Enter keywords:
My daughter refuses to stop texting while she is driving. I know it is unsafe, but she won't stop. What do I do?
I was listening to the Kim Komando show recently and she identified some great software packages for cell phones that could prevent a teenager (or anyone else) from receiving or sending texts or call while a vehicle was moving. Check it out here.
The life you save could be your daughter's.
I got hurt in a car wreck. What is the average jury verdict in car wreck cases in Tennessee?
I can give you that number, but it is meaningless.
Why do I say that? Assume there were just two car wreck verdicts in Tennessee in 2009. One was a case where the person who filed suit had no treatment in the emergency room, $3000 in chiropractic treatment, and a history of prior neck and back pain. Assume that the verdict in that case was $3500.
Assume the other person who filed a lawsuit received a permanent, life-altering brain injury. Assume this person has, $1,000,000 in medical bills, $14,000,000 in future medical bills, $2,000,000 in lost wages, and will live another 60 years in a wheelchair totally dependent others. Assume that the jury verdict in that case is $70,000,000.
Given those two cases, the average verdict is just under $35,000,000. What does that tell you about the value of your case? Nothing. Absolutely nothing.
Obviously, my example is a very simple one, but the point remains the same: average verdicts provide very little information about the value of any particular case. Experienced personal injury lawyers know that there a many variables to the value of a case and that it is a mistake to look at an average to determine the value of a single case.
That being said, we have some data. The Tennessee Jury Verdict Reporter used its best efforts to gather all jury verdicts in Tennessee for the 12-month period ending November 30, 2009. For that one year period there were 130 car accident cases tried in Tennessee. When the plaintiff won the case, the average verdict was $60, 552. When plaintiff wins and losses are considered, the average verdict was $43, 318. The plaintiff “won” 93 cases and lost 37 cases.
The average verdicts have declined in the last five years. The 5-year average for plaintiff wins is $77,916. The 5-year average when one considers wins and losses for the plaintiff was $55, 144. In the last five years plaintiffs have won 586 auto trials and lost 242.
Let me say it again: these numbers are averages, nothing more and nothing less. They say nothing about the value of any particular case. They tell us nothing about the strength of the case or the nature of the injuries. Likewise, they do not take into account the value of cases that were settled without a trial. Finally, they do not take into account the competence and experience of the lawyer handling the case. And any lawyer worth his or her salt will tell you that this last factor makes a real difference in many, many cases.
Why do lawyers and the judge whisper between one another during a trial up by the judge’s bench?
Usually, they are discussing whether certain testimony or other evidence should be heard or seen by the jury. The law of evidence governs what jurors should hear and see during a trial. When the lawyers are trying to introduce evidence before a jury or keep the jury from hearing it the discussions of the evidence will often reveal what the evidence is. If the law says that the jury shouldn’t hear or see that evidence then it would be foolish to have the jury hear the discussion about the evidence. This type of conference is called a “side bar.”
Sometimes, the judge will ask the jury to leave the courtroom during these discussions. This is called a “jury-out hearing.”
On other occasions, the judge has a side-bar conference to address scheduling or other issues.
The judge will ask the jury to ignore such conferences, and each juror should do so.
I live in Tennessee and was badly hurt in a car wreck in Tennessee. My medical bills for the injuries received in the wreck exceed $100,000. The driver who caused the wreck only has $25,000 in liability insurance and I have the same amount in uninsured / underinsured motorist coverage. What are my rights?
You have the right to go to trial, prove the fault of the driver who caused the wreck, prove the nature and extent of your damages, and let a judge or jury decide the value of your case. If the value of the case exceeds the amount of insurance that the at-fault driver has (and it would under the facts you have stated above) you can attempt to collect the extra amount from the driver who caused the wreck.
Under Tennessee law, you will not be able to collect to collect any monies from you uninsured / underinsured motorist carrier because the amount of insurance the at-fault driver is equal to your UM / UIM coverage. The law of some states would permit you to collect money from your own insurance company under these circumstances, but not if the UM / UIM policy was issued in Tennessee.
So, how do you collect the rest of the judgment you won against the at-fault driver? There are several options. You can follow a legal process to get a portion of the person's paycheck. You can seize their checking and savings accounts. You can take any stocks and bonds they own. If he or she owns real estate in his or her own name you can force a transfer or sale of it. In summary, there are lots of things that a lawyer can help you do to get the at-fault driver to pay what they should pay.
Of course, the at-fault driver who is insolvent or is rendered insolvent can always file bankruptcy and ask the bankruptcy court to discharge the debt. Whether this can and will happen is dependent on the facts of the case.
