Tennessee Injury Law Center

April 22, 2010

Understanding The Steps in the Litigation Process

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.

April 9, 2010

Understanding Wrongful Death Cases in Tennessee

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

1. What is a wrongful death case?

Answer: A wrongful death case is a lawsuit in which it is asserted that one person intentionally, recklessly or negligently caused the death of another person.

Wrongful death cases can arise because of automobile wrecks, truck wrecks, bus wrecks, medical errors, pharmacist errors, fall injuries, construction accidents, and a large number of other situations.

April 9, 2010

Understanding Truck Wrecks in Tennessee

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

1. What are the responsibilities of truck and bus drivers?

Answer: Truck and bus drivers are required to live up to the same standards and laws as every other driver on the road. In addition to these general rules, there are special safety laws that also cover most commercial drivers.

First, to prevent drivers from driving so long that they become dangerously tired, the law sets maximum hours they are allowed to work before taking a break. Truck drivers cannot drive more than eleven hours in one shift without stopping to take a break. Also, no matter how much time they spend behind the wheel, a truck driver has to stop and take a break within fourteen hours of the time the driver first clocks in to work for a shift. A break has to be ten hours in a row completely off duty. It does not matter if a truck driver works for two or three different companies; to comply with the law, the truck river must take a ten hour break from any and all jobs.

April 9, 2010

Understanding Product Liability Claims In Tennessee

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

1. What is a products liability claim?

Answer: A products liability lawsuit is a claim that a person was injured or died due to a problem with a product. A “product” can be almost anything that can be manufactured, including cars and planes, medication, consumer goods like lighters and lawnmowers, and industrial machinery.

In a products liability lawsuit, the manufacturer of the product can be held liable for the problem with the product that caused an injury or death. Manufacturers include designers and makers of products, as well as those who design or make parts of products (such as the maker of an axle to be used in an automobile).

April 9, 2010

Understanding Medical Malpractice Cases in Tennessee

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

1. What is a medical malpractice case?

Answer: Cases for injuries caused by a medical provider during the course of providing medical treatment are called medical malpractice cases. There are many different fact situations which can form the basis of a claim. The injury may be the result of something the medical provider did such as performing surgery on the wrong arm or leg. Or the injury may be caused by the medical provider’s failure to provide appropriate medical care or make a timely diagnosis. Medical malpractice claims may include claims against doctors, nurses, hospitals, nursing homes, pharmacies, home health agencies, and other types of health providers.

2. What is the deadline for filing a medical malpractice case in Tennessee?

April 9, 2010

Understanding Damages in Personal Injury Cases

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

1. What is a personal injury?

Answer: A personal injury is an injury to a person caused intentionally or by the negligence of another.

2. What types of personal injury cases are there?