Tennessee Injury Law Center

August 27, 2010

Deadlines for Filing a Lawsuit When A Child is Injured

My child has been injured. How long do I have to bring a lawsuit on behalf of my child?

Under the law in Tennessee, there are time limits on which any person can bring a lawsuit against another. The general rule is that a child has until one year after his or her eighteenth birthday to bring a lawsuit to recover for a personal injury. Some people argue, however, that a parent’s claim for medical expenses incurred on behalf of the child must be filed by the parent within one year of the incident causing the injury, and thus it makes sense to consult with a lawyer promptly about any injury to your child that you believe was caused by someone else’s negligence.

If the child was injured as a result of medical malpractice, different rules apply. Medical malpractice claims are subject to a statute of repose. A statute of repose imposes an absolute time limit for bringing a claim regardless of the age of the injured person. The statute of repose for bringing a medical malpractice claim is three years. This means that a medical malpractice claim must be initiated within three years of the date of the malpractice regardless of the age of the injured person. Therefore, for example, a medical malpractice claim for a child injured during birth must be initiated within three years of the date of the birth of the child. There are certain other types of lawsuits where a minor must take legal action before his or her 19th birthday.

August 26, 2010

Why Didn’t the Person Who Hit Me Get a Ticket?

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

My car was t-boned at a local intersection. The guy that hit me ran the red light – and admitted that he did so – but he police officer didn’t even give him a ticket! Why was the guy not given a ticket? Did the other driver pay the police officer off?

No, the other driver did not pay off the police officer. Police officers have discretion about when they write a ticket, and sometimes they simply choose not to do so. I must confess that I don’t always understand why tickets are issued in some cases and not in others, but I think it highly, highly unlikely that a police officer would take money not to write a ticket.

The fact that no ticket was written will almost certainly not hurt your case, especially if the police report indicates that the other driver admitted fault. A statement by a police officer in a police report that the other driver admitted fault will carry a lot of weight with his insurance company as it decides whether or not to promptly resolve the claim.

August 25, 2010

Why Are Some Settlements Confidential?

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

I am in the process of trying to hire a personal injury lawyer. In doing my research I find that some lawyers describe various cases on their website but state that the amounts of the settlements are confidential. Why do they do that?

Because an agreement has been made with the insurance company that paid the money that the amount of the settlement is confidential. In my experience, defendants and insurance companies who settle a case for significant money often demand that the settlement be kept confidential – they simply don’t want anyone to know how much they paid.

A lawyer whose client has a confidential settlement is duty-bound not to disclose the amount of the settlement to anyone. Thus, the lawyer will who wants potential clients to know what type of experience he or she has will do a brief summary of the case and simply state that the amount of the settlement was confidential.

August 24, 2010

They Have to Settle – They Don’t Want the Publicity!

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

I believe I was injured as a result of gross negligence at a local hospital. What they did to me was outrageous – the media will have a field day with it. In fact, it may force the hospital out of business. Doesn’t this mean I will get a quick settlement?

Perhaps. It is true that some cases are settled to avoid publicity. But these cases are relatively rare and in my opinion many people over-estimate the impact of the threat of a public airing of a situation will have on the ability to resolve the case. Most (not all, but most) of the time those who are sued or who are at risk of a lawsuit place more importance on the merits of the case and the provable damages than they do on the threat of publicity.

An experienced personal injury lawyer can help you determine whether and when to bring the treatment you received to the public eye. I recommend that you not seek media attention or even speak with the media until you discuss the matter with an experienced lawyer.

August 23, 2010

What is a Pretrial Conference?

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

I have a personal injury trial is three weeks. My lawyer says she has to go to a "pretrial conference" next week. What is that? Do I need to be there?

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. It is rare that clients attend a pretrial conference, but that is question that you need to address with your lawyer.

August 20, 2010

How Much Do Depositions Cost?

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

My car wreck case has not been settled and now my lawyer says we have to take depositions. What are depositions and what do they cost?

