Litigation Process

June 18, 2015

Subrogation: The Injury Victim’s Boogie Man

First, allow me to use an example to explain subrogation: You are hurt in an accident. You go to the emergency room, are admitted to the hospital for several weeks and then have a few months of follow-up appointments and physical therapy. After deductibles and co-pays, your health insurance company pays all of your medical bills. After you recover from the accident, you settle your injury case with the at-fault party’s insurance company. Using the money you got from your settlement, you buy your first home. Several months later, you get a letter from your medical insurance carrier demanding to be paid back for the medical bills they paid on your behalf after the accident. You no longer have the cash because you bought a home, but they are threatening to sue you.

Can they do that? What about if you are on Medicare or Tenncare? Isn’t that why you paid the premiums for your medical insurance? If they sue me, could they take my house or garnish my wages? What if I never tell them about my accident? Continue reading

May 27, 2015

Tennessee Trial Stats: How Many Injury and Death Cases Were Filed, Who Won and How Much Did They Get?

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

According to the Administrative Office of the Courts data, for the 2013-2014 reporting year, there were 10,232 tort cases filed in the State of Tennessee. (Tort cases are claims for injury or death and include medical malpractice or healthcare liability claims.) During that same time frame, 10,322 cases were concluded in some fashion such as dismissal, settlement or trial. However, very few were concluded by way of a trial. In fact, only 416 cases or 4% of tort or healthcare liability cases were tried in the entire State of Tennessee last year. So what kind of verdicts were returned in these 416 cases? Continue reading

May 21, 2015

How Do I Win My Accident Case At Trial?

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

Not surprisingly, every accident victim whose case goes to trial wants to know the answer to this question. Of course, victory at trial depends upon a number of factors including the facts of your case, your lawyer, the opposing lawyer, the judge, the jury pool, etc. Below we will examine each of these in a little more detail and how you can help your case: Continue reading

May 8, 2015

Facebook: So Many Ways To Get In Trouble

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

Last month, a judge was publicly admonished by the Texas Commission on Judicial Conduct because she posted comments on Facebook about a trial she was presiding over. Then, earlier this month, a Michigan prosecutor lost her job due to statements she posted on Facebook related to the looting in Baltimore. And for accident victims, Facebook is just as dangerous.

As soon as an accident victim makes a claim, a claims adjuster or a defense lawyer will likely try to find the person on Facebook to glean as much information as they can. And if your Facebook posts are not consistent with the allegations of your lawsuit, then they start doing a happy dance. Let me give you some examples of how Facebook can be used against an accident victim. Continue reading

March 11, 2015

Day Inducted as Fellow of the International Society of Barristers

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

This week, the International Society of Barristers (ISOB) inducted John Day as a fellow. The ISOB is dedicated to preservation of the adversary system, the right to jury trial and an independent judiciary. Membership is by invitation only and includes a rigorous screening process involving both judges and fellow lawyers. The ISOB extends membership to those lawyers “of exceptional talent, whose qualities including integrity, honor and collegiality embody the spirit of the true professional”. Of course, those of us at The Law Offices of John Day, P.C. have always known that John possesses these traits but we are certainly pleased that the prestigious ISOB has recognized it as well. Congratulations, John!

March 10, 2015

Storming the Court – The Basketball Court

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

The 2015 Men’s SEC Basketball Championship kicks off tomorrow, March 11^th at Bridgestone Arena in Nashville. Big wins and upsets are known to cause fans to storm the court in celebration, and many coaches and fans think storming the court is good for the game. But, the melee that follows can result in injuries to fans, players, coaches and referees. Duke Coach Mike Krzyzewski has expressed concern about potential for harm as a result of fans storming the court. And serious harm has occurred in court storming. For instance, a high school basketball player, Joe Kay was left paralyzed after fans stormed the court following his breakaway dunk to secure a win in a rivalry game.

Storming the court has been a fineable offense in the SEC since 2004. The SEC rule states: “For the safety of participants and spectators alike, at no time before, during or after a contest shall spectators be permitted to enter the competition area.” The first offense fine is $5,000. Additional incidents are fined incrementally at $25,000 and $50,000. The fine is paid by the school.

Ultimately, it is the school and venue’s responsibility to ensure adequate security is on hand to police the crowd and prevent harm from occurring. If they don’t and someone is harmed, liability could ensue. So, enjoy the game, root like heck for your team, but don’t storm the court.

