Tennessee Injury Law Center

July 28, 2010

Pharmacy Mis-Fills

My doctor gave me a prescription. I took it to my local pharmacy and got it filled. I took the medicine for three days, twice a day, just like the doctor said when I passed out and hit my head on the kitchen table. I woke up in the hospital two days later with a horrible headache and 15 stitches on my head. It turns out that rather than give me 50 mg. pills like the doctor ordered the pharmacy gave me 500 mg pills. My doctor said that this medicine built-up in me and caused me to pass out. He said that if I would have taken those bigger pills for a couple more days I would have died. Can I sue the pharmacy?

Yes, if you can prove that the prescription was for 50 mg. and it was filled at 500 mg. the pharmacist committed a clear error. It will be important to get a copy of the original prescription form and make sure that it clearly called for only 50 mg. pills.

You will also have to prove that taking the extra-high dose caused to you pass-out and hit your head. A medical doctor will have to testify about this.

July 27, 2010

Why Can’t I Find Out How Much Insurance The Other Driver Has?

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

I was in a car wreck several weeks ago. The other driver’s insurance company called me and asked me some questions. I then asked him how much insurance his driver had, but he refused to tell me. He said that in Tennessee I could not find out how much insurance the other driver had, even if I filed a lawsuit. Is that true?

Yes. Tennessee is the only state in the nation that does not require an insurance company to disclose the amount of liability insurance in place for an accident. This is a result of a powerful lobbying effort in the Legislature, led by Tennessee Farmers Mutual Insurance Company.

Sometimes an insurance company will voluntarily disclose the amount of coverage it has. However, in the ordinary situation, the only way you can discover how much insurance the other driver has is to win a lawsuit and start the process to collect the money you are due.

July 23, 2010

Why Won’t My Doctor Come to Court to Testify?

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

I was hurt in a truck wreck and my case is coming to trial. My lawyer says that my doctor will not come to court to testify about her treatment of me. I think she would make a good witness and I want her there. Can’t she be subpoenaed to trial?

Not in Tennessee. Tennessee has a special law that provides that doctors, psychologists, lawyers, and certain other people do not have to obey a subpoena to trial unless the judge specially orders them to court. People who are exempt from subpoena often give their testimony by a deposition that is read to the jury. Sometime, the testimony of these witnesses will be videoed and the video will be shown to the jury.

Why does this law exist? The Legislature determined that the professional schedules of these people made it very difficult for them to go to court and testify in person. It is difficult to predict exactly when a witness at trial, and having a doctor sit and wait for the opportunity to testify may cost as much as $1000 per hour. Thus, this law saves litigants money as well as permitting the professionals covered under the law to avoid testimony in court.

July 22, 2010

Who Receives the Damages in a Tennessee Wrongful Death Lawsuit?

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

My dad was killed in a truck accident. My mother filed a lawsuit and recovered a large amount of money. What happens to that money?

Generally speaking, damages for the personal injury claim (the claim that arises from the period of time between the injury and the death) are distributed under the will of the decedent and, if there is no will, under the law of intestate succession. The law of intestate succession is described below.

Funeral expenses are re-paid to the person who paid the funeral bills.

July 21, 2010

What Damages Are Recoverable in A Tennessee Wrongful Death Trial?

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

My husband was killed in a car wreck. What damages am I entitled to receive from the person who caused the wreck?

These are the types of damages that can be recovered in Tennessee : (a) medical expenses for treatment of the injuries that resulted in death; (b) funeral bills; (c) conscious pain and suffering from the date of the injury until the date of death; (d) loss of enjoyment of life between the date of injury and death; (e) loss of earning capacity between the date of injury and death; and (f) the pecuniary value of life.

In all cases, the pecuniary value of life includes the present value of the decedent’s lost future earning capacity less those living expenses necessary to maintain the decedent’s person so that they can work. In cases involving the death of a spouse, the surviving spouse can recover damages for the loss of consortium of the decedent. In cases involving the death of a parent, the children can recover damages for the loss of love, society, affection and guidance of the parent. In cases involving the death of a child, the parents can recover damages for the loss of love, society and affection of their child. Each of these types of damages are included in the definition of the “pecuniary value of life.”