In summary, winning a lawsuit and obtaining a judgment is only one step on the path to collecting the money that the law says that you are entitled to recover. An experienced personal injury lawyer can help you understand the process for collecting more money than the at-fault driver's insurance policy limits or giving you guidance about the wisdom of pursing an at-fault driver (or any other defendant) for money over-and-above the liability insurance policy applicable to the case.
I was sexually abused for five years by my step-father, staring when I was 5 years old. I am 18 years old now. Can I sue him for what he did to me?
Yes. Under Tennessee law sexual abuse is the tort of battery and the tort of outrageous conduct. However, you must file suit before your 19th birthday if you want to seek damages for what happened when you were under the age of 18. The failure to file suit by your 19th birthday will likely result in a loss of rights for all that happened before you turned 18. Talk to an experienced personal injury lawyer to gain an understanding of whether there are any exceptions in the law that may give you more time to take legal action.
We have represented people who have been victims of sexual abuse. The cases are very sad, but we have found professional satisfaction helping our clients and imposing financial responsibility on the perpetrators of these horrible crimes. One challenging factor in these cases is collecting money from the perpetrator – homeowner’s insurance will not cover this type of act. However, we have been successful identifying assets from which to obtain a settlement in this type of case.
I was injured in a car wreck – it wasn’t my fault. I own my own business and I have missed a lot of work. Am I going to be able to recover damages for the impact of the wreck on my business?
One of the biggest challenges of a personal injury lawyer is representing self-employed people in personal injury cases. It can be very difficult to prove the loss of income of self-employed people, but the task is made easier by having a long history of earnings, good records of receipts and expenses, and injuries that are significant enough that a jury (or insurance adjuster) can clearly understand how the injuries impact the business.
Other than these basic statements, whether the loss can be shown will depend on the facts of each case. An experienced personal injury lawyer will give you guidance on how to document your losses as best you can.
I got hurt in an accident and my doctor said I should go to physical therapy. The therapist is 20 miles away and it is very inconvenient to go to therapy. Plus, it doesn’t seem to do any good. Will it hurt my case if I just stop going?
First, let me suggest you set the thoughts about your legal case aside for a moment. Your doctor prescribed physical therapy because he or she thought it would help you. It might not. But it might. The daily or even weekly progress you see in physical therapy might be small, but you still need to go to physical therapy because you want to do what you can to reach a full recovery.
Going to physical therapy may not help your case, but not going as the doctor asked you to do will probably hurt your case. Insurance adjusters and jurors may conclude that you may not have been having the problems you say you were having (or are having) if you followed your doctor’s advice. If you have to go before a jury in your case the jury will be told that it is your responsibility to minimize your damages.
So, follow your doctor’s orders because you want to do what you can to get better – and because you don’t want to hurt your case by not following those orders.
A neighbor fell off my porch the other day and he had to be taken to the doctor with a broken arm. Can I be held responsible for this?
Only if it is determined that you did not keep the premises in a reasonably safe condition for him and other guests on your property. Therefore, it is important to understand how he came to fall of the porch. Did the railing break? Was it rotten? Did he fall over the rail? Was he sitting on the rail? Was there no rail there at all? Did local building codes require a rail? And so on.
There are all sorts of questions that must be asked to determine whether you can be held responsible for what happened.
You should promptly call your homeowner’s insurance company and advise them what happened. You should also take pictures of the area where the fall occurred and write down the names of everyone present.
I was arrested for underage drinking when I was in high school 10 years ago. I was put on probation for a year. Now I got hurt in an car accident and the other driver’s lawyer wants to know if I have ever been arrested. Do I have to tell the truth about it – it happened so long ago? Is it going to come out in court that I was arrested?
Don’t worry about it. In a lawsuit your opponent gets to ask you questions about your background. The area of questions that can be asked during the "discovery" period in a lawsuit is very broad, much broader than questions that will be permitted in court at trial. So, your opponent can ask about prior arrests and you should tell the truth about what happened.
Will it come out in court? It almost certainly will not if you tell the truth about what happened. If you lie and your opponent finds out about it, what happened will probably come out in court, not because of what happened 10 years ago but the fact that you lied about it when asked in the lawsuit.
There are some occasions where convictions of crimes can be introduced in evidence at a trial. The thing you need to know is to tell your lawyer the truth about your past. If your lawyer knows the truth he or she can help protect you from embarrassment or saying something that will hurt your case. Even if the information is admissible into evidence at trial, if your lawyer knows the truth before trial there are occasionally things he or she can do to minimize any harm to your case.
My personal injury case just settled and I have $45,000 after paying my medical bills and my lawyers. I have never had this much money in my life. What do I do with it?
You are not seeking legal advice here – this is financial advice. However, many of our clients have asked this question over the years and I will share some general thoughts.
