Tennessee Injury Law Center

July 4, 2011

Daughter Injured By Fireworks

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.

June 23, 2011

Do I Have To Repay My Auto Insurer If They Pay My Medical Bills?

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

Do I have to repay my automobile insurance company if they pay my medical bills from my medical payments coverage and I recover a settlement from the at-fault driver?

Probably. Most automobile insurance policies that have medical payments coverage require that you re-pay them if you make a recovery from the at-fault driver. Under certain circumstances you can force the company to reduce the amount of the re-payment. Your lawyer can help you with this issue.

June 22, 2011

What Is Medical Payments Coverage Under My Auto Policy?

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

I was hurt in a car accident. I do not have health insurance. I heard that my auto insurer might pay some of my medical bills under what is known as "medical payments coverage." What is that?

Many car insurance policies have medical payments coverage. This insurance coverage pays your medical bills if you are involved in an incident covered under the terms of the policy. There is a limit on the coverage provided, often $10,000 but it may be much higher.

If you have this coverage you should definitely use it to get the medical care you need without paying the medical bills out-of-pocket.

June 21, 2011

Will Not Going to Physical Therapy Hurt My Case?

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

I was hurt in a car wreck., My doctor prescribed physical therapy. I am supposed to go three days per week. The physical therapist is 60 miles away and I simply cannot afford the gas to go back and forth three days per week. If I don’t go to physical therapy will it hurt my case?

It might hurt your case. If you don’t go to physical therapy as prescribed the insurance adjuster and the lawyer for the insurance company will assume that you were not really injured or that you did not do everything you should have done to minimize the impact of the injuries on your life.

More importantly, the failure to get therapy may actually impact your recovery.

June 21, 2011

“My Doctor Operated on the Wrong Ankle!”

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

I was supposed to have an operation on my right ankle. When I woke up I discovered that they operated on my left ankle. Now, I have to wait to recover from the operation to the wrong ankle before they will operate on the ankle they should have operated on (the right ankle). To top it off, I have a hospital-acquired infection in the left ankle and am receiving antibiotics via an IV. Do I have a case?

Yes. There is no excuse for wrong-site surgery. The doctor may blame other operating room staff, and they may blame the doctor, but at the end of the day every person working in the operating room has a responsibility to know what ankle they are operating on. The only exception to this rule is in you are asked, before receiving any type of sedative, to mark what ankle you are having surgery on and you mark the wrong ankle. Then the wrong-site surgery may be considered partially your fault.

Tragically, this is a growing problem. According to the Joint Commission on Accreditation of Hospitals, wrong-site surgery occurs 40 times a week in U.S. hospitals and clinics. This estimate s based on voluntary reporting – one-half of the states do not require reporting. Minnesota had 48 cases last year and Pennsylvania has averaged 64 cases for the past few years.