Tennessee Injury Law Center

June 27, 2013

Are Burial Expenses Recoverable in a Tennessee Wrongful Death Lawsuit?

Tennessee law permits the recovery of funeral and burial expenses as part of the damages in a wrongful death lawsuit.

The case law is unclear about whether there is any limit on the amount of funeral and burial expenses that may be recoverable. Presumably, the law permits only the recovery of a "reasonable" amount of such expenses, but there is no fixed dollar amount or any other guidance on this issue.

Therefore, evidence of the amount of funeral and burial expenses incurred must be gathered and presented as part an effort to settle a wrongful death case. Appropriate evidence must also be introduced at trial in the event the case cannot be settled.

June 26, 2013

Tennessee Wrongful Death – Can A Spouse Who Wasn’t Living With the Decedent File a Wrongful Death Lawsuit?

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

Under Tennessee law, the spouse of the decedent usually has the right to file and control a wrongful death lawsuit. However, a spouse can lose the right to file and control the wrongful death suit if he or she has abandons or becomes "willfully withdrawn" from the decedent for a period of two years.

If this situation exists, the courts will presume that the surviving spouse has forfeited his or her rights to file and control the wrongful death suit and that right will go to others.

If a dispute about this occurs, the surviving spouse will have the right to be heard in court and argue that he or she is the appropriate person to file and control the lawsuit. A determination against the spouse can also affect his or her right to receive any of the proceeds of the wrongful death lawsuit itself.

June 25, 2013

Do I Have to Give A Statement to The Insurance Adjuster?

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

You have no legal obligation to give a statement about the events giving rise to a Tennessee automobile, truck or motorcycle accident to the adjuster to the at-fault driver’s insurance company. We typically recommend that our clients do not give such a statement, especially before they are prepared by one of our lawyers on how to give a proper statement.

We are not suggesting that we ever permit a client (or a witness) to change his or her testimony. Nor to encourage a client (or witness) to do so. But preparation for a recorded statement (and they are almost always recorded) greatly reduces the chance of an error that can harm the case.

On the other hand, you probably do have a contractual obligation to give a statement to your own insurance company. Your insurance policy probably requires you to do so. Once again, it is best that you seek the advice and help of a lawyer before giving the statement.

June 14, 2013

Traffic Deaths in Tennessee Are Way Below That of 2012

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

The Tennessee Highway Patrol reports that deaths in traffic accidents are significant’y lower in 2013 than they were at this point in the year in 2012.

By this date last year, 458 people in Tennessee had died from traffic related accidents. This year, 388 people have died, a drop of 70 people.

Motorcycle deaths are down 25%, from 60 to 45. Bicyclist deaths are down almost 50%, from 7 to 4.

June 11, 2013

Damages That May Be Awarded in Tennessee Personal Injury Cases

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

The Law Offices of John Day, P.C. website has just added some new material on the damages that can be awarded to Tennessee personal injury victims.

The new pages on our website address the issue of the limits on damages in Tennessee cases after the new tort reform law and gives an example of how tort reform limits damage awards in Tennessee. Also discussed is whether prejudgment interest applies to damage awards in personal injury cases in Tennessee and how subrogation affects the recovery of damages in Tennessee injury cases. We also explain how a jury determines the amount of damages to be awarded in a Tennessee injury case.

We hope that this information will assist you as you attempt to understand Tennessee law of damages. Our website allows has lots of other information that can assist you in getting a better grasp on Tennessee personal injury law, so take some time to review other pages on the site as well. Of course, each case is different, so be sure to speak to a competent, experienced lawyer before taking any action that will affect your legal rights.

June 11, 2013

Contingent Fee Agreements With Tennessee Injury Lawyers Must Be in Writing

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

Tennessee ethics rules for attorneys who represent people involved in personal injury cases or wrongful death cases on a contingent fee basis provide that the lawyer must have a written fee agreement with their client.

It is important that, as a prospective client, you read the agreement and make sure you understand what the fee is and how it will be charged.

If you are pressured to sign it the same day you meet with the lawyer, be careful. If you must take it home to read it carefully, or to review it with a family member, you should do so. Do not be forced into signing such an agreement before you have had the opportunity to study it. Do not be afraid to ask questions about any provision of the agreement that you do not understand.

June 7, 2013

Sources of Unbiased Information About Tennessee Personal Injury and Wrongful Death Attorneys

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

There are lots of lawyers who are willing to represent you in Tennessee automobile and truck accident cases, Tennessee medical malpractice cases, and other types of Tennessee injury and wrongful death cases. How do you figure out who to hire for your case?

One place to look is for sites listing "top lawyers" or "best lawyers." However, the qualifications for some of these listings require nothing more than a credit card and really tell you nothing about the actual qualifications of the lawyer or what his or her peers think about his or her legal work.

Here are some "best lawyer" sites that you can trust to help you find the right lawyer for your case"

June 3, 2013

Lawyers Use of Non-Lawyers to Solicit Injury Cases In Tennessee

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

In the legal profession they are called "runners" – non-lawyers who approach Tennessee personal injury victims and families of Tennessee wrongful death victims and try to persuade them to hire a particular lawyer or law firm. They may come to the scene of an accident, a hospital room, a residence, even a funeral home. Sometimes they are paid for their services, sometimes they do it just to have an "in" with a lawyer.

Runners may be ambulance drivers, tow truck operators, nurses or hospital technicians. Whoever they are and however they approach you, what they are doing is wrong. It is improper for a lawyer to employ the service of a non-lawyer to solicit personal injury clients or wrongful death clients. It is also improper for the lawyer to conduct this type of activity himself or herself.

So why do some lawyers do such a thing? Why would a lawyer put his or her law license on the line to get a new client? Because they have trouble getting clients based on their reputation or any of the other ways good lawyers find good clients. And the reason that they have trouble getting clients in an ethical way is that they aren’t good lawyers.

May 24, 2013

What is a “Structured Settlement” in Tennessee Personal Injury and Wrongful Death Litigation?

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

A structured settlement is an agreement reached between a plaintiff (the person who files a lawsuit) and the insurance company for the defendant (the person or company that is sued) to pay a personal injury or wrongful death settlement to the plaintiff over time rather than paying the money in a lump sum.

Such settlements can be structured to pay out the money over any period of time, from a year to a lifetime. The payments can be a combination of monthly payments and "bonus" payments every five years. There is virtually no limit as to how payments can be structured; the financial and other needs of the individual determine how a structured settlement will work.

Every structured settlement includes the payment of interest, and this interest is tax-free assuming that the appropriate rules are followed.

May 23, 2013

Number of Dog Bite Claims Stays About the Same in United States

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

A recent report on the financial consequences of dog bites shows that there were 16,459 dog bite claims in the United States in 2012, a number actually less than the it was ten years earlier, when there were 16.919 claims. No specific information was provided about the number of dog bite claims in Tennessee.

The data comes from the Insurance Information Institute("III"), a company that gathers and shares data about all sorts of insurance claims. According to the III, he average cost per claim was $29,752.

State Farm, a major insurance company that sells homeowner’s insurance (the type of liability insurance that is typically available to victims of dog bites) paid 3,670 dog bite claims in 2012. The total amount of money paid by State Farm on those claims was $108,000,000. Thus, State Farm’s average cost per claim was quite close to the national average of all claims.