Now wait just a minute, I am not going to talk politics. I am going to talk about disclosure and hindsight. Whatever your opinion on Hillary Clinton, most people think it was a mistake for her not to have disclosed that she was suffering with pneumonia. Day in and day out, we counsel our clients on disclosure and here are some thoughts on the issue: 

  1. What you think is important is not what everyone else thinks is important. HRC said she did not disclose the pneumonia because she did not think it was a big deal. But, she is not the decider of what is a big deal in an election. That is the voters’ job. The same is true of litigation: the ultimate decider is the jury. So we tell our clients that everything needs to be viewed through the eyes of jurors.
  1. Non-disclosure almost always does more harm than disclosure. Because some hubbub had already been made about her health, HRC probably thought it would be better keep her pneumonia diagnosis to herself and her camp, take some antibiotics, solider on and avoid providing any fodder to Trump, the media, etc.   This is not an unreasonable position on its face. The problem comes when the information comes out anyway. With HRC, her stumble or collapse (depending upon your political affiliation) outed her illness. As a result, the focus is now two-fold: her health and her transparency. The same is true in injury litigation. Let’s say you have a prior back injury that you think is unrelated to the current back injury you received in a recent tractor-trailer accident and so you decide not to tell your lawyer or the other side about it when they ask you under oath. Let me be clear: this is a horrible plan. The other side is going to have full access to your medical and pharmacy records and the power of a subpoena. Defense lawyers get paid a lot of money by the hour to find things that hurt your case. A good defense lawyer will leave no stone unturned and when they find it you, just like HRC, will have two problems: the old injury is now known and your non-disclosure has now also created a credibility or transparency issue for the jury. Recall point 1; the jury gets to decide what is important and if you win.

bicycle lane

In Nashville and all over Tennessee, more people are using bicycles as their preferred form of transportation. Unfortunately, more bikes on the roads translates to more biking accidents. So far this year, there have been 189 bicycle accidents in the State of Tennessee. Of those 189, 169 involved injury and 2 were fatal – the others were property damage only. Nashville is not the only city struggling with a rising number of bicycle accidents so numerous entities have been studying safer alternatives. Continue reading

trophy two

Our 9 year-old daughter loves telling jokes and pulling little pranks. When she finds one that really hits the mark, she will tell it over and over and each time she will giggle and say: “It never gets old”.  Something else that never gets old is receiving a compliment or an award. And we are pleased to announce that for the 25th year in a row, John Day has been selected by his attorney peers for inclusion in the 23rd Edition of The Best Lawyers in America. And, for the 10th year in a row, John was honored in five separate categories: Continue reading

John at Dawn

In 2015, there were 136 reportable boating incidents, 77 injuries and 13 fatalities. Falling overboard was the leading cause of fatalities with 3 deaths attributed to it. The most common cause of injury accidents was operator inattention. The most dangerous lake for injury accidents last year was Center Hill Lake.

In the personal watercraft (PWC) or jet ski category, Ft. Loudon lake was the most dangerous. There were 9 injury accidents and 3 fatal accidents. The primary causes of jet ski accidents were excessive speed and off throttle loss of steering. (For inexperienced jet ski drivers, off throttle loss of steering is a real problem because the natural inclination if you get into trouble is to let off the gas. But on a jet ski, a driver cannot steer at all without being under throttle.)

So if you are set to spend the day on the river or lake, here are some tips on how to stay safe this summer: Continue reading

caraccident

The good news: the economy continues to improve and gas remains cheap. The bad news: this could mean more traffic deaths especially during the 100 Deadliest Days.  According to the National Highway Traffic Safety Administration, last year traffic fatalities rose 7.7% to 35,200 — the highest since 2008. Many experts attribute the increase in accidents and fatalities to an improved economy combined with low gas prices as these lead to more drivers out on the road for reasons other than the daily commute. And with more drivers on the roads for weekend plans, vacations and the like, there is simply an increased likelihood for accidents.   Continue reading

trophy two

Drum roll, please.  The winner is John Day. Recently, the Nashville Business Journal awarded John the 2016 Best of the Bar Award in the category of Litigation and Dispute.  The Nashville Business Journal took nominations from the public and then voting ensued. Of course, John is proud of this award and the other awards and recognition he has received over the years.  But perhaps one of the best things about receiving certain awards is it can help injury victims decide which attorney to hire for their accident case as awards generally help folks have some confidence in the skills of the person they are hiring.  And while awards are one factor you should consider when hiring a lawyer, here are some other things you should consider before hiring an attorney for your accident case: Continue reading

teen driver

The 100 days after Memorial Day are generally regarded as the most dangerous for teenage drivers. It makes sense, right? Kids are not in school so they are running the roads – headed to the mall, the pool, a friend’s house, etc.   Did you know that teenagers are four times as likely to be in a crash than an adult? Six teenagers (ages 16-19) will die everyday in car accidents and nearly a quarter million teenagers will need emergency medical treatment because of car accidents. These statistics are terrifying but here are 10 things you can do to help keep your teenage driver safe: Continue reading

flag 2 copy

Memorial Day is a day to remember and be grateful for those brave men and women who have died while serving our country in the military. It is also the unofficial start of summer. Beach trips, parades, lake outings, pool parties and barbecues are on a lot of folks’ agenda.   Here are ten safety tips to help keep your weekend fun and injury-free:  Continue reading

mean dog
This is National Dog Bite Prevention Week, so it is a great time to give you some advice on how not to be a dog bite statistic and how to avoid being sued if you, like us, are a dog owner.

First, let’s look at the numbers of this very real and common problem. About 4.5 million people are bitten or attacked by a dog each year in the United States. While some of the bites are not terribly serious, almost 900,000 of those dog bites will require medical attention. Each year, roughly 27,000 victims will require reconstructive surgery – not just stitches. And, while more rare, dog attacks can be deadly. The average dog bite claim costs $37,214.

So, let’s start with a few tips for how to avoid being the victim of a dog bite.

pedestrian light

According to the Tennessee Department of Safety and Homeland Security statistics, there were 1,579 pedestrian accidents last year. But, there were actually many more because the State’s statistics do not include pedestrian accidents that occurred on private property, which means parking lots (where lots of pedestrian accidents occur because of the unavoidable interaction between cars and pedestrians). For the first quarter of this year, there have already been 378 pedestrian accidents, so we thought we would share some tips to help avoid being a pedestrian accident statistic: Continue reading