First, you should set aside some money for what many people call an “emergency fund.” The emergency fund should be three or, even better, six months of the money that you need to operate your household. It should be kept in a savings account or a money market account and should only be used for emergencies – an unexpected car repair or medical bill or to meet normal expenses if you lose your job. You will gain an unbelievable peace of mind by having this amount of money in the bank.
Second, you need to consider paying off any credit card, automobile, or other consumer debt you have. The interest rate on this debt is high. Eliminating this debt will increase your monthly cash flow (because you won’t be making those monthly payments) and you can use this “extra” money to pay off your other debt.
At $45,000 you won’t probably have much money left. But you will gain a lot of peace of mind and help you get started on the path of financial independence.
Finally, I recommend that you read Dave Ramsey’s Financial Peace book and consider attending one of his financial planning courses. These classes have a very conservative approach to money management, but most of us can benefit by the lessons taught in Dave’s books and his courses.
I was in a car accident and broke my wrist. My health insurance paid my medical expenses. I sued the driver that caused the wreck and received a settlement for $75,000. My lawyer says I have to re-pay my health insurance company out of my settlement. Is that correct?
It almost certainly is correct. My health insurance companies have a provision in their contract with you that if you incur medical expenses and later recover those expenses from the person who caused you to get hurt and incur the expense you must re-pay the insurance company.
There are some exceptions to this rule. An experienced personal injury lawyer can help you determine whether you have the obligation to re-pay your health insurance company and whether there is a way for you to reduce the amount you are otherwise obligated to pay it.
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.
You need an experienced Nashville personal injury lawyer to help you with this matter. Please remember that you have up to one year from the date of the injury to file suit for this matter. However, you need to know that the bus company has certain documents that may be relevant to this case that may be destroyed in the months following the wreck, and therefore you should hire a lawyer as soon as possible so that he or she can take steps to get the bus company to preserve those records.
It seems like everybody is suing everybody. How many personal injury and wrongful death lawsuits are filed in circuit court every year in Tennessee?
Believe it or not, the number of lawsuits for personal injury cases and wrongful death cases in Tennessee is staying about the same, despite the increases in population.
There were 10,659 such cases filed in circuit and chancery court in Tennessee for the fiscal year ending June 30, 2009. In the previous year there were 11,171, so filings were down about 5%. The year before (ending June 30, 2007) the total number of filings were 10,165.
To put this in perspective, consider that during the year ended June 30, 2009 there were 30,000 divorce actions filed in our circuit and chancery courts. Indeed, there were over 168,000 criminal charges brought in criminal court during the same period.
All of this is not to say that there are not lawsuits that are filed that should not be filed. Some lawsuits are filed that are just plain stupid. Some lawsuits are filed because the person sued or their insurance company refuses to accept responsibility for the harm they caused. Many, many lawsuits are filed because the parties have a legitimate difference of opinion on the cause or value of the matter in dispute and thus must go through the court process to gain information to assist them in evaluating the case.
There is one other primary reason for the number of lawsuits we see, and that is because Tennessee has the shortest statute of limitations in the country for personal injury and wrongful death cases. Subject to several exceptions, the general rule is that in personal cases a lawsuit must be filed within one year of the date of the injury. Wrongful death cases must usually be filed within one year of the date of the injury that later caused the death. Most states have longer periods of time to take legal action, and thus there is a greater opportunity to settle a case before a lawsuit is filed. The failure to file a lawsuit on time results in a loss of rights, so many lawsuits in Tennessee must be filed because the case is not in the right posture to be settled.
Do not assume that your deadline for taking legal action has expired unless a lawyer familiar with all of the facts has told you that it has in fact expired. There are some exceptions to these general rules. Likewise, do not assume that you have more than one year to act unless a lawyer tells you that you do. In fact, under some circumstances you can actually lose your rights well before the one-year period expires, so it is wise to consult with an experienced personal injury lawyer as quickly as reasonably possible after you or a loved one has been injured as a result of another's conduct.
I am in a lawsuit and just got sent interrogatories. What are they?
Interrogatories are written questions that one person in a lawsuit sends to another person in a lawsuit. The party that receives the interrogatories must answer them in a certain period of time, unusually thirty days.
Your lawyer will guide you through answering the interrogatories. It is very important that you tell the complete truth when you answer the questions. The failure to tell the truth will have an adverse impact on your case.
To learn more about the steps in the litigation process, read our Legal Guide called "Understanding the Steps in the Litigation Process."
I was driving my car when the wheel fell off. I lost control of the car and had a wreck. I ended up in the hospital with lots of broken bones and a concussion. I have missed three months of work. Do I have any rights?
