Tennessee Injury Law Center

March 16, 2011

How Much Time Do I Have to File A Lawsuit Against The Federal Government?

I believe that I was a victim of medical malpractice in the VA hospital in Nashville. How much time do I have to file a medical malpractice claim against the VA?

You cannot file suit without first filing a claim. Generally, the claim must be filed in writing using the appropriate forms and paperwork within two years of the time after the accident or injury. The claim must be filed with the appropriate federal agency.

The government then has six months to evaluate the claim. It may try to settle the case, or it may deny the claim. When the government denies a claim the claimant then has a right to file suit in federal court. If the government does not deny or settle the claim within six months you can deem the claim denied and file suit in federal court.

March 14, 2011

Injured at Work

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

I work in a small plant in Middle Tennessee. I hurt my back at work. What are my rights?

If you got hurt while you were working you have a right to have your medical care paid for by your employer. The employer or its worker’s compensation insurance company has a list of doctors that you are permitted to see at the employer’s expense.

To the extent that the injury causes you to miss work you have the right to be paid (at a discounted amount and after a waiting period) money for your lost wages. If you have a permanent injury that causes a disability you have a right to payment for a permanent disability.

March 11, 2011

What Does It Mean When You Have Uninsured Motorist Insurance Policy Limits of $100,000 / $300,000?

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

I live in Tennessee. I was in a car wreck in Nashville 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 $100,000 / $300,000. 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 $100,000 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 $300,000 to all of the persons in your vehicle who were injured and covered under the policy but no more than $100,000 for any one person.

Note that each person who is injured does not automatically get $100,000 – they must demonstrate amount of their damages and can recover up to $100,000 each.

March 10, 2011

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

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

I was in a car wreck yesterday. It was probably my fault. I looked at my automobile liability insurance policy and it says that I have liability limits of $250,000 / $500,000. What does that mean?

It means that for any one car wreck that is your fault your insurance company will pay a person injured in the wreck up to $250,000 in losses and damages they suffer. If more than one person is injured in the wreck, the company will pay, on your behalf, up to $500,000 but no more than $250,000 for any one person.

So, if one person was hurt in the wreck, the insurer will pay no more than $250,000 in damages. If two people were hurt, the insurer will pay up to $500,000, but no more than $250,000 per person. If three people were hurt, the insurer will pay up to $500,000, but no more than $250,000 per 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.

March 10, 2011

Do Tennessee Lawyers Have to Carry Malpractice Insurance?

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

Do lawyers in Tennessee have to purchase legal malpractice insurance?

No. There is no requirement that lawyers in Tennessee have legal malpractice insurance.

However, responsible lawyers purchase malpractice insurance to protect their clients from losing money in the event that the lawyer makes an error. Lawyers are human (believe it or not!) and, like anyone else, they make errors. Most of those errors do not result in any demonstrable loss to their clients, but from time to time losses occur. In those cases, malpractice insurance is there to protect the client from financial harm.

March 8, 2011

Can I Make Someone Be A Witness In My Case?

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

I was hurt in a car wreck. There is a witness listed on the accident report but he won’t talk to me. I need his help. Can I make someone testify?

You cannot make anyone speak to you. If a lawsuit is filed, you can serve a subpoena on a person who has or allegedly has knowledge about a case. A subpoena is a document issued by a court that requires someone to appear at a stated location and give testimony. A person can be subpoenaed to give testimony for a deposition, hearing or trial.

The mere fact that a person can be commanded to attend a deposition, hearing or trial does not necessarily mean that they will tell the truth about what they observed or know or that they will cooperate. In other words, a subpoena can be used to force someone to show up, but it does not force them to give truthful testimony.

March 6, 2011

Can I Sue the Federal Government?

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

I was in a car wreck caused by a driver who was driving a car owned by the Department of Defense. The other driver told me that she was going to a business meeting in Nashville. The wreck occurred on Interstate 40 near Mt. Juliet. Can I sue the federal government and recover damages for the injuries I received?

Yes, although there is a special law that governs the rights of people to sue the federal government for the acts and omissions of its employees. Tennessee rules of evidence and procedure do not apply to these cases, although the Tennessee driving laws will apply.

The special law that governs the process for this type of case is called the Federal Tort Claims Act ("FTCA"). The FTCA became law in 1946 and is the mechanism for compensating people injured by the negligence of federal employees. The appropriate federal agency must be given notice of the claim on an approved form and, if the case is not settled, the case must be filed in federal court. The trial is a non-jury trial.

March 4, 2011

Am I Going to Get $1,000,000 At Trial?

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

I was hurt in a car wreck and I think I have a really good case. I think I should get $1,000,000 – it seems like people get that much and more and they aren’t hurt as bad as I am. Will I get $1,000,000 in my case?

There is no way that I can answer that without having a whole lot more information that you have shared to date.

Million dollar verdicts are rarer than you might think. When they occur, they tend to hit the newspaper, but the statistics tell us they are quite rare in Tennessee.

March 3, 2011

What Are Punitive Damages?

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

What are punitive damages? How frequently are they awarded in Tennessee?

Punitive damages are awarded only in cases where the defendant acted intentionally, knowingly, maliciously, or recklessly. Punitive damages are designed to punish the wrongdoer and deter both the wrongdoer and others from similar conduct in the future.

In Tennessee one must prove they are entitled to punitive damages by "clear and convincing" evidence. This is a higher burden than applies in the typical civil case, where liability and damages must be proved by only preponderance of the evidence.

March 3, 2011

Will My Case Go To Trial?

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

Will my case actually go to trial? I have a car wreck case and my lawyer says it will probably settle.

Statistically speaking , your case is very likely to be settled. Well over 95% of cases are settled, especially car wreck cases.

Cases settle because the litigation process includes an exchange of information that will permit each side to evaluate the other side’s case.