Tennessee Injury Law Center

October 26, 2010

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

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.

October 19, 2010

My Neighbor’s Dog Bit Me!

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

I was visiting my neighbor. He has a dog that is usually chained up but ran up behind me after I stepped off my neighbor’s porch and bit me on the back of the leg. I fell down and he bit me again on the arm before my neighbor was able to get him off me. The dog was chained up because he bit someone about 3 years ago, but now they leave him off the chain from time to time to let him get exercise in the yard. I ended up getting an infection from the bites, have missed four weeks of work and spent thousands of dollars in medical bills. What are my rights?

Under Tennessee law a dog owner has a duty to exercise reasonable control over his dog. If you are bitten by a dog on the dog owner’s property while you are on the property with the owner’s permission you have to prove that the dog owner knew or should have known about the dog owner’s dangerous propensities and that that he or she did not exercise reasonable control over the dog.

If you win your case, you are entitled to payment of damages. Most injuries caused by dog bites are covered under the dog owner’s homeowner’s insurance policy.

October 18, 2010

I Might Need Surgery!

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

I was hurt in a boating accident. It was the other guy’s fault. The doctor said that as I result of my injuries I might need knee surgery one day. Can I recover damages for the cost of that surgery?

You can recover damages for a future surgery only if a doctor says it is reasonably likely to occur. If the surgery is merely possible or might happen, the law of Tennessee does not permit you to ask a judge or jury to award damages for the cost of that surgery.

October 15, 2010

What Is The Likelihood My Case Will Go to Trial?

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

I have a personal injury case pending in state court in Tennessee. What are the odds that my case will go to trial?

These statistics will give you an idea of how many cases are actually tried. In the one-year period ending June 30, 2009, there were about 11,000 lawsuits filed involving all types of personal injury and wrongful death in the state of Tennessee. (Many other cases were settled before a lawsuit was even filed; those numbers are not publicly available.) However, there were only 260 jury trials and 348 non-jury trials in personal injury and wrongful death cases during that same period. These statistics are about the same from year to year, and thus it is fair to say that only about 5% percent of personal injury and wrongful death cases in which lawsuits are filed actually go to trial.

It is difficult to predict, however, whether any particular case will settle. Our experience is that a case is more likely to settle at a higher dollar value if the insurance company (a) sees that the case has been prepare for trial and (b) has been appropriately prepared by lawyers who it knows are not afraid to go to trial. Thus, our office prepares all cases as if the case is going to be tried. Quite frankly, this means we invest more time and money into cases than many other lawyers, but we believe that this approach leads to better results for our clients.

October 14, 2010

Do I Need to Attend the Pretrial Conference?

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

I have a case coming to trial in two weeks. There is a pretrial conference scheduled. What is that? Do I need to attend?

Generally, conferences are held prior to a trial so that the Judge and lawyers can resolve disputes about the admissibility of evidence, the timing of witness testimony, and other logistical matters. Pre-trial conferences can greatly streamline the progression of a trial thereby minimizing the financial cost on the parties, witnesses, jurors and the Court.

You need to ask your lawyer whether you should attend the pretrial conference.

October 13, 2010

Why Do I Have to Submit to a Medical Evaluation?

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

I am in a car wreck lawsuit. I received injuries to my back. Now, the defendant wants to have me evaluated by a doctor that the defendant’s insurance company is going to hire. Can they do that?

Probably. If your medical well being is in question in a case the opposing party may request that you undergo a medical evaluation by a doctor of their choosing. That doctor will offer his or her opinion about the nature and extent of your injuries and the impact of those injuries on your later life. That doctor may disagree with your doctor’s opinion as to the nature and extent of your injuries, and the jury will hear from both doctors at trial.

This type of examination is known as a defense medical examination or a Rule 35 medical examination. (Rule 35 is the rule of court procedures that governs medical examinations.)