Tennessee Injury Law Center

May 5, 2010

Should I Get a Second Opinion?

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.

April 29, 2010

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

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

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.