Tennessee Injury Law Center

May 6, 2011

Time Period Needed to Settle a Case

I was in a car wreck about 6 months ago. The other driver admitted fault. My medical bills are about $35,000. I have been released by my doctor. My lost wages are $12,000. 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.

May 5, 2011

What Happens if the Person Who Hurt Me Has Died?

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

I was hurt in a head-on automobile accident caused by a careless pick-up truck driver. The driver that crossed the centerline and hit me died in the wreck. Do I have legal rights against him even if he is dead?

Yes. Although you can’t sue someone who is dead, you can sue his estate. If an estate has not been opened for him, you (through your lawyer) can petition the court to have an estate opened so that you can sue it and collect the monies you are entitled to recover. Any recovery would come from the liability insurance coverage that the decedent had that was applicable to the wreck and, to the extent that the damages awarded exceeded the insurance coverage, from the assets of the estate.

The fact that the person who hit you died does not relieve his insurance company of the obligation to defend the case and pay the monies to you that you are entitled to receive under the law (up to the liability insurance policy limits).

May 4, 2011

Suing A Tennessee Lawyer for Legal Malpractice

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

I was hurt in a car wreck in Carthage, Tennessee last year. I hired a lawyer one month after the wreck. She called me last week, and told me she forgot to file my lawsuit on time. She said he filed it late and hopes that the other side won’t say anything but that if they figure it out my case will be dismissed. What do I do now?

Your lawyer did the right thing by telling you that she made an error. The failure to file a lawsuit within the one year period required by Tennessee law is legal negligence absent extraordinary circumstances not apparent from your question.

You need to hire a different lawyer to help you evaluate your case and, if necessary and appropriate, assert a claim against the lawyer. To prove your case, you will need to prove that the lawyer committed malpractice by not filing the case on time. You will also need to prove that more likely than not you would have won the underlying case (the care wreck case). Lawyers refer to this second case as "the case within the case."

May 3, 2011

Car Wreck Lawsuit Against the State of Tennessee

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

My husband was hurt in a car wreck when a state employee driving a state vehicle ran a stop sign. I think I read somewhere that the State of Tennessee and its employees can’t be sued. hat doesn’t seem fair.

The employee cannot be sued if the injury was caused by negligence and the employee was working for the State at the time of the wreck. However, the State can be held responsible for the negligence of its employee under these circumstances, but some of the procedures are much different than those applicable to a private business.

The claim against the State is not filed in court but instead is asserted as a claim through the Tennessee Claims Commission. Proper notice of the claim must be given and, if the claim is denied (it usually is) then a formal claim must be filed. The entire process is administered through the Claims Commission. The Attorney General’s Office defends the State.

May 2, 2011

Deadline for Filing Sex Abuse Claims in Tennessee

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

I live in Tennessee. My son was sexually abused by a neighbor when he was 14. He is 18 now. Can my son sue the abuser, or has the time for taking legal action expired?

Yes. Tennessee law requires that he must file suit before his 19th birthday. The failure to file suit by his 19th birthday will result in a loss of his rights.

People sexually abused in Tennessee when they are adults have only one year from the date of the incident to file suit, but special rules apply if the person who was the abuser was a "therapist" within the meaning of T.C.A. Sec. 29-26-203. If you think you have been abused by a therapist (or anyone else for that matter), contact an experienced personal injury lawyeras soon as possible. Make sure you discuss this with your parents as soon as possible if you have not already done so.

May 1, 2011

Can My Lawyer Charge Me Interest?

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

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

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

The lawyers who charge interest may have a contract with a private company that charges them interest, and then they pass the interest that they pay 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 arrangement, 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.

April 30, 2011

Can A Tennessee Lawyer Pay My Living Expenses?

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

I am sure my case is going to settle soon. Can my lawyer lend me money toward the settlement I know I am going to receive? I have lots of bills and the lawyer has said he will help me with some of those bills and I can pay him back out of my settlement?

No. In Tennessee it is unethical for a lawyer to loan you money while he is representing you in a case.

Many personal injury victims have problems keeping body and soul together while their personal injury case is pending. Many lawyers feel bad for the client and want to help them. Indeed, from time to time we hear rumors of some lawyers actually offering potential clients money to persuade the client to employ them to handle their case.

April 28, 2011

Car Wreck While Working

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

I was running an errand for my employer last week and was in car wreck. The other driver was passing me, but turned in to our lane too early, hitting the front of my car and spinning me into the median where my car rolled-over. My car was totaled and I spent five days in the hospital. What are my rights?

You have two potential claims. First, you have a worker’s compensation claim because you were injured in the course of employment (assuming your employer has five or more employees).

Second, you have a claim against the driver of the other car. This is called a "tort" claim.

April 27, 2011

Injured In Car Wreck Caused By Sheriff’s Deputy

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

I was hit at an intersection by a car belonging to the local sheriff’s department. The deputy ran a red light. He did not have his emergency lights or siren on when the wreck happened. Can I sue the deputy for the injuries I received?

No, but you can sue the Sheriff’s department. The individual deputy is immune from suit if the wreck was caused while he was on the job, but the Sheriff’s department (county government) is responsible for the acts of the deputy.

Tennessee limits the amount of damages that can be awarded against a local government. For wrecks occurring on or after July 1, 2007, a "governmental entity" may not be required to pay more than $300,000 for any one person injured in an auto wreck or more than $700,000 for all people injured in a wreck.

April 25, 2011

Kentucky Resident Hurt in Wreck in Tennessee – Do I Need a Tennessee Lawyer?

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

I live in Kentucky but was injured in a wreck with a big truck on Interstate 40 right outside of Nashville. Do I need a Tennessee lawyer?

You will almost certainly need a Tennessee lawyer. A Kentucky lawyer will probably not be familiar with Tennessee law and will not be able to file a lawsuit here. Quite candidly, an experienced personal injury lawyer from Kentucky would probably be able to negotiate a settlement for you, but once again may be hampered by a lack of knowledge of Tennessee law and procedure that could impact the value received at settlement.

If your hire a Kentucky lawyer he or she will probably ask the assistance of a Tennessee lawyer to help him or her with the case. I have helped lawyers from dozens of states in this situation, and it works quite well if the out-of-state lawyer calls us early enough to protect your rights. Tennessee law requires that such cases be filed within one year of the date of accident and, unfortunately, several times a year I get a call from an out-of-state lawyer who missed the one year deadline.