Tennessee Injury Law Center : Lawyers for Personal Injury and Wrongful Death : Serving Memphis, Nashville, Knoxville

I talked to a lawyer about a personal injury case.  He has a sign on his wall that says that he is a member of the Tennessee Bar Association.  What does that mean?

That means he almost certainly has a law license and the money to pay the dues.  Not much more.

Don't get me wrong.  I am a proud member of the Tennessee Bar Association.  I have been a member for almost 29 years.  They do wonderful work and, in my opinion, every lawyer in Tennessee who can possibly afford it should be a member.

But the only requirements to be a member of the Tennessee Bar Association and virtually all of the other voluntary bar associations in Tennessee are a Tennessee law license, money for dues, and a heartbeat.  That's it.

Now, what may be relevant is whether the lawyer ever played a leadership role in a bar association. Leadership roles mean that the lawyer is willing to give time and usually money to support the efforts of the association, and those efforts are relatively rare and worthy of some consideration. But mere membership?  Let me put it this way:  the absence of membership should be a negative factor, but the fact of membership and membership alone should bear no weight whatsoever is trying to determine who to hire as a personal injury lawyer.

What to learn more about what really counts in determining which lawyer to hire for a personal injury or wrongful death case in Tennessee?  Read this.

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My wife was killed in a tractor-trailer wreck.   The wreck was not her fault.  What is this case worth?

That question is impossible to answer without a great deal more information.   Was your wife working outside the home?   What was her income?  What was her age?  What was her state of health before the wreck?   How many children does she have?   Do any of those children have special needs that required her to play a bigger role in their lives after they reached the age of 18 than the ordinary adult child?  

These and many, many more questions must be answered before any lawyer can give you a reasoned opinion on the value of a wrongful death case.  

To learn more about the law of wrongful death in Tennessee, read our legal guide "Understanding Wrongful Death Cases in Tennessee."

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I was driving in Nashville and a police car ran a red light and plowed right into the side of me.  I had to go to the hospital and they discovered that I broke my leg in the crash.  Can I sue the police officer for causing the wreck?

Under Tennessee law, you cannot sue the police officer but you can sue the local government that employed the police officer.  Therefore, if the police officer was employed by Metro Nashville, you can sue Metro Nashville.

Under Tennessee law, a governmental entity is responsible for certain negligent acts and omissions of its employees but its financial responsibility is capped at $300,000 for any one person, regardless of the seriousness of the injuries or even if the person is killed by the negligent act or omission.  Damages to property are limited to $100,000.   

There are various other unusual components to claims against local governments.   (For example, the case is decided by a judge, not a jury.)   An experienced personal injury lawyer will understand the law in this area and will be able to assist you.

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I was in a car wreck yesterday.  I thought I was ok but I woke up this morning and feel absolutely horrible.   Should I go to the doctor, or should I just tough it out?

You should see your doctor and accurately report the nature and extent of your concerns.   Call and make an appointment to get in and see the doctor as soon as you can.

Why?   There are three reasons.  First, your doctor may uncover a problem that is more serious than you think it is.  

Second, your doctor may prescribe some sort of treatment or therapy that will help you heal faster and minimize the impact of the injury on your life.  

Third, in the event that your physical problems continue the at-fault driver's insurance company will expect to see prompt consultation with a doctor about your problems.  The failure to promptly see a doctor may lead the insurance company to conclude that you were not hurt in the wreck or at least not seriously hurt.   More importantly, a jury may see it the same way.  Remember, the burden is on you to prove that the injuries you claim you had occurred as a result of the wreck.   And, whether it is fair or not, jurors (and insurance companies) are more likely to link the injuries to the wreck if prompt medical attention is sought.

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My brother got killed in a car wreck.  Can I file a wrongful death lawsuit for him?

You can file a wrongful death lawsuit for your brother under only limited circumstances.  First, if you are named the executor of his will you have the right to file suit.  Second, if the court names you the administrator of your brother's estate you will have the right to file suit.  Third, if you brother was not married, had no children, and your parents are dead you would be considered "next of kin" and you would have a right to file suit.  

The right to file suit is different from the right to control the litigation. For instance, if your brother was married and his wife is competent, it is very possible that a court would let your sister-in-law control the lawsuit even if you were named executor of your brother's estate.

