Articles Posted in Litigation Process

A jury is considered "deadlocked" when it is unable to reach an unanimous decision.  In Tennessee personal injury and wrongful death trials a jury of twelve people sits in judgment of the case and all twelve must agree on all issues.  When they fail to do so they are "deadlocked."

A judge faced with a deadlocked jury has two choices.  First, the judge can send the jury home, declare a mistrial, and order the parties to another trial.  This is an expensive option, both for the parties to the lawsuit and the justice system, because of the money that will be spent on the new trial.

The other option is for the judge to give what is known as a "dynamite" or "Allen" charge.  A dynamite or Allen charge is a jury instruction that strongly encourages each juror to reconsider his or her views and work toward compromise.  It tells jurors that a new trial will be very costly to the parties and that the jurors should work harder to solve their differences.

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.

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.

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.

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.  

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.)