Tennessee Injury Law Center

May 23, 2012

Why is My Past Medical History Important in My Personal Injury Lawsuit?

As Tennessee personal injury lawyers, we spend of time listening to our clients explain about injuries they received in car wrecks, truck accidents, and lots of other situations. One frequent question we are asked is whether the insurance company defending the case will be able to explore the client’s medical history.

A person’s medical history is important in any case in which he or she is claiming to have suffered a physical or psychological injury as a result of someone else’s negligent or intentional act. The medical history establishes the baseline of the person’s physical or psychological well being before the injury. Tennessee law requires medical evidence to show that a negligent act caused an injury, so a medical history can establish the lack of any prior problem that our client complains was caused in a car wreck or other event.

Tennessee law provides that you may not recover damages for physical and mental suffering from prior medical problems or medical care to treat those pre-existing problems. However, when a preexisting condition is made worse y the wrongful act of another person byou can recover damages for the worsening of the condition. Your medical history will be important to proving this claim – your lawyer will have to show what the condition was before you were injured and, with the assistance of testimony from a doctor, how the injury made that condition worse.

May 22, 2012

Nashville Hotel Shuttle Bus Accidents

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

Nashville, Brentwood, Franklin, Hendersonville and other cities in Middle Tennessee greet several million tourists every year. These tourists frequently rely on shuttle buses provided by local hotels to travel to and from the airport, local restuarants, and the music venues of Lower Broadway.

Unfortunately, shuttle bus drivers, like every other type of driver, are capable of making errors that can result in the injury or death of their passengers. Our firm has represented tourists who were injured in hotel shuttle bus accidents, holding the hotels or motels that employed these drivers responsible for the harm caused by the drivers.

If you or a loved has been harmed in a shuttle bus accident in Nashville or anywhere in Tennessee, please call John Day at 866-812-8787 or complete this contact form. There is not charge for an initial consultation.

May 22, 2012

List of Safe Vehicles Released by the Insurance Institute for Highway Safety

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

Are you in the market for a new vehicle? Are you interested in knowing the safest vehicles on the road?

The Insurance Institute for Highway Safety has released its list of the safest vehicles. The IIHS ranks crashworthiness as "good," "acceptable," "marginal" or "poor" based on "performance in high-speed front and side crash tests and a rollover test. The group also evaluates seat-head restraints for protection against neck injuries in rear impacts. To achieve the Top Safety Pick designation, the vehicle must achieve the highest possible rank of "good" in all four tests.

Here is the list for 2012.

May 17, 2012

Motorcycle Wrecks – Its That Time of The Year

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

The weather in Tennessee has been absolutely beautiful, and with that comes a huge increase in motorcycle traffic. This is the time of year new riders emerge from motorcycle safety schools and begin to enjoy Tennessee’s beauty from a motorcycle.

Tragically, the increase in bikers means an increase in motorcycle accidents. Our office filed a lawsuit this week in one of the more common type of cases, in which a car turned left immediately in front of our client and caused a serious injury.

Other frequent causes of motorcycle wrecks include drivers pulling out of driveways, drivers turning left while being passed by a motorcycle, or distracted drivers who become distracted, cross the center line of the road, and cause a head-on collision.

May 17, 2012

Under-Insured Drivers

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

I remain amazed at people of means who do not maintain sufficient liability insurance on their vehicles and homes.

The most frequent problem we see is with middle-income people who are driving around with "25 / 50" or "50 / 100" liability insurance policies on their cars. A "25 / 50" policy is one which provides a negligent driver with insurance protection of $25,000 for any one person they hurt or kill in an accident, up to a total of $50,000 for all persons hurt or killed in an accident. A "50/100" policy, provides a negligent driver with up to $50,000 worth of insurance protection for any one person they hurt or kill in an accident, up to a total of $100,000 for all persons hurt or killed.

If there is insufficient insurance to pay the damages caused, the driver is personally responsible for the balance of the damages. Thus, if a negligent driver with a "25 / 50" liability insurance policy on his car causes injuries to another person worth $50,000, the negligent driver is responsible for the $25,000 his insurance company does not pay.

May 12, 2012

Golf Carts on Public Streets Not Only Illegal But Unsafe

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

Two recent tragedies in Middle Tennessee remind us that golf carts have no place on public streets.

One fifteen year old boy was killed (and several other youths hurt) in one incident and three girls were hurt in a separate incident.

People use golf carts to get around neighborhoods, using public streets to do so. They assume that the golf carts are safe because they operate at relatively low speeds.

May 9, 2012

Jury Trials in Nashville, Tennessee Circuit Court in March 2012

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

There was a relatively large number of jury trials in the Circuit Court for Davidson County (Nashville), Tennessee in March, 2012. Here are the results

Automobile Cases

Plaintiff awarded $8248
Plaintiff found 50% at fault and case dismissed (2 cases)
Defense verdict.
Plaintiff awarded $5000

Health Care Liability Cases

May 8, 2012

Injuries in Medical Transport Vehicle

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

Nashville and other parts of Tennessee has a large number of medical transport vehicles. These vehicles are usually vans that transport people to doctor visits, medical tests or physical therapy.

The drivers of these vehicles must be very attuned to the special needs of their passengers. For example, if the passenger is in a wheel chair, the passenger must be secured in the chair and the chair in the van before the van is moved. Failure to do so can result in the passenger being ejected from the chair in a sharp turn, sudden stop, or a collision with another vehicle.

Improper loading or unloading medical transport vehicles may also result in injuries.

May 8, 2012

Understanding Tennessee’s Dog Bite Law

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

We have recently updated the Law Offices of John Day, P.C. website to share more information about Tennessee dog bite law. Dog bite victims can learn both about the law of dog bites and about the types of claims that may be made to recover damages in dog bite cases.

Our website also explains the availability of insurance covering dog bite injuries, educating both dog owners and the victims of dog attacks.

We offer free consultation to all those who have been injured by a dog attack. Contact us at 866-812-8787 or fill out the contact form to the right – we will be honored to help you determine if you have a valid case.

May 6, 2012

Liability for Injuries Caused by Carbon Monoxide Poisoning In Campers and RVs

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

The Tennessee General Assembly has passed a law mandating that all rental campers and motor homes include a functioning carbon monoxide detector. The failure to do so gives rise to an action for damages, including the recovery of attorney’s fees.

The law was sponsored by Senator Tim Barnes of Clarksville, Tennessee. Clarksville was the site of a horrific incident on September 18, 2011 where five people died of carbon monoxide poisoning. The victims were attending a function held by Bikers Who Care and thus the new law is called the "The BWC 5 Act" in honor of those who died. The recreational vehicles involved did not have functioning carbon monoxide detectors.

Carbon monoxide is a deadly gas. Because it is odorless, colorless, and tasteless, the gas is very difficult to detect. It is a product of gasoline-powered tools, heaters, generators and cooking equipment. Carbon monoxide detectors are used to identify and warn about the presence of this toxic gas.