Tennessee Injury Law Center

February 2, 2012

Jury Trials in Nashville, Tennessee in 2011

The Clerk of the Circuit Courts for Davidson County, Tennessee has released the following statistics for jury trials for 2011:

There were 10 health care liability (medical malpractice) jury trials. The health care providers won six of those cases, the patient won two, and the other two cases resulted in a hung jury.
There were 36 auto liability cases tried, 22 of those to a jury. The plaintiff won 25 of those cases. Note, however, that the word "won" means that the plaintiff recovered some amount of money – not that the amount beat the defendant’s last offer or was otherwise a reasonable amount.
There were only two jury trials in December, 2011 one of which was a health care liability case (defense verdict) and one of which was an auto case (case dismissed by judge).

Despite what one reads in the papers or hears on the news, there are relatively few jury trials. This number has steadily decreased across the entire state for many years.

February 1, 2012

14 Things to Do After A Car Accident

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

Here is a list of 14 things you can do after a car accident:

1. Do your best to remain calm.

2. Assess the scene. Do not get out of your car if it is not safe to do so.

January 31, 2012

Is There A Limit on Damages On Brain Injury Cases in Tennessee?

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

My sister received a significant head injury in an automobile wreck caused when a truck crossed the centerline of a road in Tennessee. Is there a limit on the damages she can recover in the case?

There is no limit on the damages she can recover for medical expenses or loss of earning capacity. However, if the wreck occurred on or after October 1, 2012, there is a limit on the damages she can recover for pain, suffering, disfigurement, and loss of enjoyment of life – referred to by the Legislature as "non-economic damages." That limit is $750,000.

The Legislature has determined that no person can recover non-economic damages in excess of $750,000 unless the injury is "catastrophic" or the falls within a narrow class of exclusions (for example, the defendant was under the influence of alcohol). Shockingly, a brain injury is not considered a catastrophic loss by the Tennessee General Assembly. Even if an injury is determined to be catastrophic non-economic damages are limited to $1,000,000.

January 30, 2012

How Can I Prove What Happened in My Wife’s Accident?

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

My wife was killed in an automobile wreck. She was alone in the car. The other driver says the wreck was her fault, but I don’t believe it. How can I prove what happened?

You need the help of an experienced automobile wreck attorney to lead an investigation into what happened.

Tennessee law provides that, because your wife is not able to testify about what happened, she is presumed to have been exercising due care at the time of the wreck. However, other testimony and evidence can make that presumption disappear.

January 26, 2012

Deadline for an Adult to Bring Personal Injury Case In Tennessee

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

The general rule in Tennessee is that a personal injury lawsuit for an adult must be filed within one year of the date of an incident causing an injury. The failure to file a lawsuit on time will result in a loss of the right to bring a claim even if the case is otherwise valid

There are several exceptions to that rule, some that shorten the period in which a lawsuit must be filed and other exceptions which lengthen the period for action. For instance, if you are injured by a defective or unreasonably dangerous product you must bring your claim within one year of the date of the injury but also within ten years of the date the product was sold to the first user or consumer.

For example, assume that you were hurt on January 31, 2012 because of a defect in a car that was sold to the first user or consumer on June 30, 2002. Under Tennessee law, you would have only five months to file a lawsuit against the car manufacturer or the manufacturer of the part or parts that were defective.

January 25, 2012

Parent’s Right to Damages For Injury to Child in Automobile Crash

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

My son was seriously injured in a auto accident. What rights do I have as his parent in a lawsuit against the person who caused the wreck?

You have the right to recover medical expenses that you paid or were paid by your insurance company. (You almost certainly have to repay your health insurance company out of the settlement or judgment.) You can also recover damages for loss of services of your child.

Under Tennessee law, you cannot recover damages loss of the relationship between you and your child because of the injuries or for your emotional distress at seeing your child deal with his injuries.

January 19, 2012

What Types of Damages Are Available in a Tennessee Truck Accident Lawsuit?

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

In any type of Tennessee personal injury case, including injuries caused by careless truck drivers or trucking companies, an injured person can recover monetary damages for past and future medical bills incurred because of the injuries, past and future physical pain and suffering, past and future mental or emotional pain and suffering, loss of earning capacity, disability, lost capacity for the enjoyment of life, and disfigurement.

A significant part of many personal injury claims in the recovery of the reasonable medical bills necessarily incurred as a result of the incident. To the extent that the injuries likely require on-going medical bills in the future, those future medical expenses can also be recovered.

Physical pain and suffering is physical discomfort caused by an injury. In the event you suffer an injury that will cause pain in the months and years after a settlement or trial, you can recover damages for that as well.

January 18, 2012

Medical Case Against A Veteran’s Hospital

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

I believe that I was a victim of medical malpractice while I was a patient at the VA hospital in Nashville. How much time do I have to file a medical malpractice claim against the VA?

You may have a claim under a law known as the Federal Tort Claims Act ("FTCA"). Under the FTCA, you cannot file suit without first filing a claim. Generally, the claim must be filed in writing using the appropriate forms and paperwork within two years of the time after the accident or injury. The claim must be filed with the appropriate federal agency.

The government then has six months to evaluate the claim. It may try to settle the case, or it may deny the claim. When the government denies a claim the claimant then has a right to file suit in federal court. If the government does not deny or settle the claim within six months you can deem the claim denied and file suit in federal court.

January 17, 2012

Attorney Says He Will Give Me Money Until My Case Settles!

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

I was injured in a car wreck and have been out of work for months. Money is very tight. I spoke with a lawyer and he told me he could loan me $1000 a month until my case settles. He also said that I do not have to pay interest. That seems like a good deal to me, but another lawyer I spoke with refused to do it, saying it was not ethical. What’s the story?

The second attorney you spoke with was correct. In Tennessee it is unethical for an attorney to loan you money while he or she is representing you in a case. 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. This sort of conduct can result in discipline against the attorney, including the loss of his law license.

Why should you care about the ethical failings of an attorney? If the attorney is willing to risk his or her law license to get your case, do you really think you can trust them to represent you with your best interests in mind?

January 13, 2012

Should I Hire a Lawyer to Help With My Long-Term Disability Claim?

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

I have a disability insurance policy through my job. I am disabled but the disability insurance company still says I have to submit and claim and go through all the paperwork. The company says it is up to me whether or not I get a lawyer. Do I need a lawyer?

I strongly recommend that you have the help of a lawyer. It sounds like your policy is going to be covered by a special federal law and, if your policy has language in it that is often found in such policies, a federal court that reviews any denial of your claim will be largely limited to looking only at the same evidence the insurance company looked at when it denied your claim. Thus, it is extremely important that your file with the insurance company contain all of the relevant material that can be used to support your claim, An experienced lawyer knows what material to submit in support of your claim and how to make the most persuasive argument that can be made on your behalf.

Also, depending on the language of your policy, it may be very difficult for a federal court to reverse the insurance company’s decision to deny you benefits. If the policy so states, the judge can only reverse a decision to deny benefits if the judge finds that the insurance company "abused its discretion" in making its decision.