Tennessee Injury Law Center

April 9, 2012

What happens if I am partially at fault for the injuries I received in a car accident?

I was in a car accident in Dickson, Dickson County, Tennessee. A witness said the accident is partially my fault and partially the fault of the other driver. What happens if I am determined to be partially at fault?

Under Tennessee law, if a person who is injured negligently contributed to his or her own injuries the damages that can be recovered are reduced proportionately. This principle is part of our "comparative fault" law. The law "compares" the negligent conduct of each person or entity that contributes to cause an accident.

This is best explained by an example. Assume that Sally was hurt in an automobile accident that occurred at an intersection when Bill ran a red light and his vehicle hit the side of her car. Assume that the the case is not settled and a jury later determines that Bill is mostly at fault, but that Sally is also at fault because she was speeding. The judge will tell the jury to assign a percentage of fault to Bill and Sally, and the jury determines that the accident was 90% Bill’s fault and 10% Sally’s fault. (The fault percentages must always total 100%). Also assume that the jury determines that Sally’s total damages (medical bills, lost wages, pain, suffering, etc.) entitle her to compensation in the amount of $100,000.

April 7, 2012

Deaths from Tennessee Car and Truck Accidents Increase in 2012

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

Deaths from car and truck accidents in Tennessee have increased in the first three months of 2012, an unusual result given the general decline in accidents, injuries and deaths in the past few years.

238 people lost their lives on Tennessee highways in the first three months of 2012. In the same period last year, only 186 deaths were reported. The 52 additional deaths represents about a 30 percent increase.

The increase in the number of deaths is largely from automobile accidents. Death rates for accidents involving trucks are down slightly. Pedestrian deaths are also down from the same period in 2011.

April 5, 2012

Nashville and Davidson County, Tennessee Jury Trial Statistics for February, 2012

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

The Circuit Court Clerk’s Office has released the data concerning tort jury trials in Nashville and Davidson County for February, 2012. "Tort" cases are civil lawsuits involving injuries, death or other losses from automobile accidents, truck crashes, fall-downs, medical malpractice, dog-bites, and any other type of event that causes injury or death

Only four tort cases were tried to juries in the entire month, and three of them were medical malpractice (now called "health care liability") cases. One of those cases was settled after jury selection and opening statements – the amount of the settlement was not disclosed. One health care liability case resulted in a mistrial and the other resulted in a verdict for the health care providers.

The only other trial was a personal injury case. The Court directed a verdict for the defense in that case, and thus a jury was not permitted to decide it.

March 30, 2012

Claim Process for Filing A Lawsuit Against the Federal Government

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

I was hit by a Post Office truck. How do I get my medical bills, lost wages, and other compensation paid to me?

If the truck was in fact owned and operated by the U.S. Post Office, you must file a formal notice of claim with the Post Office. You must do this within two years of the date of your accident. The Post Office then has at least six months to deny, approve, review or negotiate the claim. If the claim is not resolved in six months, you have the right to file suit in federal court to protect your rights.

The claims and lawsuit process can be very complicated. You would be wish to consult with a lawyer before taking legal action. Our firm, the Law Offices of John Day, P.C., has handled claims against the federal government on many occasions, most recently resolving a medical negligence claim against a Veteran’s Administration Hospital.

March 29, 2012

Factors You Should Consider In Determining Which Personal Injury Lawyer to Hire – Part 5

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

This is Part 5 of a 6-part series on what you look for in Tennessee personal injury or wrongful death lawyer. Part 1, Part 2, Part 3 and Part 4 of the series discuss twelve factors we believe that you should consider when making this important decision.

13. What is the size of the lawyer’s caseload?

Answer: Lawyers maintain different numbers of cases, and their ability to do so is dependent on several factors. First, the type of case is a very relevant. One lawyer can able do very competent, timely work on 75 or 100 worker’s compensation cases at one time if he or she has well-trained support staff. One lawyer would have a very difficult time working doing very competent, timely work on ten medical malpractices cases on behalf of the patient at one time, even if he or she has well-trained support staff.

March 28, 2012

Factors You Should Consider In Determining Which Personal Injury Lawyer to Hire – Part 6

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

Here are the final factor we think you should consider when you are trying to decide who to hire for your Tennessee personal injury or wrongful death attorney. Links to the other factors appear at the bottom of this post.

16. What about a lawyer who suggests that they have a special relationship with the judge and that you should hire them because they have such a relationship?

Answer: Lawyers who say such things are scumbags. 99.9% of judges would never allow their personal feelings for a lawyer to directly affect the outcome of the case. To do so would be unethical, and 99.9% of judges would never consider acting in such a fashion.

March 27, 2012

Factors You Should Consider In Determining Which Personal Injury Lawyer to Hire – Part 4

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

This six-post series discusses the factors you should consider in determining who you should hire as your personal injury or wrongful death lawyer.

Part 1, 2 and 3 identified nine factors. Here are three more:

10. Understand how the lawyer charges for time and expenses.

March 26, 2012

Factors You Should Consider In Determining Which Personal Injury Lawyer to Hire – Part 3

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

This is post 3 of of our series on what qualities you should be looking for in a personal injury lawyer. Post 1 and Post 2 concentrated on the important of professional recognition by the lawyer’s peers, discussing six different points of evaluation.

7. How many years has the lawyer been practicing personal injury or wrongful death law?

Answer: There are lawyers who have been practicing law for 20 or 30 or even 40 years who lack the experience to handle a complicated personal injury or wrongful death case. There are lawyers who have been practicing eight years who have been fortunate enough to have worked in an environment that has fostered their ability to handle complicated personal injury or wrongful death cases.

March 25, 2012

Women Seeking Damages For Problems Arising From Surgical Mesh

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

Surgical mesh is a medical device that is generally used to repair weakened or damaged tissue. It has frequently been used to reinforce a weakened vaginal wall to repair pelvic organ prolapse (POP) or to support the urethra to treat urinary incontinence.

Medical literature demonstrates a significant complication rate when used to repair pelvic organ prolapse. Erosion of mesh through the vagina is the most common and consistently reported mesh-related complication from transvaginal POP surgeries using mesh. Mesh erosion can require multiple surgeries can be debilitating to some women.

Mesh contraction is a another risk of transvaginal POP repair with mesh. Mesh contraction can give rise to vaginal shortening, vaginal tightening, and vaginal pain.

March 23, 2012

Factors You Should Consider In Determining Which Personal Injury Lawyer to Hire – Part 2

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

We continue with our discussion about the factors that you should consider in determining who to hire a personal injury lawyer for your wrongful death case. Part 1 included a more detailed discussion of these three factors:

1. Is the lawyer a member of the American College of Trial Lawyers?

2. Is the lawyer board-certified as a Civil Trial Specialist?