The right to file suit is different than the right to receive any money that results from a wrongful death lawsuit.  For example, under Tennessee law, a sibling will receive proceeds from a wrongful death lawsuit only if the decedent was unmarried, had no children and was predeceased by his parents.

All of this can get a little complicated.  An lawyer who has experience with wrongful death claims can guide you through the process.  Under Tennessee law, you should assume that a wrongful death claim must be filed within one year of the date of the injury that later results in death unless and until a lawyer familiar with all of the facts tells you that you have more time.

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I was hurt in a personal injury case about six years ago.  As part of the settlement I received an annuity that pays me $3000 per month for the rest of my life (I am 35) or at least for another 25 years..   I have found myself in some financial trouble and I need some money now.   There are companies that advertise on television that indicate that they will buy my annuity and give me case now.  Should I do that?

You almost certainly should not do that and, before you do, you should seek the advice of a financial counselor who can guide you through your decision-making process. 

I have no respect for the companies that purchase structured settlements.  The price paid for them is ridiculously low - often 40 cents on the dollar or even less.    Your structured settlement will pay you a guaranteed $900,000 in the next 25 years - tax fee - and if you live a normal life expectancy you will receive another $500,000 or even more.    You should not throw that away for pennies on the dollar.

A good financial counselor can help you determine what is in your best interest.   He or she can also help you get control of your spending so that you don't find yourself in this situation in the future.

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 I was hurt in a car accident. I talked to a lawyer and he sent me a proposed contingency fee agreement.  The agreement says that I have to pay the expenses he incurs in prosecuting my case and that interest accrues on the expense money.  Is that normal?

It is normal for a lawyer handling a contingency fee case to ask the client to re-pay the lawyer for the money spent on case expenses out of any settlement achieved in the case.  It  is not normal, however, for lawyers to charge interest on the expense money they advance for case expenses, although it seems like more and more lawyers are charging interest.    

The lawyers who charge interest may have a contract with a private company that charges them interest, and then they pass the interest that they pay while the case is pending onto you as their client.  The interest rate may be very high – much higher than the “prime rate.”  The lawyer does not profit from this, but simply passes the cost of the interest on to you.  Sometimes there are additional fees associated with this service that are passed on to you.

There is nothing illegal or unethical about this practice.  However, it does increase the cost of legal services and is one factor you should take into account in determining what lawyer to hire for your personal injury or wrongful death case.  If a lawyer wants to charge you interest, make sure you ask what the interest rate is and how it is calculated.  Sometimes the “APR” (annual percentage rate) is much higher than the quoted rate.    

Our firm has never charged a client one penny of interest.   We believe that the contingent fee we charge adequately pays us for our professional service and for advancing case costs on behalf of a client.   

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I live in a small town in Middle Tennessee.  I just had an addition put on my house.  The building inspector from my town came and approved the work done on the house, including the electrical work.  Two days later the entire house burned.  The cause of the fire was improper wiring work on the new addition.  Can I sue the building inspector for failing to discover the bad wiring job?

No.  Under Tennessee law a local government cannot be sued for negligent inspection.  Thus, even if you could show that the building inspector did a bad job, neither the inspector nor his employer can be sued.

You may have a claim against the electrical contractor and perhaps even the general contractor.  An experienced trial lawyer can help you investigate this claim and determine what rights, if any, you have.

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I am a Tennessean.  I was received some broken bones in a car wreck earlier this year.   I spent a couple days in the hospital and missed six weeks of work.  The case was just settled and I received a check for a significant amount of money.   Do I have to pay income taxes on the money I received?

No, you do not have to pay federal income tax on the money you received

As of today (and for many, many years) there is a special federal law that permits people who receive money in personal injury cases where there has been physical harm  to exclude the monies received in a settlement or lawsuit from their income for federal income tax purposes.   You do not need to report it to the government and you do not need to report it.

Note that the limitation only applies to physical injuries.  If your injuries were purely emotional, or if you settled an employment case or other type of lawsuit, be sure to ask your attorney and your tax adviser about the tax consequences of any settlement or other monetary payment.

