Tennessee Injury Law Center

April 1, 2011

Damages for Wrongful Death of Wife

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.”

March 31, 2011

Wreck in a Parking Lot

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

My car was broad-sided in a high school parking lot by a student who was not paying attention. There are two witnesses and the student admitted it was his fault. However, the police would not come because they said that the wreck did not happen on a public street. Does that fact that this wreck happened in a parking lot affect my rights to seek damages for the injuries I received in the wreck?

Not under Tennessee law. All drivers have the obligation to exercise reasonable care at all times, and that includes the operation of a vehicle in a parking lot.

The fact that a police officer did not appear is not fatal to your case, particularly if there were others present that saw the wreck. I hope you got the names and contact information of these witnesses and, if you did, make sure you hold on to that information. I assume that you also got contract information for the other driver.

March 29, 2011

Can College Students Claim Loss of Potential Earnings in A Personal Injury Case?

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

My daughter is 21 years old and is a college student. She is has no declared major but she is doing well in school. She was in a bad car wreck and had severe injuries to her leg. Can she include a claim for loss of future earnings as part of her personal injury claim?

Yes, but she will have to be able to prove how the injuries affected her ability to earn money in the future. This will require evidence of what she was wanted and able to do before the wreck and evidence of how the wreck limited those opportunities. Those lost opportunities then need to be converted to dollars.

At our office, in appropriate cases, we utilize the service of a vocational expert to help us make the assessment of how an injury affects future work opportunities. We then use an economist to demonstrate the amount of economic loss as a result.

March 28, 2011

What Does It Mean When You Have Uninsured Motorist Insurance Policy Limits of $50,000 / $100,000?

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

I live in Tennessee. I was in a car wreck in Clarksville and got hurt. It was the other driver’s fault. The other driver has no insurance. I looked at my automobile insurance policy and it says that I have uninsured motorist insurance of $50,000 / $100,000. What does that mean?

It means that for any one car wreck that is the fault of another driver who does not have any insurance your insurance company will pay you up to $50,000 in losses and damages you suffer. If more than one person in your vehicle is injured in the wreck, the company will pay up to $100,000 to all of the persons in your vehicle who were injured and covered under the policy but no more than $50,000 for any one person.

Note that each person who is injured does not automatically get $50,000 – they must demonstrate amount of their damages and can recover up to $50,000 each.

Your policy also provides your protection if the at-fault driver was underinsured. For example, assume that the driver that hit you was from another state and had a liability insurance policy that provided the driver $10,000 / $20,000 in liability insurance coverage. That means that for any one car wreck that was the other driver’s fault his insurance company will pay a person injured in the wreck up to $10,000 in losses and damages they suffer. If more than one person is injured in the wreck, the company will pay, on the at-fault driver’s behalf, up to $20,000 but no more than $10,000 for any one person.

March 27, 2011

Can A Lawyer Pay for My Medical Treatment?

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

I was hurt in a car wreck that wasn’t my fault. I don’t have any health insurance. I have medical payments coverage on my car insurance but it was only $10.000 and it has already been paid to various doctors and hospitals. Now, my doctor says I need physical therapy but I don’t have the money. Worse yet, my lawyer says he won’t pay for it. What do I do?

Your lawyer is correct. Under ethics rules applicable to lawyers in Tennessee, a lawyer cannot advance you money for any medical treatment. A lawyer can advance money for the benefit of the client for litigation expenses, but he or she cannot provide money to a client (or potential client) for any other reason during pending litigation or in anticipation of employment.

What can the lawyer do to help you? Sometimes health care providers can be persuaded to treat a patient who has a pending personal injury case if the client promises in writing to pay them out of any settlement monies. Under this type of arrangement, the client directs the lawyer to withhold money out of any settlement and directly pay the health provider, and the lawyer promises the provider that he or she will do so. No health care provider must do this, but it is not uncommon for physical therapy companies to agree to do so if you have a case where the other driver is clearly at fault.

March 27, 2011

What Are the Categories of Damages That Can Be Recovered In a Personal Injury Case?

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

What types of damages can be recovered in a personal injury case?

In most personal injury cases, you can recover monetary damages for medical bills, past and future physical pain and suffering, past and future mental or emotional pain and suffering, loss of earning capacity, disability, lost capacity for the enjoyment of life, and disfigurement.

These categories of damages are explained below.

March 26, 2011

How Many Supreme Court Justices Does Tennessee Have?

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

How many justices serve on the Tennessee Supreme Court?

Five. The justices are selected by the Governor from a panel of three persons selected by a commission. The commission interviews and evaluates lawyers who apply for an open seat on the Court.

March 25, 2011

Is An Executor Required to File A Wrongful Death Lawsuit in Tennessee?

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

My 25 year old brother from Lebanon, Tennessee was killed in a car wreck in Tennessee. Some people have said that an estate must be opened and that an executor or administrator has to be appointed by the court in able to file a wrongful death lawsuit. Is that true?

Not necessarily, but it may be required depending on other facts that you have not shared with me.

Generally speaking, these are the rules for who may file a wrongful death lawsuit in Tennessee:

March 24, 2011

What Does It Mean When You Have Uninsured Motorist Insurance Policy Limits of $250,000 / $500,000?

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

I live in Tennessee. I was in a car wreck in Lebanon, Tennessee and got hurt. It was the other driver’s fault. The other driver has no insurance. I looked at my automobile insurance policy and it says that I have uninsured motorist insurance of $250,000 / $500,000. What does that mean?

It means that for any one car wreck that is the fault of another driver who does not have any insurance your insurance company will pay you up to $250,000 in losses and damages you suffer. If more than one person in your vehicle is injured in the wreck, the company will pay up to $500,000 to all of the persons in your vehicle who were injured and covered under the policy but no more than $250,000 for any one person.

Note that each person who is injured does not automatically get $250,000 – they must demonstrate amount of their damages and can recover up to $250,000 each.

Your policy also provides your protection if the at-fault driver was underinsured. For example, assume that the driver that hit you had a liability insurance policy that provided the driver $100,000 / $300,000 in liability insurance coverage. That means that for any one car wreck that was the other driver’s fault his insurance company will pay a person injured in the wreck up to $100,000 in losses and damages they suffer. If more than one person is injured in the wreck, the company will pay, on the at-fault driver’s behalf, up to $300,000 but no more than $100,000 for any one person.

March 23, 2011

Can My Statement on the Accident Report Be Used?

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

I was in a wreck. The police took a statement from me but she did not accurately put down what I said in the accident report. Can the accident report be used against me in a personal injury case?

Yes, but not directly. In most cases, the accident report cannot be admitted into evidence in a Tennessee state court. However, the police officer who you asked you questions can be subpoenaed into court and asked what you said to her. She will be given the right to review report, which may well be all that she remembers about what you said to her. Therefore, if the officer recalls only what is in the report and will not agree that the report is or could be wrong, the evidence of your statement as set forth in the report (technically, the officer’s testimony about that statement) can be used against you.