Tennessee Injury Law Center

December 15, 2011

Is There A Limit on Wrongful Death Damages in Tennessee?

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.

December 6, 2011

Motorcycle Attacked By Dog

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

A dog attacked me while I was riding my motorcycle down a public highway and caused me to crash. Can I sue the owner of the dog?

Yes. Under Tennessee law a dog owner has a duty to get his or her dog under reasonable control. If a property owner allows a dog to roam and the dog attacks a motorcycle you may have a claim against the owner of the dog.

Many homeowner’s insurance policies provide coverage for dog owners whose dogs cause injuries to others. If the dog’s owner has insurance coverage on his or her home, you may be able to make a claim against that insurance coverage.

December 6, 2011

Another Operating Room Fire

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

We wrote about fires in the operating room just a few weeks ago. Now, it has happened again, this time to a woman who has having surgery in a Florida operating room.

Our earlier post about operating room fires contained lots of information how the 650 or so operating room fires could be avoided. These incidents are an outrage, and the fact that they continue to occur is an outrage.

If you or a family member are injured in an operating room fire, please contact our office for a free consultation. John Day has been representing Tennessee medical malpractice victims for over 30 years.

December 6, 2011

Burn Injuries From Instant Soups – Is There a Products Liability Claim?

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

Instant soups are causing serious burn injuries, particularly to children.

A recent report by NPR reveals that instant soups are dangerous because of the way the cups are designed. The cups are tall, lightweight, and have an unstable base that makes them tip over easily.

NPR "learned that [burns from instant soups" is a common phenomenon, with children being the most frequent victims. Eight of the 12 hospitals said they see the injury several times a week. One hospital located in Washington D.C. says they regularly see 5-6 patients a week with the injury, especially during the colder months."