Tennessee Injury Law Center

January 14, 2011

How Much Money Can You Ask For in a Lawsuit?

I was hurt in a personal injury case. I have hired a lawyer and he has filed a lawsuit for me. How much money can I ask for?

You have asked a question that is impossible to answer with the information you have given. What were your injuries? What were your medical bills? Are you likely to have future medical bills as a result of your injuries? Did you lose any income as a result of your injuries? Do your injuries impact your future earning capacity? How have the injuries affected your ability to enjoy your life?

There are many more questions that have to be answered. Here are just a few. How old are you? Do you have any other medical conditions that affect the quality or length of your life? What was your level of physical activity before you injury? Where did the injury happen? Where will your case be tried? How did you get injured? Who caused your injuries? Who is the adverse lawyer?

January 13, 2011

Can I Sue The Other Driver’s Insurance Company?

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

I live in Tennessee and was hurt two weeks ago in a wreck in Murfreesboro, TN. The wreck was not my fault. My medical bills are $7000 but I still am being treated by my doctor and may need to have an operation on my shoulder. I was hurt in a wreck when I used to live in Wisconsin and sued the insurance company to recover my medical expenses and other damages. Can I do that in Tennessee?

Not really. Wisconsin and at least one other state have laws that permit an injured person to directly sue the liability insurance company of the at-fault driver. Tennessee is not one of those states.

In Tennessee, if you are unable to reach a settlement in the case you have to sue the at-fault driver. The at-fault driver’s insurance company will hire a lawyer to defend the driver and, if you prove your case, will pay the amount your damages up to the amount of the insurance coverage the driver purchased.

January 10, 2011

Why Do I Need Uninsured Motorist Insurance Coverage?

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

I live in Tennessee and I understand state law requires that everyone who owns a car or truck have liability insurance coverage on the vehicle. Why should I spend money to purchase uninsured motorist insurance coverage if everyone already has liabilty insurance?

Because (a) some people don’t follow the law; (b) some people buy liability insurance coverage but do not purchase an amount that will protect you from losses you sustain in a car or truck wreck; and (c) you may get hit by a hit-and-run driver (and unisured motorist coverage gives you some protection in such cases).

Despite the law that mandates insurance coverage, 20% of the people in Tennessee have no insurance on their vehicle. That means that 1/5th of the people you meet on the highway have virtually no way of meeting their financial obligation to you if they cause an accident and you are hurt. You need uninsured motorist coverage to protect you from that risk.

January 4, 2011

Can A Parent Sue Another Parent For Injuring Their Child

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

My former spouse was driving our child to school, ran a red light, and was in a wreck. Our child was seriously injured. Can I help my son file a lawsuit against his father to collect money for the injuries received in the wreck?

Yes, under Tennessee law a child can sue a parent for injuries that arise out of an auto wreck. You, as a parent, would have to file suit on behalf of your son because a minor cannot bring a lawsuit on his own behalf. (Alternatively, the court could appoint a guardian to file suit on behalf of your son.)

The problem is that most auto liability insurance policies in Tennessee do not provide insurance coverage for injuries caused to family members. Thus, if you and your son can prove that his dad caused the wreck you would have to collect any judgment you receive out of the father’s assets and future income.

January 3, 2011

My Lawyer Wants Me to Talk to Her Paralegal

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

I have a pending personal injury case. My lawyer is often on the phone when I call and my call is forwarded to her paralegal. I don’t want to talk to the paralegal – I want to talk to my lawyer. The paralegal is helpful and can usually my question, but I would rather speak to the person I hired. What should I do?

You didn’t hire a lawyer, you hired a law firm. In our firm a team of people works together to help every client. The paralegal is an important part of the team.

Our law firm’s paralegals are very involved in the case. They help us communicate with clients and do many other important tasks.

January 2, 2011

How Do I Make A Medical Malpractice Claim in Tennessee?

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

I believe that I was injured as a result of the negligence of a nurse in a Nashville hospital. How do I make a medical malpractice claim?

The first thing you do is contact a lawyer who has substantial experience in medical malpractice cases and who represents patients, not health care providers. Read here for more information about hiring a lawyer.

From the factual summary you give, that lawyer will determine whether he can investigate your case. The investigation has several components, starting with gathering, organizing and reviewing the medical records that are relevant to your claim.

December 31, 2010

What Should I Wear to Court?

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

I have a trial in two weeks in Nashville. What should I wear to court? It is a jury trial.

That always depends on the type of case being heard by the jury. We generally advise our clients tost to dress in such a way to show respect for the court. This usually means a suit or coat and tie. For women, a conservative dress or skirt and blouse is appropriate. Shoes should be clean, polished and conservative.

In some Tennessee counties it is appropriate to wear slacks or pants and a clean, pressed shirt. Jeans, shorts, tank tops, t-shirts and sandals should never be worn to court. Also, you should not wear any clothes that would be considered "flashy."

December 30, 2010

Speaking to the Jury

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

Am I permitted to talk to the jury during my trial?

No. You should avoid talking with the jury at any other time, even if you meet a member of the jury in the hallway or restroom. No one can speak directly with the jury except the judge;s court officer.

Of course, the jury will hear you testify. But you should avoid any other contact with the jury whatsoever. The jury will be told by the judge that they cannot talk with any lawyer or witness in the case, and therefore the jury will not hold it against you if you follow the judge’s instructions.

December 29, 2010

Eating and Drinking in Court

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

I have a trial that starts in two weeks. Will I be able to eat and drink in the courtroom?

No. You will be able to have water when you testify on the witness stand, but otherwise eating and drinking are not permitted in the courtroom when court is in session. There is usually a morning, lunch and afternoon break, so it is highly unlikely that you will go more than 2 hours without the opportunity to eat, get a drink, or use the restroom.

December 27, 2010

Truck and Bus Drivers

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

Do truck and bus drivers have more responsibilities than drivers of cars?

Yes. Truck and bus drivers are required to live up to the same standards and laws as every other driver on the road., but there are special safety laws that also cover most commercial drivers.

First, to prevent drivers from driving so long that they become dangerously tired, the law sets maximum hours they are allowed to work before taking a break. Truck drivers cannot drive more than eleven hours in one shift without stopping to take a break. Also, no matter how much time they spend behind the wheel, a truck driver has to stop and take a break within fourteen hours of the time the driver first clocks in to work for a shift. A break has to be ten hours in a row completely off duty. It does not matter if a truck driver works for two or three different companies; to comply with the law, the truck river must take a ten hour break from any and all jobs.