Finally, there is no state income tax in Tennessee, so a personal injury settlement for physical injuries does not give rise to a taxable event in Tennessee.

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My lawyer just settled my personal injury case.   At the time the lawyer distributed my share of the money to me, he withheld $322.56 for airfare and $150 for a hotel bill.   When I asked him what those expenses were for he said he had to travel to New Orleans to take the deposition of a witness  in the case.   Can he do that?

Yes, if the fee agreement that you signed provides that he is to be reimbursed for out-of-pocket expenses incurred in connection with the case.  That type of provision is part of the typical fee agreement in personal injury cases and therefore I would not be surprised if the fee agreement you signed contained that provision.   Your lawyer will give you a copy of your fee agreement if you cannot find the your copy.

Of course, the expenses incurred should be reasonable.   What is reasonable?   A Motel 6 is on the cheap end and a Ritz Carlton is usually too expensive.   Something in the middle should do nicely.   Most attorneys do not asked to be reimbursed for first-class air travel, although some may do so for international flights or cross-country flights.   You shouldn't expect that your lawyer is going to eat at Taco Bell, but you should not be asked to pick up the tab for a big meal and expensive wine at a five-star restaurant.

If you have a problem with the expenses the lawyer charges simply ask about it.    I think you will find that most lawyers will be happy to fully explain all charges and will bend over backwards to treat you fairly.

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Our house caught on fire and three members of my family got burned.  The fire department said that the cause of the fire was a kerosene stove we were using to supplement the heat from the furnace because it was really cold outside.   Do we have any rights against the manufacturer of the kerosene stove? 

Perhaps.   It is essential that you contact a lawyer who has experience in products liability cases as soon as possible.  It the meantime, preserve whatever is left of the heater and do not allow any further damage to the premises or start the repair / clean-up process.

You will need the stove itself so that you can determine what went wrong with it (if anything).  You need to preserve the scene until an expert can confirm that fire department's opinion of the cause of the fire.  The fire department might be correct on the cause of the fire, but if the department does not have a lot of expertise in cause and origin of fires their opinion may be questioned.

To0 determine what must be proved in win a products liability claim, review the Law Offices of John Day, P.C.'s Legal Guide titled "Understanding Product Liability Claims in Tennessee."

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I was hurt in a car wreck and told my insurance company about the wreck.  The claims adjuster said that I had $10,000 in medical payments coverage and that if I would send the bills in the insurance company would the bills up to $10,000.   Why should my insurance company have to pay for my medical bills when the wreck was not my fault?

Your insurance company will pay because you paid for this insurance coverage.  It can be very helpful to you if the wreck was your fault or if the you cannot find the driver who hit you.   It can also be helpful to help you pay co-pays and deductibles not covered by your health insurance.

The fact that your insurance company pays some or all of your medical bills does not let the other driver or that driver's insurance company off-the-hook.   You can still seek payment of the bills from your insurance company and, if the other driver is liable for the crash and the bills were reasonable and incurred for necessary medical services in connection with the wreck then you can collect them again from the at-fault driver and that driver's insurance company.  However, your insurance policy probably requires you to re-pay them if you receive payment for your medical bills from the at-fault driver and that driver's insurance company.

An experienced personal injury lawyer can guide you through your rights on these issues.

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My personal injury case settled three days ago.  I signed the check and gave it to my lawyer.  I still haven't got any money.  What is going on?  

When a personal injury case is settled, the insurance company sends a check and a release to the claimant's lawyer.  The lawyer asks the claimant to sign the release and endorse the check.  When the check is endorsed, it is deposited into the lawyer's trust account.  The lawyer cannot immediately write the client a check because the insurance company's bank has not yet paid the check.  It can take as many as 10 business days for a check to "clear."  As soon as the check clears the lawyer's bank the lawyer will be able to write you a check.

The lawyer may not be able to write you a check for all of the money to which you are eventually entitled.  For example, if you received Medicare benefits in connection with your personal injury, Medicare must be re-paid from the proceeds of the settlement.   Medicare is horribly slow about getting settlement figures to lawyers in these cases, so the prudent lawyer holds out more money than is probably required so that  he or she can be assured that there will be enough money to repay Medicare.    Thus, the lawyer may write you one check now and another check after the Medicare issue has been worked out.

