Tennessee Injury Law Center

December 12, 2010

Is There A Time Limit on Filing A Motion in Limine in Tennessee?

Does Tennessee have a deadline for filing motions in limine?

"Motions in limine" are papers filed with the court asking the court to reach a pre-trial ruling on certain matters, usually evidence issues. For example, if I am representing a person who was convicted of a crime 15 years ago and now has a trial in a car wreck case I will probably file a motion in limine asking the court not to let our opponent mention the prior criminal conviction. This motion in limine gives the judge the opportunity to rule on the issue before the jury has any chance of hearing about it.

The judge does not have to reach a decision on any motion in limine before trial.

December 12, 2010

How Many Requests For Production Can Be Served in Tennessee?

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

I am in a lawsuit in Tennessee. The other side has served a set of request for production of documents. There are 60 different requests. Do I have to turn over all of this stuff? Is there no limit to the number of requests for production?

Your lawyer will be able to tell you what you have to turn over and what you do not, but generally speaking there is no limit to the number of requests for production of documents. Many local rules of court limit the number of interrogatories that can be served, and it is possible that local rules may limit the number of requests for production, but I do not ever remember seeing a limit on requests.

Absent a numerical limit, the only limitation on requests for production of documents is that they must seek relevant evidence or information reasonably calculated to lead to the discovery of admissible evidence and cannot seek information deemed "priviliged" under the law. Once again, your lawyer will review each request with that standard in mind, and will object when appropriate.

December 11, 2010

How Long Do Depositions Last?

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

I am in a car wreck lawsuit. Depositions are happening next week. How long do depositions last?

It depends on many factors. There is no time limit on depositions in state court in Tennessee.

The length of a deposition depends on the complexity of the case, the complexity of the injuries, the medical history of the plaintiff, the personality of the examining lawyer and many other factors.

December 10, 2010

How Many Tennessee Personal Injury Cases Go Into Discovery?

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

I was hurt in a Tennessee car wreck. I really don’t want to go to court but the one-year filing deadline for personal injury claims is coming up and I need to file my lawsuit. However, I don’t want to go through the discovery process. How often do cases settle without any discovery?

It is impossible for me to know the answer to that question. Many cases resolve before a lawsuit is filed. Many others are also resolved after a lawsuit is filed but before trial. Unless active negotiations are underway in your case at the time you file suit and you are filing suit solely for the purposes of filing before the deadline but with a goal of getting the case resolved (and the insurance company has the main mindset) it is reasonable to assume that discovery will happen.

Remember, you can settle your case (assuming the insurance company also wants to settle) and avoid litigation, including discovery. If the insurance company wants to settle and you want it to settle, it will settle – just not at the dollar value it should settle. By that I mean that if your case has any merit whatsoever you can almost always settle it for less than the true value of the case.

December 9, 2010

How Do You Determine Who Is At Fault in A Wreck?

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

I was in an intersection wreck. I say it was the other guy’s fault. He says it was my fault. Who decides who was at fault?

If a lawsuit is filed a jury usually decides who is at fault (unless a jury is not requested by either party to the case, in which event a judge decides). The jury will listen to your side of the story, the other driver’s side of the story, the testimony of any witness, and review any physical evidence at the scene. Sometimes expert witnesses are hired to explain what happened.

At the end of the day the jury considers all of the evidence, hears the law explained by the judge and uses common sense to decide who probably caused the wreck. Under our system of justice, the person who files a lawsuit only needs to prove that more likely than not the other driver caused the wreck. If the person who files the case is unable to prove that the other driver more likely than not caused the wreck the case will be lost.

December 8, 2010

How Much Are Expert Witness Fees?

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

How much do expert witnesses charge?

It depends on the type of expert. Most experts charge by the hour. I have paid as little as $50 per hour to hire a mechanic to serve as an expert witness. Some neurosurgeons charge $2000 per hour for a video deposition to testify about their care for a patient. I have never heard about anyone charging more than $2000 per hour but I guess it is possible.

