Tennessee Injury Law Center

October 13, 2011

Is My Lawyer Holding My Settlement Check Just To Collect Interest?

My lawyer just settled my Tennessee personal injury case. I signed the check and the other papers. Now my lawyer says I can’t have the money for ten days because he has to hold the check in his trust account until it clears. That can’t be right. Is he just skimming the interest off my money?

No. Your lawyer is doing exactly what he is required to do. Lawyers must maintain a separate bank account known as a trust account. It is for client funds – and only for client funds. When a check is deposited into that account, the lawyer cannot write a check out of that account until the deposited check clears the bank. For out-of-state banks, that can take ten business days. Sometimes the check can clear more quickly, but ten business days is a standard time.

Your lawyer is not making interest on the money. The interest that is earned is taken by the bank and given to the Tennessee Bar Foundation which in turn donates the money to advance justice. Thus, your lawyer has no financial reason to hold your money one second longer than he must to meet the ethical obligations involved in administering a trust account.

October 12, 2011

Car Accident – Why No Ticket?

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

I was in a car accident in Clarksville, Tennessee. The guy that hit me ran a red light but the police officer did not give him a ticket. Three people told the officer that the guy ran the light! What’s going on?

Probably nothing is going on other than the officer giving the driver a break. It is not uncommon for police officers not to give tickets in this type of situation.

The failure of the officer to give a ticket will not affect your rights to bring a claim against the driver. In fact, if he received a ticket and paid it you would not be able to introduce that fact as evidence at a personal injury trial.

October 11, 2011

Can I Sue the Bar that Served the Drunk Driver?

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

I was hit by a drunk driver and was seriously hurt. The police officer told me the guy tested .20 – over twice the legal limit. I found out that the guy spent all afternoon in a local bar and was on his way to another bar when he hit me. Can I sue the bar where he got drunk?

Perhaps. Tennessee law permits you to sue a bar that over-served a drunk driver if you can prove beyond a reasonable doubt that they served alcoholic beverages to a visibly intoxicated person.

If your information is correct and the drunk was only served at one bar, you must then be able to demonstrate that he was visibly intoxicated and therefore the bar should have stopped serving him. You also must be able to demonstrate that the driver’s drunken condition contributed to cause the wreck.

October 10, 2011

Social Media and My Lawsuit

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

I was in a car accident in Murfreesboro and hired a personal injury lawyer to help me resolve my case. She warned me to be careful about Facebook and Twitter. Why?

When you get involved in a personal injury lawsuit after a car wreck, the other driver’s insurance company and its lawyers will investigate you and determine whether there is any information in your background that can be used to destroy your claim or reduce its value. It is not uncommon for the insurance company to look at Facebook and Twitter to determine was you wrote about your accident, your injuries and your post-wreck activities. Likewise, the insurance company will be looking to see what your friends wrote about these matters.

The insurance company will also be looking for pictures of you that can be used to say that you do not have the injuries you claim or that your injuries are not as serious as you claim.

October 7, 2011

Injured By A Taxi In Nashville

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

I was driving in Nashville and was broad-sided by a taxi that ran a red light. I was hospitalized for four days and am not yet back to work. What are my rights?

You have a personal injury claim. Our office has published this Legal Guide to answer your questions on the law of automobile accidents in Tennessee. This Legal Guide will help you understand the damages you may be entitled to receive.

The problem you will face is that many taxis are owned by the individual driver and have very limited insurance coverage. If that is true in your case, you will have to rely on uninsured / underinsured motorist coverage to recover damages.

October 6, 2011

My “Pay for Click” Lawyer Doesn’t Have a Real Office!

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

I responded to a "pay for click" lawyer ad to try to find a lawyer for my car accident case. I met the lawyer at a coffee shop. I asked him where his office was. He gave me a business card with the address. I checked it out on Google Maps and it is an apartment where I guess he lives. Should I be concerned about that? does

Probably. It is a stretch to say that a lawyer who works out of his apartment is not competent, but it is not unfair to question whether a lawyer who lives in an apartment and who does not have a traditional office of any type (a) has the experience you need for your case; (b) has been successful handling your type of case; (c) has the economic resources to invest in your case; and (d) has the support staff necessary to successfully prosecute your case.

There are plenty of lawyers out there who probably charge the same fee as this lawyer but who live and practice law in such a way that you do not have to worry about these issues. Unless you are willing to do a significant amount of work to check out this lawyer’s experience, expertise and financial ability to handle your case, I suggest that you work to find a different lawyer.

October 5, 2011

How Many Personal Injury and Wrongful Death Cases Are Filed Every Year In Tennessee State Courts?

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

What is the number of personal injury and wrongful death cases that are filed every year in Tennessee state courts?

For the year ended June 30, 2010 (the most recent year for which statistics are available) these were 10,469 tort cases filed. (Tort case include all types of personal injury and wrongful death cases, including medical malpractice cases). Included in that total are 324 medical malpractice cases.

There were 263 tort cases tried to a jury in the year ended June 30, 2010, Thirty (30) of those trials were medical malpractice trials.

October 4, 2011

Lawyer Did Not Respond To Motion For Summary Judgment And I Lost. Can I Sue Her?

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

I had a case pending in Circuit Court in one of the counties in Middle Tennessee. The defendant filed a motion for summary judgment and my lawyer forgot to respond on time so the judge dismissed my case. Can I sue my lawyer for not filing papers on time to keep my case alive?

Assuming that your lawyer had proper, timely notice of the motion for summary judgment and she was still representing you at the time the papers were due, she should have filed a response to the motion for summary judgment assuming that there was a good faith reason to oppose it. A lawyer cannot oppose a motion unless there is a good faith basis in the facts and / or the law to oppose it.

If you sue the lawyer, you will have to prove that (a) the lawyer should have filed on response; (b) the failure to file a response caused you to lose the motion; (c) if the case had not been dismissed you would have won the case; and (d) the amount of damages you would have won.

October 3, 2011

Is There A Limit on Punitive Damages in Tennessee Personal Injury and Wrongful Death Cases?

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

Does Tennessee have any limits on punitive damages in personal injury and wrongful death cases?

Yes, for all injuries and deaths that occur as a result of reckless or malicious acts on or after October 1, 2011.

Under the new law, punitive damages are limited to $500,000 or two times the compensatory damages awarded in the case, whichever is more. Punitive damages are not limited in cases involving those who cause harm while under the influence of drugs and alcohol and those who intend to cause physical injury. Punitive damages are prohibited in certain other types of cases.

October 1, 2011

Dog Causes Bicycle Crash – Who Is Liable?

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

I was riding my bike on a residential street in Nashville, Tennessee and a dog attacked me. I know who owns the dog. I crashed my bike and broke my elbow. Is the dog owner responsible for what happened?

Perhaps. I would need more facts but under Tennessee law dog owners are not supposed to let dogs run at large and are responsible for the harm caused by the dog if the dog is permitted to run at large.