Tennessee Injury Law Center

August 18, 2011

Should I Hire A Lawyer Who Seems to Have Good Results But Also Seems Like a Jerk?

I was involved in a wreck with a big truck. I am now out of the hospital and need to hire a Tennessee personal injury attorney. I met with a lawyer. He seemed like he knew what he was doing but he was a jerk and his office was an absolute disaster – I don’t know how he can find anything in there. I am nervous about hiring him, but I am not sure what I should do.

Lawyers are people (really!) and have different personalities. There are some inaccuracies in every generalization, but most lawyers would agree that lawyers who successfully try personal injury and wrongful death cases tend to more aggressive than passive, more self-confident (or perhaps even arrogant) than unusually humble, and better communicators than certain other types of lawyers. Frankly, lawyers who lack self-confidence do not belong in courtrooms.

Thus, before you hire a lawyer you need to meet the lawyer – it was very wise of you to do that. Do not rely solely on a commercial or a website description of the lawyer or the lawyer’s firm. Sit down and talk with the lawyer, preferably in the lawyer’s office, and try to figure out if (a) the lawyer is the type of person you want to work with during the pendency of your case; and (b) the lawyer is the type of person you want as your advocate before a jury if your case has to be tried. Use your common sense in making this decision, remembering that if the lawyer comes off as a jerk to you he will probably come off as a jerk to a judge and jury.

August 17, 2011

The Lawyer Who Wants My Case Works All Alone!

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

I went to meet with a lawyer about my personal injury case. He wants my case, but he works all by himself – no assistant, no secretary, and no other lawyer? Is this something I should consider in determining who to hire as my personal injury lawyer?

Yes. 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, 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.

On our larger cases we almost always have two or more lawyers working on every case. Why? Assigning two or more lawyers to every case means that if one lawyer is busy in trial or is out-of-state taking depositions in other cases work can still be done on your case.

August 16, 2011

Why Does It Mean When A Personal Injury Lawyer Says That She Belongs to The Bar Association

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

I am looking for a lawyer and some of them say that they are members of various bar associations. Is that important?

Many lawyers advertise that they are members of the Tennessee Bar Association, the American Bar Association, and / or their local bar association. Mere membership in these organizations tells consumers virtually nothing about a lawyer’s competence – all one needs to join these organizations is a law license and the money to pay the dues.

However, active membership in a bar association tends to indicate that the lawyer is interested in advancement of his or her profession. This is a relevant factor to be weighed by consumers because at a minimum it indicates a passion for the law. A lawyer who has been active in bar associations will list those activities on his or her website. Those that do not list activities probably have not been active and are probably just dues-paying members.

August 15, 2011

Live in Indiana, Hurt in Car Accident in Nashville, Tennessee and Need Lawyer

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

I live in Indiana but was injured in a car accident on Interstate 65 right outside of Nashville. Do I need a Tennessee lawyer?

You will almost certainly need a Tennessee lawyer. An Indiana lawyer will probably not be familiar with Tennessee law and will not be able to file a lawsuit here. Quite candidly, an experienced personal injury lawyer from Indiana would probably be able to negotiate some sort of settlement for you, but once again may be hampered by a lack of knowledge of Tennessee law and procedure that could impact the value received at settlement.

If your hire an Indiana lawyer he or she will probably ask the assistance of a Tennessee lawyer to help him or her with the case. I have helped lawyers from dozens of states in this situation, and it works quite well if the out-of-state lawyer calls us early enough to protect your rights. Tennessee law requires that such cases be filed within one year of the date of accident and, unfortunately, several times a year I get a call from an out-of-state lawyer who missed the one year deadline.

August 13, 2011

Medical Examination By Defense Doctor

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

I was in a car wreck and have filed a lawsuit. I hurt my back. Now the jerk that hit me and his insurance company want to have me examined by a doctor that they hire. Can they do that?

