Tennessee Injury Law Center

August 13, 2011

Medical Examination By Defense Doctor

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.

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.