Articles Posted in Litigation Process

My lawyer told me that he was going to have to spend a bunch of money to prepare exhibits at trial.  Why is that necessary?

Exhibits are necessary to communicate your case to a jury.  Many things can be communicated by oral testimony, but other matters are best communicated by documents, charts, models, computer generated re-enactments, etc.

Some exhibits – such as computer simulations – can be very expensive.  Other exhibits cost virtually nothing, such as pieces of paper enlarged via video camera on a screen.  

 I am a plaintiff in a Tennessee car wreck case.   I have been told I have to give a deposition.  I am very nervous about it.  Are there any general rules about such things?

Your lawyer will spend several hours preparing you for your deposition.  He or she will thoroughly explain the deposition process and will give you a solid understanding of what is expected of you.

Every lawyer has specific advice for his or her clients about depositions.  These tips were written by the author of the Pennsylvania Law Monitor:

What do attorneys charge for representing a worker in a worker’s compensation injury case in Tennessee?

The typical charge is 20% of the recovery.  The amount of the fee is subject to court approval.

In addition, most lawyers ask to be reimbursed for the expenses they incurred in prosecuting the case.  This includes money paid to court reporters for depositions, fees to doctors, and other expenses.  

I was in a car wreck and have filed a lawsuit.  I hurt my back.  Now the jerk that hit me and his insurance company want to have me examined by a doctor that they hire.  Can they do that?

If your medical well being is in question in a case the opposing party may request that you undergo a medical evaluation by a doctor of their choosing.   That doctor will offer his or her opinion about the nature and extent of your injuries and the impact of those injuries on your later life. That doctor may disagree with your doctor’s opinion as to the nature and extent of your injuries, and the jury will hear from both doctors at trial.  

Under certain occasions, the court may refuse to permit a defense medical examination.  An experienced personal injury lawyer is likely to know the circumstances under which a court will refuse a medical examination or prohibit a certain doctor from conducting the exam.

I was badly hurt in a personal injury case about ten years ago.  As part of the settlement I received an annuity that pays me $4000 per month for the rest of my life (I am 40) or at least for another 25 years..   I have found myself in some financial trouble and I need some money now.  I have been told that I can sell the annuity and get cash. Should I do that?

You almost certainly should not do that and, before you do, you should seek the advice of a financial counselor who can guide you through your decision-making process. 

I have no respect for the companies that purchase structured settlements.  The price paid for them is ridiculously low – often 40 cents on the dollar or even less.    Your structured settlement will pay you a over $1,000,000 in the next 25 years – tax fee – and if you live a normal life expectancy you will receive another $500,000 or even more.    You should not throw that away for pennies on the dollar and then take on the burden of investing what you receive.

I just won a personal injury case at trial.  What happens next? 

If either the plaintiff or defendant does not agree with the jury’s decision, they have thirty days from the date that the signed judgment is filed with the Clerk of Court to ask the judge to change the result. The judge has the power to do five things.

First, the judge can set aside the result of the jury entirely and enter a judgment for the other side. This is called a “judgment notwithstanding the verdict.” The judge will do this only if he or she believes that the no reasonable jury could reach the result it did. This is very rare. A judge’s decision to grant or deny a request for a judgment notwithstanding the verdict may be appealed to the Tennessee Court of Appeals.

Are there deadlines for filing lawsuits in Tennessee?

 Yes.  Statutes of limitation passed by our legislature limit the time to file a lawsuit in all types of cases.  The length of time varies depending on the type of case.  In most instances you have one year from the date of the incident causing injury  or death to bring a lawsuit, although shorter time limitations apply in some types of cases.  

There are other laws known as “statutes of repose” that provide absolute deadlines on filing lawsuits.  This type of law may result in you losing your rights before you know you have suffered an injury.