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My brother died in a wreck after his car was hit by a tractor-trailer. He is unmarried and has no children. Can I file a lawsuit?
Yes, if you are named the executor in his will or you apply to the court and get named as the administrator of his estate.
The damages you recover in the case will go to your parents if they are still alive. If they are not alive, the damages would be divided equally between your siblings.
To learm more about wrongful death damages read this article.
I was hurt when I fell in on a slippery floor in a fast food restaurant. I broke my left arm. I missed six weeks of work on my construction job. My lawyer says that we need a statement from my employer stating that I missed six weeks of work and indicating how much money I would have made had I worked. Why is that necessary? I don't want to hassle my boss with this.
Insurance companies need documentation because some people don't tell the truth about what happened to them or how the injuries they suffered cost them money. The claims adjuster for the insurance company has to make sure that his or her file demonstrates that they did a good job gathering evidence to properly evaluate the claim. This includes seeking information from other people, like your boss, to back up what you say.
I am sure that you are telling the truth about the time you missed from work. The insurance adjuster may think you are, too. But the adjuster needs to be able to prove to his or her boss that your claim was thoroughly and properly evaluated, and that is why documentation is necessary.
Your lawyer should help you get this from your boss.
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.
An experienced medical malpractice lawyer can help you with this problem.
I was in a car wreck several weeks ago. The other driver's insurance company called me and asked me some questions. I then asked him how much insurance his driver had, but he refused to tell me. He said that in Tennessee I could not find out how much insurance the other driver had, even if I filed a lawsuit. Is that true?
Yes. Tennessee is the only state in the nation that does not require an insurance company to disclose the amount of liability insurance in place for an accident. This is a result of a powerful lobbying effort in the Legislature, led by Tennessee Farmers Mutual Insurance Company.
Sometimes an insurance company will voluntarily disclose the amount of coverage it has. However, in the ordinary situation, the only way you can discover how much insurance the other driver has is to win a lawsuit and start the process to collect the money you are due.
I was hurt in a truck wreck and my case is coming to trial. My lawyer says that my doctor will not come to court to testify about her treatment of me. I think she would make a good witness and I want her there. Can't she be subpoenaed to trial?
Not in Tennessee. Tennessee has a special law that provides that doctors, psychologists, lawyers, and certain other people do not have to obey a subpoena to trial unless the judge specially orders them to court. People who are exempt from subpoena often give their testimony by a deposition that is read to the jury. Sometime, the testimony of these witnesses will be videoed and the video will be shown to the jury.
Why does this law exist? The Legislature determined that the professional schedules of these people made it very difficult for them to go to court and testify in person. It is difficult to predict exactly when a witness at trial, and having a doctor sit and wait for the opportunity to testify may cost as much as $1000 per hour. Thus, this law saves litigants money as well as permitting the professionals covered under the law to avoid testimony in court.
This does not mean that a doctor cannot come to court and, indeed, some of them agree to come in certain cases. However, this usually occurs only in cases involving substantial money, because the cost of having a doctor testify in-person is substantial.
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.
Medical expense monies generally must re-paid to the person or insurance company (or government entity) that paid the medical bills.
Damages awarded for the wrongful death portion of the award are generally divided between the “beneficiaries” under the law of intestate succession. For example, in a lawsuit where the decedent leaves a wife and two children behind, each of the three are “beneficiaries” under the law and each receives one-third of the pecuniary loss.
If the decedent left a wife and three children, the wife would receive 1/3 of the recovery and each child would receive an equal share of the remaining two-thirds.
If the decedent left no spouse and four children, each child would receive an equal share. If the decedent left no spouse and no children, the decedent’s parents would each receive 50% of the money.
If the decedent left no parents, spouse or children, the decedent’s siblings would split the money equally.
There are several exceptions to these general rules. For example, a parent that refused to support a minor child may lose rights to collect money if the child becomes a wrongful death victim. Likewise, a person who murders another person cannot be a wrongful death beneficiary.
