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I live in Tennessee.  I was sexually abused by a neighbor when I was 15.   I am 17 now.   Can I still sue him?

Yes.  Tennessee law requires that you file suit before your 19th birthday.   The failure to file suit by your 19th birthday will result in a loss of your rights.

People sexually abused in Tennessee when they are adults have only one year from the date of the incident to file suit, but special rules apply if the person who was the abuser was a "therapist" within the meaning of T.C.A. Sec. 29-26-203.   If you think you have been abused by a therapist (or anyone else for that matter), contact an experienced personal injury lawyer as soon as possible.   Make sure you discuss this with your parents as soon as possible if you have not already done so.

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My car wreck case is coming to trial soon.  A jury of twelve people will decide my case.  Must they all agree on the result?

Yes, unless the lawyers agree otherwise, all 12 jurors must reach an agreement on the result in the case.

In some states, the law permits jurors to reach a result based on the votes of a "super majority" of the jurors.  For example, some states allow 9 jurors to agree or 10 to agree on one result and the other 3 or 2 jurors can reach a different result.   That is not true in Tennessee.

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I was hurt in a truck wreck.    I could not get the case settled and I filed a lawsuit.  Now the trucking company is asking me all sorts of personal questions.  Can they do that?

Yes, within limits.   A person who is sued has the right to ask you information about your claim and also questions reasonably designed to find evidence that might be admissible at trial.   Thus, if you allege that you hurt your back in a lawsuit, they have the right to know if you ever hurt your back before and, if so, how you were hurt and what medical treatment you received.

If you claim you lost wage as a result of the accident the company has a right to know how much money you make and see documentation of your wage loss.

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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. 

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 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.

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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.

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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.

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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.

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 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.

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