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.
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.
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.
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.
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.
I was hurt in a car accident. I talked to a lawyer and he sent me a proposed contingency fee agreement. The agreement says that I have to pay the expenses he incurs in prosecuting my case and that interest accrues on the expense money. Is that normal?
It is normal for a lawyer handling a contingency fee case to ask the client to re-pay the lawyer for the money spent on case expenses out of any settlement achieved in the case. It is not normal, however, for lawyers to charge interest on the expense money they advance for case expenses, although it seems like more and more lawyers are charging interest.
The lawyers who charge interest may have a contract with a private company that charges them interest, and then they pass the interest that they pay while the case is pending onto you as their client. The interest rate may be very high – much higher than the “prime rate.” The lawyer does not profit from this, but simply passes the cost of the interest on to you. Sometimes there are additional fees associated with this service that are passed on to you.
I live in a small town in Middle Tennessee. I just had an addition put on my house. The building inspector from my town came and approved the work done on the house, including the electrical work. Two days later the entire house burned. The cause of the fire was improper wiring work on the new addition. Can I sue the building inspector for failing to discover the bad wiring job?
No. Under Tennessee law a local government cannot be sued for negligent inspection. Thus, even if you could show that the building inspector did a bad job, neither the inspector nor his employer can be sued.
You may have a claim against the electrical contractor and perhaps even the general contractor. An experienced trial lawyer can help you investigate this claim and determine what rights, if any, you have.
I am a Tennessean. I was received some broken bones in a car wreck earlier this year. I spent a couple days in the hospital and missed six weeks of work. The case was just settled and I received a check for a significant amount of money. Do I have to pay income taxes on the money I received?
No, you do not have to pay federal income tax on the money you received
As of today (and for many, many years) there is a special federal law that permits people who receive money in personal injury cases where there has been physical harm to exclude the monies received in a settlement or lawsuit from their income for federal income tax purposes. You do not need to report it to the government and you do not need to report it.
My lawyer just settled my personal injury case. At the time the lawyer distributed my share of the money to me, he withheld $322.56 for airfare and $150 for a hotel bill. When I asked him what those expenses were for he said he had to travel to New Orleans to take the deposition of a witness in the case. Can he do that?
Yes, if the fee agreement that you signed provides that he is to be reimbursed for out-of-pocket expenses incurred in connection with the case. That type of provision is part of the typical fee agreement in personal injury cases and therefore I would not be surprised if the fee agreement you signed contained that provision. Your lawyer will give you a copy of your fee agreement if you cannot find the your copy.
Of course, the expenses incurred should be reasonable. What is reasonable? A Motel 6 is on the cheap end and a Ritz Carlton is usually too expensive. Something in the middle should do nicely. Most attorneys do not asked to be reimbursed for first-class air travel, although some may do so for international flights or cross-country flights. You shouldn’t expect that your lawyer is going to eat at Taco Bell, but you should not be asked to pick up the tab for a big meal and expensive wine at a five-star restaurant.
I was hurt in a car wreck and told my insurance company about the wreck. The claims adjuster said that I had $10,000 in medical payments coverage and that if I would send the bills in the insurance company would the bills up to $10,000. Why should my insurance company have to pay for my medical bills when the wreck was not my fault?
Your insurance company will pay because you paid for this insurance coverage. It can be very helpful to you if the wreck was your fault or if the you cannot find the driver who hit you. It can also be helpful to help you pay co-pays and deductibles not covered by your health insurance.
The fact that your insurance company pays some or all of your medical bills does not let the other driver or that driver’s insurance company off-the-hook. You can still seek payment of the bills from your insurance company and, if the other driver is liable for the crash and the bills were reasonable and incurred for necessary medical services in connection with the wreck then you can collect them again from the at-fault driver and that driver’s insurance company. However, your insurance policy probably requires you to re-pay them if you receive payment for your medical bills from the at-fault driver and that driver’s insurance company.