Thus, under the situation you set forth above, you and your mom would split the proceeds of the case (after paying funeral bills, medical bills, etc.), assuming you do not have any siblings. If you are still a minor the court will hold the money for you until you are 18 absent special arrangements. An experienced lawyer can help you understand the rules of distribution of wrongful death proceeds.
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.”
In the event the death was caused by reckless or intentional misconduct, the family of the deceased may also seek punitive damages.
The exact amount of the damages that may be recovered is dependent on the facts of the case. An experienced personal injury lawyer can help you evaluate the damages after conducting a through investigation of each of the factors listed above.
I was hurt in a car wreck and my case will be heard by a jury starting September 20. How long will the trial last?
There are various factors that influence the length of the trial. The complexity of the case is the biggest factor. Cases with complicated liability issues or severe injuries tend to last longer. Cases will few liability issues or relatively small damages take less time.
The judge's working hours make a difference. A typical schedule is 9:00 to 5:00, with an hour break for lunch and a morning or afternoon break. This means that the trial itself will consume about 6.5 hours per day. However, some judges schedule other matters during the day that limit the amount of time that the case is actually presented to the jury.
There are lots of other factors, such as the experience of the lawyers, the level of preparation of the lawyers, the number of expert witnesses, the ability of the judge to control his or her courtroom, and more.
All that being said, the typical car wreck trial in Nashville that involves only two people - one plaintiff and one defendant - is usually finished in two days. Three days may be required if the one or more expert witnesses are required on a liability issue or if multiple doctors testify. One big factor that is hard to predict is the length of time the jury deliberates about the case.
I met with a personal injury lawyer and she tried to tell me that she could help me win my case because the judge is a friend of hers. Will her relationship with the judge help me?
Lawyers who say such things are scumbags. 99.9% of judges would never allow their personal feelings for a lawyer to directly affect the outcome of the case. To do so would be unethical, and 99.9% of judges would never consider acting in such a fashion.
It is true, of course, that judges tend to respect lawyers who are prepared, who show up to court on time, who understand law and court procedure, and who answer the judge’s questions directly and honestly. And judges, like every other human, would tend to more readily accept the word of a lawyer who earned respect than a lawyer who demonstrated that he or she was not entitled to respect. But disregard the facts or the law simply because of a personal relationship? No, this sort of thing rarely happens.
Finally, think about it this way: If you were a judge and learned that your lawyer “friend” was going around telling people that he or she could improperly influence you in a case, how would you feel about it? Believe me, this is the sort of thing that would irritate a judge.
Stay away from this type of lawyer. This lawyer is trying too hard to get your case and, at the end of the day you are very likely to be disappointed in the service you actually receive.
I notice that lots of personal injury lawyers advertise that they have received big settlements? Should that be a factor in determining what lawyer I should hire?
That may tell you something, and may tell you nothing. Lawyers tell an old joke that goes like this: Do you know how to get a $1,000,000 settlement? Mess up a $2,000,000 case.
Experienced lawyers know that that the size of a verdict or settlement does not reveal much information on how well the case was prepared or tried. Indeed, a sizeable verdict or settlement could mean that the client had a good case and good have had even a better result if a more capable lawyer had handled the case. So, while the size of verdicts and settlements gives you an idea of the size of case the lawyer may have experience working on, it does not tell you much about the quality of the work done on that case.
Also, some lawyers advertise that they have gotten significant settlements or verdicts when they employed another law firm to help them in the case and they in fact did very little work on the case. Such a lawyer is to be applauded for seeking help on the case when it was necessary, but the fact of the matter is that the result in the case was a joint effort and the lawyer may not have been capable of getting the same result on his or her own.
The lawyer's reputation among his or her peers is much more important than what some ad claims about past results. Other lawyers recognize a high-quality work product and ethical practice and reward those efforts with professional honors.
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:
Thus, under these rules, your father would have the primary right to file the lawsuit, but you could bring it if your father elected not to do so and you were appointed either executor or administrator of your brother's estate.
There are exceptions to these general rules listed above. An experienced wrongful death lawyer can explain whether an exception is applicable if he or she is advised of the nature of the family situation.
I need to hire a personal injury lawyer. Should I ask if the lawyer has malpractice coverage or can I assume that the lawyer has the coverage because it is required by law to have it?
