Tennessee Injury Law Center

January 20, 2011

What is the Deadline for Filing a Medical Malpractice Case in Tennessee?

What is the deadline for filing a medical malpractice case in Tennessee?

The short answer to this question is one year plus one hundred-twenty days. But the issue is really more complicated than that.

Generally, medical malpractice cases must be initiated within one year of the incident which causes the injury. For example, if a doctor performs surgery on the wrong arm of the patient, the patient will have one year from the date of the surgery to initiate a claim. A new Tennessee law requires that medical providers be given 60 days advance notice in the proper form before being sued for medical malpractice. The notice must be given before the expiration of the time limit for initiating the claim, so generally within one year. If proper notice is given, the deadline for filing the lawsuit is then automatically extended by 120 days.

January 19, 2011

What Percentage of Medical Malpractice Cases that Go to Trial Are Won by the Patient?

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

What percentage of medical malpractice cases that go to trial in Tennessee are won by the patient?

About eighteen to twenty percent of cases that are tried are won by the patient. The rest are won by the health care provider.

This makes it sounds like the rest of the cases are frivolous. They are not. In the other cases there can be a legitimate basis for disagreeing on the issues in the case, and in our society those disagreements are resolved by juries. In the cases that are lost there is always at least one licensed health care professional who has testified that the defendant health care professional committed one or more negligent acts. To be sure, the defendant and his or her experts disagree with that, but it is that disagreement that is resolved by a jury.

January 18, 2011

What Happens After Depositions Are Taken In a Personal Injury Case?

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

I was hurt in a car wreck case and filed a lawsuit. My deposition was taken two months ago and I haven’t heard anything about my case since then. What’s going on?

You should call your lawyer and ask. What is probably going on is that the lawyer is gathering other information to prepare your case for trial or make a settlement demand. But, feel free to call or email your lawyer and ask (a) what has happened in the last two months and (b) what is the plan for moving the case toward settlement or trial.

January 17, 2011

What Happens If I Lose An Amount at Trial Greater Than My Insurance Coverage?

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

I caused a car wreck and the other party was hurt. I really don’t know how badly she was hurt but her medical bills are $40,000. The case goes to trial in about 3 weeks. My lawyer, who was hired by my insurance company, says that the case will probably go to trial because the person who got hurt wants $125,000 to settle the case and the insurance company has only offered $80,000. I only have $100,000 of insurance for this wreck. What happens if the case goes to trial and the jury awards the lady who got hurt more than $100,000?

If the jury awards, say, $120,000 your insurance company will have to pay $100,000 and you will have the responsibility of paying the last $20,000.

When you are sued for more than your insurance policy limits you should typically seek the input of a private lawyer to help you make sure that your insurance company is treating you fairly. Your company has a duty to fairly evaluate claims against you to protect you from an excess judgment. I do not have enough information to say if your insurance company is treating you fairly in this case but I would suggest that you seek the advice of a competent lawyer as soon as possible.

January 16, 2011

What Is the Status of the DePuy Hip Implant Litigation?

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

I have a DePuy hip implant that has been recalled. What is going on with the litigation?

Our firm is actively involved in these cases. We have filed seven cases and are evaluating several more. Our cases were originally filed in federal court in Nashville. The federal courts have determined that justice is best-served if all cases in the nation that are filed in federal court are temporarily managed in one federal court. Therefore, all of the cases have been transferred to a federal judge in Ohio for pretrial proceedings.

The federal judge is in the process of appointing which lawyers will actively manage all of the cases for the patients. As soon as that decision is made (and that could happen any day now) the litigation will be actively moving forward.

January 14, 2011

How Much Money Can You Ask For in a Lawsuit?

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

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.