There are several other reasons why a lawyer might need to hold some of your money in his or her trust account for a while.  If you don't understand why some or all of your money is being held by your lawyer, be sure to ask.  Almost certainly he or she will be able to put your mind at ease.

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I was in a trucking accident some time ago and was badly hurt.   I went to see a lawyer based on the recommendation of a friend at church.  I don't mean to be rude but the lawyer's office was a disaster.  The carpet was nasty, the place smelled like cigarettes, there were papers and books everywhere, and there was dust everywhere.  The lawyer was eager to represent me and said he would work on a contingent fee, but said I would have to pay the fee to file the case in court.  Is that normal?   Should I be concerned at the look of the office?
 

First, it is not normal for a personal injury lawyer to ask the client to pay court costs or any of the other costs of litigation.  Most lawyers in this type of case advance those costs, especially for people of low or moderate incomes,  and you are appropriately wary of a lawyer who asks you to advance those costs.

That request, and the condition of the office, may indicate that the lawyer is having some financial issues.  (Of course, it may just mean he is a cheap slob.)   The financial condition of the lawyer you hire is important, because the lawyer must have adequate resources to finance your case and work without pay while the case is pending.   A lawyer who cannot afford to finance the case may hire poor quality experts or not do things necessary to put your case forward in the best way,  all of which can hurt your ability to recover the true value of your case.   Likewise, a lawyer who is short on capital may recommend that you settle your case for a lesser amount than its true value to ensure that he gets paid for the work he has done.

Of course, this doesn't mean that a lawyer who drives a $100,000 Mercedes and has a fancy office in a big office building in a major city is the best choice for a lawyer.  Lawyers are just like everyone else, and lawyers who surround themselves with expensive things may well be purchasing or leasing things that they can't afford.    A $1200 suit may be owned by a man who can afford it, or it can be worn by a man who is trying to make you think he can.

So what do you do?   Hire a lawyer based on his or her reputation in the legal community and not just the recommendation of a friend.  The reputation of a lawyer in the legal community will not be largely influenced by how they look or what their office looks like but instead will be based on how the legal community believes that lawyer serves clients.  How do you determine the lawyer's reputation?   Review our Legal Guide to Understanding How to Hire a Lawyer in a Personal Injury or Wrongful Death Case for the answer to that question and a list of the other factors you should consider.

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I live in South Carolina 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 South Carolina 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  South Carolina 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 South Carolina 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.

So, you can hire a lawyer back home or you can hire a Tennessee lawyer from the outset.  We recommend that you read our Legal Guide "Understanding How to Hire a Lawyer in Personal Injury and Wrongful Death Cases" before you hire a lawyer in either state.

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I just settled my personal injury case.  We were a week away from trial when we settled.  When I got my money there was $5432 deducted for court reporter fees.  What are they and why did I have to pay it?

The typical  fee agreement in personal injury and wrongful death cases requires that the client reimburse the lawyer for out-of-pocket litigation-related expenses.  Many times, the most significant of these expenses are fees paid to court reporters.

Court reporters don't just write down and transcribe testimony in court.  They also write down and transcribe the testimony of witnesses and parties during the discovery phase of a lawsuit.  There is usually a court reporter at each deposition, and they charge not only for being present but also for writing down and transcribing testimony.  In Nashville, a court reporter charges about $2000 for one day of deposition testimony.  

The amount of your bills indicates to me that there were several days of depositions in your case.  Because your case settled so close to trial, it is also probable that depositions were taken of one or more of your treating doctors.

Court reporter fees are very high.  Experienced personal injury lawyers do what they can to keep the costs of court reporters down as far as possible, but the fact of the matter is that they are a case-related expense that is passed on to the client.

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My lawyer said that he needed to spend money on demonstrative evidence to help us win the case.  What is demonstrative evidence?

Demonstrative evidence are things that demonstrate or show information to the jury.   Demonstrative evidence may be an enlargement of an x-ray showing a fracture in a bone, a metal fixation device removed from a broken bone, a model of the scene of the accident, or a video that depicts a day-in-the-life of someone that suffered a catastrophic injury.    Demonstrative evidence also includes computer animations.

