Litigation Process

May 7, 2013

How Many People Sit on A Jury In A Tennessee Personal Injury Case?

Tennessee law requires juries of twelve citizens in injury trials and in all other types of civil and criminal jury trials. Rarely, the lawyers in the case will agree that the case can be decided by less than twelve people, but a very, very high percentage of jury trials in Tennessee are decided by twelve jurors. A judge cannot require that a case is decided by less than twelve jurors.

Depending on the anticipated length and complexity of the trial, a judge may also have one or more alternate jurors hear the case. An alternate juror will replace one of the twelve jurors who have been designated to hear the case if one of those jurors becomes ill or for some other reason cannot continue serving as a juror in the case. If none of the group of twelve jurors is required to leave jury service for any reason the alternate jurors are dismissed from the case immediately before the jury begins to deliberate a verdict in the case. No more than twelve jurors are permitted to decide the case.

In Tennessee a jury’s verdict must be unanimous. In other words, all twelve jurors must agree on the result. If the jurors are unable to reach an unanimous agreement, a mistrial is declared and the case must be tried to another jury at a later date.

April 28, 2013

What Is A Deposition?

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

A deposition is an out-of-court sworn statement made during a lawsuit. Typically, the lawyer representing the opposing party to a lawsuit will take your deposition to understand information you have about the case. Witnesses to events giving rise to the case may also be asked to give a deposition.

A deposition usually takes place in a conference room at the offices of one of the lawyers that is involved in the case. A person called a "court reporter" is present to administer the oath and to record the testimony. It is possible that the deposition will be recorded by a videographer.

Under Tennessee law, a person who is involved in a lawsuit can be asked to provide information that is "reasonably calculated to lead to admissible evidence in the case." That means that if you file a lawsuit or are sued in a lawsuit you can be asked questions that directly involve the facts of the case and also questions that may lead to information that might find its way to evidence at trial.

April 23, 2013

Jury Instructions in Tennessee Injury Cases

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

At the end of every Tennessee injury trial heard by jury the judge gives the jury instructions about the law applicable to the case. Some judges prepare their own instructions; other judges ask the lawyers involved in the case to prepare the instructions. Even if the judge does his or her own instructions the lawyers have the right to propose additional or alternative instructions to the judge, who reviews the proposed instructions and determines whether they will be included in the final set of jury instructions.

Jury instructions tell the jury the law applicable to the case. The jury uses the instructions to guide it in finding the facts. Jurors are the "judges" of the facts in a case, and then take those facts and apply it to the law given to them by the judge.

Sometimes judges make mistakes in jury instructions. If a judge makes a mistake, an appeal may result. A mistake in the jury instructions can result in a new trial if the appellate court determines that the mistake affected the outcome of the trial.

April 20, 2013

Can A Personal Injury Lawyer Charge for Travel Expenses?

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

Most contingent fee contracts between Tennessee injury lawyers and their clients have a provision that provides that the lawyer is reimbursed for travel expenses. Such a clause in a contract is lawful, and will be enforced by a court.

However, if the contract does not have a clause that permits reimbursement for expenses, it would not be appropriate for the lawyer to charge his or her client for these expenses unless he or she gets your express approval, preferably in writing, to incur those expenses that will ultimately charged to the client.

Are there limits to the amount of expenses that a lawyer can charge? Yes, even if the fee contract does not put limits on the amount of travel charges that the lawyer can pass on to a client the law will require that only "reasonable" expenses can be incurred.

March 18, 2013

Do I Have to Pay Legal Fees If I Lose My Tennessee Personal Injury Case?

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

People who are involved in personal injury accidents often have financial issues. Medical bills pile up. Work is missed and wages lost. There is even more than the usual uncertainty about the future, and thus people are reluctant to put any of their savings at risk.

So, one question that I hear almost every week as a Nashville injury attorney is "what happens if the case is lost?" Here is the best answer I can share.

First, our office usually works on a contingent fee in personal injury and wrongful death cases.. So, in the even we are unable to win your case you will no owe us any money whatsoever. (Our fee agreement is in writing, and thus you will have a full understanding of the fee agreement with us and what obligations you have.)

March 3, 2013

Personal Injury and Wrongful Death Lawsuit Statistics for Dickson County, Tennessee

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

The Tennessee Administrative Office of the Courts has released information about Tennessee personal injury and Tennessee wrongful death cases filed and tried in Dickson County, Tennessee for the year ended June 30, 2012.

Here is the data;

Total personal injury and wrongful death cases filed in court: – 52
Total personal injury and wrongful death cases resolved in court – 62
Total number of cases going to trial – 0
Total number of jury trials – 0
Total number of non-jury trials – 0
Total number of cases in which damages were awarded – 0 (NA%)
Total number of cases where damages awarded was between $1 and $99,999 – 0
Total number of cases where damages awarded was between $100,000 and $999,99 – 0
Total number of cases where damages awarded exceeded $1,000,000 – 0
Total damages awarded in all cases – $0
Average damages awarded – $0

There was not a single trial in a personal injury or wrongful death case in Dickson County, Tennessee in the year ended June 30, 2012. Surprised? You shouldn’t be. Dozens of Tennessee counties had no personal injury or wrongful death trials during the same period, and others had one or two trials. Even the second largest county, Davidson, had only 69 trials (47 of them jury trials) that year. Shelby County had only 79 (47 of them jury trials).

