Tennessee Injury Law Center

December 1, 2011

Should I Investigate My Lawyer’s History of Professional Discipline?

I am thinking about hiring a lawyer to help me with a dog-bite case involving injuries to my child. Can I find out if my lawyer has ever been disciplined by the Tennessee Board of Professional Responsibility?

Yes.

Lawyers are regulated by the Tennessee Supreme Court through the Board of Professional Responsibility. The Board of Professional Responsibility investigates lawyers that are accused of violating the ethical standards of the legal profession, which are set forth in Rule 7 of the Rules of the Supreme Court of Tennessee. A lawyer who violates the rules can be sanctioned by the Board of Professional Responsibility. The sanctions can be a private reprimand or as serious as disbarment, which means that the lawyer is prohibited for practicing law for some period of years or even life.

November 30, 2011

The Lawyer I Talked To Has No Support Staff!

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

I interviewed a personal injury lawyer about my truck wreck case the other day. I met with him in his office and it looked like he worked all alone – no secretary, no paralegal, no other lawyers. Is that something I should be concerned about?

Concerned? I don’t know that I would go that far. I do think that the absence of a support staff is a factor that you should consider in determining who you want to be your lawyer.

Lawsuits of any size are a team effort, and each person in the office plays an important role in helping preparing the case and maximizing the recovery for the client. Thus, I believe you should look at the other lawyers and staff in the office and determine whether they can work as a team to help you with your case.

November 29, 2011

Should I Hire A Lawyer Who Says He Has An “In” With the Judge?

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

I talked to a lawyer about my automobile accident case and all he could talk about is his close relationship with the judge and how it would help me. It sounded like I might get a better recovery if I hired this lawyer. Should I?

Lawyers who say such things are scumbags. 99.9% of judges would never allow their personal feelings for a lawyer to directly affect the outcome of the case. To do so would be unethical, and 99.9% of judges would never consider acting in such a fashion.

It is true, of course, that judges tend to respect lawyers who are prepared, who show up to court on time, who understand law and court procedure, and who answer the judge’s questions directly and honestly. And judges, like every other human, would tend to more readily accept the word of a lawyer who earned respect than a lawyer who demonstrated that he or she was not entitled to respect. But disregard the facts or the law simply because of a personal relationship? No, folks, it rarely happens.

November 28, 2011

Will My Insurance Company Help Me Settle My Car Wreck Case?

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

I was involved in a car accident in Murfreesboro, Tennessee. It was not my fault. Will my insurance company help me settle my personal injury claim against the at-fault driver?

No. In fact, you may actually find yourself in an adversary position with your insurance company.

How can that happen? If the driver that caused the wreck does not have sufficient liability insurance to pay you what you deserve for your personal injury claim, you may have to make a claim for uninsured or under-insured motorist insurance benefits.

November 26, 2011

Number of Personal Injury And Wrongful Death Trials In Tennessee State Court

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

Here is a list of the number of jury trials in personal injury, wrongful death and other tort law trials in Tennessee for the fiscal year ended June 30, 2010 (the most recent year for which data is available):

Davidson County – 34

Montgomery County – 13

November 26, 2011

Will My Davidson County, Tennessee Car Accident Case Be Settled or Tried?

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

I was involved in a car wreck in Davidson County, Tennessee. I am thinking about filing a lawsuit, but really don’t want to go to trial. Will my case be settled or tried?

Well, if you have a valid case, you have a great deal of whether the case is settled or tried. Insurance companies usually make an offer of some amount in every case with merit. The issue is whether you will be offered a fair amount given your injuries and losses. You can always accept less than a fair amount, but sometimes you have to go to trial before you can get the justice you deserve.

It is true that less than 10% of all personal injury and wrongful death cases in which a jury trial is sought result in an actual trial – in Davidson County or elsewhere in Tennessee. But it is difficult to say whether any particular will or should be tried.

November 25, 2011

What’s Wrong With Texting and Driving?

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

I don’t see the big deal about texting and driving. I do it all the time and have not been in a car wreck.

Then you have been lucky. Not only is texting while driving illegal, but it greatly increases your risk of being involved in a car crash.

Studies report that reports that distracted driving is the No. 1 killer of American teens. Sixteen percent of all drivers younger than 20 involved in fatal crashes were reported to have been distracted while driving.

November 22, 2011

Car Hits Horse. Is There A Lawsuit?

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

I was driving on a country road late a night. I came around a sharp curve at a reasonable speed and there was a black horse standing in the middle of the road. I swerved to miss it, but hit it and then hit a rock wall on the side of the road. My car was totaled and I was injured. The man that owned the horse lived on the adjoining property. Can I sue him for my injuries? That horse should not have been on the road.

You can sue him, but you will have to prove that he was negligent in controlling the horse. Under the law of Tennessee the horse must be fenced in but if there was a fence the landowner will claim that the fence was adequate and you have to prove the landowner was negligent.

It will be important to hire an experienced personal injury lawyer as soon as possible to investigate this matter. It will be important to document the condition of any fence and to learn how the horse was able to escape. It will also be important to learn with the horse or other farm animals roamed off the property in the past.

November 22, 2011

What is Does It Mean If A Lawyer is Listed in Super Lawyers?

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

I am looking for a lawyer and have come across the Super Lawyers website. Should I look for a lawyer who is listed as a Super Lawyer?

Super Lawyers is a relatively new publication to this area. It provides this overview of its selection process:

Super Lawyers selects attorneys using a rigorous, multiphase rating process. Peer nominations and evaluations are combined with third party research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis. The objective is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel. Since Super Lawyers is intended to be used as an aid in selecting a lawyer, we limit the lawyer ratings to those who can be hired and retained by the public, i.e., lawyers in private practice and Legal Aid attorneys.The Super Lawyers selection process involves three basic steps: creation of the candidate pool; evaluation of candidates by the research department; and peer evaluation by practice area.

November 21, 2011

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

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

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.