Tennessee Injury Law Center

March 10, 2011

Do Tennessee Lawyers Have to Carry Malpractice Insurance?

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.

March 1, 2011

What Does It Mean When You Have Liability Insurance Policy Limits of $300,000?

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 $300,000. 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 $300,000 in losses and damages they suffer. This is true whether one person is injured or five people are injured: the most the insurance company will pay is $300,000.

To the extent that a person injured in the wreck has claim worth more than $300,000 you are personally responsible for the amount of damages over $300,000 if the wreck was your fault. Likewise, if more than one person is injured and the total damages caused by your negligence exceeds $300,000, you are personally responsible for the amounts over $300,000.

February 23, 2011

No Lawyer Will Take My Case

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

I believe that I am a victim of malpractice by a doctor, but no lawyer will take my case. Why not?

There are several possibilities.

First, there are relatively few lawyers in the state that represent medical malpractice victims. In fact, my guess is that far less than one percent of lawyers regularly handle medical malpractice cases for patients. Therefore, you may be asking the wrong lawyers.

February 22, 2011

I Think I Am Under Surveillance

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

I have a pending personal injury claim from a wreck with a truck. I think someone is following me around and photographing or videoing my activities. Can insurance companies do that?

Yes, within certain limits. It is not uncommon for insurance companies to use surveillance to determine what task you can perform. The private investigators look to "catch" you performing sports activities, yard work and other physical labor that they say is inconsistent with the limitations and physical injuries you are claiming in litigation.

This is something that you need to discuss with your lawyer as soon as possible.

February 21, 2011

What Does It Mean When You Have Liability Insurance Policy Limits of $25,000 / $50,000?

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 $25,000 / $50,000. 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 $25,000 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 $50,000 but no more than $25,000 for any one person.

So, if one person was hurt in the wreck, the insurer will pay no more than $25,000 in damages. If two people were hurt, the insurer will pay up to $50,000, but no more than $25,000 per person. If three people were hurt, the insurer will pay up to $50,000, but no more than $25,000 per person. Note that each person who is injured does not automatically get $25,000 – they must demonstrate amount of their damages and can recover up to $25,000 each.