Tennessee injury lawyer

April 25, 2011

Kentucky Resident Hurt in Wreck in Tennessee – Do I Need a Tennessee Lawyer?

I live in Kentucky but was injured in a wreck with a big truck on Interstate 40 right outside of Nashville. Do I need a Tennessee lawyer?

You will almost certainly need a Tennessee lawyer. A Kentucky lawyer will probably not be familiar with Tennessee law and will not be able to file a lawsuit here. Quite candidly, an experienced personal injury lawyer from Kentucky would probably be able to negotiate a settlement for you, but once again may be hampered by a lack of knowledge of Tennessee law and procedure that could impact the value received at settlement.

If your hire a Kentucky lawyer he or she will probably ask the assistance of a Tennessee lawyer to help him or her with the case. I have helped lawyers from dozens of states in this situation, and it works quite well if the out-of-state lawyer calls us early enough to protect your rights. Tennessee law requires that such cases be filed within one year of the date of accident and, unfortunately, several times a year I get a call from an out-of-state lawyer who missed the one year deadline.

July 28, 2010

Pharmacy Mis-Fills

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

My doctor gave me a prescription. I took it to my local pharmacy and got it filled. I took the medicine for three days, twice a day, just like the doctor said when I passed out and hit my head on the kitchen table. I woke up in the hospital two days later with a horrible headache and 15 stitches on my head. It turns out that rather than give me 50 mg. pills like the doctor ordered the pharmacy gave me 500 mg pills. My doctor said that this medicine built-up in me and caused me to pass out. He said that if I would have taken those bigger pills for a couple more days I would have died. Can I sue the pharmacy?

Yes, if you can prove that the prescription was for 50 mg. and it was filled at 500 mg. the pharmacist committed a clear error. It will be important to get a copy of the original prescription form and make sure that it clearly called for only 50 mg. pills.

You will also have to prove that taking the extra-high dose caused to you pass-out and hit your head. A medical doctor will have to testify about this.

July 22, 2010

Who Receives the Damages in a Tennessee Wrongful Death Lawsuit?

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

My dad was killed in a truck accident. My mother filed a lawsuit and recovered a large amount of money. What happens to that money?

Generally speaking, damages for the personal injury claim (the claim that arises from the period of time between the injury and the death) are distributed under the will of the decedent and, if there is no will, under the law of intestate succession. The law of intestate succession is described below.

Funeral expenses are re-paid to the person who paid the funeral bills.

July 21, 2010

What Damages Are Recoverable in A Tennessee Wrongful Death Trial?

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

My husband was killed in a car wreck. What damages am I entitled to receive from the person who caused the wreck?

These are the types of damages that can be recovered in Tennessee : (a) medical expenses for treatment of the injuries that resulted in death; (b) funeral bills; (c) conscious pain and suffering from the date of the injury until the date of death; (d) loss of enjoyment of life between the date of injury and death; (e) loss of earning capacity between the date of injury and death; and (f) the pecuniary value of life.

In all cases, the pecuniary value of life includes the present value of the decedent’s lost future earning capacity less those living expenses necessary to maintain the decedent’s person so that they can work. In cases involving the death of a spouse, the surviving spouse can recover damages for the loss of consortium of the decedent. In cases involving the death of a parent, the children can recover damages for the loss of love, society, affection and guidance of the parent. In cases involving the death of a child, the parents can recover damages for the loss of love, society and affection of their child. Each of these types of damages are included in the definition of the “pecuniary value of life.”

July 15, 2010

Do I Have the Right to File a Wrongful Death Lawsuit?

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

My brother was killed in a motorcycle accident. He was not married and has no children. Our father is alive, but my mother is not. Our father simply doesn’t have the emotional strength to file a lawsuit over the death of his son, but we cannot let my brother’s death go without holding the truck driver who killed him responsible. Do I have a right to file a wrongful death lawsuit for the death of my brother?

Only if you are named the executor in your brother’s will or are appointed the administrator of his estate by the court.

Generally speaking, these are the rules for who may file a wrongful death lawsuit in Tennessee:

May 11, 2010

Passenger Injured in Bus Accident Wants to Know Rights

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

I was visiting Nashville on a bus tour that started in Rockford, Illinois. The bus driver wasn’t paying attention, ran a red light, and our bus got hit on the side by a pick-up truck that was coming from our left. The truck hit the bus right under where I was sitting, and I received a broken ankle. I have missed three weeks from work and incurred lots of medical bills. What are my rights?

Bus companies that operate in interstate commerce have an obligation to follow federal laws that are very similar to the laws that over-the-road truckers have to follow. They must register with the federal government and follow numerous regulations designed to enhance passenger safety. Some of these regulations include strict rules about how many hours a day the driver can operate the bus and the qualifications of the bus driver. Others ban the use of drugs and alcohol before driving and require testing of bus drivers after certain types of accidents.

Since it appears the bus driver was at fault and the wreck occurred in Tennessee, Tennessee law will apply and you will be able to recover damages for lost wages, lost future earning capacity, past and future medical expenses, pain, suffering, disability, disfigurement and loss of enjoyment of life. Federal law may also play a role, because a violation of federal regulations applicable to the driver or the bus company may be admissible in the Tennessee case.