A deposition is testimony given by a plaintiff, a defendant or witness in a lawsuit before the case actually goes to trial. The person giving the statement is called the deponent. At the beginning of the deposition the deponent is asked to swear or affirm that the statement will be truthful. The deposition is taken by a lawyer asking questions of the deponent. Usually, the lawyer for the plaintiff will take the deposition of the defendant and the lawyer for the defendant will take the deposition of the plaintiff. Either lawyer may take the deposition of other people who have knowledge about facts important in the case.

The deposition is recorded and transcribed by a court reporter. The cost of a deposition depends on whether you are buying the "original" or a "copy." The person who takes the deposition buys the "original" and other parties each buy a "copy."

August 19, 2010

What Damages are Available to a College Student Hurt in a Truck Wreck?

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

I am a college student who was run off the road by a tractor trailer. I was badly hurt and had to miss a semester of college. It looks like I will have permanent injuries as a result of the wreck. What damages can I recover?

At the outset, let me remind you that no damages can be recovered unless you can prove that the truck driver negligently caused your injury. The case you describe can be difficult, particularly if there was no impact between your vehicle and the truck and if there are no witnesses to the event. An experienced personal injury lawyer can help you determine the likelihood of success of your case.

Now, back to your question. In a personal injury cases arising from accidents with trucks, you can recover monetary damages for past and future medical bills incurred because of the injuries, past and future physical pain and suffering, past and future mental or emotional pain and suffering, loss of earning capacity, disability, lost capacity for the enjoyment of life, and disfigurement.

August 18, 2010

What Do You Charge To Meet With Me About My Case?

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

I was hit by a tractor trailer and my car was totaled. I spent 4 days in the hospital and it looks like I am going to miss several weeks of work. What do you charge for meeting with me to see if I want to hire you as my lawyer?

There is no charge whatsoever. I have never charged for an initial meeting with potential personal injury clients. I meet with personal injury clients wherever is convenient for them. For example, last week I met with one potential client in Kentucky and another in Sparta, Tennessee.

I understand that people who have been injured have difficulty coming to meet in my office and the financial pressure caused by the injury makes it difficult to afford gasoline for the trip. Thus, I am happy to meet with any potential client at a place and time convenient to them, including nights and weekends.

August 17, 2010

Does Bar Association Membership Mean Anything When Trying to Decide What Lawyer To Hire?

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

The law I am thinking about hiring for my personal injury case advertises in the Yellow Pages that she is a member of the American Bar Association. That sure seems impressive, especially since the ads of other lawyers don’t mention that qualification. What does it mean?

Many lawyers advertise that they are members of the Tennessee Bar Association, the American Bar Association, and / or their local bar association. Mere membership in these organizations tells consumers virtually nothing about a lawyer’s competence – all one needs to join these organizations is a law license and the money to pay the dues.

However, active membership in a bar association tends to indicate that the lawyer is interested in advancement of his or her profession. This is a relevant factor to be weighed by consumers because it indicates a passion for the law. A lawyer who has been active in bar associations will list those activities on his or her website. Those that do not list activities probably have not been active and are probably just dues-paying members.

August 16, 2010

A Doctor Made an Error and I Almost Died!

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

I had a surgery recently. The doctor made an error and I also died. I spent two extra days in the hospital. I am fine now but I want to sue him.

You will have a difficult time finding a lawyer to help you with this case. Even assuming that you can prove your case it appears your damages are minimal – two extra hospital days, related experiences, and the trauma of the event. Medical malpractice cases are very expensive to prepare and are very vigorously defended by doctors and their insurance companies. Thus, most lawyers have been forced to adopt a rather high damages threshold before they will accept any malpractice case.

Of course, you should talk to an experienced medical malpractice lawyer and see if he or she can help you. Remember that in Tennessee you must take appropriate legal action within one year of the date of the event causing you an injury. Failure to take timely action will result in a loss of whatever rights you have.