Tennessee Injury Law Center

April 21, 2011

Am I Entitled to A Rental Car if My Car is Totaled in a Wreck?

I was in a wreck and my car was totaled. Does the at-fault driver’s insurance company have to rent me a different vehicle?

Legally, no but practically that frequently occurs. Technically, in Tennessee the person who caused the wreck must pay for “loss of use” of your car. That loss is often measured by the cost of renting a replacement vehicle.

However, do not go out to a big-name car rental company and rent a replacement car and except the other driver’s insurance company to pay for it. Those companies often have contracts with lesser-known rental companies that charge less for rental cars. So, make sure you have a clear understanding with the other driver’s insurance company about what car you can rent and who will pay for it before you rent a replacement vehicle. Better yet, let your lawyer help you with this issue.

April 20, 2011

Does Tennessee Have PIP Coverage?

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

Is there PIP coverage in Tennessee?

No. Tennessee does not have a no-fault system and therefore does not have PIP (Personal Injury Protection) coverage as a part of automobile or truck liability insurance policies issued in Tennessee. However, if you live in a state that has no-fault and PIP coverage, your insurance policy may give you benefits not available to Tennessee residents. If you are from out-of-state but were injured in a car or truck wreck in Tennessee, the attorneys at Law Offices of John Day, P.C. will be happy to review your insurance policy and determine what benefits it provides under the circumstances.

April 18, 2011

Damages for Wrongful Death of a Husband in Tennessee

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

My husband was killed in a car wreck in Tennessee. He earned about $40,000 per year. We have three children, two under the age of 18. What damages are we entitled to receive from the person who caused the wreck?

These are the types of damages that can be recovered in Tennessee : (a) medical expenses for treatment of the injuries that resulted in death; (b) funeral bills; (c) conscious pain and suffering from the date of the injury until the date of death; (d) loss of enjoyment of life between the date of injury and death; (e) loss of earning capacity between the date of injury and death; and (f) the pecuniary value of life.

In all cases, the pecuniary value of life includes the present value of the decedent’s lost future earning capacity less those living expenses necessary to maintain the decedent’s person so that they can work. In cases involving the death of a spouse, the surviving spouse can recover damages for the loss of consortium of the decedent. In cases involving the death of a parent, the children can recover damages for the loss of love, society, affection and guidance of the parent. Each of these types of damages are included in the definition of the “pecuniary value of life.”

April 16, 2011

What Are My Obligations As A Personal Injury Client?

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

I am thinking about hiring a personal injury lawyer. What obligations do I have as a client of a personal injury lawyer?

I can answer that question only in regard to the expectations of our Tennessee personal injury law firm. We believe that the lawyer / client relationship is a special one and, just like the lawyer has certain obligations to the client, the client must do certain things to assist the lawyer in the representation. We expect the following of our clients:

You have an obligation to tell your lawyer the truth.
You have an obligation to tell your lawyer the truth even if you think it will hurt your case or the truth embarrasses you.
You have an obligation to truthfully testify at trial and in depositions.
You have an obligation to truthfully answer interrogatories.
You have an obligation to produce documents in your possession that your lawyer asks you to produce.
You have an obligation to promptly respond to your lawyer’s requests for information.
You have an obligation to let your lawyer know of changes in your medical condition.
You have an obligation to let your lawyer know if you move or you change your phone number.
You have an obligation to tell your lawyer if you are injured in another incident.
You have an obligation to tell your lawyer if you are arrested or get a traffic ticket.
You have an obligation to tell your lawyer if you are contemplating filing for bankruptcy.
You have an obligation to listen to and carefully consider your lawyer’s advice. You are not required to take the advice, but you should listen carefully to the advice and understand the potential impact to your case if you do not take the advice.

April 15, 2011

Hurt in A Car Wreck While I Was Working – What Are My Rights?

