Tennessee Injury Law Center

December 2, 2010

Is There A Cap on Damages In Tennessee?

Some states place a cap on damages in personal injury and wrongful death cases. Does Tennessee?

No, with a couple of exceptions. At the present time, Tennessee does not cap damages in any type of personal injury or wrongful death cases except cases filed against state and local governmental entites. There are no caps against people or non-governmental entites.

The amount of damages in any case is determined by a judge or, if a jury is requested, a jury. If a jury is requested, the judge reviews the jury’s decision after the trial and can lower or increase the amount of damages. Damages are rarely increased.

December 1, 2010

How Do I Collect Money Against Someone Who Does Not Have Insurance?

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

I was beat-up by a guy and incurred $10,000 in medical bills and missed two weeks from work. I want to sue him but I cannot find a lawyer to help me. They all want to know if the guy that beat me up has any money and when I tell them I don’t think so the lawyers lose interest. How can I get money out of this guy?

You are probably trying to hire a lawyer on a contingent fee. If a contingent-fee lawyer thinks a case is weak or that any damages won are not going to be collected he or she will not take the case because, like everyone else, lawyers like to get paid for their work.

You have two options. You can hire a lawyer by the hour to sue the guy that hurt you. Or, you can find a new lawyer (one recently out of school) who would be more likely to take a case where he or she is not likely to get paid. You may have to front the filing fee and other out-of-pocket expenses.

November 30, 2010

How Does A Case Go on Appeal?

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

I just had a trial in my case and I lost – the jury ruled against me. The jury was wrong and I want to appeal all the way to the United States Supreme Court. I can, right?

If a plaintiff or a defendant has a complaint about the way the trial was conducted or the end result of the trial or the judge’s ruling on post-trial motions, he or she can appeal. In Tennessee, the first appeal is to the Tennessee Court of Appeals.

The Court of Appeals does not hear from witnesses. Rather, it looks at the transcript of the testimony given in the trial court, reviews the exhibits, and determines whether there were any errors than mandate a different result than reached in the trial court. The Court of Appeals can affirm the result reached in the trial court, order a new trial, and sometimes it can outright dismiss a case won by a plaintiff in the trial court. It is extremely difficult to convince an appellate court to reverse a jury verdict by arguing only that they jury made the wrong decision. In Tennessee, the appellate court will reach the same result as the jury if there is any material evidence supporting what the jury did. The appellate court will not re-weigh the evidence – it just looks to see if there is any material evidence that supports the verdict. If asked, the appellate court will also look at alleged errors of law.

November 29, 2010

My Lawyer Says I Should Settle My Case. I Don’t Want To.

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

I was in a car wreck case. My lawyer says that I should settle and I don’t want to – I think I should get more money. What should I do?

First, lawyers can’t give legal advice to a person already represented by another lawyer. Therefore, neither I nor any responsible lawyer can give you that kind of advice without getting your lawyer’s written permission to speak with you and without knowing a lot more information.

Second, I assume that you did adequate research before you hired the lawyer you have and considered the type of factors contained in our Legal Guide, "Understanding How to Hire a Lawyer in a Personal Injury and Wrongful Death Cases." Thus, you obviously had trust in this lawyer’s ability and judgment when you hired him or her. Therefore, you have an obligation to listen to and carefully consider your lawyer’s advice. You are not required to take the lawyer’s advice, but you should listen carefully to the advice and the potential impact to your case if you do not take the advice.

November 27, 2010

What is the Statute of Repose in Medical Malpractice Cases?

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

I gave birth to my son two and one-half years ago in a Tennessee hospital. The delivery was very traumatic. My son was blue when he was born. He was resuscitated but spent months in NICU. He is very far behind developmentally and now I have been told that he suffered a brain injury during delivery from lack of oxygen. Is it too late to have a lawyer investigate to see whether my son has a malpractice case?

