Tennessee Injury Law Center

October 5, 2010

I Haven’t Heard From My Lawyer in Two Months!

I was hurt in a car accident early last year and hired a lawyer to help me with my case against the other driver. The case has been pending for over a year. There doesn’t seem to be anything going on. My lawyer said that there would be depositions but they haven’t occurred yet. We do not have a trial date. I have been calling the lawyer to find out what is going on but despite 5 calls in the last two months I have not gotten a response. What is going on? What should I do?

There may be a legitimate reason why depositions have not been taken if your lawsuit has been pending a year, but absent very unusual circumstances depositions of the plaintiff and defendant in a two-vehicle car wreck case should be taken within six months after the case has been filed unless they have been deliberately put on hold pending settlement discussions. However, if this is your lawyer’s plan, he or she should communicate that plan to you so that you know what is going on.

Likewise, there is no excuse for a lawyer (or someone on the lawyer’s behalf) not to return a phone call within one business day. If a lawyer is out of town or in a trial he or she may not be able to get back with you promptly, but should have an assistant call you and advise you of that fact.

October 5, 2010

How Does A Jury Know What My Future Medical Bills Will Be?

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

I broke my hip in a fall-down accident at a local store. The company wouldn’t settle me so I filed a lawsuit. The doctor said I might need a hip replacement in the future. How will a jury award me damages for this surgery?

Well, first you have to win your case. That is, you will have to prove by a preponderance of the evidence that the store caused the dangerous condition or knew or should have known of the existence of the dangerous condition and failed to rectify it.

If you prove the fault of the store, then you can recover your past and future medical expenses (and other types of damages). However, you can recover future medical expenses only if a doctor says that it is more likely than not that you will need hip replacement surgery. If the doctor says that, the jury can consider the cost of the future surgery, which will come from the testimony of the doctor or another witness.

October 4, 2010

There Was No Guardrail and I Went Off the Mountain!

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

I was driving in East Tennessee. A big truck came over the center-line into my lane and I swerved to avoid it. I lost control and went off the mountain. My friend who was in the car behind me saw the whole thing. He told me that I went through a hole in the guardrail and that the hole had been caused by another wreck nine months earlier that the State of Tennessee had never repaired. What are my rights?

First, if you can identify the trucking company and truck driver you would have a claim against them for crossing the center-line and forcing you off the road.

Second, even if you can’t identify the trucking company, you may have a uninsured motorist claim that you can assert against your own insurance company. Tennessee law permits you to make a claim on your own insurance when an unknown driver (called a "John Doe" driver) negligently causes a wreck. The fact that your friend saw the wreck is critical to being able to prove this claim.

October 1, 2010

My Hip Replacement Manufacturer DePuy Orthopaedics Says They Are Recalling My Hip!

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

I had a hip replacement a couple years ago. I have had some problems with it. Now I have received a letter from DePuy Orthopaedics, which has something to do with Johnson & Johnson, saying that my hip is being recalled. What should I do now?

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 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.

September 30, 2010

Value of a Wrongful Death Case

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

My wife was killed in a tractor-trailer wreck. The wreck was not her fault. What is this case worth?

That question is impossible to answer without a great deal more information. Was your wife working outside the home? What was her income? What was her age? What was her state of health before the wreck? How many children does she have? Do any of those children have special needs that required her to play a bigger role in their lives after they reached the age of 18 than the ordinary adult child?

These and many, many more questions must be answered before any lawyer can give you a reasoned opinion on the value of a wrongful death case.

September 30, 2010

My Lawyer Is a Member of the Tennessee Bar Association!

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

I talked to a lawyer about a personal injury case. He has a sign on his wall that says that he is a member of the Tennessee Bar Association. What does that mean?

That means he almost certainly has a law license and the money to pay the dues. Not much more.

Don’t get me wrong. I am a proud member of the Tennessee Bar Association. I have been a member for almost 29 years. They do wonderful work and, in my opinion, every lawyer in Tennessee who can possibly afford it should be a member.

September 29, 2010

My Car Was Hit By a Police Car!

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

I was driving in Nashville and a police car ran a red light and plowed right into the side of me. I had to go to the hospital and they discovered that I broke my leg in the crash. Can I sue the police officer for causing the wreck?

Under Tennessee law, you cannot sue the police officer but you can sue the local government that employed the police officer. Therefore, if the police officer was employed by Metro Nashville, you can sue Metro Nashville.

Under Tennessee law, a governmental entity is responsible for certain negligent acts and omissions of its employees but its financial responsibility is capped at $300,000 for any one person, regardless of the seriousness of the injuries or even if the person is killed by the negligent act or omission. Damages to property are limited to $100,000.

September 28, 2010

Should I See A Doctor About My Injuries?

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

I was in a car wreck yesterday. I thought I was ok but I woke up this morning and feel absolutely horrible. Should I go to the doctor, or should I just tough it out?

You should see your doctor and accurately report the nature and extent of your concerns. Call and make an appointment to get in and see the doctor as soon as you can.

Why? There are three reasons. First, your doctor may uncover a problem that is more serious than you think it is.

September 27, 2010

Can a Sibling File a Wrongful Death Lawsuit?

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

My brother got killed in a car wreck. Can I file a wrongful death lawsuit for him?

You can file a wrongful death lawsuit for your brother under only limited circumstances. First, if you are named the executor of his will you have the right to file suit. Second, if the court names you the administrator of your brother’s estate you will have the right to file suit. Third, if you brother was not married, had no children, and your parents are dead you would be considered "next of kin" and you would have a right to file suit.

The right to file suit is different from the right to control the litigation. For instance, if your brother was married and his wife is competent, it is very possible that a court would let your sister-in-law control the lawsuit even if you were named executor of your brother’s estate.

September 24, 2010

Should I Sell My Structured Settlement?

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

I was hurt in a personal injury case about six years ago. As part of the settlement I received an annuity that pays me $3000 per month for the rest of my life (I am 35) or at least for another 25 years.. I have found myself in some financial trouble and I need some money now. There are companies that advertise on television that indicate that they will buy my annuity and give me case now. Should I do that?

You almost certainly should not do that and, before you do, you should seek the advice of a financial counselor who can guide you through your decision-making process.

I have no respect for the companies that purchase structured settlements. The price paid for them is ridiculously low – often 40 cents on the dollar or even less. Your structured settlement will pay you a guaranteed $900,000 in the next 25 years – tax fee – and if you live a normal life expectancy you will receive another $500,000 or even more. You should not throw that away for pennies on the dollar.