March 12, 2014

Social Media and Litigation: Three Things You Should Not Do

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

Almost everyone who is reading this has some connection to social media. If you are not on Facebook, Twitter, Vine, Instagram or other social media, I would be wiling to bet your kids, spouse, girlfriend, grandkids, boyfriend or someone else close to you is using social media. And if you are involved in litigation, here are some things you should know about the use of social media.

1. What you post or tweet lives on forever even if you delete it. Forensic computer specialists can retrieve it. And if what is posted on social media can be used against you, trust me, it will.

2. Do not assume because your account has private settings that the information you share will not be revealed during litigation. As social media becomes more prevalent, insurance company counsel routinely ask for passwords so that they can access your data to see if any of it is relevant to the litigation. For instance, if you claim you can not work because of your injuries, your opponent would be delighted to find pictures of you having spent your weekend at the lake water-skiing. If you initially refuse to provide your password, the court may order you to do so.

February 14, 2014

Memphis, Shelby County Trial and Verdict Statistics in Personal Injury and Wrongful Death Cases

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

It is Friday and we are covering verdict and trial statistics for the last of the largest four cities in Tennessee — Memphis/Shelby County, the Thirtieth Judicial District.

Last fiscal year, 1,747 new tort cases (lawsuits for personal injury or wrongful death) were filed in Shelby County courts and 1,817 were resolved. Shelby County had more trials than any other county in the State with 76 — 53 jury trials and 23 bench trials. Of those 76 trials, the injured party won 44 of the cases. In the other 32 cases, the injured party did not receive any compensation whatsoever.

In terms of verdicts, the total dollar amount awarded in all 44 trials was $10,891,198.00 for an average award of $247,527.00. The verdicts can be broken down even further: 37 of the trials resulted in verdicts of less than $100,000.00; 5 of the trials resulted in verdicts ranging between $100,000.00 to $999,999.99; and 2 of the trials resulted in verdicts that exceeded One Million Dollars. Obviously, a relatively small number of large verdicts had a significant impact on the average verdict figure.

February 13, 2014

Chattanooga Trial and Verdict Statistics in Personal Injury and Wrongful Death Cases

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

Today, we are looking at trial and verdict information for Chattanooga/Hamilton County, which is the Eleventh Judicial District. The Administrative Office of the Courts’ report reveals 711 tort lawsuits (claims for personal injury or wrongful death) were filed in Chattanooga during the last fiscal year and Chattanooga courts disposed of 693 tort cases. During the last year, 37 cases went to trial in Chattanooga with 21 jury trials and 16 bench or judge trials. Of the 37 cases went that actually went to trial, only 10 resulted in the injured party receiving any money. So in more than 2/3 of the trials, the injured party received nothing.

And in the cases the injured party actually won, the verdict news is similarly bleak. Not a single case resulted in a verdict of $100,000.00 or more. The total dollars awarded for all ten cases was $303,648.00 so the average award in each case was $30.365.00. Of course, we do not know the facts of each one of those cases but we do know this: there is a reason they call it a trial. It is hard, emotionally-draining and exhausting for the parties and their attorneys. And most injured people who go through a trial expect their recovery to be more than that, and it should be if they have serious injuries.

We really can not emphasize enough how important it is for you to select an experienced and well-qualified lawyer. Of course, we hope you hire us and we believe our awards and client testimonials speak for themselves. But even if you do not hire us, use this information sheet to help you find a skilled lawyer who can help maximize your recovery. If you would like to schedule a free and no-obligation consultation, simply fill out this form or call us anytime at 615-742-4880 or toll-free at 866-812-8787. We handle all personal injury and wrongful death cases on a contingency basis so we only get paid if we recover money for you.

February 12, 2014

Knoxville, Tennessee Injury and Wrongful Death Verdict Statistics

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

This week, we are examining trial and case statistics from the Administrative Office of the Court’s yearly report, Annual Report of the Tennessee Judiciary for the Fiscal Year 2012-2013. Today, we take a closer look at Knoxville.

Last year, 938 tort lawsuits (claims for personal injury or wrongful death) were filed in Knox County. 38 cases went to trial — 23 of them were jury trials and 15 were judge or bench trials. Of the 38 case that went to trial, the injured party recovered money in less than half of those trials (18 of 38).

Of the 18 cases that actually went to trial and resulted in a verdict for the injured or deceased party, 14 of those cases had an award in the range of $0 to $99,999.99. Three cases had verdicts in the range of $100,000.00 to $999,999.99 and only one case had a verdict in excess of $1,000,000.00. The average award for verdicts in Knox County, Tennessee was $149,205.00, a number driven significantly upward by the one verdict that was in excess of $1,000,000.