Tennessee Injury Law Center

March 3, 2011

What Are Punitive Damages?

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.

February 18, 2011

Liability for a Dog Bite

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

I live in the country in Tennessee. My dog runs loose. The dog bit a neighbor kid over at his house about 700 feet down the road. The dog never bit anyone before. Am I responsible for what my dog did? I thought every dog got one free bite?

A dog’s owner used to be able to avoid responsibility for a dog bite if he did not know the dangerous propensities of the dog, but that is no longer the law if the bite occurs off the dog owner’s property. Subject to several exceptions, if you let your dog run at large, you are responsible for injuries caused by your dog even if you had no reason to believe the dog was dangerous.

You report the bite to your homeowner’s insurance as soon as possible. Your homeowner’s insurance policy may provide you with some protection in the event you are asked to pay medical bills or get sued by the neighbor.

February 17, 2011

What Damages Can A Parent Recover in a Personal Injury Case for a Minor Child?

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

My son was bit by a neighbor’s dog. What rights do I have in a lawsuit against the dog owner?

You have the right to recover medical expenses that you paid or were paid by your insurance company. (You almost certainly have to repay your health insurance company out of the settlement or judgment.) You can also recover damages for loss of services of your child.

Under Tennessee law, you cannot recover damages loss of the relationship between you and your child because of the injuries or for your emotional distress at seeing your child deal with his injuries.

February 17, 2011

Can A Parent of an Adult Child File a Personal Injury Case for the Adult Child?

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

My 22-year old son was hurt in a car wreck. Can I file a lawsuit for him?

No, unless he is so severely injured or suffers from some type of disability that he is deemed incompetent. If he is incompetent, there are formal proceedings which must be filed to have him declared incompetent in the eyes of the law. If that happens, a conservator will be appointed and he or she will have the power to file or defend a lawsuit. If you are appointed the conservator, you would have that right.

However, if your son is competent, he is the only one who can file suit on his behalf. You can help him find a lawyer and can give him assistance in preparing the case, but the decision to file and the right to file is his and his alone.

February 15, 2011

Can I Bring A Lawsuit For My Daughter?

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

My 10-year old daughter was hurt in a car wreck. Her dad and I are divorced. Can I file a lawsuit on her behalf?

Yes, if you are the custodial parent you are permitted to bring a lawsuit on your daughter’s behalf. If you are not the custodial parent the appropriate person to bring the lawsuit is your daughter’s father ( I assume that he is the custodial parent).

Even if you are the custodial parent and have the right to file suit, you should work with the child’s father and try to maintain a united front in the litigation.