Believe it or not, there is nothing in the law that requires lawyers to have malpractice insurance coverage. Any lawyer can make a mistake, and he or she should have malpractice insurance to protect a client from harmed by the mistake. Feel free to ask the lawyer you are thinking about hiring whether he or she has malpractice insurance coverage and ask them to confirm their answer in writing. If they don’t have it, hire a different lawyer.
Why would a law firm not have malpractice coverage? There are only two reasons. First, they cannot buy it. It is difficult to purchase malpractice insurance coverage if you handle class action and other specialized types of cases. Second, the lawyer is trying to save money. Malpractice insurance coverage is expensive and there are some lawyers who simply will not spend the money to protect their clients from an error.
Our firm has had malpractice insurance coverage since it was founded in 1993. We will continue to do so. In the unlikely event that we make an error that causes harm to a client (none of the lawyers in the firm have ever been sued for legal malpractice by a client) we want the client to have the benefit of the insurance coverage we purchased to protect them.
I have a personal injury case. I am trying to find a lawyer. Lots of lawyers say that they are members of the Tennessee Bar Association or the American Bar Association. What does that mean?
Many lawyers advertise that they are members of the Tennessee Bar Association, the American Bar Association, and / or their local bar association. Mere membership in these organizations tells consumers virtually nothing about a lawyer’s competence – all one needs to join these organizations is a law license and the money to pay the dues.
However, active membership in a bar association tends to indicate that the lawyer is interested in advancement of his or her profession. This is a relevant factor to be weighed by consumers because it indicates a passion for the law. A lawyer who has been active in bar associations will list those activities on his or her website. Those that do not list activities probably have not been active and are probably just dues-paying members.
Membership, particularly active membership in certain other types of bar associations is an important consideration for those who seek to hire a personal injury or wrongful death lawyer. A lawyer who does personal injury or wrongful death litigation on behalf of consumers should be a member of the Tennessee Association of Justice and the American Association of Justice. Once again, these associations have no entrance qualifications other than a law license and the ability to pay dues, but a lawyer who says he or she does personal injury and wrongful death work and does not belong to these organizations is, in my opinion, either not truly committed to protecting the rights of personal injury victims and their families or is too cheap to support the efforts of these organizations.
Both of these organizations work with legislators to help keep the courthouse doors open for ordinary people and work to educate their members. If a lawyer who seeks your case does not belong to these groups (both of them, not just one or the other), we respectfully suggest that you not even consider he or she to be your lawyer. If the lawyer is a member of both groups, then look to see how active he or she is in the organizations.
Those lawyers that are or have been committee chairs or members of the executive committee of these organizations have demonstrated that they are willing to volunteer their time to preserve the right of citizens to access the court system. Those who are merely members are at least saying that they will pay dues to support the organizations, but are unwilling or unable to make the sacrifice necessary to advance the goals of the groups.
My neighbor got upset with me because I complained to the police about her loud music. She came over, started arguing, and beat me up with baseball bat. The police have arrested her and charged her with aggravated assault. I suffered two broken fingers, a broken arm and have incurred thousands of dollars in medical bills. Can I sue her?
Yes. Your lawsuit is for the tort of "battery." You can seek damages for medical bills, lost of earnings and earning capacity, pain, suffering, loss of enjoyment of life, disability and disfigurement. Because the acts of your neighbor were intentional, you can also seek punitive damages.
The problem in this type of case is recovering damages. Winning a case is one thing, but actually being able to collect money is quite another. Most people who go around hitting people with baseball bats don't have any money to pay for the harm they cause.
Nevertheless, talk to an experienced personal injury lawyer about this problem. He or she can help you determine whether it makes sense for you to purpose a case against your neighbor.
I live in Tennessee. I was sexually abused by a neighbor when I was 15. I am 17 now. Can I still sue him?
Yes. Tennessee law requires that you file suit before your 19th birthday. The failure to file suit by your 19th birthday will result in a loss of your rights.