July 19, 2010

The Lawyer Who Announces A Special Relationship with the Judge

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

I met with a personal injury lawyer and she tried to tell me that she could help me win my case because the judge is a friend of hers. Will her relationship with the judge help me?

Lawyers who say such things are scumbags. 99.9% of judges would never allow their personal feelings for a lawyer to directly affect the outcome of the case. To do so would be unethical, and 99.9% of judges would never consider acting in such a fashion.

It is true, of course, that judges tend to respect lawyers who are prepared, who show up to court on time, who understand law and court procedure, and who answer the judge’s questions directly and honestly. And judges, like every other human, would tend to more readily accept the word of a lawyer who earned respect than a lawyer who demonstrated that he or she was not entitled to respect. But disregard the facts or the law simply because of a personal relationship? No, this sort of thing rarely happens.

July 19, 2010

How Long Will My Trial Last?

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

I was hurt in a car wreck and my case will be heard by a jury starting September 20. How long will the trial last?

There are various factors that influence the length of the trial. The complexity of the case is the biggest factor. Cases with complicated liability issues or severe injuries tend to last longer. Cases will few liability issues or relatively small damages take less time.

The judge’s working hours make a difference. A typical schedule is 9:00 to 5:00, with an hour break for lunch and a morning or afternoon break. This means that the trial itself will consume about 6.5 hours per day. However, some judges schedule other matters during the day that limit the amount of time that the case is actually presented to the jury.

July 16, 2010

Should I Hire the Lawyer Who Says He Gets Big Settlements?

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

I notice that lots of personal injury lawyers advertise that they have received big settlements? Should that be a factor in determining what lawyer I should hire?

That may tell you something, and may tell you nothing. Lawyers tell an old joke that goes like this: Do you know how to get a $1,000,000 settlement? Mess up a $2,000,000 case.

Experienced lawyers know that that the size of a verdict or settlement does not reveal much information on how well the case was prepared or tried. Indeed, a sizeable verdict or settlement could mean that the client had a good case and good have had even a better result if a more capable lawyer had handled the case. So, while the size of verdicts and settlements gives you an idea of the size of case the lawyer may have experience working on, it does not tell you much about the quality of the work done on that case.

July 15, 2010

Do I Have the Right to File a Wrongful Death Lawsuit?

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

My brother was killed in a motorcycle accident. He was not married and has no children. Our father is alive, but my mother is not. Our father simply doesn’t have the emotional strength to file a lawsuit over the death of his son, but we cannot let my brother’s death go without holding the truck driver who killed him responsible. Do I have a right to file a wrongful death lawsuit for the death of my brother?

Only if you are named the executor in your brother’s will or are appointed the administrator of his estate by the court.

Generally speaking, these are the rules for who may file a wrongful death lawsuit in Tennessee:

July 14, 2010

Should My Lawyer Have Malpractice Coverage?

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

I need to hire a personal injury lawyer. Should I ask if the lawyer has malpractice coverage or can I assume that the lawyer has the coverage because it is required by law to have it?

Believe it or not, there is nothing in the law that requires lawyers to have malpractice insurance coverage. Any lawyer can make a mistake, and he or she should have malpractice insurance to protect a client from harmed by the mistake. Feel free to ask the lawyer you are thinking about hiring whether he or she has malpractice insurance coverage and ask them to confirm their answer in writing. If they don’t have it, hire a different lawyer.

Why would a law firm not have malpractice coverage? There are only two reasons. First, they cannot buy it. It is difficult to purchase malpractice insurance coverage if you handle class action and other specialized types of cases. Second, the lawyer is trying to save money. Malpractice insurance coverage is expensive and there are some lawyers who simply will not spend the money to protect their clients from an error.