Litigation Process

July 19, 2010

How Long Will My Trial Last?

I was hurt in a car wreck and my case will be heard by a jury starting September 20. How long will the trial last?

There are various factors that influence the length of the trial. The complexity of the case is the biggest factor. Cases with complicated liability issues or severe injuries tend to last longer. Cases will few liability issues or relatively small damages take less time.

The judge’s working hours make a difference. A typical schedule is 9:00 to 5:00, with an hour break for lunch and a morning or afternoon break. This means that the trial itself will consume about 6.5 hours per day. However, some judges schedule other matters during the day that limit the amount of time that the case is actually presented to the jury.

July 15, 2010

Do I Have the Right to File a Wrongful Death Lawsuit?

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

My brother was killed in a motorcycle accident. He was not married and has no children. Our father is alive, but my mother is not. Our father simply doesn’t have the emotional strength to file a lawsuit over the death of his son, but we cannot let my brother’s death go without holding the truck driver who killed him responsible. Do I have a right to file a wrongful death lawsuit for the death of my brother?

Only if you are named the executor in your brother’s will or are appointed the administrator of his estate by the court.

Generally speaking, these are the rules for who may file a wrongful death lawsuit in Tennessee:

July 12, 2010

My Neighbor Beat Me Up

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

My neighbor got upset with me because I complained to the police about her loud music. She came over, started arguing, and beat me up with baseball bat. The police have arrested her and charged her with aggravated assault. I suffered two broken fingers, a broken arm and have incurred thousands of dollars in medical bills. Can I sue her?

Yes. Your lawsuit is for the tort of "battery." You can seek damages for medical bills, lost of earnings and earning capacity, pain, suffering, loss of enjoyment of life, disability and disfigurement. Because the acts of your neighbor were intentional, you can also seek punitive damages.

The problem in this type of case is recovering damages. Winning a case is one thing, but actually being able to collect money is quite another. Most people who go around hitting people with baseball bats don’t have any money to pay for the harm they cause.

July 9, 2010

How Long Does a Victim of Sexual Abuse Have to File a Lawsuit Against the Abuser?

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

I live in Tennessee. I was sexually abused by a neighbor when I was 15. I am 17 now. Can I still sue him?

Yes. Tennessee law requires that you file suit before your 19th birthday. The failure to file suit by your 19th birthday will result in a loss of your rights.

People sexually abused in Tennessee when they are adults have only one year from the date of the incident to file suit, but special rules apply if the person who was the abuser was a "therapist" within the meaning of T.C.A. Sec. 29-26-203. If you think you have been abused by a therapist (or anyone else for that matter), contact an experienced personal injury lawyer as soon as possible. Make sure you discuss this with your parents as soon as possible if you have not already done so.

July 8, 2010

Must All Jurors Agree to a Verdict in Tennessee?

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

My car wreck case is coming to trial soon. A jury of twelve people will decide my case. Must they all agree on the result?

Yes, unless the lawyers agree otherwise, all 12 jurors must reach an agreement on the result in the case.

In some states, the law permits jurors to reach a result based on the votes of a "super majority" of the jurors. For example, some states allow 9 jurors to agree or 10 to agree on one result and the other 3 or 2 jurors can reach a different result. That is not true in Tennessee.

July 7, 2010

What Questions Can I Be Asked in A Lawsuit?

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

I was hurt in a truck wreck. I could not get the case settled and I filed a lawsuit. Now the trucking company is asking me all sorts of personal questions. Can they do that?

Yes, within limits. A person who is sued has the right to ask you information about your claim and also questions reasonably designed to find evidence that might be admissible at trial. Thus, if you allege that you hurt your back in a lawsuit, they have the right to know if you ever hurt your back before and, if so, how you were hurt and what medical treatment you received.

If you claim you lost wage as a result of the accident the company has a right to know how much money you make and see documentation of your wage loss.

July 5, 2010

Liability for Injuries Caused by Fireworks

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

My neighbor was playing with fireworks this weekend. One of the fireworks shot into my yard and hit me right in the face. I was burned and I injured my left eye. I immediately went to the emergency room and am seeking additional medical treatment. What are my rights?

Some cities in Tennessee prohibit the use of fireworks. If you live in a city that prohibits fireworks your neighbor violated the law and you will have a very strong claim against him.

Even if the law does not prohibit the use of fireworks, your neighbor had the duty to exercise reasonable care while playing with the fireworks so as not to cause injury to anyone else. The strength of your case depends on exact facts.

June 30, 2010

Timing a Bankruptcy Filing and the Filing of a Personal Injury or Wrongful Death Claim

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

I was hurt in a wreck with a tractor-trailer six months ago. I lost my job and my medical bills are enormous. I am behind on my mortgage and have been unable to make my car payments. Should I file bankruptcy, get my financial house in order, and then file a lawsuit against the trucking company? I want to be able to get rid of all this debt and be able to keep whatever money I recover in the lawsuit to meet my needs for the rest of my life.

There is a major problem with your plan. When you file for bankruptcy you are asked to answer questions under oath about your assets and liabilities. One of the questions you will be asked is whether you have any claims against another person or entity. Thus, you will have to tell the Bankruptcy Court that you have a claim pending against the trucking company. This is true even though you have not filed a lawsuit – you still are considered to have a claim pending that must be disclosed to the Court.

When you tell the Bankruptcy Court that you have a claim pending that fact will be taken into account in determining whether you are a candidate for bankruptcy and what amount should be paid to your creditors. As I explained in a prior post, you will also lose significant control over the progression of your case.

June 29, 2010

Will Filing Bankruptcy Affect My Personal Injury Case?

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

I have a personal injury lawsuit pending in court. I am 3 months behind on my mortgage and the company is threatening foreclosure. My credit card bills are way behind. I think I need to file bankruptcy. How will filing bankruptcy affect my personal injury claim?

Your pending personal injury lawsuit will become an asset in the bankruptcy proceeding and the value of your case will be taken into account in determining whether you are in fact insolvent and the payment to your creditors.

More importantly, the bankruptcy trustee assumes control of your case and decides whether it should be settled or tried and, if it should be settled, how much it should be settled for. You will have the right to speak your opinion about such matters, but at the end of the day the bankruptcy trustee and the bankruptcy judge will make these important decisions.

Thus, filing bankruptcy will cause you to lose control over you case.

June 24, 2010

What Happens in a Trial?

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

I have never filed a lawsuit and don’t know anything about what happens in a trial of a personal injury or wrongful death suit. Can you explain it?

Sure. In fact, we have written this Legal Guide that I think will answer your questions