People sexually abused in Tennessee when they are adults have only one year from the date of the incident to file suit, but special rules apply if the person who was the abuser was a "therapist" within the meaning of T.C.A. Sec. 29-26-203. If you think you have been abused by a therapist (or anyone else for that matter), contact an experienced personal injury lawyer as soon as possible. Make sure you discuss this with your parents as soon as possible if you have not already done so.
My car wreck case is coming to trial soon. A jury of twelve people will decide my case. Must they all agree on the result?
Yes, unless the lawyers agree otherwise, all 12 jurors must reach an agreement on the result in the case.
In some states, the law permits jurors to reach a result based on the votes of a "super majority" of the jurors. For example, some states allow 9 jurors to agree or 10 to agree on one result and the other 3 or 2 jurors can reach a different result. That is not true in Tennessee.
If all the jurors do not agree, the judge declares a "mistrial." When that happens, the case must be re-tried.
I was hurt in a truck wreck. I could not get the case settled and I filed a lawsuit. Now the trucking company is asking me all sorts of personal questions. Can they do that?
Yes, within limits. A person who is sued has the right to ask you information about your claim and also questions reasonably designed to find evidence that might be admissible at trial. Thus, if you allege that you hurt your back in a lawsuit, they have the right to know if you ever hurt your back before and, if so, how you were hurt and what medical treatment you received.
If you claim you lost wage as a result of the accident the company has a right to know how much money you make and see documentation of your wage loss.
There are some areas that the trucking company cannot get into. However, the scope of inquiry is wide, and you should assume that you have to answer every question unless an experienced personal injury lawyer tells you that you do not have answer it.
Whatever you do, don't lie. I don't care how stupid or personal you think the question is, don't lie. A lie can significantly hurt your case. If you have the urge to conceal the information, tell your lawyer your concerns and he or she will guide you through the process.
How does a jury determine how much money to give for pain and suffering in a personal injury case?
The jury listens to the evidence and the law as explained by the judge and determines what they believe is a fair amount. There is no formula for determining how much money should be awarded for pain and suffering.
The law simply tells the jurors to use their best judgment to determine how much money to give for pain and suffering. The lawyer for the injured person attempts to help the jury understand the nature and extent of the pain and suffering experienced by his or her client, and the lawyer for the defendant (the person sued) attempts to explain the that pain and suffering was either not real, was not as serious as person said it was, or that the injury is not permanent.
My neighbor was playing with fireworks this weekend. One of the fireworks shot into my yard and hit me right in the face. I was burned and I injured my left eye. I immediately went to the emergency room and am seeking additional medical treatment. What are my rights?
Some cities in Tennessee prohibit the use of fireworks. If you live in a city that prohibits fireworks your neighbor violated the law and you will have a very strong claim against him.
Even if the law does not prohibit the use of fireworks, your neighbor had the duty to exercise reasonable care while playing with the fireworks so as not to cause injury to anyone else. The strength of your case depends on exact facts.
You should contact an experience personal injury lawyer to assist you with this matter. You should do so before you give a statement to your neighbor's homeowner's insurance company.
Tennessee law requires that personal injury cases be filed against the responsible party within one year of the date of the injury. Act quickly to protect your rights.
I received a broken leg in a motorcycle crash and received a settlement from the other driver’s insurance company. Do I have to pay federal income taxes on the money I received?
Not under current federal income tax law. There are certain types of lawsuits that give rise to the duty to report the settlement as income and pay taxes on that income, but those rules do not include monies paid in personal injury cases such as the one you describe.
Tax laws change from time to time. Thus, in the event you receive money in a personal injury case, you should ask your tax advisor if the money you received in the settlement is taxable.
When I got hurt in a car wreck I missed three weeks of work but still received my normal pay because of accumulated sick time. Can I still ask the person who caused the car wreck to pay me for the time I missed from work ?
Yes. Under current Tennessee law, the law says that a person who caused the wreck and your injuries should not get the benefit of your employer’s sick leave policy. Thus, under what is known as the “collateral source rule,” the fact that you collected sick pay does not impact your right to collect for those “lost” wages in a settlement or trial.
You will need a statement from your employer listing the days you missed work as a result of injury to help the other driver's insurance company evaluate your claim.
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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.
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