Tennessee Injury Law Center

October 30, 2010

Is Testimony From A Doctor Necessary to Prove a Medical Malpractice Case?

I think I was injured by medical malpractice. I talked to a lawyer at church and she said that another doctor would have to testify against my doctor. Is that right?

Generally, yes. In fact, most cases require testimony from more than one expert medical witness. The expert(s) must testify (1) what level or type of care was necessary in the community given the medical issue; (b) that the appropriate level of care was not provided; and (c) that the inappropriate care caused the injury or death of the patient that would not have otherwise occurred.

This is a very complicated area of the lawyer, and I strongly suggest that you consult an experienced medical malpractice lawyer to evaluate your case.

October 29, 2010

I Was Raped. Do I Have A Right to Sue the Rapist?

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

I was raped. The police found the rapist and he is in jail. Can I sue him?

Yes. Rape is a crime that will result in prison time but it is also what is known as a "tort." There are many different types of torts, but rape would be the civil tort of battery. Battery is the unlawful touching of another person.

The problem with suing rapists is that they may not have money and therefore it will be very difficult to collect the damages you win. Hopefully, the person who did this to you will be going to prison and therefore will not be earning any real income, but that of course has the practical effect of making it difficult to collect damages from him.

October 28, 2010

Deadline for Filing Personal Injury Claim for Wreck with Truck in Tennessee

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

How much time do I have to file a personal injury claim for a wreck with a tractor-trailer ?

In the wreck took place in Tennessee you should assume you only have one year to bring a legal action against the people and companies that caused the wreck unless a competent Tennessee lawyer with knowledge of all of the circumstances tells you to the contrary.

However, it would be a mistake to wait any significant time to call a lawyer. The insurance and trucking companies often have expert witnesses and lawyers go to the scenes of serious trucking accidents. They are gathering evidence and preparing for a defense, and you need to have a lawyer start doing the same for you. Waiting even thirty days to get legal assistance may mean that valuable evidence is gone and therefore I urge you to contact a lawyer as soon as possible.

October 28, 2010

What is My DePuy ASR Hip Implant Case Worth?

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

I am one of the people who has a recalled DePuy ASR hip implant. Indeed, both of my hips have this system and both now need to be replaced. What are my rights? What is my case worth?

A total hip replacement replaces the body’s natural joint with an artificial one, usually made out of metal and plastic. A typical total hip replacement system consists of four separate components: (1) a femoral stem (2) a femoral head, (3) a liner, and (4) an acetabular shell. The surgeon hollows out a patient’s femur bone and the femoral stem is implanted. The femoral head is a metal ball that is fixed on top of the femoral stem. The femoral head forms the hip joint when it is placed inside the polyethylene liner and acetabular shell.

The DePuy ASR is a type of artificial hip replacement system. The first components of the system was approved for use by the FDA in late 2003. Other components or related systems were approved for use in later years.

October 27, 2010

What Does It Mean When a Personal Injury Lawyer is Included on the “Best Lawyers” List?

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

I am looking for a personal injury lawyer and see that a few lawyers are included on the "Best Lawyers" list. What does that mean?

“Best Lawyers” is a national organization that recognizes outstanding lawyers in each state in a large number of legal specialties. Best Lawyers compiles lists of outstanding attorneys by conducting exhaustive peer-review surveys in which thousands of leading lawyers confidentially evaluate their professional peers. In the U.S., Best Lawyers publishes an annual referral guide, The Best Lawyers in America, which includes 39,766 attorneys in 80 practice areas, covering all 50 states and the District of Columbia. This publication is one way you can determine if the lawyer who you are thinking about hiring is respected by his or her peers. You can read more about the selection process here.

I am honored to have been listed in Best Lawyers in America every year since 1993, when I was 36 years old.

October 26, 2010

I Was Uninsured and Caused a Car Wreck. Now I Am Getting Sued by Other Driver’s Insurance Company. Help!

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

I ran a red light four months ago and hit another car. The other driver was not hurt. It cost the other driver $3200 to get his car fixed. He asked me to have my insurance company pay it and I told him I didn’t have any insurance on my car at the time. Now his insurance company is suing me. What’s up with that?

You caused a wreck and you are responsible for the harm and damages you cause. You were lucky you only caused property damage and not a personal injury, but you are responsible for reasonable cost of fixing the car and for loss of use of the car while it was being fixed.

