Tennessee Injury Law Center

May 17, 2010

I Have to Pay My Insurance Company Back

I was in a car accident and broke my wrist. My health insurance paid my medical expenses. I sued the driver that caused the wreck and received a settlement for $75,000. My lawyer says I have to re-pay my health insurance company out of my settlement. Is that correct?

It almost certainly is correct. My health insurance companies have a provision in their contract with you that if you incur medical expenses and later recover those expenses from the person who caused you to get hurt and incur the expense you must re-pay the insurance company.

There are some exceptions to this rule. An experienced personal injury lawyer can help you determine whether you have the obligation to re-pay your health insurance company and whether there is a way for you to reduce the amount you are otherwise obligated to pay it.

May 11, 2010

Passenger Injured in Bus Accident Wants to Know Rights

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

I was visiting Nashville on a bus tour that started in Rockford, Illinois. The bus driver wasn’t paying attention, ran a red light, and our bus got hit on the side by a pick-up truck that was coming from our left. The truck hit the bus right under where I was sitting, and I received a broken ankle. I have missed three weeks from work and incurred lots of medical bills. What are my rights?

Bus companies that operate in interstate commerce have an obligation to follow federal laws that are very similar to the laws that over-the-road truckers have to follow. They must register with the federal government and follow numerous regulations designed to enhance passenger safety. Some of these regulations include strict rules about how many hours a day the driver can operate the bus and the qualifications of the bus driver. Others ban the use of drugs and alcohol before driving and require testing of bus drivers after certain types of accidents.

Since it appears the bus driver was at fault and the wreck occurred in Tennessee, Tennessee law will apply and you will be able to recover damages for lost wages, lost future earning capacity, past and future medical expenses, pain, suffering, disability, disfigurement and loss of enjoyment of life. Federal law may also play a role, because a violation of federal regulations applicable to the driver or the bus company may be admissible in the Tennessee case.

May 10, 2010

The Lawsuit Explosion

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

It seems like everybody is suing everybody. How many personal injury and wrongful death lawsuits are filed in circuit court every year in Tennessee?

Believe it or not, the number of lawsuits for personal injury cases and wrongful death cases in Tennessee is staying about the same, despite the increases in population.

There were 10,659 such cases filed in circuit and chancery court in Tennessee for the fiscal year ending June 30, 2009. In the previous year there were 11,171, so filings were down about 5%. The year before (ending June 30, 2007) the total number of filings were 10,165.

May 7, 2010

What Are Interrogatories?

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

I am in a lawsuit and just got sent interrogatories. What are they?

Interrogatories are written questions that one person in a lawsuit sends to another person in a lawsuit. The party that receives the interrogatories must answer them in a certain period of time, unusually thirty days.

Your lawyer will guide you through answering the interrogatories. It is very important that you tell the complete truth when you answer the questions. The failure to tell the truth will have an adverse impact on your case.

May 6, 2010

The Wheel of My Car Fell Off! What Are My Rights?

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

I was driving my car when the wheel fell off. I lost control of the car and had a wreck. I ended up in the hospital with lots of broken bones and a concussion. I have missed three months of work. Do I have any rights?

You might. However, it will be very important that to find and keep the car you were driving and the wheel that came off the car. This evidence is essential to determining if you have a valid case and proving your case if you actually have one. An experienced personal injury lawyer can help you find your vehicle.

If you find the car and wheel on your own, take steps to preserve it from the elements and from any other damage. Do not do any independent tests. Do not do any work or alter it in any way. Make sure it stays in a secure place until your lawyer can help you with preserving it.

May 5, 2010

Should I Get a Second Opinion?

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

I have a personal injury case and I don’t think my doctor is listening to me. Should I get a second opinion?

Talk to your lawyer before you get a second opinion. An experienced lawyer will have some knowledge of the doctor’s reputation and, after looking at the medical records, have a good idea whether the doctor is doing what he or she can to help you. Sometimes, there is nothing a doctor can do to help, and changing doctors only complicates your case.

That being said, both you and your lawyer want you to reach as full of recovery as you can. You may need to consult with another doctor to either reach that recovery or to have confidence that everything is being done for you that can be done, However, it is best to consult with your lawyer before seeking a second opinion.

May 4, 2010

Can I Sue the Soccer Referee or Baseball Umpire?

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

My daughter was hurt in a soccer game because the ref refused to reign in a reckless player on the opposing team. Can I sue? My son is devastated because he was improperly called out on strikes by a blind umpire. Can I sue?

Setting aside the merits of these complaints, or the wisdom of pursing such a claim, Tennessee law gives a relatively high level of immunity to sports officials. Under Tennessee Code Annotated Section 62-50-201, a “’sports official’ means "any person who serves as referee, umpire, linesperson or in any similar capacity in supervising or administering a sports event and who is registered as a member of a local, state, regional or national organization that provides training and educational opportunities for sports officials."

Section 62-50-202 provides that "[a] sports official who administers or supervises a sports event at any level of competition is not liable to any person or entity in any civil action for damages to a player, participant or spectator as a result of the sports official’s act of commission or omission arising out of the sports official’s duties or activities."

May 3, 2010

Can My Wife Be Sued for Killing Her Father Even Though She Has Not Been Charged With A Crime?

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

My wife is suspected of killing her father. She did not do it, but the police are continuing to investigate the crime and she has been told she is a suspect. She has not been charged with any crime. Now, her mother and her sister say they are going to sue her for killing her father. Can they do that?

Under Tennessee law, your wife could be sued for wrongful death even if she has not yet been charged, tried, or convicted of the crime of murder. Murder in criminal law would be “battery” under the civil law, and a civil law suit for battery can be filed even if the criminal charges have not been filed. Damages that can be sought for battery include compensatory damages and punitive damages.

In fact, under Tennessee law a person can be found innocent of murder in a criminal case and still be successfully sued for battery arising out of the same incident. Why? Because in a civil wrongful death case the person bringing the lawsuit must only prove the that the defendant killed the decedent by a preponderance of evidence (that is, more likely than not). In a criminal case the State must prove beyond a reasonable doubt that the defendant murdered the decedent. Thus, the criminal court jury could conclude that the State did not prove what it needed to send the defendant to prison but the civil court jury could conclude that more likely than not the defendant killed the decedent and award damages.

May 3, 2010

Does My Insurance Cover Flood Losses?

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

My home and belongings have been damaged by the flooding in Middle Tennessee? What are my rights?

First, you need to see if your homeowner’s insurance provides you any protection. Unfortunately, most homeowner’s insurance excludes damages due to flooding.

Second, check and see if you have flood insurance. If you asked your agent to get you flood insurance and they did not provide it you may have a claim against your insurance agent. If you do have flood insurance, contact your agent immediately and get the claims process underway.

April 30, 2010

I Want to Fire My Personal Injury Lawyer!

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

I have a personal injury case. The lawyer is working on a contingent fee. As far as I can tell he is going nothing. He doesn’t return my phone calls. He has had my case for six months and no lawsuit has been filed or, if it has, nobody has told me it has. I have lost confidence in this lawyer and want to fire him. However, I can’t afford to pay him for whatever work he might claim he has done. What should I do?

First, I would encourage you to give the lawyer one more chance to explain what is going on and why he will not respond to you. If you had a good reason to hire this lawyer in the first place, you should make an effort to give him a chance to explain his conduct.

If you hired this lawyer on a whim, or if you feel you have given him plenty of chances and you have lost all confidence in him, you can fire him whenever you want to. More importantly, you almost certainly do not have to pay him at this time for the work he has done.