Tennessee Injury Law Center

January 18, 2012

Medical Case Against A Veteran’s Hospital

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.

January 12, 2012

Is Bar Association Membership a Relevant Factor in Hiring a Personal Injury Lawyer?

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

I see a lot of Tennessee personal injury lawyers state that they are members of various bar associations. Does the fact that a lawyer is a member of a bar association mean anything to someone who is trying to select a lawyer to represent them in a personal injury or wrongful death case?

Many lawyers advertise that they are members of the Tennessee Bar Association, the American Bar Association, and / or their local bar association. Mere membership in these organizations tells consumers virtually nothing about a lawyer’s competence – all one needs to join these organizations is a law license and the money to pay the dues.

However, active membership in a bar association tends to indicate that the lawyer is interested in advancement of his or her profession. This is a relevant factor to be weighed by consumers because it indicates a passion for the law. A lawyer who has been active in bar associations will list those activities on his or her website. Those that do not list activities probably have not been active and are probably just dues-paying members.

January 11, 2012

What Is A Deposition?

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

I was in a car accident in Springfield, Tennessee. I was hurt but I am not sure that I want to get involved in a lawsuit because I don’t want to give a deposition. I really don’t understand what a deposition is but my friend said she had to give a deposition and that it was bad. What is a deposition anyway?

A deposition is testimony given by a the person bring a lawsuit (the plaintiff) or the person who was sued (the defendant) or witness in a lawsuit before the case actually goes to trial. The person giving the statement is called the deponent.

A deposition is usually taken in the office of one of the lawyers involved in the case, although I have taken depositions in conference rooms, motel rooms and, one time, a bar.

January 9, 2012

What is Uninsured Motorist Insurance Coverage?

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

What is uninsured motorist coverage?

If the driver that causes a Tennessee car accident or truck accident does not have liability insurance, your own automobile insurance coverage may also apply in provide a source for monetary recovery to pay your medical bills and compensate you for your injuries. This type of insurance coverage is called uninsured motorist coverage – it provides you protection when you are hurt by an uninsured driver. Subject to certain limitations, you may recover damages under your own uninsured motorist policy if the other driver is proven to be uninsured.

Uninsured motorist coverage must be offered to each person who buys liability insurance in Tennessee. Thus, if you purchased liability insurance on your vehicle, you have uninsured motorist coverage unless you waived your right to have it in writing.

January 9, 2012

Why Is My Medical History Important in a Tennessee Personal Injury Claim?

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

I am in a lawsuit over a car accident that wasn’t my fault. The insurance company wants to see my old medical records. What does my past medical treatment have to do with my car wreck case involving a broken hip?

Answer: Your medical history is important in any case in which you are claiming to have suffered a physical or psychological injury as a result of someone else’s negligent or intentional act. Your medical history establishes the baseline of your physical or psychological well being before the injury. You can only recover in the lawsuit for the injury caused by the act or omission of the responsible person. You may not recover damages for physical and mental suffering or medical care necessitated by preexisting conditions. When a preexisting condition is made worse you can recover damages for the worsening of the condition. Your medical history will be important to proving this claim.

In your particular case, the insurance company will be looking to see if you had a prior hip problem or other medical problem that affected your overall well-being or your able to work or enjoy recreational activities.

January 8, 2012

Rights of Saleswoman in Car Accident During Work

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

I am a saleswoman for a office products company. I was driving from one customer’s place of business to see another customer when I was in car wreck. The other driver ran into me at 45 miles per hour as I was stopped in traffic. My car was totaled and I spent three days in the hospital. What are my rights?

You have two potential claims. First, you have a worker’s compensation claim because you were injured in the course of employment (assuming your employer has five or more employees). Under Tennessee worker’s compensation law, you have a right to have your medical bills paid and to receive a portion of your wages paid while you are unable to work. If you have a permanent impairment as a result of your injuries you are entitled to a payment for the extent of disability caused by that impairment.

Second, you have a claim against the driver of the other car. This is called a "tort" claim.

January 5, 2012

What Should I Do If Think My Neighbor Sexually Abuses My Son?

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

I have just discovered that my 10 year old son is being sexually abused by a neighbor. What do I do?

Here are my thoughts:

Immediately report this matter to the police. If there is any physical evidence of the abuse that you can readily put your hands on take it with you. Do not confront the neighbor on your own – seek the help of the police first.

December 26, 2011

What You Should Do (And Not Do) After a Car Accident

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

Here is a list of things you should do (or should not do) after a automobile or truck accident:

1) You should call the police. Ignore any request by the other driver to "let the insurance companies handle it" or "keep the police out of it – I can’t afford a ticket."

2) Tell the police officer(s) the truth about what occurred. Do not guess or try to fill in facts.