Tennessee Injury Law Center

July 6, 2010

How is Pain and Suffering Valued?

How does a jury determine how much money to give for pain and suffering in a personal injury case?

The jury listens to the evidence and the law as explained by the judge and determines what they believe is a fair amount. There is no formula for determining how much money should be awarded for pain and suffering.

The law simply tells the jurors to use their best judgment to determine how much money to give for pain and suffering. The lawyer for the injured person attempts to help the jury understand the nature and extent of the pain and suffering experienced by his or her client, and the lawyer for the defendant (the person sued) attempts to explain the that pain and suffering was either not real, was not as serious as person said it was, or that the injury is not permanent.

July 5, 2010

Do I Have to Pay Taxes on My Personal Injury Settlement?

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

I received a broken leg in a motorcycle crash and received a settlement from the other driver’s insurance company. Do I have to pay federal income taxes on the money I received?

Not under current federal income tax law. There are certain types of lawsuits that give rise to the duty to report the settlement as income and pay taxes on that income, but those rules do not include monies paid in personal injury cases such as the one you describe.

Tax laws change from time to time. Thus, in the event you receive money in a personal injury case, you should ask your tax advisor if the money you received in the settlement is taxable.

July 5, 2010

Liability for Injuries Caused by Fireworks

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

My neighbor was playing with fireworks this weekend. One of the fireworks shot into my yard and hit me right in the face. I was burned and I injured my left eye. I immediately went to the emergency room and am seeking additional medical treatment. What are my rights?

Some cities in Tennessee prohibit the use of fireworks. If you live in a city that prohibits fireworks your neighbor violated the law and you will have a very strong claim against him.

Even if the law does not prohibit the use of fireworks, your neighbor had the duty to exercise reasonable care while playing with the fireworks so as not to cause injury to anyone else. The strength of your case depends on exact facts.

July 1, 2010

Can I Collect Damages for Lost Wages if I Used Sick Time and Still Got Paid?

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

When I got hurt in a car wreck I missed three weeks of work but still received my normal pay because of accumulated sick time. Can I still ask the person who caused the car wreck to pay me for the time I missed from work ?

Yes. Under current Tennessee law, the law says that a person who caused the wreck and your injuries should not get the benefit of your employer’s sick leave policy. Thus, under what is known as the “collateral source rule,” the fact that you collected sick pay does not impact your right to collect for those “lost” wages in a settlement or trial.

You will need a statement from your employer listing the days you missed work as a result of injury to help the other driver’s insurance company evaluate your claim.

June 30, 2010

Timing a Bankruptcy Filing and the Filing of a Personal Injury or Wrongful Death Claim

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

I was hurt in a wreck with a tractor-trailer six months ago. I lost my job and my medical bills are enormous. I am behind on my mortgage and have been unable to make my car payments. Should I file bankruptcy, get my financial house in order, and then file a lawsuit against the trucking company? I want to be able to get rid of all this debt and be able to keep whatever money I recover in the lawsuit to meet my needs for the rest of my life.

There is a major problem with your plan. When you file for bankruptcy you are asked to answer questions under oath about your assets and liabilities. One of the questions you will be asked is whether you have any claims against another person or entity. Thus, you will have to tell the Bankruptcy Court that you have a claim pending against the trucking company. This is true even though you have not filed a lawsuit – you still are considered to have a claim pending that must be disclosed to the Court.

When you tell the Bankruptcy Court that you have a claim pending that fact will be taken into account in determining whether you are a candidate for bankruptcy and what amount should be paid to your creditors. As I explained in a prior post, you will also lose significant control over the progression of your case.

June 29, 2010

Will Filing Bankruptcy Affect My Personal Injury Case?

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

I have a personal injury lawsuit pending in court. I am 3 months behind on my mortgage and the company is threatening foreclosure. My credit card bills are way behind. I think I need to file bankruptcy. How will filing bankruptcy affect my personal injury claim?

Your pending personal injury lawsuit will become an asset in the bankruptcy proceeding and the value of your case will be taken into account in determining whether you are in fact insolvent and the payment to your creditors.

More importantly, the bankruptcy trustee assumes control of your case and decides whether it should be settled or tried and, if it should be settled, how much it should be settled for. You will have the right to speak your opinion about such matters, but at the end of the day the bankruptcy trustee and the bankruptcy judge will make these important decisions.

Thus, filing bankruptcy will cause you to lose control over you case.

June 24, 2010

What Happens in a Trial?

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

I have never filed a lawsuit and don’t know anything about what happens in a trial of a personal injury or wrongful death suit. Can you explain it?

Sure. In fact, we have written this Legal Guide that I think will answer your questions

June 21, 2010

Aribag Failure

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

I was in an automobile wreck. The front airbag did not work. I received injuries to my chest and face. Do I have a case against the auto manufacturer?

You might. Airbags are designed to fire under certain circumstances, the most important of which include the speed at impact and the angle of impact. An airbag is not designed to fire in every accident.

An experienced product liability lawyer can tell you whether it makes economic sense to investigate a claim against the auto manufacturer. Be sure to preserve the car and do not alter it in any.

June 17, 2010

Yet Another Reason Who Should not Cheat on Your Income Taxes

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

My income tax returns do not include income from a second job I have been working over the last few years. I was hurt in a wreck and missed 6 weeks of work from both jobs. Am I going to be able to recover my lost income from both jobs?

You might, but if you push too hard you may find yourself in the situation where the IRS finds out that you are been cheating on your taxes and you may face criminal and civil penalties for your failure to report income. Also, if the jury finds out that you have not been paying taxes as you should it may hurt your case.

Defendants in cases frequently ask for income tax returns to prove loss of earnings claims, and it your income is not reported it makes it very difficult to recover it. This is often a problem in cases involving small business owners, who all too often understate their income and overstate their expenses in an effort to reduce their taxes. Doing so is not only illegal but also hurts your ability to prove your true damages in a personal injury or wrongful death case.

June 16, 2010

Truck Wrecks in Tennessee

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

I was hurt in a truck wreck, and someone told me that truck drivers and trucking companies have special rules to follow. Is that true?

Yes. In addition to the normal rules of the road (stopping a stop signs, driving the speed limit, etc.) truck drivers and trucking companies have a large number of federal regulations and state laws that they must follow. These special laws are designed to make our highways more safe.

To learn more about this subject, read our Legal Guide called "Understanding Truck Wrecks in Tennessee."