No, but your son’s deadline is approaching very fast. Under current law if your son was injured by negligence during his birth appropriate legal action against the health care providers who caused the injury within three years of the date of the negligence. The first step in this process is giving formal notice of the claim to the responsible health care providers. Do not attempt to do this on your own – it is more complicated than sending a letter or calling the providers on the phone. You will need the help of a lawyer to get this done.

More importantly, you need the help of a lawyer to investigate this matter. Investigating birth-injury cases is a time-consuming effort, and thus I urge you to contact a competent lawyer as soon as possible.

November 26, 2010

Will My Case Settle?

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

I was hurt in a car wreck and have filed a lawsuit. I am scared to death about going to trial. Will there be a trial or will my case be settled?

Now days, most cases do not go to trial.

These statistics will give you an idea of how many cases are actually tried. In the one-year period ending June 30, 2009, there were about 11,000 lawsuits filed involving all types of personal injury and wrongful death in the state of Tennessee. (Many other cases were settled before a lawsuit was even filed; those numbers are not publicly available.) However, there were only 260 jury trials and 348 non-jury trials in personal injury and wrongful death cases during that same period. These statistics are about the same from year to year, and thus it is fair to say that only about 5% percent of personal injury and wrongful death cases in which lawsuits are filed actually go to trial.

November 24, 2010

What Does It Mean When You Have Liability Insurance Policy Limits of $100,000 / $300,000

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

I was in a car wreck yesterday. It was probably my fault. I looked at my automobile liability insurance policy and it says that I have liability limits of $100,000 / $300,000. What does that mean?

It means that for any one car wreck that is your fault your insurance company will pay a person injured in the wreck up to $100,000 in losses and damages they suffer. If more than one person is injured in the wreck, the company will pay, on your behalf, up to $300,000 but no more than $100,000 for any one person.

So, if one person was hurt in the wreck, the insurer will pay no more than $100,000 in damages. If two people were hurt, the insurer will pay up to $200,000, but no more than $100,000 per person. If three people were hurt, the insurer will pay up to $300,000, but no more than $100,000 per person. Note that each person who is injured does not automatically get $100,000 – they must demonstrate amount of their damages and can recover up to $100,000 each.

November 24, 2010

Thanksgiving Day Car and Truck Wrecks

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

Be especially careful when you drive this holiday weekend. People will be rushing from house to house to participate in Thanksgiving activities and all too many of them will be under the influence of alcohol. The cars will be filled with children, which increases the likelihood that the driver of the car can be distracted.

Have safe travels during this Thanksgiving holiday.

November 23, 2010

Can A Medical Malpractice Plaintiff Recover Attorney’s Fees From The Health Care Provider?

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

I am a doctor. I have been sued in a medical malpractice case. My patient has asked for payment of her lawyer’s fees? Am I responsible for her lawyer bills?

Under current law you are not liable for the fees of her lawyer absent extremely unusual circumstances, even if you lose the lawsuit. Similarly, if she loses the lawsuit she is not liable for your lawyer fees.

The only risk you have of paying your adversary’s fees in a medical malpractice case is if you assert a frivolous defense or do not participate in the discovery process in good faith. The discovery process is the phase of the litigation during which each side finds out about the other side’s claims and defenses. The various methods of gaining this information are often referred to as tools of discovery or simply “Discovery.” These methods include depositions, interrogatories, requests for production, medical evaluations, requests for admissions, and subpoenas. Read more here.

November 22, 2010

Can An Attorney Charge For Travel Time?

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

I have hired a lawyer to represent me in a lawsuit. Can she charge me for time she travels while working on my case?

It depends on the fee agreement the two of you entered when she started working for you.

In personal injury and wrongful death cases, most attorneys work on a contingent fee basis. If you have a lawyer working on a contingent fee, it would be highly unusual for the agreement to provide that the lawyer is paid extra for travel time. Travel expenses are usually provided for in a contingent fee agreement, but travel time is usually part of the contingent fee and no extra charge for traveling is assessed. (Read this post for information on travel expenses.)