Tennessee Injury Law Center

August 11, 2011

I Think I Want to Sell My Structured Settlement

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.

August 6, 2011

Are There Deadlines for Filing Lawsuits in Tennessee?

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

Are there deadlines for filing lawsuits in Tennessee?

Yes. Statutes of limitation passed by our legislature limit the time to file a lawsuit in all types of cases. The length of time varies depending on the type of case. In most instances you have one year from the date of the incident causing injury or death to bring a lawsuit, although shorter time limitations apply in some types of cases.

There are other laws known as “statutes of repose” that provide absolute deadlines on filing lawsuits. This type of law may result in you losing your rights before you know you have suffered an injury.

August 4, 2011

The Guy That Hit Me Had No Liability Insurance!

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

I was hit by a drunk driver – he ran a red light and broad-sided me. He told the cop that he was drinking at home all day, got in an argument with his wife, left the house, and then had the wreck with me. I spent seven days in the hospital and have missed four weeks of work so far. I still don’t know when I can go back to work. I just found out that the drunk did not have any liability insurance on his car. Now what?

You will have to rely on your uninsured motorist insurance coverage. Look at the declarations page of your insurance policy and see what amount of coverage you have. It is designed to protect you in this situation.

If you have uninsured motorist coverage (and Tennessee law requires your insurance company to sell it to you unless you right it in writing) you will have to collect your damages from your own insurance company. Your company cannot raise your rates because of an uninsured motorist claim.

August 2, 2011

What Happens If I Do Not Answer Interrogatories in a Personal Injury Lawsuit?

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

I am in a personal injury lawsuit. The other side has sent a bunch of interrogatories and I do not want to answer them. It is just too much work and they are asking a lot of questions that are not of their business. What happens if I don’t answer them?

If you don’t provide answers within the time required by law your opponent can file a motion to compel you to answer. The judge will give you additional time to answer.

If you don’t answer in the extended time the judge gives you the judge may order sanctions against you. The judge could even dismiss your lawsuit.

August 1, 2011

Collecting Interest in Personal Injury Cases in Tennessee

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

I was hurt in a wreck with a big truck about six months ago. It wasn’t my fault. I have been waiting for over a year for the case to settle. I lost four months of wages and have had to pay some medical bills that were not covered by my health insurance. Can I get the insurance company to pay interest on my settlement? It doesn’t seem fair that they can delay my settlement and not have to pay interest.

Not under Tennessee law. Some states do permit the recovery of interest in this type of situation, but Tennessee law does not permit the recovery of interest in personal injury or wrongful death lawsuits.

The only exception to this rule is if you win a case and a judgment is entered by the court you are permitted to recover interest. Interest accrues at the rate of 10% per year on the amount of the judgment that is unpaid.

July 29, 2011

Limit on Lawsuit Against Local Government in Tennessee

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

My car got rear-ended by a careless police officer driving his patrol car. He was flying – the impact drove the bumper of my car into what used to be the back seat. I was badly hurt. I have heard that I can’t sue the officer but I can sue the city he works for. I have also heard that my right to sue the city is limited. Are those things true?

Yes. In Tennessee you cannot sue the officer but you can sue his employer. However, the total amount of damages you can recover is $300,000. This is true even if your medical bills and lost wages exceed this amount – the most you can recover under any circumstances is only $300,000.

Our firm represents people in claims against state and local governments. We accept many cases on a contingent fee basis, which means that we charge no attorneys’ fee unless we are successful in our case. Please feel free to call for a free consultation.

July 28, 2011

I Just Got A Subpoena!. Do I Have to Go to Court?

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

I live in Nashville and just got served with a subpoena to attend a car accident trial in Franklin, Tennessee. I was a witness to the car wreck but really don’t want to take time off work to go to trial. Do I have to go?

Yes, unless you can work something out with the lawyers involved in the case and the court. A subpoena is a court order that must be obeyed. The court in Franklin has the power to order you to come from Nashville attend a trial.

Call the lawyer who had the subpoena issued and ask if you can be released from the obligation to attend. If not, ask if you can show up at a particular date and time and not just be present on the first morning of trial and then have to wait until you are called as a witness. Most lawyers will be happy to accommodate your schedule if it is at all possible to do so.