Tennessee Injury Law Center

December 22, 2011

I Was Beat Up By The Tow Truck Driver!

I came back to my car and found out it was being towed. I asked the tow truck driver why and he said that it was illegally parked. I told him it was not and we got into an argument. He then hit me, breaking my jaw. Can I sue the tow truck company for this injury?

Perhaps. The tow truck company is not responsible for the intentional acts of a tow truck driver, and from the description of the incident it sounds like this was an intentional rather than a negligent injury.

However, an employer can be held to bear some level of responsibility when its employees intentionally cause harm if the employer negligently hired, trained or supervised the employees or negligently failed to fire them if the employer knew or reasonably should have known that the employee presented a risk of injury to members of the public.

December 19, 2011

Deadline For Filing a Truck Accident Case in Tennessee

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

Is there a deadline to file a lawsuit for truck wreck cases in Tennessee?

Yes. Statutes of limitation passed by our legislature limit the time to file a lawsuit in all types of cases. The length of time varies depending on the type of case. In most instances you have one year from the date of the incident causing injury to bring a lawsuit, although shorter time limitations apply in some types of cases. In cases involving truck accidents, any lawsuit must be filed within one year of the date of the accident. Failure to file suit on time will result in a loss of your rights.

Given the many factors that must be considered in determining your specific deadline to file a lawsuit, the best course of action if you believe you have a potential legal action is to contact a lawyer immediately. Our firm will meet with you at no charge to help you determine if you have a claim and help you understand what deadline for taking action actually applies in your case.

December 16, 2011

I Think My Brother Killed Our Mother. Can I Sue Him?

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

I think my brother killed our mother. She was living alone in the family home and was found murdered. Because of a history of trouble between our mother and my brother, both my sister and I think he killed her. Can we sue him?

Under Tennessee law, your brother could be sued for wrongful death even if he has not yet been charged, tried, or convicted of the crime of murder. Murder in criminal law would be “battery” under the civil law, and a civil law suit for battery can be filed even if the criminal charges have not been filed. Damages that can be sought for battery include compensatory damages and punitive damages.

In fact, under Tennessee law a person can be found innocent of murder in a criminal case and still be successfully sued for battery arising out of the same incident. Why? Because in a civil wrongful death case the person bringing the lawsuit must only prove the that the defendant killed the decedent by a preponderance of evidence (that is, more likely than not). In a criminal case the State must prove beyond a reasonable doubt that the defendant murdered the decedent. Thus, the criminal court jury could conclude that the State did not prove what it needed to send the defendant to prison but the civil court jury could conclude that more likely than not the defendant killed the decedent and award damages.

December 15, 2011

Is There A Limit on Wrongful Death Damages in Tennessee?

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

There are several types of damages in wrongful death cases. If the case is successful, the survivor(s) can recover damages for medical bills, funeral expenses, loss of earning capacity (reduced by personal maintenance expenses) and loss of the loss, society and affection of the decedent.

For cases arising on or after October 1, 2011, damages for the "loss of love, society and affection of the decedent" are limited to $750,000. The only exception to this rule is if the decedent leaves a minor child. In that situation, the damages for "loss of love, society and affection of the decedent" are limited to $1,000,000.

There is no limit on damages in wrongful death cases in Tennessee for cases that arise before October 1, 2011.

December 14, 2011

Is There A Limit on Damages For Pain and Suffering In Tennessee Personal Injury Cases?

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

For Tennessee personal injuries occurring on or after October 1, 2011, damages for pain, suffering, loss of enjoyment of life, disfigurement, and all other intangible losses are limited to $750,000.

There are a couple of exceptions for certain defined "catastrophic" losses, such as spinal cord injuries resulting in paraplegia and quadriplegia, significant burn injuries, and two or more limb amputations in a single incident. In these cases damages for pain, suffering, etc. are limited to $1,000,000.

There is not an arbitrary limit on such damages for injuries that occurred before October 1, 2011.

December 13, 2011

I Only Have Five Days To Bring My Medical Malpractice Claim and No Lawyer Will Help Me!

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

I was injured by a medical error almost a year ago and I have been told that I must bring my claim within the next five days or I will lose my rights. I have called lots of lawyers and none of them will even look at my case – they say that it is too close to the deadline. What’s going on?

Medical malpractice cases (indeed, all lawsuits) are serious undertakings. Medical cases in particular require lots of work. Many lawyers simply cannot drop their commitments to other clients to do the level of investigation necessary to undertake a medical malpractice case on short notice.

It is important to talk to a lawyer soon after you believe you have been injured as a result of someone else’s mistake. There are lots of reasons for this – witnesses disappear, evidence disappears, legal rights can be lost, etc. – but in medical malpractice cases it is especially true.

December 12, 2011

Jury Trials in Nashville, Tennessee Circuit Court in October 2011

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

Here are the results from the jury trials in Nashville, Davidson County, Tennessee Circuit Court in October 2011:

Health Care Liability ( Medical Malpractice)

– 3 trials, two defense verdicts, one hung jury

Slip and Fall

– Settled after 6 days of trial

December 9, 2011

What Do Lawyers Mean When They Talk About “Motions?”

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

I have a lawsuit pending and my lawyer says that the other side has filed something called a "motion." What is a motion?

A motion is a request by a party to the lawsuit to have the court rule on some issue. A motion is a way of getting the court to resolve an issue between the parties to the lawsuit that they cannot work out between themselves.

For instance, under the law interrogatories (written questions one side of a lawsuit can sent to the other side of the case to learn information) must be answered in thirty days. If interrogatories are sent but are not responded to within thirty days, a motion can be filed. The motion asked the court to compel an answer to the interrogatories.

December 8, 2011

Certificate of Good Faith In Tennessee Medical Malpractice Cases

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

I have heard that a "certificate of good faith" must be filed with a medical malpractice lawsuit in Tennessee. What is that?

A "certificate of good faith" is a written promise signed the attorney representing the patient that he or she has consulted with appropriate experts who are qualified to testify under Tennessee law and that there is a good faith basis for a lawsuit. The certificate must be filed with each medical malpractice lawsuit in which expert testimony is required.

As a Tennessee medical malpractice attorney for more than 30 years I strongly recommend that you do not attempt to sue any health care provider without the assistance of a lawyer who is experienced in handling health care liability cases. This is complicated, expensive, time-consuming litigation. You don’t want to do it without a lawyer, and quite frankly you don’t want to hire a lawyer who lacks substantial experience in this type of litigation.

December 7, 2011

Notice of Potential Lawsuit in Tennessee Medical Malpractice Cases

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

I have heard that formal notice must be given to each person who is to be sued in a medical malpractice case. What is that all about?

Usually, a lawsuit is started with the filing of a summons and a complaint. A summons is issued by the court and orders the defendant (the person sued) to respond to the lawsuit. A complaint is a document in which the plaintiff (the person filing the suit) sets of the basic facts and legal theories giving rise to a lawsuit against the defendant.

The health care lobby got a special law enacted that adds a special step to bringing a lawsuit against a health care provider. The law requires that notice must be given to the person who is to be sued. The requirement for giving notice is very strict and I would not recommend that any non-lawyer attempt it on his or her own.