Articles Posted in Litigation Process

I have a personal injury case going to trial.  My lawyer says that my medical doctor cannot be forced to come to a trial and that we have to introduce her testimony via a deposition.  I think she will make a good witness and I want her there.  Can’t we just issue a subpoena and force her to come to trial?

Under Tennessee law, you can issue a subpoena for a doctor but she has to invoke a special law that gives doctors an exemption from subpoena to court.   The judge has the power to say that the law giving the exemption should not apply in your case, but that is very unlikely based on the facts that you have stated.

One way to enhance the doctor’s deposition is to take it via video.   The video is then shown to the jury and they will have an easier way to judge the doctor’s credibility.

How many cases does the Tennessee Supreme Court hear per year?

Here is the data for the fiscal year ending June 20, 2009, the last year available as of the date of this writing.

First, the Tennessee Supreme Court has to decide only certain types of cases.  It was  asked to hear about 825 cases during the fiscal year.  It decided to hear about 56 cases.   Trying to decide what cases should be reviewed takes a lot of work.  Each judge must review the written papers filed in support of the request for hearing (and the papers of the opponent which argue that the case should not be heard) to decide whether the case should advance to the Court.  At least 2 of the 5 judges must agree that the case should be heard.

I received a back injury at work.  I told my employer about it, told him I needed to see a doctor and he fired me on the spot.   What are my rights?

You have a right to receive medical treatment for you back injury.  To the extent that miss work you have a right to receive "temporary total disability" payments until you are released by your doctor to go back to work.  You also have a right to another payment for "permanent partial disability" if you have a long-term problem as a result of your injury.  The fact that your employer fired you will impact the amount of a permanent partial disability payment you are eligible to receive if you have a long-term injury.

You will need the help of an experienced worker’s compensation lawyer to help you with this problem.  Feel free to contact our office at 615.742.4880.  We will be happy to discuss this matter with you and help you if we can.   There is no charge for an initial consultation, and if we are able to help you we will accept your case on a contingent fee.

I am in a lawsuit in Tennessee.  The other side has served a set of request for production of documents.  There are 60 different requests.  Do I have to turn over all of this stuff?  Is there no limit to the number of requests for production?

Your lawyer will be able to tell you what you have to turn over and what you do not, but generally speaking there is no limit to the number of requests for production of documents.  Many local rules of court limit the number of interrogatories that can be served, and it is possible that local rules may limit the number of requests for production, but I do not ever remember seeing a limit on requests.

Absent a numerical limit, the only limitation on requests for production of documents is that they must seek relevant evidence or information reasonably calculated to lead to the discovery of admissible evidence and cannot seek information deemed "priviliged" under the law.  Once again, your lawyer will review each request with that standard in mind, and will object when appropriate.

Does Tennessee have a deadline for filing motions in limine?

"Motions in limine" are papers filed with the court asking the court to reach a pre-trial ruling on certain matters, usually evidence issues.  For example, if I am representing a person  who was convicted of a crime 15 years ago and now has a trial in a car wreck case I will probably file a motion in limine asking the court not to let our opponent mention the prior criminal conviction.  This motion in limine gives the judge the opportunity to rule on the issue before the jury has any chance of hearing about it. 

The judge does not have to reach a decision on any motion in limine before trial.

I am in a car wreck lawsuit.  Depositions are happening next week.  How long do depositions last?

It depends on many factors.  There is no time limit on depositions in state court in Tennessee.  

The length of a deposition depends on the complexity of the case, the complexity of the injuries, the medical history of the plaintiff, the personality of the examining lawyer and many other factors. 

I was hurt in a Tennessee car wreck.   I really don’t want to go to court but the one-year filing deadline for personal injury claims is coming up and I need to file my lawsuit.  However, I don’t want to go through the discovery process.  How often do cases settle without any discovery?

It is impossible for me to know the answer to that question.  Many cases resolve before a lawsuit is filed.  Many others are also resolved after a lawsuit is filed but before trial.  Unless active negotiations are underway in your case at the time you file suit and you are filing suit solely for the purposes of filing before the deadline but with a goal of getting the case resolved (and the insurance company has the main mindset) it is reasonable to assume that discovery will happen.   

Remember, you can settle your case (assuming the insurance company also wants to settle) and avoid litigation, including discovery.  If the insurance company wants to settle and you want it to settle, it will settle – just not at the dollar value it should settle.   By that I mean that if your case has any merit whatsoever you can almost always settle it for less than the true value of the case.

How much do expert witnesses charge?

It depends on the type of expert.  Most experts charge by the hour.  I have paid as little as $50 per hour to hire a mechanic to serve as an expert witness.  Some neurosurgeons charge $2000 per hour for a video deposition to testify about their care for a patient.  I have never heard about anyone charging more than $2000 per hour but I guess it is possible.

I am thinking about filing a personal injury case.  What are my responsibilities to my lawyer? 

The lawyer / client relationship is a special one and, just like a lawyer has certain obligations to the client, a client must do certain things to assist the lawyer in the representation. We expect the following of our clients:

• You have an obligation to tell your lawyer the truth.
• You have an obligation to tell your lawyer the truth even if you think it will hurt your case or the truth embarrasses you.
• You have an obligation to truthfully testify at trial and in depositions.
• You have an obligation to truthfully answer interrogatories.
• You have an obligation to produce documents and other items  in your possession that your lawyer asks you to produce.
• You have an obligation to timely respond to your lawyer’s requests for information.
• You have an obligation to let your lawyer know of changes in your medical condition.
• You have an obligation to let your lawyer know if you move or you change your phone number.
• You have an obligation to tell your lawyer if you are injured in another incident.
• You have an obligation to tell your lawyer if you are arrested or get a traffic ticket.
• You have an obligation to tell your lawyer if you are contemplating filing for bankruptcy.
• You have an obligation to listen to and carefully consider your lawyer’s advice. You are not required to take the advice, but you should listen carefully to the advice and the potential impact to your case if you do not take the advice.

Filing a lawsuit is a serious endeavor and you should not take it lightly.  While a lawyer will do the vast, vast majority of the work on your case,  there are certain things only you can do and other things that the lawyer (and the legal system) have a right to expect of you.

I was beat-up by a guy and incurred $10,000 in medical bills and missed two weeks from work.  I want to sue him but I cannot find a lawyer to help me.  They all want to know if the guy that beat me up has any money and when I tell them I don’t think so the lawyers lose interest.  How can I get money out of this guy?

You are probably trying to hire a lawyer on a contingent fee.   If a contingent-fee lawyer thinks a case is weak or that any damages won are not going to be collected he or she will not take the case because, like everyone else, lawyers like to get paid for their work.

You have two options.  You can hire a lawyer by the hour to sue the guy that hurt you.  Or, you can find a new lawyer (one recently out of school) who would be more likely to take a case where he or she is not likely to get paid.  You may have to front the filing fee and other out-of-pocket expenses.