Litigation Process

April 10, 2011

Do I Have to Turn Over My Federal Income Tax Returns in a Personal Injury Case in Tennessee?

I was hurt in a car wreck in Sparta, TN. I lost six weeks from work but I am now back to work and think I will be able to work in the future. I hired a lawyer but we could not get the case settled. A lawsuit was filed. Now, the insurance company of the guy that hit me says they want my federal tax returns. I don’t think it is any of their business. Can they make me give them my tax returns?

Probably not, although the defense does have a right to have proof of your loss of income.

If our clients are uncomfortable about releasing their tax returns, we typically argue that tax returns are not discoverable in personal injury cases and instead will produce only the W-2 forms (which show the income earned from each employer). Our position is the tax return contains much more data than income information and that in a person injury case it is only data about income that has anything to do with the case.

April 6, 2011

How Long Do You Have To Appeal A Personal Injury Case in Tennessee?

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

I won a personal injury trial in circuit court in Smith County, Tennessee? How long does the defendant have to appeal the jury verdict?

First, the court has to enter a judgment on your verdict. The defendant then must file a notice of appeal to the Tennessee Court of Appeals within 30 days.

However, the defendant can ask the trial court to set aside the verdict, grant a new trial or reduce the verdict. If the defendant wants to do this, the appropriate papers must be filed within 30 days after the judgment is entered in your case. If the defendant files these papers on time, the court will usually have a hearing and then issue a ruling. If the court refuses to set aside the jury verdict or grant a new trial, the defendant will have 30 days from the date that of the court’s order to appeal. If the court reduces the verdict, you can accept the lower amount, accept it under protest and appeal within 30 days, or elect to have a new trial.

March 27, 2011

Can A Lawyer Pay for My Medical Treatment?

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

I was hurt in a car wreck that wasn’t my fault. I don’t have any health insurance. I have medical payments coverage on my car insurance but it was only $10.000 and it has already been paid to various doctors and hospitals. Now, my doctor says I need physical therapy but I don’t have the money. Worse yet, my lawyer says he won’t pay for it. What do I do?

Your lawyer is correct. Under ethics rules applicable to lawyers in Tennessee, a lawyer cannot advance you money for any medical treatment. A lawyer can advance money for the benefit of the client for litigation expenses, but he or she cannot provide money to a client (or potential client) for any other reason during pending litigation or in anticipation of employment.

What can the lawyer do to help you? Sometimes health care providers can be persuaded to treat a patient who has a pending personal injury case if the client promises in writing to pay them out of any settlement monies. Under this type of arrangement, the client directs the lawyer to withhold money out of any settlement and directly pay the health provider, and the lawyer promises the provider that he or she will do so. No health care provider must do this, but it is not uncommon for physical therapy companies to agree to do so if you have a case where the other driver is clearly at fault.

March 26, 2011

How Many Supreme Court Justices Does Tennessee Have?

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

How many justices serve on the Tennessee Supreme Court?

Five. The justices are selected by the Governor from a panel of three persons selected by a commission. The commission interviews and evaluates lawyers who apply for an open seat on the Court.

March 16, 2011

How Much Time Do I Have to File A Lawsuit Against The Federal Government?

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

I believe that I was a victim of medical malpractice in the VA hospital in Nashville. How much time do I have to file a medical malpractice claim against the VA?

You cannot file suit without first filing a claim. Generally, the claim must be filed in writing using the appropriate forms and paperwork within two years of the time after the accident or injury. The claim must be filed with the appropriate federal agency.

The government then has six months to evaluate the claim. It may try to settle the case, or it may deny the claim. When the government denies a claim the claimant then has a right to file suit in federal court. If the government does not deny or settle the claim within six months you can deem the claim denied and file suit in federal court.

March 14, 2011

Injured at Work

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

I work in a small plant in Middle Tennessee. I hurt my back at work. What are my rights?

If you got hurt while you were working you have a right to have your medical care paid for by your employer. The employer or its worker’s compensation insurance company has a list of doctors that you are permitted to see at the employer’s expense.

To the extent that the injury causes you to miss work you have the right to be paid (at a discounted amount and after a waiting period) money for your lost wages. If you have a permanent injury that causes a disability you have a right to payment for a permanent disability.

March 8, 2011

Can I Make Someone Be A Witness In My Case?

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

I was hurt in a car wreck. There is a witness listed on the accident report but he won’t talk to me. I need his help. Can I make someone testify?

You cannot make anyone speak to you. If a lawsuit is filed, you can serve a subpoena on a person who has or allegedly has knowledge about a case. A subpoena is a document issued by a court that requires someone to appear at a stated location and give testimony. A person can be subpoenaed to give testimony for a deposition, hearing or trial.

The mere fact that a person can be commanded to attend a deposition, hearing or trial does not necessarily mean that they will tell the truth about what they observed or know or that they will cooperate. In other words, a subpoena can be used to force someone to show up, but it does not force them to give truthful testimony.

March 4, 2011

Am I Going to Get $1,000,000 At Trial?

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

I was hurt in a car wreck and I think I have a really good case. I think I should get $1,000,000 – it seems like people get that much and more and they aren’t hurt as bad as I am. Will I get $1,000,000 in my case?

There is no way that I can answer that without having a whole lot more information that you have shared to date.

Million dollar verdicts are rarer than you might think. When they occur, they tend to hit the newspaper, but the statistics tell us they are quite rare in Tennessee.

March 3, 2011

Will My Case Go To Trial?

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

Will my case actually go to trial? I have a car wreck case and my lawyer says it will probably settle.

Statistically speaking , your case is very likely to be settled. Well over 95% of cases are settled, especially car wreck cases.

Cases settle because the litigation process includes an exchange of information that will permit each side to evaluate the other side’s case.

February 4, 2011

Can I Make My Lawyer Try My Case and Get More Money than the Settlement Offer?

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

I was hurt in a car accident that wasn’t my fault. I filed a lawsuit with the help of a lawyer. We have a trial in two weeks. I was offered some money but I don’t think it is enough. My lawyer thinks it is and he has advised me to settle the case. Can I make him go to trial and get more money?

Yes, you can reject the settlement and say that you want a trial. However, just because you go to trial you will not necessary get more money and your lawyer will not be able to promise you that you will get more. In fact, it is always possible that you could get less.

I obviously don’t know whether the amount of money you have been offered is a fair amount or not. I do know if you hirer the right lawyer, that is, if you did the work necessary to identify the right lawyer to handle your case, you should have confidence in his or her judgment about what is in your best interest. You have the right to reject that lawyer’s advice, just like you have the right to reject the advice of a doctor or any other professional, but when you do so you are substituting your judgment as a person unexperienced in the legal process for that of someone who is experienced in the process.