Tennessee Injury Law Center

May 20, 2011

What Do Martindale Ratings Mean?

What is the significance of Martindale ratings in determining what lawyer to hire in a personal injury or wrongful death case?

The Martindale publication has been around for many decades and assigns ratings to law firms and lawyers based on votes cast by other lawyers in the community.

Law Offices of John Day, P.C. is recognized by Martindale as a Preeminent Law Firm. John Day earned an AV rating, the highest rating available, in 1993 at the age of 36 and held that rating for over 17 years. The rating system has now changed and John’s rating is “Preeminent,” with a rating of 5.0 out of 5.0, the highest possible rating. Brandon Bass, another lawyer in the firm, also has a rating of "Preeminent," with a rating of 4.9.

May 19, 2011

Lawyer Charges For Private Planes

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

I have interviewed a lawyer from out-of-state and she explained that she will have no problem representing me in Tennessee because she has a private plane and can be here in just a couple hours. Should that concern me?

Some lawyers use the fact that they have private planes as a marketing tool. If you hire such a lawyer, make sure you understand how much you will be charged for use of the private plane during your case. Private plane expenses can be much higher than commercial air travel or ground travel, and you need to know how you will be charged for these flights. Responsible lawyers who use private planes in their law practice will charge you only the cost of what a commercial airline would charge for a pre-purchased, coach ticket on a commercial airline for the same flight.

May 19, 2011

How Many Jurors Must Agree in a Medical Malpractice Case?

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

I am involved in a medical malpractice 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.

May 18, 2011

What Type of Expenses Are Incurred in the Prosecution of A Medical Malpractice Case in Tennessee?

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

I believe I have a medical malpractice claim against a Tennessee hospital. It is my understanding that lawyers who accept representation of patients in medical malpractice cases only get paid if they win the case but that they also charge for the expenses they incur in pursuing the case. What type of expenses are incurred in the prosecution of a medical malpractice case?

Most lawyers who represent patients in medical malpractice litigation ask to be reimbursed for expenses they incur in prosecuting your case. Some lawyers hold the client responsible for those expenses if the case is unsuccessful. Other lawyers will “write-off” some or all of those expenses if the case is unsuccessful. The written fee agreement between you and the lawyer should disclose whether the client will be responsible for expenses if the case is unsuccessful, and therefore you should examine it carefully before agreeing to employ any lawyer.

Here is a list of the types of expenses that may be charged to your case:

May 17, 2011

Deadline for Filing A Medical Malpractice Claim in Tennessee

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

What is the deadline for filing a medical malpractice case in Tennessee?

The short answer to this question is one year plus one hundred-twenty days. But the issue is really more complicated than that.

Generally, medical malpractice cases must be initiated within one year of the incident which causes the injury. For example, if a doctor performs surgery on the wrong arm of the patient, the patient will have one year from the date of the surgery to initiate a claim. A new Tennessee law requires that medical providers be given 60 days advance notice in the proper form before being sued for medical malpractice. The notice must be given before the expiration of the time limit for initiating the claim, so generally within one year. If proper notice is given, the deadline for filing the lawsuit is then automatically extended by 120 days.

May 16, 2011

Can The Person I Am Suing See My Medical Records?

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

If I file a personal injury lawsuit will the person I am suing be able to see my medical records?

Your medical history is important in any case in which you are claiming to have suffered a physical or psychological injury as a result of someone else’s negligent or intentional act. Your medical history establishes the baseline of your physical or psychological well being before the injury. You can only recover in the lawsuit for the injury caused by the act or omission of the responsible person. You may not recover damages for physical and mental suffering or medical care necessitated by preexisting conditions. When a preexisting condition is made worse you can recover damages for the worsening of the condition. Your medical history will be important to proving this claim.

In Tennessee, most judges will permit your opponent to see your medical records if the the request "is reasonably calculated to lead to the discovery of admissible evidence." Thus, if you injured your leg in the incident giving rise to the litigation, the records for prior medical treatment at an OB-GYN may be able to be kept private.

May 16, 2011

Are There Caps on Damages in Personal Injury Cases in Tennessee?

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

I have a personal injury case that must be filed in Tennessee. Are there any caps on damages in these cases?

Not under current law. However, the Tennessee General Assembly has recently passed a law that the Governor is expected to sign that will cap non-economic losses in most cases at $750,000. In a few cases the cap is raised to $1,000,000.

Non-economic damages are damages for pain, suffering, disfigurement, disability, and loss of enjoyment of life.

May 13, 2011

Medical Error – Claim Against the VA Hospital

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

I am a veteran and receive my care at the local VA hospital. They made an error and injured me for life. Can I assert a medical malpractice claim against them, or are they protected from lawsuits because they are a government agency?

The VA can be sued for medical negligence, but certain special rules apply and the failure to follow them can have very serious consequences. Claims like yours are governed by the Federal Tort Claims Act.

As but one example, a special form must be filled out and filed to initiate the claim. This form gives the government formal notice of the claim and suit cannot be filed until six months after proper notice has been given. The completion of this notice form can materially affect the right of the claimant, and therefore it is recommended that a lawyer be consulted before notice is given.

May 13, 2011

Sexual Relationship With Therapist

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

I have been seeing a social worker for martial problems. The therapist asked me all sorts of questions about my sexual history and found out that I had been raped when I was in college and that I have had a bunch of issues with sex since then. He came on to me and we have had a sexual relationship for the past four months. My husband just found out about it and is furious. I am now seeing a psychologist and having a bad time. The psychologist has said that it was professionally inappropriate for the social worker to have a sexual relationship with me. What are my legal rights?

Tennessee law would permit you to bring a malpractice case against the therapist for his conduct. You would have to prove that it was inappropriate for the therapist to have a sexual relationship with you, and would need the testimony of another therapist to establish that (unless the therapist admitted was he did was wrong).

The issues in these cases can become very complex. If you want to pursue this matter, contact an experienced lawyer as soon as possible. Tennessee has deadlines for taking legal action in this type of case.

May 12, 2011

Can I Sue The Man That Raped Me?

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

I was raped. The police found the rapist and he is in jail. Can I sue him?

Rape is a crime that will result in prison time but it is also what is known as a "tort." There are many different types of torts, but rape would be the civil tort of battery. Battery is the unlawful touching of another person. Thus, a rapist can be sued and imprisoned for the same conduct.

The problem with suing rapists is that they may not have money and therefore it will be very difficult to collect the damages you win. Hopefully, the person who did this to you will be going to prison and therefore will not be earning any real income, but that of course has the practical effect of making it difficult to collect damages from him.