Tennessee Injury Law Center

March 15, 2012

Dividing Up Limited Insurance in Automobile Accident Cases

I was in a car wreck. My wife was also hurt in the wreck, as was a gentleman (Smith) in another car. The guy that caused the wreck only has $100,000 in liability insurance and he has no other assets. How will the $100,000 be divided?

First, the $100,000 will be paid only if all of the claims equal or exceed a total value of $100,000. Those who are injured in a wreck are not entitled to all of the insurance the at-fault driver has – they are only entitled to the amount demonstrated to be the value of their case. If the amount of the claim or claims is less than the amount of insurance, the insurance company gets to keep the difference. If the amount of the claims exceed the amount of the insurance, the insurance company need only pay the amount of the insurance and the injured persons have to pursue the excess funds from the individual who caused the wreck.

Let’s assume that your claim is worth $50,000, your wife’s claim is worth $50,000, and Smith’s claim is worth $100,000. Under these assumed facts, you would get $25,000, your wife would get $25,000, and Smith would get $50,000. In other words, each of would get a pro rata share of the total.

March 14, 2012

What is Med-Pay Coverage on My Automobile Insurance Policy?

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

What is medical payments coverage on my automobile insurance policy?

Medical payments coverage, also known as "med pay" coverage, will pay medical bills incurred by you or people in the vehicle in the event that you or the others are injured in a vehicle accident. The money is paid for bills regardless of who caused the accident.

Although many people have health insurance that will also pay medical bills, the med pay coverage can be used to meet deductibles and pay bills not covered by insurance.

March 13, 2012

Am I Responsible When Someone is Injuried in My Home?

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

Someone fell at my house and got hurt. Am I responsible for their injuries?

That question is more complicated than it appears. The first advice I would give you is to notify your homeowner’s insurance company and advise them of the incident. If you have insurance coverage on your home the insurance company will investigate the incident for you and hire a lawyer (at its expense) if it becomes necessary.

As I said above, the answer to your question is complicated and depends on the facts. Generally speaking, you are responsible for the injuries only if you created the hazard that caused the injuries or if you knew or should have known about the hazard and did not timely repair it or effectively warn of it.

March 12, 2012

Nashville Personal Injury Trial Jury Verdicts for January 2012

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

There were only four personal injury jury trials in Nashville (Davidson County) Tennessee in January 2012.

One of the cases was a medical malpractice (health care liability) case. The case resulted in verdict the defendant health care provider.

Another jury trial was a malicious prosecution case. Once again, a jury verdict for the defense was entered.

February 29, 2012

Claims Against Bars and Restaurants That Illegally Serve Obviously Intoxicated Persons

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

The February 24, 2012 Tennessean contains this article about lawsuits against those who illegally serve alcohol to an obviously intoxicated person. The article found its way to Page One mainly because of this horrific accident just a few days earlier, when a person who was allegedly intoxicated drove the wrong way on the Interstate and hit and killed a person.

To suggest that bars and restaurants should not be held responsible for violating the law is ridiculous. The notion of “personal responsibility” doesn’t stop with the drunk driver – it also applies to those who illegally serve obviously intoxicated persons.

There is only one thing wrong with the current law – it is not strong enough to prevent bars and restaurants from serving people to drunkenness and beyond. It is unfair to require the person harmed by such conduct to prove the misdeeds “beyond a reasonable doubt” – a standard usually used for criminal cases. The liquor lobby got special protection for those who have acted illegally, but this law should be repealed and the normal “preponderance of the evidence” standard should be re-instated.

February 28, 2012

Medical Malpractice Insurance Rates in Tennessee

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

Medical malpractice insurance rates for doctors have dropped substantially in Tennessee in the last few years, and now doctors pay far less for insurance that they did five years ago.

For example, 5 years ago an OB/GYN paid $59,572 for $1,000,000 / $3,000,000 in professional liability insurance. Today, that same doctor woul;d pay almost 40% less for the same amount of insurance coverage – $37,255. In fact, today an OB/GYN can buy over $10,000,000 of professional liability insurance coverage for less money than he or she would have paid for $1,000,000 in coverage just 5 years ago.

Why the decrease? The health care lobby got various laws passed which makes it harder for patients to bring lawsuits against doctors. The law has worked – it has put more money in the pockets of doctors and their insurance companies.

February 26, 2012

Wrong – Way Crashes on Interstate Highways

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

In 2010 over 100 wrecks occurred on Tennessee interstates because a driver was operating down the wrong side of the roadway.

There are several reasons this can occur. First, the driver of the vehicle going down the interstate the wrong way can be intoxicated by alcohol or operating under the influence of another drug. Liability may be imposed on the driver and, if the excessive consumption of alcohol contributed to the problem, those who illegally served an obviously intoxicated person may bear some responsibility.

Second, the signage at the entry point of interstate can be absent or misleading. It is not uncommon for people in road construction areas to be lead astray by poor signage or signs that are just plain wrong. Under these circumstances, those involved in the road construction project may have some responsibility for what occurred.

February 22, 2012

Are Tennessee Attorneys Required to Have Malpractice Insurance?

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

Do attorneys in Tennessee have to have legal malpractice insurance?

No. There is no requirement that attorneys in Tennessee have legal malpractice insurance.

However, responsible lawyers purchase malpractice insurance to protect their clients from losing money in the event that the lawyer makes an error. Lawyers, like anyone else, can make errors in the work they do for clients. Most of those errors do not result in any demonstrable loss to their clients, but from time to time errors that cause losses occur. In those cases, malpractice insurance is there to protect the client from financial harm.

February 21, 2012

Can I Borrow Money From My Tennessee Car Accident Attorney?

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

I have a car accident case but am in desperate need of money right now. Can I borrow money from my attorney and pay her back out of the settlement I know I am going to receive?

It is not uncommon for people who have been injured to have financial difficulties, but in Tennessee it is unethical for an attorney to loan you money while he or she is representing you in a case. This is true even if the attorney does not charge interest. (It is appropriate for the attorney to advance money for case-related expenses to help prepare your case.)

Rumor has it that some attorneys will promise potential clients that they will help them with living expenses and that some attorneys actually do it. However, this is wrong, and an attorney who promises to do so or actually does so should be reported to the Tennessee Board of Professional Responsibility at 800.486.5714. Loaning or giving money to clients or potential clients can result in discipline against the attorney, including the loss of his or her law license.

February 19, 2012

Does A Motorcycle Passenger Have to Sue the Motorcycle Driver After a Crash?

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

My boyfriend had a wreck on his motorcycle a few weeks ago after a car illegally turned in front of him and he hit the side of it. I was a passenger on the motorcycle and received a badly broken arm and severe road rash as a result of the wreck. I talked to the insurance adjuster for the driver of the car and she told me it was my boyfriend’s fault and I need to sue him. I saw the whole thing – my boyfriend did nothing wrong and the car turned right in front of us when just as we entered the intersection. Do I have to sue my boyfriend to get my bills paid?

You have asked a complicated question, the answer to which can only be given after facts in addition to those stated in your question have been uncovered.

Generally speaking, the answer to your question is "no," you do not have to sue your boyfriend. If you believe that the driver of the car is at fault, then you need only sue the driver (and perhaps the owner) of the car.