Demonstrative evidence tends to educate jurors by allowing them to see or touch something, as opposed to just hearing the spoken word.   

Demonstrative evidence can be an important part of personal injury and wrongful death cases, and good lawyers consider the use of one or more types of demonstrative evidence in every case - even in non-jury trials.

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I was hurt in a head-on automobile accident.  The driver that crossed the centerline and hit me died in the wreck.   Do I have legal rights against him even if he is dead?

Yes.   Although you can't sue someone who is dead, you can sue his estate.   If an estate is not opened for him, you (through your lawyer) can petition the court to have an estate opened so that you can sue it and collect the monies you are entitled to recover.

The fact that the person who hit you died does not relieve his insurance company of the obligation to defend the case and pay the monies to you that you are entitled to receive under the law (up to the liability insurance policy limits). 

An experienced personal injury lawyer will know how to help you through this process.   Remember that in Tennessee a personal injury claim must be filed against the responsible people within one year of the date of the accident.   Under these circumstances you will need act even more promptly than usual because the lawyer you hire will need to do extra work to get an estate opened for the decedent so that suit can be filed within one year of the date of the accident.

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My  neighbor mentioned that he settled his personal injury case and received a structured settlement.  What is that?

When personal injury and wrongful death cases are settled, money is often paid in a lump sum.  In other words, a check is made payable to the claimant and the claimant's lawyer.  The claimant's lawyer deposits the check in his or her checking account and, when the check has "cleared," the lawyer writes a check to the client.  The amount of the check to the client is reduced by attorneys' fees and expenses, and is often reduced by monies needed to pay off subrogation interests or medical liens.

In a structured settlement, the claimant receives sufficient up-front money to pay attorneys' fees and expenses, subrogation interests, and liens and some amount of money for the claimant  the claimant  also receives a contractual  right to receive payments in the future.   This right is in the form of annuity.    Payments can be monthly, quarterly, annually or every 5 years.  Indeed, there is virtually no limit to how the annuity can be structured.  

Structured settlements have certain advantages and disadvantages.  An experienced personal injury lawyer will often seek out the advice of a structured settlement broker to help you determine if a structured settlement is appropriate in your case.

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I was running an errand for my employer last week and was in car wreck.  The other driver ran a red light and broad-sided me.  My car was totaled and I spent three days in the hospital.  What are my rights?

You have two potential claims.  First, you have a worker's compensation claim because you were injured in the course of employment (assuming your employer has five or more employees).  

Second, you have a claim against the driver of the other car.  This is called a "tort" claim.

Since your injuries were serious enough to require hospitalization, you almost certainly could benefit from the assistance of an experienced personal injury lawyer.    This lawyer will be able to help you receive the benefits you are entitled to receive under the worker's compensation law and under tort law.

To preserve your worker's compensation claim rights be sure that your employer has notice that you were in the car wreck.  It is best to give notice in writing.   If the tort claim is not settled, a lawsuit must be filed within one year of the date of the wreck or your rights with be lost.  The time period for filing a worker's compensation claim is dependent on your medical treatment - an experienced lawyer can advise you of when you must act to protect your rights after he or she has been advised of your treatment course.

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I need to hire a lawyer in a personal injury case.  Should I take age into consideration?  I am worried about hiring a law who lacks experience.

I happen to think that 53 is a perfect age for a personal injury or wrongful death lawyer.  In a couple weeks, I will think that 54 is the perfect age.

Seriously, age is a relevant factor, but age can be misleading in several respects.  I remember about 25 years ago I was hired in a case and the opposing lawyer was at least 20 years older than I was.  He was confident and forceful and attempted to use his age as an advantage.  I looked him up in a legal directory and found out that he finished law school two years after I did - he attended law school after finishing another career.  

There are lots of "older" lawyers who finish law school later in life.  If they practice in the field of work they were in before they went to law school, they may have some expertise in that area that another lawyer may not have.  If they are practicing in another area, their extra years may provide no real advantage whatsoever.

A factor more important than age is experience.   For example, a lawyer who has been writing wills and real estate contracts for 40 years will almost always be less able to effectively handle a serious injury or wrongful death case than a lawyer with five years of experience handling those types of cases while  training with a lawyer who had experience in those types of cases.

