Tennessee Injury Law Center

April 29, 2010

I Think I Have Food Poisoning. What Should I Do?

I ate a local restaurant last night and about three hours later I began developing severe nausea, bad stomach cramps and diarrhea. I was up all night. I don’t feel any better this morning. I think I may have food poisoning. What do I do?

It is possible that you simple case of the flu, and if you have recently come into contact with others in your family or at work who have that condition that may be the explanation for your problems. It is also possible that you have some other medical condition that is causing these problems.

Then again, you may have food poisoning. It is estimated that 76 million foodborne illness cases occur in the United States every year after eating foods contaminated with such pathogens as E. coli O157:H7, Salmonella, Hepatitis A, Campylobacter, Shigella, Norovirus, and Listeria. Each year approximately 325,000 people are hospitalized with a diagnosis of food poisoning, and some 5,000 die.

April 28, 2010

What is Uninsured Motorist Insurance Coverage and Why Do I Need It?

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

I talked with my insurance agent today and she said I could save money on my auto insurance if I reduced my uninsured motorist coverage to the minimum amount. She said that in Tennessee everyone is required to have auto insurance so this coverage doesn’t do me much good. Is she right?

Well, she is partially right, but the advice she gave you is wrong.

Uninsured motorist insurance coverage protects you if the driver of another car causes a wreck and have no insurance coverage or does not have sufficient insurance coverage to pay for the harm they cause. Tennessee does require every car to have liability insurance coverage, but the law is relatively weak in that you just have to have proof of liability insurance coverage if the police pull you over, usually for something else. In states that are really serious about it, such as North Carolina, you have to have proof on insurance coverage to get a license plate for your car, and if the insurance expires the State is notified and the police come out and take the tags off your car.

April 27, 2010

What Happens in a Personal Injury Trial?

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

I have a lawsuit pending and a jury trial is scheduled for this summer. I am nervous about it because I have never been in the courthouse before, much less sat in a trial. What is going to happen?

We are written a Legal Guide that addresses that very issue. "Understanding What Happens at Personal Injury or Wrongful Death Trial" will give you a step-by-step explanation of every aspect of a civil jury trial.

We hope this Guide gives you some peace of mind as you approach the date of your trial. There is little doubt that going through a trial creates stress, but that stress should be reduced by the explanation of the process as set forth in our Guide.

April 26, 2010

Can I Sue My Child’s Foster Parents?

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

My child temporarily went into the Tennessee foster care program. While she was in the care of her foster parent the foster parent ran a red light and my child was severely injured. Can I sue the foster parent for harming my child?

In Tennessee you cannot sue the foster parent for causing this wreck and injuring your child but you can sue the State of Tennessee.

Under Tennessee law foster parents are considered employees of the state. If a state employee who is on the job causes a car accident and a person is hurt, the state employee cannot be sued but a claim can be filed with the State of Tennessee Claims Commission. The claims process is similar to a lawsuit, but the case is decided by a judge (called a commissioner) and not a jury and the damages that can be awarded to any one person for any claim are limited to $300,000.

April 24, 2010

Child Sexually Abused by Neighbor

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

I just discovered that my daughter was sexually abused by a adult neighbor. What can I do about it?

First, you should call the police and report that a crime has occurred. Cooperate fully with the police department.

Second, you should take your child to a doctor for an examination. Talk to the doctor about counseling for your child. The police may also have some suggestions for counseling assistance.

April 22, 2010

Understanding The Steps in the Litigation Process

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

My neighbor is in a lawsuit and she says that they are in "discovery." What is that?

The discovery phase of a lawsuit is the phase during which each side finds out about the other side’s claims and defenses. The various methods of gaining this information are often referred to as tools of discovery or simply “Discovery.” These methods include depositions, interrogatories, requests for production, medical evaluations, requests for admissions, and subpoenas.

To gain a complete understanding of what happens during discovery and as a case progresses toward a trial, read our Litigation Guide called "Understanding The Steps in the Litigation Process."

April 21, 2010

I Got Beat Up. Can I Sue the Jerk that Did It?

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

A guy I knew beat me up and broke my leg. I have missed time from work and have several thousand dollars worth of medical bills. This happened at his house and I know he has homeowner’s insurance. Can I sue him and get the homeowner’s insurance to pay?

The homeowner’s insurance company will almost certainly not pay for the harm you suffered. Almost all (if not all) insurance companies have a provision in the insurance policy saying that they will not pay for acts that are intended by the insured. Thus, because your leg was broken when the homeowner beat you up (as opposed to falling because a handrail on a stairway broke – an injury probably caused by negligence) – the insurance company will say they are not responsible because the injury was intended by their insured.

You can still sue the guy that beat you up but the problem is trying to collect money from him. If you win the case you can seize money from his bank accounts, take a portion of his wages over time, and try to sell his other assets. However, many times people who commit such acts don’t have assets or even jobs.

April 19, 2010

Borrowing Money From Companies That Specialize in Litigation Financing While a Lawsuit is Pending

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

I have a personal injury case and I am broke. There are companies that advertise on TV that say they will loan me money and let me pay them back out of the settlement I will get in my personal injury case. Should I take their money?

No. The interest rate these companies charge is obscene. You should do everything you can to stay away from these companies.

How do you keep body and soul together as your case proceeds? First, if you suffer an injury that results in loss of income or significant medical expenses you should immediately start cutting back on non-essential expenses in your lifestyle. You need to do what you can to limit expenditures to essentials – shelter, utilities, food, clothing and medical care.

April 16, 2010

Lawyer Advancing Money to Client – Is it Ethicial?

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

I am sure my case is going to settle soon. Can my lawyer lend me money toward the settlement I know I am going to receive?

No. In Tennessee it is unethical for a lawyer to loan you money while he or she is representing you in a case. Rumor has it that some lawyers will promise potential clients that they will help them with living expenses and that some lawyers actually do it. Indeed, some people say that some lawyers will offer money to clients in an effort to get hired by the clients. However, this is wrong, and a lawyer who promises to do so or actually does so should be reported to the Tennessee Board of Professional Responsibility at 800.486.5714.

April 14, 2010

Board Certification for Trial Lawyers

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

Q. What does it mean when a lawyer is “board certified?”

A. Just like doctors can be “board-certified” in surgery or pediatrics or a large number of specialties, lawyers can choose to seek board certification in several different areas in the law.

There are several civil trial certifications available in Tennessee – civil trial specialist, medical malpractice, legal malpractice and family. A civil trial specialist must (a) have a demonstrated level of experience in trying civil cases; (b) pass a written examination that covers certain aspects of civil law, evidence, and ethics; (c) receive positive recommendations from judges and attorneys that he or she has tried cases against; (d) have a good disciplinary history. The attorney applies for civil trial and family trial certification with the National Board of Trial Advocacy, a division of the National Board of Legal Specialty Certification. Medical and legal trial certification is available from another group.

If a Tennessee attorney is certified by this group, the attorney must then apply to the Tennessee Commission on Continuing Legal Education and Specialization Commission for certification in Tennessee. The Tennessee Commission imposes additional requirements, including professional liability insurance and client recommendations.