Tennessee Injury Law Center

November 21, 2011

What Happens If There Are Multiple Victims and Limited Insurance Coverage?

I was in a a bad car accident involving a car and a truck. Two people were hurt, and one person was killed. The total liability insurance available is a single limit policy of $300,000 and the at-fault driver does not have any assets. The insurance company has offered the group of us $300,000. How will the money be divided?

Hopefully, the money will be divided by agreement without the need for litigation. Those negotiating the case should be driven by what would happen if no agreement was reached. In other words, people should negotiate with the idea of how a court would divide the money if there was a trial.

A court would divide the $300,000 on a pro rata basis depending on the value of the claim. So, if all three claims had a total value of $3,000,000, each claimant would receive 10 cents on the dollar of his or her claim. For example, if one claim was worth $500,000, that claimant would only receive $50,000 of the total monies available.

November 20, 2011

Jury Trials In Nashville (Davidson County, Tennessee) in September 2011

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

As a Tennessee personal injury lawyer, I try to keep up with the results of personal injury and wrongful death jury trials in Davidson County (Nashville) and other cities in Tennessee.

Here are the results of the personal injury trials in Davidson County, Tennessee during the month of September, 2011:

Automobile Accident Case – Verdict for the Plaintiff for $7500
Automobile Accident Case – Hung Jury
Civil Assault – Verdict for the Plaintiff for $100,000
Automobile Accident Case – Verdict for the Plaintiff for $7430
Automobile Accident Case – Verdict for the Plaintiff for $10,041
Medical Malpractice Case – Verdict for the Plaintiff for $1,004,817

This information was collected by Clerk of Court.

November 18, 2011

What is a “Settlement Statement” in a Tennessee Personal Injury or Wrongful Death Case??

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

What is a "settlement statement" in a Tennessee wrongful death or personal injury case?

A settlement statement, sometimes called by other names such as a "distribution statement," shows the receipt of monies by a lawyer as part of a settlement and then describes how those monies are paid to the client and others.

These type of statements have been used by good lawyers for years and are now required by the Rules of Professional Conduct applicable to Tennessee lawyers. Here is the relevant language of Rule 1.5 (c): "Upon conclusion of a contingent fee matter, the lawyer shall provide the client with a written statement stating the outcome of the matter and, if there is a recovery, showing the remittance to the client and the method of its determination."

November 17, 2011

What Is The Maximum Fee A Lawyer Can Charge in A Wrongful Death Case?

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

What is the maximum fee a lawyer can charge in a wrongful death case in Tennessee?

In medical malpractice cases (now formally called "health care liability" cases after a change in the law effective October 1, 2011) the maximum contingent fee a lawyer can charge is 33 and 1/3 rd percent. In other words, the lawyer can enter into an agreement with you to charge 1/3rd of the recovery he or she is able to make on your behalf.

In all types of personal injury and wrongful death cases no statute limits or otherwise sets the amount of the contingent fee. The amount of the fee is set by agreement between the lawyer and the client. The rules of professional conduct for lawyers require that a contingent fee agreement be in writing.

November 16, 2011

How Do Lawyers Use Interrogatories?

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

I am involved in a lawsuit and I had to answer interrogatories. How do lawyers use interrogatories at trial?

Interrogatories are written questions sent from one party in a lawsuit to an opposing party about issues related to the lawsuit. For example, in a lawsuit arising from a motor vehicle collision, each driver may send interrogatories to the other ask for driving histories, including whether the opposing driver has ever received a driving citation. The party responding to interrogatories must sign a statement swearing or affirming that the responses to the interrogatories are true.

How are answers used at trial? Assume for example that you were served with an interrogatory that asked if you were aware of any witness to the car wreck involved in the case. Assume that you said in answer to the interrogatory that you were not aware of any witnesses, but then attempted to call an eyewitness at trial. Unless the opposing party had knowledge of the eyewitness by some other means, the trial judge may well exclude the eyewitness from testifying at trial because you did not include the name and address of the eyewitness in your interrogatory answers.

November 15, 2011

Why Won’t a Lawyer Take My Case?

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

I believe I have a valid medical malpractice case. A nurse put an IV in wrong, my arm swelled up with fluid, and it really hurt. I’m alright now, but my arm hurt really bad for almost a week. But no lawyer will take my case. What’s going on?

My guess is that no lawyer will take your case because the damages – pain and suffering for about a week – are so small that the cost of bringing the case is too great in relation to its value.

To prove your case, a nurse would have to testify that the nurse who cared for you made a mistake that should have been avoided. Then, a doctor would have to testify that nurse’s error caused you an injury and resultant pain.

November 14, 2011

Is The State of Tennessee Liable for Punitive Damages?

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

I was hurt in a car wreck. The wreck was caused by a state employee driving at a very high rate of speed during work hours. The employee was working at the time of the wreck. The officer told me that the state employee’s conduct was reckless. Can I recover punitive damages in a claim against the State of Tennessee?

No. Tennessee law permits you to sue the State of Tennessee when one of its employees negligently causes a car wreck and resulting property damage and injuries, but claims for punitive damages are not permitted under any circumstances. This is true even if the conduct is reckless and you would have been able to collect punitive damages if the wreck had been asserted against a private individual.

Compensatory damages may be sought, but they are limited to $300,000 per person and no more than $1,000,000 per incident.

November 11, 2011

Does My Employer Have To Pay My Medical Bills If I Get Hurt On The Job?

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

I am a truck driver with a big trucking company in Clarksville, Tennessee. I hurt my back unloading a truck. The doctor says that I need an MRI but my boss says they are too expensive. Does my employer have to pay for the MRI?

If the company doctor says you need a particular test or treatment, you are almost certainly entitled to it. Employers are obligated to pay all reasonable medical care for employees who are hurt on the job. It will be very hard to argue that he doctor selected by your employer to care for you has unreasonably suggested that you need a MRI.

An experienced worker’s compensation attorney can help you get the medical care you deserve and, if you have a long-term problem as a result of your injury, help you receive benefits for permanent partial disability.

November 9, 2011

Can I Sue the Store That Sold Me A Defective Product That Hurt Me?

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

I bought a blender at a local retail store. The first time I used it the glass container exploded and sent glass all over my kitchen, and into my arm, face and chest. I told the store and they said they would give me a new one. I don’t want a new blender – I want my medical bills paid and I want plastic surgery to reduce the severity of the scars on my face. Can I sue the store?

Maybe. First, it makes a difference whether you were injured before October 1, 2011. If you were injured before that date, you may be able to assert a claim for breach of warranty against the store that sold you the blender.

If you were injured on or after October 1, 2011, you can’t sue the store unless (a) the store damaged the blender and caused the problem; (b) the manufacturer has been declared insolvent or (c) the manufacturer cannot be sued in Tennessee. As you can see, the new law makes it harder for Tennessee consumers to sue retailers who sell defective or unreasonably dangerous products.

November 5, 2011

My Medical Insurance Company Wants Money From My Tennessee Car Accident Settlement

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

I just settled my personal injury case and my lawyer told me that I have to re-pay my medical insurance company the amount they paid for my medical bills from the accident. That doesn’t seem fair. Is my lawyer right?

Your lawyer is probably right. Most medical insurance policies have what are known as subrogation or reimbursement clauses. These insurance policy provisions mean that if you get hurt and collect medical bills paid by your insurance company from the person who hurt you your insurance company gets paid back.

If your insurance through a government-sponsored program like Tenncare or Medicare you also have a responsibility to re-pay the government out of any settlement you receive as a result of a car accident.