Injury Cases

December 12, 2012

Deaths of Bicyclists Increase in United States

Deaths of bicyclists increased 8.7 percent in 2011 according to data collected by the National Highway Traffic Safety Administration. The death total was 677. Another 48,000 bicyclists were injured.

The increase in bicycle deaths probably reflects more people riding bicycles to work and for pleasure, said Jonathan Adkins, deputy executive director of the Governors Highway Safety Association, which represents state highway safety agencies.

Motorcycle deaths also rose 2.1 percent, marking the 13th time in the last 14 years that motorcycle rider deaths have risen. Total deaths were 4612.

July 17, 2012

Personal Injury and Wrongful Death Lawsuits Against the State Of Tennessee

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

Suing the State of Tennessee in a personal injury or wrongful death case is different than suing a person or business in a personal injury case. Here are some of the major differences:

1. Formal notice must be given before a lawsuit is filed with the Division of Claims Administration. Failure to give written notice in the correct way will result in the loss of the right to bring a claim. Notice typically must be given within one year of the date of the incident causing injury or death, although this area of the law is very complicated. The actual deadline that applies in your case should be determined by an experienced Tennessee personal injury and wrongful death lawyer who has been made aware of all of the facts.

2. After notice is filed, the injured person must wait 90 days before taking other legal action. The State may settle or deny the claim during this 90-day period. (I have filed claims against the State of Tennessee many times over my 30+ years as a lawyer and they have never settled a claim in this 89 day period.) If the claim is not settled or denied, proper papers must be filed with the Tennessee Claims Commission.

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 13, 2012

Brain Injury During Childbirth – Deadline for Legal Action

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

Almost every day in Tennessee a child is born that suffered a brain injury during childbirth. Brain injuries can arise for many reasons, some of which can be prevented with prompt medical diagnosis and treatment and some of which cannot.

If you have a child you have suffered a brain injury during childbirth, it is important that you promptly contact an experienced Tennessee birth injury lawyer. Tennessee law provides that any lawsuit for birth injuries to a child must be commenced before the three-year anniversary of the act causing the injury. The failure to file statutory notice and file a lawsuit within the time period required will result in a loss of rights.

If the injury results in the death of the child, the lawsuit must be filed within one year of act causing the injury that later resulted in the death of the child. Contrary to the thoughts of some, the deadline is not one year from the date of death.

March 13, 2012

Am I Responsible When Someone is Injuried in My Home?

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

Someone fell at my house and got hurt. Am I responsible for their injuries?

That question is more complicated than it appears. The first advice I would give you is to notify your homeowner’s insurance company and advise them of the incident. If you have insurance coverage on your home the insurance company will investigate the incident for you and hire a lawyer (at its expense) if it becomes necessary.

As I said above, the answer to your question is complicated and depends on the facts. Generally speaking, you are responsible for the injuries only if you created the hazard that caused the injuries or if you knew or should have known about the hazard and did not timely repair it or effectively warn of it.

February 29, 2012

Claims Against Bars and Restaurants That Illegally Serve Obviously Intoxicated Persons

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

The February 24, 2012 Tennessean contains this article about lawsuits against those who illegally serve alcohol to an obviously intoxicated person. The article found its way to Page One mainly because of this horrific accident just a few days earlier, when a person who was allegedly intoxicated drove the wrong way on the Interstate and hit and killed a person.

To suggest that bars and restaurants should not be held responsible for violating the law is ridiculous. The notion of “personal responsibility” doesn’t stop with the drunk driver – it also applies to those who illegally serve obviously intoxicated persons.

There is only one thing wrong with the current law – it is not strong enough to prevent bars and restaurants from serving people to drunkenness and beyond. It is unfair to require the person harmed by such conduct to prove the misdeeds “beyond a reasonable doubt” – a standard usually used for criminal cases. The liquor lobby got special protection for those who have acted illegally, but this law should be repealed and the normal “preponderance of the evidence” standard should be re-instated.

February 22, 2012

Are Tennessee Attorneys Required to Have Malpractice Insurance?

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

Do attorneys in Tennessee have to have legal malpractice insurance?

No. There is no requirement that attorneys in Tennessee have legal malpractice insurance.

However, responsible lawyers purchase malpractice insurance to protect their clients from losing money in the event that the lawyer makes an error. Lawyers, like anyone else, can make errors in the work they do for clients. Most of those errors do not result in any demonstrable loss to their clients, but from time to time errors that cause losses occur. In those cases, malpractice insurance is there to protect the client from financial harm.

December 6, 2011

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

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

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.