December 7, 2010

Suing the State of Tennessee

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

I was injured by the negligence of a state of Tennessee employee. Can I sue the employee or the State?

The State will be responsible for the employee’s negligence under two conditions. First, the employee must have been acting in the course and scope of his or her employment at the time of the negligent act or omission. Second, the State must have given permission to have been sued in the particular type of circumstance where the negligence has occurred.

That last condition is a little confusing. The State cannot be sued without permission, but it has given permission in advance to be sued for a number of types of cases. For instance, if a state employee runs a red light and causes a traffic wreck while on the business of the State the State has given permission to be sued. There are a laundry-list of other circumstances in which the State has given permission to be sued.

December 7, 2010

What Are The Odds of a Patient Winning A Medical Malpractice Case at Trial?

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

I have a medical malpractice case. The doctor’s insurance company has refused to settle the case. What are the odds that I will prevail at trial?

Health care providers generally win medical malpractice cases that are tried to a jury. That does not mean that your case is likely to be lost – each case depends on its facts and,many other factors.

That being said, for the year ended June 30, 2009 there were 26 medical malpractice cases tried in Tennessee. the data is not available, but based on past experience only 5 or 6 of those cases were won by the patient. Stated differently, the win-rate for patients is less than 25% for cases that go to trial.

December 6, 2010

What Are My Responsibilities As A Personal Injury Plaintiff?

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

I am thinking about filing a personal injury case. What are my responsibilities to my lawyer?

The lawyer / client relationship is a special one and, just like a lawyer has certain obligations to the client, a client must do certain things to assist the lawyer in the representation. We expect the following of our clients:

You have an obligation to tell your lawyer the truth.
You have an obligation to tell your lawyer the truth even if you think it will hurt your case or the truth embarrasses you.
You have an obligation to truthfully testify at trial and in depositions.
You have an obligation to truthfully answer interrogatories.
You have an obligation to produce documents and other items in your possession that your lawyer asks you to produce.
You have an obligation to timely respond to your lawyer’s requests for information.
You have an obligation to let your lawyer know of changes in your medical condition.
You have an obligation to let your lawyer know if you move or you change your phone number.
You have an obligation to tell your lawyer if you are injured in another incident.
You have an obligation to tell your lawyer if you are arrested or get a traffic ticket.
You have an obligation to tell your lawyer if you are contemplating filing for bankruptcy.
You have an obligation to listen to and carefully consider your lawyer’s advice. You are not required to take the advice, but you should listen carefully to the advice and the potential impact to your case if you do not take the advice.

Filing a lawsuit is a serious endeavor and you should not take it lightly. While a lawyer will do the vast, vast majority of the work on your case, there are certain things only you can do and other things that the lawyer (and the legal system) have a right to expect of you.

December 4, 2010

Can I Tell From How Much Insurance Someone Has By Knowing What Type of Car They Have?

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

I was in a car wreck and was hurt bad. The other driver was driving a new car. I have been talking with the insurance company for the other driver. I asked how much insurance was on the car and the insurance adjuster would not tell me. I guess the other driver has lots of insurance because she was driving a new car, right?

Maybe. There is no way to know for sure how much insurance someone has just by looking at the type of car they are driving. It is reasonable to assume that a person who has a new car has enough money to purchase a responsible amount of liability insurance, but some people spend all of their money on their car and buy the minimum insurance they are required to have in Tennessee – $25,000 per person, $50,000 per accident.

Because Tennessee has no formal way of insisting that insurance companies reveal how much insurance coverage they have until after a judgment is obtained, I often look at the type of car, the at-fault driver’s home, the at-fault driver’s job and other factors to make an educated guess about how much insurance is available. Sometimes my guess is right, sometimes my guess is wrong. At the end of the day, however, if my client has a case that is worth more than the offer the insurance company has given and has represented that no more insurance is available, I insist (with my client’s permission) that the insurance company prove that the at-fault driver has no more insurance applicable to the claim. The is accomplished by requiring a copy of the declarations page for the insurance policy and an affidavit from the insured stating that no additional insurance is available.