The other driver’s insurance company paid because you did not have insurance. This insurance company now has a right to seek reimbursement from you. This is called "subrogation."

October 25, 2010

Some Lawyer Called Me About My Car Wreck

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

I was in a car wreck last week. I was hurt pretty bad. I got home from the hospital last night and a lawyer called me and said that he wanted to represent me in my case. I have no idea who this guy is or how he got my name and telephone number. Nobody in my family has ever heard of him. Can he call me like this? Should I hire him? He said he could get me a lot of money.

This lawyer is a scumbag – not only should you not hire him but you should report him to the Tennessee Board of Professional Responsibility. Rule 7.3(a) of the Rules of Professional Conduct says this about soliciting a potential client by telephone: "(a) If a significant motive for the solicitation is the lawyer’s pecuniary gain, a lawyer shall not solicit professional employment by in-person, live telephone, or real-time electronic contact from a prospective client who has not initiated the contact with the lawyer and with whom the lawyer has no family or prior professional relationship." The Comment to the rule explains why is exists:

[1] There is a potential for abuse inherent in direct in-person or live telephone contact by a lawyer with a prospective client known to need legal services. These forms of contact between a lawyer and a specifically targeted recipient subject the layperson to the private importuning of the trained advocate in a direct interpersonal encounter. The prospective client, who may already feel overwhelmed by the circumstances giving rise to the need for legal services, may find it difficult fully to evaluate all available alternatives with reasoned judgment and appropriate self-interest in the face of the lawyer’s presence and insistence upon being retained immediately. The situation is fraught with the possibility of undue influence, intimidation, and overreaching.

October 22, 2010

I Don’t Want to Answer Interrogatories!

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

I am in the middle of a lawsuit and my lawyer just sent me a mess of interrogatories that she says I have to answer. I don’t want to answer these questions – the information is none of their business. What happens if I don’t answer them?

Interrogatories are written questions sent from one party in a lawsuit to an opposing party about issues related to the lawsuit. For example, in a lawsuit arising from a motor vehicle collision, each driver may send interrogatories to the other ask for driving histories, including whether the opposing driver has ever received a driving citation. The party responding to interrogatories must sign a statement swearing or affirming that the responses to the interrogatories are true.

If you don’t answer the interrogatories, your opponent can go to court and get an order requiring you to answer them. You might be forced to pay the legal fees incurred by your opponent to obtain this court order. If you don’t comply with the court order you can face more fees and, in fact, you risk having your case dismissed.

October 21, 2010

Can I Make the Other Driver Responsible for My Medical Bills for Life?

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

I was hurt in a car wreck. My back and leg were injuried. I don’t need surgery right now but who knows what will happen 10 years from now. Can I settle my case for my medical bills, my lost wages, and my pain and suffering and an agreement that the at-fault driver will pay my future medical bills if I have any?

You can try, but in 29 years as a lawyer I have never seen the argument work. If the at-fault driver’s insurance company believes that its driver is at fault and they want to settle the case, they want to settle all personal injury-related claims at one time. (They will usually settle property damage claims seperately.) They will not agree to leave open the issue of future medical expenses.

Thus, if a doctor says you will probably need a future surgery because of the injuries you sustained in the wreck, the cost of that surgery and related damages can be part of settlement negotiations. If the doctor says that future surgery is possible, then the amount of the possible surgery cannot be included. If there is a trial, the court will allow testimony only on whether a future surgery is probable and, if a doctor says it is, then the court will allow presentation of evidence on the cost of the surgery and related damages.

October 20, 2010

Why Do I Have To Sign My Name When I Answer Interrogatories?

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

I am involved in a lawsuit and had to answer interrogatories. Why did I have to go to the trouble of signing my name to my answers in the presence of a notary public?

As you know, Interrogatories are written questions sent from one party in a lawsuit to an opposing party about issues related to the lawsuit. For example, in a lawsuit arising from a motor vehicle collision, each driver may send interrogatories to the other ask for driving histories, including whether the opposing driver has ever received a driving citation. The party responding to interrogatories must sign a statement swearing or affirming that the responses to the interrogatories are true.

The reason the signature under oath is required is because answers to interrogatories are deemed to be the equivalent of testimony under oath at trial. As they say, what you say (or don’t say) in response to the questions asked can be used against you in a court of law. The signature under oath reinforces the truth-telling requirement, and the signature in the presence of a notary public makes it virtually impossible for someone to say that the signature on the answers is not genuine.