If your medical well being is in question in a case the opposing party may request that you undergo a medical evaluation by a doctor of their choosing. That doctor will offer his or her opinion about the nature and extent of your injuries and the impact of those injuries on your later life. That doctor may disagree with your doctor’s opinion as to the nature and extent of your injuries, and the jury will hear from both doctors at trial.

Under certain occasions, the court may refuse to permit a defense medical examination. An experienced personal injury lawyer is likely to know the circumstances under which a court will refuse a medical examination or prohibit a certain doctor from conducting the exam.

August 12, 2011

I Want A Settlement In My Personal Injury Case

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

I was in a car wreck about 3 months ago. The other driver admitted fault. My medical bills are about $25,000. I have been released by my doctor. My lost wages are $5000. How quickly will my case settle?

At the outset you need to understand that your case may not settle at all. In Tennessee the insurance company does not have a duty to settle your case and in fact does not even owe you a duty to fairly evaluate your case. It can settle a case, or not settle a case, on whatever schedule it wants to put in place.

However, if the insurance company wants to settle the case it needs to have information from your lawyer. At an absolute minimum, the company needs the accident report, your medical records and bills, perhaps some of your previous medical records, proof of lost wages from your employer, and an understanding of how the injuries have impacted your life. To the extent you claim a permanent injury, future medical expenses, future loss of earning capacity, or other damages, the insurance company will need proof of that.

August 11, 2011

I Think I Want to Sell My Structured Settlement

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

I was badly hurt in a personal injury case about ten years ago. As part of the settlement I received an annuity that pays me $4000 per month for the rest of my life (I am 40) or at least for another 25 years.. I have found myself in some financial trouble and I need some money now. I have been told that I can sell the annuity and get cash. Should I do that?

You almost certainly should not do that and, before you do, you should seek the advice of a financial counselor who can guide you through your decision-making process.

I have no respect for the companies that purchase structured settlements. The price paid for them is ridiculously low – often 40 cents on the dollar or even less. Your structured settlement will pay you a over $1,000,000 in the next 25 years – tax fee – and if you live a normal life expectancy you will receive another $500,000 or even more. You should not throw that away for pennies on the dollar and then take on the burden of investing what you receive.

August 10, 2011

Bit By Dog While Jogging

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

I was jogging in my neighborhood when a dog started to chase me. The dog bit me on the leg and, after I fell down, it bit me again on the arm before a passerby was able to get it off me. I have some very ugly scars as a result of these bites and am now absolutely terrified of dogs. What are my rights?

Under Tennessee law a dog owner has a duty to exercise reasonable control over his dog. If the dog’s owner let the dog run free the owner is reasonable for the harm caused by the dog.

If you win your case, you are entitled to payment of damages. Most injuries caused by dog bites are covered under the dog owner’s homeowner’s insurance policy.

August 9, 2011

How Many Jurors Must Agree in a Slip and Fall Accident Case?

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

I am involved in a slip and fall accident case in Tennessee state court . How many jurors must agree to a given result?

Unless the parties to the lawsuit agree otherwise, twelve jurors will decide the case and all twelve must find in favor of the plaintiff (the person bringing the lawsuit) or the defendant (the person or entity that has been sued.) If less than twelve people agree on the outcome, the judge will declare a mistrial and the case will have to be tried again.

August 8, 2011

What Happens After A Trial?

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

I just won a personal injury case at trial. What happens next?

If either the plaintiff or defendant does not agree with the jury’s decision, they have thirty days from the date that the signed judgment is filed with the Clerk of Court to ask the judge to change the result. The judge has the power to do five things.

First, the judge can set aside the result of the jury entirely and enter a judgment for the other side. This is called a “judgment notwithstanding the verdict.” The judge will do this only if he or she believes that the no reasonable jury could reach the result it did. This is very rare. A judge’s decision to grant or deny a request for a judgment notwithstanding the verdict may be appealed to the Tennessee Court of Appeals.