. Tennessee has deadlines for taking legal action in this type of case.

May 4, 2011

Suing A Tennessee Lawyer for Legal Malpractice

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

I was hurt in a car wreck in Carthage, Tennessee last year. I hired a lawyer one month after the wreck. She called me last week, and told me she forgot to file my lawsuit on time. She said he filed it late and hopes that the other side won’t say anything but that if they figure it out my case will be dismissed. What do I do now?

Your lawyer did the right thing by telling you that she made an error. The failure to file a lawsuit within the one year period required by Tennessee law is legal negligence absent extraordinary circumstances not apparent from your question.

You need to hire a different lawyer to help you evaluate your case and, if necessary and appropriate, assert a claim against the lawyer. To prove your case, you will need to prove that the lawyer committed malpractice by not filing the case on time. You will also need to prove that more likely than not you would have won the underlying case (the care wreck case). Lawyers refer to this second case as "the case within the case."

February 9, 2011

Can I Hire an Out-of-State Lawyer for a Medical Malpractice Claim?

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

I think I have a medical malpractice claim in Tennessee. I live in Tennessee and the malpractice occurred in Tennessee. Can I hire an out-of-state lawyer to represent me in this case?

Yes, although the out-of-state lawyer must either have a Tennessee law license or must work with a Tennessee lawyer on the case.

The more important question is why would you hire an out-of-state lawyer to represent you? There is a real advantage to hiring a lawyer who is familiar with Tennessee law (the law of every state is a little different, and Tennessee has some very unusual aspects to its medical malpractice law) and who knows the way our legal system works. There are some very good medical malpractice lawyers in this state who have experience in a wide variety of medical malpractice cases, and thus it rarely makes sense to go to the trouble of finding an out-of-state lawyer to work on a case.

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.