Tennessee Injury Law Center

August 27, 2012

Pedestrians Injured in Crosswalks on Nashville, Tennessee Streets and Highways

Tennessee law offers special protections to pedestrians who are injured while crossing a Nashville street or highway within a crosswalk.

Ordinarily, people within the crosswalk have the right-of-way, and the operator of an automobile, truck, or other vehicle must yield the right-of-way. Of course, a pedestrian cannot suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.

Tennessee law also provides that whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle. This law also protects pedestrians from injury.

August 23, 2012

Will The Insurance Company Settle My Case?

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

One of the most frequent questions the lawyers of our firm are asked by our clients is whether their Tennessee personal injury or wrongful death case will settle.

We explain that an insurance company for the at-fault party may not settle at all. In Tennessee the insurance company does not have a duty to settle your case and in fact does not even owe you a duty to fairly evaluate your case. The insurance company can settle a case, or not settle a case, on whatever timetable it chooses. The only thing that can force an insurance company to think seriously about settlement is an approaching trial date, which is why our firm, after giving an insurance company a reasonable time to settle a case, will file a lawsuit and ask the court for the quickest trial date we can obtain under all the circumstances.

However, if the insurance company wants to settle the case it needs to have information/ At an absolute minimum, the company needs the accident report, medical records and bills, perhaps some of previous medical records, proof of lost wages from an employer, and an understanding of how the injuries have impacted the injured person. To the extent there is a claim for permanent injury, future medical expenses, future loss of earning capacity, or other damages, the insurance company will need proof of that.

August 22, 2012

Why Has Some Lawyer Written About My Car Accident on His Blog?

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

Why do lawyers write blog posts that discuss someone else’s car wreck?

This lawyer is doing two things. First, he is hoping that the person who was injured in the wreck will Google the accident, find his post, and then hire him to help with all any potential lawsuit. This is direct marketing, pure and simple. There is no legal ethics rule that prohibits this conduct.

Second, this attorney is trying to put something on his blog to keep it current in the hope that it will rank higher in search engines like Google. Google likes new content. So, rather than write something substantive that actually will do readers some good, these lawyers write about accidents in an effort to inject the key words used in searches onto the Internet..

August 21, 2012

Jury Trial Results in Nashville and Davidson County, Tennessee for June 2012

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

There were only five jury trials in Nashville and Davidson County Tennessee in June, 2012.

Here are the results:

There were 4 automobile liability cases. The plaintiff won two of the trials ($73,755 in one case and $18,000 in the other case). In the second of these cases the defendant did not show up at trial so the plaintiff tried an uncontested case.

August 20, 2012

Damages In Tennessee Wrongful Death Lawsuits

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

Tennessee wrongful death lawyers can help clients recover the following types of damages in wrongful death lawsuits:(a) medical expenses; (b) funeral bills; (c) conscious pain and suffering from the date of the injury until the date of death; (d) loss of enjoyment of life between the date of injury and death; (e) loss of earning capacity between the date of injury and death; and (f) the pecuniary value of life.

The "pecuniary value of life" includes the present value of the decedent’s lost future earning capacity minus those living expenses necessary to maintain the decedent’s person so that he or she can work. In cases involving the death of a spouse, the surviving spouse can recover damages for the loss of love, society and affection of the decedent. In cases involving the death of a parent, the children can recover damages for the loss of love, society, affection and guidance of the parent. In cases involving the death of a child, the parents can recover damages for the loss of love, society and affection of their child. Each of these types of damages are included in the definition of the “pecuniary value of life.”

August 16, 2012

Bumbo Baby Seats Recalled – Baby Skull Fracture Risk

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

Nearly two dozen infant children have received skull fractures as a result of a problem with Bumbo Baby Seats (photo).. The Consumer Product Safety Commission says that babies can wiggle out of the seats, fall and be harmed.

The Bumbo seats were sold at Babies R Us, Target, Walmart, and other retailers between August 2003 and August 2012. Now, some 4 millions seats have been recalled.

About one million of the seats were recalled in October 2007. This recall was made to place additional warning labels on the seats to warn of the risk of placing the seats on raised surfaces.

August 14, 2012

Tennessee Uninsured and Under-insured Motorist Insurance Coverage

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

If the driver that causes a Tennessee car accident or truck accident does not have liability insurance, your own automobile insurance coverage may also apply in provide a source for monetary recovery to pay your medical bills and compensate you for your injuries. This type of insurance coverage is also available (and very important) for motorcycle owners because it will provide protection for the riders in the event of a Tennessee motorcycle accident with an car or truck that does not have sufficient liability insurance.

This type of insurance coverage is called uninsured motorist coverage – it provides you protection when you are hurt by an uninsured driver. This type of insurance also protects you when the driver that causes a wreck has inadequate insurance coverage to pay for the harm caused to you. This is called "under-insured motorist coverage."

Both types of insurance must be offered to each person who buys liability insurance in Tennessee. Thus, if you purchased liability insurance on your vehicle, you have uninsured and under-insured motorist coverage unless you waived your right to have it in writing.

August 7, 2012

Damages Available in A Child Sexual Abuse Case in Tennessee

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

Child sex abuse victims in Tennessee may recover damages against the abuser for the following types of losses:

medical expenses
lost wages (if any)
pain
suffering
disfigurement
disability
loss of enjoyment of life.

If the injuries result in future or permanent physical or emotional problems, additional damages may be recovered for

August 5, 2012

Deadlines For Tennessee Personal Injury Claims for Children

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

As Tennessee personal injury lawyers who represent children who have been harmed by the negligence of others, we are frequently asked how quickly parents must act to protect the legal rights of their children.

Under the law in Tennessee, there are time limits on which any person can bring a lawsuit against another. The general rule is that a child has until one year after his or her eighteenth birthday to bring a lawsuit to recover for a personal injury. Some people argue, however, that a parent’s claim for medical expenses incurred on behalf of the child must be filed by the parent within one year of the incident causing the injury, and thus it makes sense to consult with a lawyer promptly about any injury to your child that you believe was caused by someone else’s negligence.

The rule described above also applies if your child was a victim of sexual abuse in Tennessee.

August 1, 2012

Recovery of Damages For Lost Wages in Personal Injury Cases

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

Tennessee law permits the recovery of lost wages in Tennessee automobile accident cases, truck accident cases, medical malpractice cases, and all other types of Tennessee personal injury claims.

Technically, the measurement of damages is referred to as "lost earning capacity." This phrase is used in recognition of the fact that some people are, for whatever reason, under-employed at the time of their injury. Thus, at least in theory, a claim for loss of earning capacity is not limited to damages as suggested by the victim’s current wages.

If the incident causes a permanent injury, the victim can also recover damages for lost future earning capacity. Many times, expert witnesses must be employed to evaluate and quantify loss of future earning capacity.