You might. However, it will be very important that to find and keep the car you were driving and the wheel that came off the car. This evidence is essential to determining if you have a valid case and proving your case if you actually have one. An experienced personal injury lawyer can help you find your vehicle.
If you find the car and wheel on your own, take steps to preserve it from the elements and from any other damage. Do not do any independent tests. Do not do any work or alter it in any way. Make sure it stays in a secure place until your lawyer can help you with preserving it.
This same advice applies whenever you or a family member is hurt during the use of any product. Immediately set the product aside and do not alter it in any way. Many people fiddle with the product trying to understand how the incident happened. Don’t do this – doing so may affect your legal rights.
After gathering and preserving the item, contact an experienced personal injury lawyer and ask them to conduct an investigation to see what rights you have.
I have a personal injury case and I don’t think my doctor is listening to me. Should I get a second opinion?
Talk to your lawyer before you get a second opinion. An experienced lawyer will have some knowledge of the doctor’s reputation and, after looking at the medical records, have a good idea whether the doctor is doing what he or she can to help you. Sometimes, there is nothing a doctor can do to help, and changing doctors only complicates your case.
That being said, both you and your lawyer want you to reach as full of recovery as you can. You may need to consult with another doctor to either reach that recovery or to have confidence that everything is being done for you that can be done, However, it is best to consult with your lawyer before seeking a second opinion.
My daughter was hurt in a soccer game because the ref refused to reign in a reckless player on the opposing team. Can I sue? My son is devastated because he was improperly called out on strikes by a blind umpire. Can I sue?
Setting aside the merits of these complaints, or the wisdom of pursing such a claim, Tennessee law gives a relatively high level of immunity to sports officials. Under Tennessee Code Annotated Section 62-50-201, a “'sports official' means "any person who serves as referee, umpire, linesperson or in any similar capacity in supervising or administering a sports event and who is registered as a member of a local, state, regional or national organization that provides training and educational opportunities for sports officials."
Section 62-50-202 provides that "[a] sports official who administers or supervises a sports event at any level of competition is not liable to any person or entity in any civil action for damages to a player, participant or spectator as a result of the sports official's act of commission or omission arising out of the sports official's duties or activities."
Section 62-50-203 limits Section 202 and says that "civil immunity [is not granted] to a sports official who intentionally or by gross negligence inflicts injury or damage to a person or entity."
Thus, under Tennessee law, a person trying to sue a ref has a very difficult hill to climb. Indeed, absent intentional conduct or misconduct under the influence of drugs or alcohol, I have a difficult time imagining how a claim against a ref would be successful.
My home and belongings have been damaged by the flooding in Middle Tennessee? What are my rights?
First, you need to see if your homeowner's insurance provides you any protection. Unfortunately, most homeowner's insurance excludes damages due to flooding.
Second, check and see if you have flood insurance. If you asked your agent to get you flood insurance and they did not provide it you may have a claim against your insurance agent. If you do have flood insurance, contact your agent immediately and get the claims process underway.
Third, while all of this sorts itself out, carefully document all of your losses. Photograph everything that was damaged. Make a list of all personal property that was damaged. If still available, keep records of purchases of things that were damaged.
My wife is suspected of killing her father. She did not do it, but the police are continuing to investigate the crime and she has been told she is a suspect. She has not been charged with any crime. Now, her mother and her sister say they are going to sue her for killing her father. Can they do that?
Under Tennessee law, your wife could be sued for wrongful death even if she has not yet been charged, tried, or convicted of the crime of murder. Murder in criminal law would be “battery” under the civil law, and a civil law suit for battery can be filed even if the criminal charges have not been filed. Damages that can be sought for battery include compensatory damages and punitive damages.
In fact, under Tennessee law a person can be found innocent of murder in a criminal case and still be successfully sued for battery arising out of the same incident. Why? Because in a civil wrongful death case the person bringing the lawsuit must only prove the that the defendant killed the decedent by a preponderance of evidence (that is, more likely than not). In a criminal case the State must prove beyond a reasonable doubt that the defendant murdered the decedent. Thus, the criminal court jury could conclude that the State did not prove what it needed to send the defendant to prison but the civil court jury could conclude that more likely than not the defendant killed the decedent and award damages.
You may remember that this is what happened in the case involving O.J. Simpson well over a decade ago. The criminal jury acquitted him, but the civil jury found that he murdered Ms. Simpson and Mr. Ronald Goldman and held him liable for damages.
I am sure that your wife has a criminal lawyer helping her through this time. If she does not she should.
 |  |
I am a fifty-three year old lawyer who is fascinated by the law of torts. I have studied the field for over twenty-nine years. I represent plaintiffs in personal injury and wrongful death cases.
Read More »