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

I was running an errand for my employer last week and was in a wreck with a pick-up truck. My car was stopped in traffic on Interstate 40 near Lebanon, Tennessee and the pick-up rear-ended my car at a high rate of speed. 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 14, 2011

What Is a “Contingent Fee?”

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

I hear personal injury attorneys advertise that they will work on a "contingent fee." What does that mean?

A contingent fee is a fee that is payable only in the event the case is successful. No fee is owed if the case is not successful.

In personal injury and wrongful death cases some attorneys will accept the case for a percentage of the recovery. For example, if an attorney agrees to accept representation in a case on a one-third contingent fee, that means that the attorney will not charge any money if the case is lost. If the case is successful the attorney will be paid one-third of the total recovery. For example, if the recovery is $60,000, the attorney’s fee is $20,000. If the case is lost, the attorney charges no fee for the work performed on the case.

The advantage of the contingent fee for the client is that he or she does not have to pay an attorney a flat fee ( a set amount) or an hourly fee to handle the case. Rather, he or she can wait and pay a fee at the end of the case and, if the case is unsuccessful, there is no obligation to pay any fee whatsoever.

April 13, 2011

Can An Attorney Loan A Client Money?

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

I am sure my case is going to settle soon. Can my attorney lend me money toward the settlement I know I am going to receive?

No. In Tennessee it is unethical for an attorney to loan you money while he or she is representing you in a case. Rumor has it that some attorneys will promise potential clients that they will help them with living expenses and that some attorneys actually do it. Indeed, some people say that some attorneys will offer money to clients in an effort to get hired by the clients. However, this is wrong, and an attorney who promises to do so or actually does so should be reported to the Tennessee Board of Professional Responsibility at 800.486.5714. This sort of conduct can result in discipline against the attorney, including the loss of his or her law license.

Why should you care about the ethical failings of an attorney? If the attorney is willing to risk his or her law license to get your case, do you really think you can trust them to represent you with your best interests in mind?

April 12, 2011

Are Settlement Proposals Admitted into Evidence?

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

I have a personal injury case. The at-fault driver’s insurance company has offered me $33,000 to settle the case. I don’t think it is enough and I want a trial. Will the jury know that the defendant offered me $33,000?

Under Tennessee law, the answer is generally "no." Absent exceptional circumstances, settlement offers are not admissible into evidence at a trial.

Likewise, settlement proposals are not admissible into evidence at ta trial. Therefore, if you offered to settle your case for $50,000, and then went to trial and sought a greater amount of damages, the insurance company would not be permitted to tell the judge or jury that you were willing to settle for $50,000.

April 10, 2011

Do I Have to Turn Over My Federal Income Tax Returns in a Personal Injury Case in Tennessee?

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

I was hurt in a car wreck in Sparta, TN. I lost six weeks from work but I am now back to work and think I will be able to work in the future. I hired a lawyer but we could not get the case settled. A lawsuit was filed. Now, the insurance company of the guy that hit me says they want my federal tax returns. I don’t think it is any of their business. Can they make me give them my tax returns?

Probably not, although the defense does have a right to have proof of your loss of income.

If our clients are uncomfortable about releasing their tax returns, we typically argue that tax returns are not discoverable in personal injury cases and instead will produce only the W-2 forms (which show the income earned from each employer). Our position is the tax return contains much more data than income information and that in a person injury case it is only data about income that has anything to do with the case.

April 7, 2011

Is There A Time Limit for Filing A Case Against a Tennessee Nursing Home?

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

My mother was hurt in a nursing home in Chattanooga. What it the time limit for filing a lawsuit against a nursing home in Tennessee?

You should assume that you must take appropriate legal action within one year of the date of the negligent act unless a lawyer aware of all of the facts advises you that you have more time.

As you might guess, it is possible that there is an exception to the rule expressed above, but the application of the exception is fact-dependent and the law on the issue is complicated. Thus, please contact a qualified lawyer quickly so that an appropriate investigation can be made and the lawyer can determine the validity of the claim.