Tennessee Injury Law Center

December 19, 2010

DePuy ASR Hip Deadline

My hip replacement, a DePuy ASR, has been recalled? I had my surgery in Nashville 3 years ago and it has given me a lot of trouble. What is my deadline for taking legal action?

You have what is known as a product liability claim, and under Tennessee law you have one year from the date you discover or reasonably should discover that you have a problem related to a defective hip. Exactly when your rights expire depends on when you knew or should have known of the condition, but certainly it is no later than one year after you received the recall letter.

Failure to take appropriate legal action within the period required by law will result in a loss of your rights.

December 17, 2010

Hurt and the Job and Then Fired

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

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.

December 15, 2010

Can I Sue the Bar Where I Got Beat Up?

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

I was in a bar minding my own business when some idiot wanted to start a fight. I ignored him for a while but then went to the bar and told the bartender that they needed to throw the drunken idiot out before someone got hurt. When I went to the bathroom about an hour later the same guy and his friend jumped me and beat me up. The idiots who hit me are going to jail but can I sue the bar where this happened? My medical bills are more than $50,000 and I missed three months of work.

You may well have a claim against the bar. You have to prove that the bar had notice of the dangerous propensities of the customer who hit you and failed to take reasonable steps to protect you and the other patrons.

An experienced lawyer will need to investigate this matter before he or she can tell you whether you have a good case.

December 14, 2010

How Much Liability Insurance Should I Have on My Vehicle?

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

How much liability insurance coverage should I have on my vehicle?

Answer: The amount of coverage you should have should depend on your assets and on your ability to pay. You must have at least $25,000 per person, $50,000 per accident. Most people who have a household income over $50,000 per year should have $100,000 per person, $300,000 per accident. If your household income exceeds $100,000 per year, you should have even more insurance, such as $250,000 per person, $500,000 per accident or even more. Ask your agent to quote you the rate on several different liability insurance policy limits – you will be surprised to see how inexpensive the “extra” insurance coverage is.

People who have significant assets should have high liability insurance limits and should also have an “umbrella” or “excess” insurance policy to give them even more protection from if they make a mistake and harm another person. Many wealthy individuals (people with a net worth of over $300,000 or an income of over $150,000 per year) have several million dollars worth of liability insurance.

December 13, 2010

Time Limit for Filing a Wrongful Death Lawsuit in Tennessee

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

My wife was hurt in a car wreck in Tennessee +on December 15, 2009 and died in the hospital on January 21, 2010. What is my deadline for filing a lawsuit against the driver who caused the wreck?

Unless a lawyer familiar with all of the facts advises you to the contrary, you should assume that you must file suit against the responsible parties before the one-year anniversary of the wreck.

In some states the date of death triggers the start of the time period to take legal action. That is usually not so in Tennessee. Thus, to be safe work under the assumption that the one-year period starts to run from the date of the original injury that later resulted in death.

December 12, 2010

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

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

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.