Tennessee Injury Law Center

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.

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.

I have a personal injury case going to trial.  My lawyer says that my medical doctor cannot be forced to come to a trial and that we have to introduce her testimony via a deposition.  I think she will make a good witness and I want her there.  Can’t we just issue a subpoena and force her to come to trial?

Under Tennessee law, you can issue a subpoena for a doctor but she has to invoke a special law that gives doctors an exemption from subpoena to court.   The judge has the power to say that the law giving the exemption should not apply in your case, but that is very unlikely based on the facts that you have stated.

One way to enhance the doctor’s deposition is to take it via video.   The video is then shown to the jury and they will have an easier way to judge the doctor’s credibility.

How many cases does the Tennessee Supreme Court hear per year?

Here is the data for the fiscal year ending June 20, 2009, the last year available as of the date of this writing.

First, the Tennessee Supreme Court has to decide only certain types of cases.  It was  asked to hear about 825 cases during the fiscal year.  It decided to hear about 56 cases.   Trying to decide what cases should be reviewed takes a lot of work.  Each judge must review the written papers filed in support of the request for hearing (and the papers of the opponent which argue that the case should not be heard) to decide whether the case should advance to the Court.  At least 2 of the 5 judges must agree that the case should be heard.

I received a back injury at work.  I told my employer about it, told him I needed to see a doctor and he fired me on the spot.   What are my rights?

You have a right to receive medical treatment for you back injury.  To the extent that miss work you have a right to receive "temporary total disability" payments until you are released by your doctor to go back to work.  You also have a right to another payment for "permanent partial disability" if you have a long-term problem as a result of your injury.  The fact that your employer fired you will impact the amount of a permanent partial disability payment you are eligible to receive if you have a long-term injury.

You will need the help of an experienced worker’s compensation lawyer to help you with this problem.  Feel free to contact our office at 615.742.4880.  We will be happy to discuss this matter with you and help you if we can.   There is no charge for an initial consultation, and if we are able to help you we will accept your case on a contingent fee.