Tennessee Injury Law Center

July 8, 2011

What is a Bailiff?

I was in court recently and the judge asked a man he called the "bailiff" to hand a witness a piece of paper. What is a bailiff?

A bailiff is a court employee who provides security for the judge and helps the judge maintain order in the courtroom. He or she also may hand papers from a lawyer to a witness or from a witness to the jury.

The bailiff is also the person usually entrusted with the job of escorting the jury from the courtroom to the jury deliberation room and for passing questions from the jury to the judge.

July 7, 2011

Attorney Wants To Charge Me Interest!

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

I was hurt in a boating accident. I talked to a lawyer and he sent me a proposed contingency fee agreement. The agreement says that I have to pay the expenses he incurs in prosecuting my case and that interest accrues on the expense money. Is that normal?

It is normal for an attorney handling a contingency fee case to ask the client to re-pay the attorney for the money spent on case expenses out of any settlement achieved in the case. It is not normal, however, for an attorney to charge interest on the expense money they advance for case expenses, although it seems like more and more attorneys are doing it.

The lawyers who charge interest may have a contract with a private company that charges them interest on case expenses, and then the attorney passes the interest that he or she pays while the case is pending onto you as their client. The interest rate may be very high – much higher than the “prime rate.” The lawyer does not profit from this practice, but simply passes the cost of the interest on to you. Sometimes there are additional fees associated with this service that are passed on to you.

July 6, 2011

What Is The Deadline for Filing an Automobile Wreck Case in Tennessee?

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

I was hurt in a car wreck in Tennessee. The other driver was also from Tennessee. How much time do I have to file a lawsuit?

You have one year from the date of the wreck to file a lawsuit. Failure to file suit within the one year period will result in a loss of your rights.

However, you should not wait this long to hire a lawyer. A lawyer needs time to investigate the case ad sometimes critical evidence can disappear if the lawyer is not hired early in the case. Also, it is possible that the lawyer can negotiate a settlement on your behalf, thus eliminating the expense that goes with filing a lawsuit. Thus, it is recommended that you hire a promptly and not wait until the one year deadline for action approaches.

July 5, 2011

How Do I Find the Best Lawyer for My Car Wreck Case?

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

I was hurt in a car wreck. How do I find the best lawyer to help me with my case?

We have written a guide to help you understand the factors you should consider in determining who you should hire as a personal injury lawyer. Read it here.

July 4, 2011

Daughter Injured By Fireworks

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

My daughter was injured in a fireworks show put on by our neighbors last night. What responsibility does the neighbor have to pay her medical bills and other losses?

Your neighbor’s responsibility depends on whether or not he was negligent in his use of the fireworks. Your neighbor had the duty to exercise reasonable care while using the fireworks and, indeed, an argument can be made in the law that he had the duty to use the highest degree of care because fireworks are so dangerous.

So, before I can tell you want responsibility your neighbor has, if any, I need to know a whole lot more about how the injury occurred. I also would need to know the age of your daughter and what she was doing at the time the injury occurred.

July 1, 2011

Burn Injury Caused By Product

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

My wife was at work when a fire occurred. Her employer says the fire occurred because a problem with a machine in the plant. She was badly burned. What are her legal rights?

At an absolute minimum, your wife will be able to recover benefits under Tennessee’s worker’s compensation law. Stated briefly, her medical bills will be paid, she will receive a portion of her normal wages until she is able to return to work, and she will receive an additional payment for any disability she has as a result of the injury.

However, your wife also may have a tort claim against the company that manufactured, installed, or maintained the machine in question. Thus, it is essential that an investigation be conducted to determine why the fire occurred. Was there a problem with the machine from the day it was made? Was it installed incorrectly? Was it not properly maintained? Was one or more of these things responsible for the cause of the fire?

June 30, 2011

Loss of Sight Because of Medical Error

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

My husband recently lost his vision because of a error by a doctor. What are his legal rights?

Your husband will have to prove that the doctor who treated him failed to follow acceptable professional practice in the community where the doctor practiced and that the failure caused the loss of his vision.

The proof will require the testimony of a doctor, typically one in the same specialty as the doctor who made the error, that your husband’s doctor made an error. A doctor will also have to testify that the error caused the loss of sight.

June 29, 2011

Boating Accident – Other Boater Was Drunk

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

I was fishing at Tims Ford lake and a ski boat came around a corner and hit my small boat. I was thrown into the water and received a compound fracture to my leg and a bad cut. The leg became infected. The other boater was drunk? What are my rights?

Tennessee has laws that govern the operation of boats and it is just as illegal to operate a boat under the influence of alcohol as it is to operate a vehicle under the influence.

Thus, you have a claim against the boater who ran into you just as you would if you have been hit by a drunk driver on Hwy 50 between Lynchburg and Winchester.

June 28, 2011

What Happens When a Lawyer Messes Up?

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

My lawyer missed the deadline for filing my lawsuit. What are my rights?

You may well have a case against your lawyer. To prove that case, you have to prove that the lawyer should have filed the case on time and, if he or she had done so, you would have prevailed in the case.

So, you really have two separate cases. First, you have to prove the lawyer’s error. Second, you have to prove that you would have won the underlying case and the the amount of damages you would have won. If your original case had no merit, your case against the lawyer will not be successful. Why? Because the lawyer’s failure to file your case on time did not cause you any damage – you would have lost the case anywhere.

June 24, 2011

My Neighbor Says I Don’t Need An Attorney in My Car Wreck Case

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

I was hurt in a car wreck. It was not my fault. My neighbor doesn’t think I need a lawyer because I did not get hurt. Is she right?

If you weren’t hurt you probably do not lead a lawyer to assist you unless you have difficulty getting the other driver’s insurance company paying for the damage to your case. Usually, property damage claims can be worked out without legal advice.

If you had been injured in the wreck, you may well have needed the advice of an experienced personal injury lawyer. Our firm does not charge for an initial consultation with a potential client.