Put it this way:   Who would you want to remove a brain tumor?   A 65 year old highly competent pediatrician or a 35 year old neurosurgeon who received his or her training a Mayo Clinic?   The same is true in personal injury law - you want a lawyer who has experience in the field, particularly if the early years of that experience was while training with a highly competent, respected lawyer.

There are lawyers with 30 or 40 or 50 years of experience in an area of law that no lawyer would ever hire to represent them - all of the grey hair in the world can mean absolutely nothing.  Experience does not necessarily mean expertise or even competence.

One of the best tests you can apply is whether the lawyer is truly respected by other lawyers in the field.  One example of that is the use of the legal guide Best Lawyers in America .   That publication and website asks lawyers who they would hire and publishes the results.   Age is clearly a factor in the decisions that result in being included in that publication, but young lawyers are not necessarily excluded - I have been named in the book since 1992 (when I was 36).   

So, is age a factor?  Yes, of course it is.  Is it the only factor?  No - experience, reputation, and integrity are much more important factors.   Of course, the passage of time and the opportunity to learn from excellent mentors are the only ways to gain true experience, and thus age will always be a relevant factor in making the important decision of whom to hire as your lawyer.

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I hurt my back at work.  I told my boss about it and he told me to go to the doctor.  The doctor said I needed to take off work for at least one week.  When I told my boss that he got angry and fired me.  What are my rights?

First, you still have a right to worker's compensation benefits (assuming your employer has five or more employees and thus is covered by the worker's compensation program.)

Second, you may have a claim for retaliatory discharge.  An employer cannot fire you for seeking or obtaining the benefits you are entitled to receive under the worker's compensation law.

You should talk to a lawyer about this issue.  Most lawyers will have an initial consultation with you at no charge.

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When I go on the Internet there seems to be lots of websites that will give me a list of lawyers. Are they  good places to go to find a lawyer to help me in a personal injury or wrongful death case?

Well, there is nothing particularly wrong with them.  However, you need to know that lawyers are constantly solicited by these websites and often pay money to be listed on them.   Thus, on many of these sites, the fact that an attorney is listed says very little about the lawyer's knowledge, experience, reputation or ethics.

There are several notable exceptions.  First, the American College of Trial Lawyers is a fine place to start if you are looking for a civil or criminal trial lawyer.   This is an invitation-only, highly selective organization that is regarded as the most elite organization of trial lawyers in this country.  

Second, you can look at the National Board of Legal Specialty Certification.  This organization certifies trial lawyers and requires that they have a certain level of expertise before they can become certified.

Third, you can look to a group like Lawyers.com.  Lawyers pay for listings on this website, but you have access to ratings given by other lawyers that reflect the lawyer's experience and reputation.  

Fourth, a relatively new lawyer-rating organization is Avvo.com.  The listing on Avvo is generally free (you can pay for higher visibility) but the site uses a program to rate lawyers.

As you can see, there are several different ways to get better information about lawyers on the internet rather than going to one of the pay-to-play sites.   For more detailed information about how to hire a lawyer I suggest you read our Legal Guide "Understanding How to Hire a Lawyer in Personal Injury and Wrongful Death Cases."   The Guide gives you a detailed list of the factors you should consider in making this important decision.

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 I was in a car wreck last week.  I  spent five days in the hospital and am now recovering at home.  I am getting a couple calls a day from the insurance adjuster for the driver that hit me.  The message he left for me is that he wants to take a statement from me about how the wreck happened.  Should I talk to him and give him a statement?

We do not recommend that our clients give a statement to the other driver's insurance company.  There are several exceptions to this general rule, but even then we do not permit our clients to give a statement without adequate preparation for the interview.

We do not prepare our clients by telling them what to say or encouraging them to lie.  In fact, just the opposite is true:  we encourage our clients to tell the truth about the circumstances giving rise to the wreck, the nature and extent of their injuries, and everything else.   Preparation is necessary because insurance adjusters are trained in asking questions, and may ask questions in such a way that the unprepared witness will make mistakes.   These statements are almost always tape-recorded and can be used against the person in court.

Thus, I recommend that you talk to a lawyer before giving a statement.   

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