Tennessee Injury Law Center

May 3, 2012

Tennessee Motorcycle Accident Information

The Law Offices of John Day, P.C. has recently updated its website to share information about claims arising from Tennessee motorcycle accidents.

Information is power, and our law firm has a long history of empowering consumers with knowledge of the legal system. Indeed, in the early 1980s, John Day taught basis consumer law on a volunteer basis in two different Nashville high schools and other classes for adults.

If you or a family member was involved in a motorcycle wrec and are attempting to understand your rights, the following links will be very helpful to you:

May 2, 2012

Tennesee Trucking Accident

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

The Law Offices of John Day, P.C. has recently updated its website to share more information about Tennessee truck accidents with those injured as a result of truck driver or trucking company negligence.

The following links will guide you to information about trucking accidents and your legal rights.

It is essential to remember that a victim of a truck accident must act quickly to protect his or her legal rights. Tennessee law proviides that cases arisisng out of truck wrecks must be filed within one year of the date of the incident, but more prompt action is required because important evidence is often lost in the days following the accident.

May 1, 2012

Criminals Cannot Avoid Financial Responsibility for Their Crimes By Filing For Bankruptcy

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

Those who rape, murder, beat up, or steal from others are not only committing crimes – they also can be sued for monetary damages for the harm they cause. As Tennessee personal injury lawyers who represent crime victims, one frequent question is the availability of resources of the criminal to compensate crime victims

Of course, sometimes it makes no sense to file a lawsuit against the criminal because he or she does not have any money and will be spending time in prison. However, there are some criminals have assets and those assets can be used to compensate the crime victims.

It is important to know that a criminal who is ordered to pay damages to his or her victim cannot escape that responsibility by filing bankruptcy. Many types of debts of a person filing bankruptcy are wiped out in the bankruptcy process, but debts arising from intentional conduct are not.

April 30, 2012

Lawsuits Seeking Damages For Crime Victims

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

Assault, rape, sexual abuse, theft, and murder are not just crimes. They also give rise to a right for the victim to seek damages for the harm caused.

Our firm has represent victims for each of these crimes and brought lawsuits against those who committed the crimes or those who negligently allowed the crimes to occur.

We have successfully sued a motel who did not have proper security on site, resulting in the rape of a guest. We have successfully represented several women who were raped in their apartments – their landlords did not have proper security. We have sued a day care center for allowing a sexual deviant to work with children, resulting in sexual abuse to our young client. We have sued several churches for allowing those with a history of sex crimes to be in the present of children – children who were later sexually abused. We have represented two young girls who were sexually victimized by an adult neighbor, and the family of a murder victim.

April 29, 2012

Drunk Driving Arrests Increase in Tennessee

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

The good news is that the overall crime rate in Tennessee has decreased. The bad news is that the report reveals that a total of 26,340 people were arrested for DUI in 2011, an increase from the 24,154 arrests made in 2010.

Here is some more data about those arrested from driving under the influence in Tennessee in 2011:

19,845 of those arrested were male and 6495 were female
22, 415 of arrestees were White and 3201 were African American
the age group with the most arrests was age 25-34 (both males and females)

Driving under the influence takes the lives of hundreds of people every year and injures many more. If you choose to drink alcoholic beverages, be sure to limit your alcohol consumption to an amount that will not impact your ability to drive safely.

April 26, 2012

Injuries Arising From Kugel Mesh

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

Davol, Inc. produced the Kugel mesh patch to be used to repair abdominal hernias. The patch, consisting of two layers of synthetic mesh surrounded by a flexible plastic “memory-recoil ring," is implanted at the site of a hernia. The ring then springs into place, allowing the hernia to heal and regrow around the flattened patch.

Unfortunately, there was a problem with the rings, and the product became the subject of recalls by the FDA in 2005, 2006, and 2007.

Now, there is a problem with the mesh component of the product eroding into the organs of the patients and causing additional physical problems.

April 25, 2012

Doctor Operates on Wrong Body Part

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

Wrong-site surgeries happen with alarming frequency. Wrong-site mistakes can arise several ways, such as mixing up the left and right sides of the body; operating on a patient who was accidentally given test results belonging to someone else; marking the incorrect vertebrae in spinal surgery; neglecting to mark the operative site at all. All of these are errors which can be avoided by reasonable care.

The victim of a wrong-site surgery has a medical negligence claim under Tennessee law. Often, both the surgeon and the facility where the error occurred will have financial responsibility for the mistake.

The challenge in these cases is proving what injuries occurred from the mistake. For instance, in knee cases, sometimes that surgeon will testify that he or she did operate on the wrong knee but that that knee needed the operation, too.

April 23, 2012

What Is a Summons?

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

A summons is a court form that orders the person named in it to appear in court. A summons is usually thought of as the document that accompanies a complaint – the document by which one person describes the basis for a lawsuit against another.

The summons is delivered with the complaint and requires that the person sued answer or otherwise respond to the complaint within thirty days. If no timely response is filed to the lawsuit, the court can determine that the person who filed the lawsuit has won the lawsuit.

A summons of a different type is also used to require people to appear in court to serve on a jury. This is called a juror summons.

April 22, 2012

What Happens at A Deposition?

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

A deposition is a tool used primarily in civil lawsuits for uncovering evidence before an actual trial. In theory and in fact, depositions help resolve cases before trial because each person involved in the case can learn the facts from his or her opponent and from independent witnesses.

Depositions usually take place in a conference room in the office of one of the lawyers involved in the case. One or more lawyers for each party to the lawsuit is present. The parties to the lawsuit are often present, but need not be present unless they are going to testify.

The deposition itself is sworn testimony. The person giving the testimony is called the "deponent." The deponent is asked questions by the lawyers for the parties in the case. The questions and the answers to those questions are recorded by a court reporter and, sometimes, also recorded on video. The deponent has a right to have his or her lawyer present.

April 19, 2012

First Year of Motorcycle Riding is the Most Dangerous

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

The HIghway Data Loss Institute reports that motorcyclists are most at risk when they begin riding.

An analysis of claims data reveals that some 22% of claims studied occurred within the first 30 days after an insurance policy was issued. The rate of claims dropped 1/3rd in the second month and almost 2/3rds after six months. The first 30 days of riding is riskier than the entire second year.

Operating a motorcycle is a complex undertaking. Regardless of your experience, operating motorcycles require your full attention at all times.