Tennessee Injury Law Center

April 15, 2011

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

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.

April 6, 2011

How Long Do You Have To Appeal A Personal Injury Case in Tennessee?

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

I won a personal injury trial in circuit court in Smith County, Tennessee? How long does the defendant have to appeal the jury verdict?

First, the court has to enter a judgment on your verdict. The defendant then must file a notice of appeal to the Tennessee Court of Appeals within 30 days.

However, the defendant can ask the trial court to set aside the verdict, grant a new trial or reduce the verdict. If the defendant wants to do this, the appropriate papers must be filed within 30 days after the judgment is entered in your case. If the defendant files these papers on time, the court will usually have a hearing and then issue a ruling. If the court refuses to set aside the jury verdict or grant a new trial, the defendant will have 30 days from the date that of the court’s order to appeal. If the court reduces the verdict, you can accept the lower amount, accept it under protest and appeal within 30 days, or elect to have a new trial.

April 5, 2011

My Daughter Has Been Sexually Abused By Her Step-Father. What Do I Do?

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

I just discovered that my husband has been sexually abusing my 12-year old daughter. What do I do? I am scared and very angry.

Here are my thoughts:

Leave the house with your daughter and any of your other children and immediately report this matter to the police. If there is any physical evidence of the abuse that you can readily put your hands on take it with you.
Cooperate fully with the police. Your daughter will almost certainly need a medical examination. Cooperate with that effort.
Follow any reasonable instruction from the police department and the medical personnel.
If there is sufficient evidence the police will probably arrest your husband immediately. You will then be safe to go home.
Do not bail your husband out of jail. Do not give him a chance to act right based on a promise that he will not act this way again.
Talk to a lawyer about getting a court order keeping your husband away from the house, you and the children of the event he makes bond and is able to get out of jail. If there is any visitation it should be supervised. The district attorney will probably be able to help you get this court order.
Get your daughter (and perhaps your other children) counseling. If you cannot afford private counseling the area rape trauma and sexual abuse center will give you a list of names of counselors who work for reduced rates. Some centers even provide some level of free counseling. You may need counseling yourself.
Talk with a divorce lawyer. You cannot stay married to a man who will harm your children.
You may wish to talk to a lawyer about filing a lawsuit against your husband. Sexual abuse is not only a crime but can also result in civil liability.

April 2, 2011

Deadline For Bringing A Wrongful Death Lawsuit in Tennessee

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

My husband was hurt in a car wreck in Tennessee on November 19, 2010 and died in the hospital on December 21, 2010. What is my deadline for filing a lawsuit against the driver who caused the wreck?

Unless a lawyer familiar with all of the facts advises you to the contrary, you should assume that you must file suit a lawsuit against the responsible parties before the one-year anniversary of the wreck.

In some states the date of death triggers the start of the time period to take legal action. That is usually not so in Tennessee. Thus, to be safe work under the assumption that the one-year period starts to run from the date of the original injury that later resulted in death.

April 1, 2011

Damages for Wrongful Death of Wife

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

My wife was killed in a car wreck. She was not working at the time of her death but planned to go back to work when our daughter went to school. What damages am I 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.”