March 1, 2013

Statistics for Memphis and Shelby County, Tennessee Personal Injury and Wrongful Death Trials 2011-12

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

The Tennessee Administrative Office of the Courts has released information about Tennessee personal injury and Tennessee wrongful death cases filed in Memphis and Shelby County, Tennessee for the year ended June 30, 2012.

Here is the data;

Total personal injury and wrongful death cases filed in court: – 1768
Total personal injury and wrongful death cases resolved in court – 1958
Total number of cases going to trial – 79
Total number of jury trials – 47
Total number of non-jury trials – 32
Total number of cases in which damages were awarded 50
Total number of cases where damages awarded was between $1 and $99,999 – 35
Total number of cases where damages awarded was between $100,000 and $999,99 – 11
Total number of cases where damages awarded exceeded $1,000,000 – 4
Total damages awarded in all cases – $40,443,910
Average damages awarded – $808,878

These statistics show one of the great flaws of statistics. The total damages awarded figure includes an award of $20,000,000 that was significantly remitted by the trial judge. Thus, the average damages awarded" figure is skewed significantly. Also note that the twenty-nine (29) cases in which the plaintiff received no damages is not included in the "average."

February 28, 2013

Statistics for Knoxville and Knox County, Tennessee Personal Injury and Wrongful Death Cases

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

The Tennessee Administrative Office of the Courts has released information about Tennessee personal injury and Tennessee wrongful death cases filed in Knoxville and Knox County, Tennessee for the year ended June 30, 2012.

Here is the data;

Total personal injury and wrongful death cases filed in court: – 1044
Total personal injury and wrongful death cases resolved in court – 1042
Total number of cases going to trial – 45
Total number of jury trials – 28
Total number of non-jury trials – 17
Total number of cases in which damages were awarded 17 (38%)
Total number of cases where damages awarded was between $1 and $99,999 – 16
Total number of cases where damages awarded was between $100,000 and $999,99 – 0
Total number of cases where damages awarded exceeded $1,000,000 – 1
Total damages awarded in all cases – $1,530,315
Average damages awarded – $90,019

The average success rate for plaintiffs at trial in Tennessee was 38.49% for 2011-12. Thus, the win rate for plaintiffs in Knoville and Knox County was about the same as the statewide-average.

February 26, 2013

Personal Injury and Wrongful Death Lawsuit Statistics for Cookeville and Putnam County, Tennessee

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

The Tennessee Administrative Office of the Courts has released information about Tennessee personal injury and Tennessee wrongful death cases filed in Lebanon and Wilson County, Tennessee for the year ended June 30, 2012.

Here is the data;

Total personal injury and wrongful death cases filed in court: – 126
Total personal injury and wrongful death cases resolved in court – 156
Total number of cases going to trial – 31
Total number of jury trials – 7
Total number of non-jury trials – 24
Total number of cases in which damages were awarded 0 (30%)
Total number of cases where damages awarded was between $1 and $99,999 – 7
Total number of cases where damages awarded was between $100,000 and $999,99 – 0
Total number of cases where damages awarded exceeded $1,000,000 – 2
Total damages awarded in all cases – $21,404,341
Average damages awarded – $2,640,434

The average success rate for plaintiffs at trial in Tennessee was 38.49% for 2011-12. Thus, the win rate for plaintiffs in Cookeville and Putnam County was slightly lower than the statewide-average.

February 22, 2013

Lebanon and Wilson County,Tennessee Personal Injury and Wrongful Death Statistics – 2011-12

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

The Tennessee Administrative Office of the Courts has released information about Tennessee personal injury and Tennessee wrongful death cases filed in Lebanon and Wilson County, Tennessee for the year ended June 30, 2012.

Here is the data;

Total personal injury and wrongful death cases filed in court: – 156
Total personal injury and wrongful death cases resolved in court – 144
Total number of cases going to trial – 4
Total number of jury trials – 2
Total number of non-jury trials – 2
Total number of cases in which damages were awarded 1 (25%)
Total number of cases where damages awarded was between $1 and $99,999 – 0
Total number of cases where damages awarded was between $100,000 and $999,99 – 0
Total number of cases where damages awarded exceeded $1,000,000 – 1
Total damages awarded in all cases – $2,459,878
Average damages awarded – $2,459,878

The average success rate for plaintiffs at trial in Tennessee was 38.49% for 2011-12. Thus, the win rate for plaintiffs in Wilson County was a lower than the statewide-average.