Tennessee Injury Law Center

September 28, 2012

Claims Against the State of Tennessee for Injuries and Death to Children in Its Care, Custody or Control

Tennesseans have been surprised to learn that thirty-one children who had interaction with the Tennessee Department of Children’s Services have died this year. Apparently, 202 children that DCS officials said died in two previous years after having had some interaction with the agency when they were alive.

According to the Tennessean, DCS data revealed that 10 infants who died were the subjects of open case files by DCS workers died between January and June, 2012. An additional 17 children died who had been investigated by DCS in the past. Four children died in state custody during the same time period.

DCS is alleged to have violated the law by failing to report these deaths, according to an article in the Tennessean.

September 27, 2012

Damages Recoverable for Personal Injuries from in Tennessee Car Accidents

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

A person who suffers an injury in Tennessee automobile accident as a result of the negligence of another person has a right to recover damages for their injuries. As a Tennessee car accident attorney i am fortunate to have represented many people who have been injured in car and truck accidents.

Tennessee law provides that a car or truck accident injury victim can recover damages for the following:

medical expenses
lost wages
pain
suffering
disfigurement
disability
loss of enjoyment of life.

If the injury received in the car or truck accident results in future or permanent physical or emotional problems, additional damages may be recovered for

September 26, 2012

Why Does A Lawyer Have to Pay to Get Medical Records?

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

In virtually every type of Tennessee personal injury case a lawyer will be required to order medical records concerning the treatment that the received in the incident giving rise to the injuries. The lawyer is charged for every page of every record from every health care provider. At the Law Offices of John Day, P.C. we have spent over $1000 to order medical records for a single client.

Why do lawyers have to pay for records? The health care industry got a special law passed that permits each health care provider to charge a minimum fee for the first five pages of records ($20), 50 cents for each additional page plus the cost of mailing the records. An additional $20.00 is charged when the lawyer asks the provider to certify the records as “business records” under the law.

The charges are clearly unreasonable, especially in light of the fact that many records are now electronic and it is much easier to produce medical records. However, the health care lobby is very strong and thus the charges will undoubtedly continue.

September 14, 2012

Damages That May Be Discovered in a Tennessee Wrongful Death Case

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

This new video explains the types of damages that can be received in aTennessee wrongful death case. The same types of damages are recoverable in all types of wrongful death cases, whether caused by a truck accident,car accident, medical error, defective product, or any other type of negligent act.

John Day represents people who have been injured or lost a loved one due to the negligence of another person or company. John has been listed in Best Lawyers for 20 years, and has the highest legal rating a lawyer can earn by the legal rating service Martindale and AVVO. An author of two books on law and over 50 articles for legal publications, John has given approximately 300 speeches to lawyers in over 15 states on personal injury, wrongful death, and related subjects. He represents people across Tennessee in personal injury, wrongful death, medical malpractice, products liability and other civil cases. To read what his clients have said about him and his law firm, click here.

September 10, 2012

Mediation in Tennessee Personal Injury and Wrongful Death Cases

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

A mediation is formal method used to settle disputes of any kinds, including personal injury and wrongful death cases.

Mediation usually consists of each side of the lawsuit sitting down with a person who has no particular interest in the outcome of the case (the mediator) and trying to resolve their dispute. The mediator may be a judge or a private citizen. In Tennessee personal injury and wrongful death cases the mediator is a judge (not the judge that will hear the case) or a lawyer with special mediation training.

Mediation can be ordered by the court or it can be agreed to by the parties to the case.

September 9, 2012

Will The Tennessee Supreme Court Hear My Personal Injury or Wrongful Death Case?

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

The Tennessee Supreme Court does not have to review any personal injury case or wrongful death case. If a litigant is unsuccessful in the Court of Appeals, he or she can ask the Tennessee Supreme Court to consider the case, but the Court has absolute discretion over whether it will hear the case.

What are the odds that the Court will hear any personal injury or wrongful death case? Here are the numbers: For the year ended June 30, 2011, the Court was asked to consider 952 civil cases. Civil cases include personal injury cases include personal injury and wrongful death cases, divorce cases, contract cases, and all other types of cases other than criminal cases. How many cases did the Court accept? 54. So, in general the odds are about 1 in 19.

The Court looks for cases of important public interest and cases where the three divisions of the Court of Appeals have differing views on the law. The Court rarely takes cases where the only complaint is that the jury reached the wrong result. The Court lacks the resources to accept the appeal of all of the cases it would like to hear.

September 7, 2012

Tennesseans Filing Lawsuits Now Face Up to $10,000 in Sanctions if Case is Dismissed

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

People who filed lawsuits in Tennessee may be hit with up to $10,000 in payment of a defendant’s attorney’s fees and costs if their lawsuit is dismissed on a motion to dismiss.

A motion to dismiss is a paper filed by a defendant to a lawsuit who seeks to dismiss a case before a trial or before any discovery. If the motion to dismiss is granted, the person filing the lawsuit may have to pay up to $10,000 in attorney’s fees and other costs incurred by the defendant in the defense of the case.

There are a couple of exceptions to this rule, but there is no doubt that the legislation increased the risk to Tennesseans who hire inexperienced lawyers to represent them in personal injury, wrongful death, or any other type of lawsuit in Tennessee.

September 6, 2012

Results of Jury Trials in Nashville, Davidson County, Tennessee in July, 2012

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

Interested in Nashville jury verdicts ? Here are the latest statistics from jury verdicts in all types of personal injury and wrongful death cases in Nashville, Davidson County, Tennessee for July, 2012.

There was one fraud case tried to a jury in July, and the defendant won the case.

And there was one medical malpractice case tried to a jury . My memory is that this case was tried twice before. This time, the plaintiff (a brain-damaged child) won $13,623,00). This is one of only two patient victories in medical malpractice cases tried in Nashville in 2012.

September 6, 2012

Is Pre-Judgment Interest Payable in Tennessee Personal Injury and Wrongful Death Cases?

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

No. Tennessee law does not permit the recovery of interest in personal injury or wrongful death lawsuits.

The only exception to this rule is if you win a case and a judgment is entered by the court you are permitted to recover interest. Interest accrues at the rate set by Tennessee statute per year on the amount of the judgment that is unpaid. The Tennessee General Assembly just lowered the amount of post-judgment interest, saving money for insurance companies and others.

The current post-judgment interest rate in Tennessee is 5.25%. Under the former law, the interest rate was 10%. The law changed July 1, 2012/

August 31, 2012

Injuries To Children From Riding in the Back of Pick-Up Trucks

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

Tennessee law provides that it is illegal for children under the age of 6 to ride in the bed of 3/4 quarter ton or less pick-up trucks while the trucks are being operated on any local, county or state road.

Exceptions are made for parades and similar events if the speed of the truck is less than twenty miles per hour and when the child is in the truck bed in connection with agricultural activities.

Tennessee counties are given the express right to enact ordinances to raise the age limit from 6 years of age to 12.