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

 I am sure my case is going to settle soon. Can my lawyer lend me money toward the settlement I know I am going to receive?  I have lots of bills and the lawyer has said he will help me with some of those bills and I can pay him back out of my settlement?

No.  In Tennessee it is unethical for a lawyer to loan you money while he  is representing you in a case.    

Many personal injury victims have problems keeping body and soul together while their personal injury case is pending.  Many lawyers feel bad for the client and want to help them.  Indeed, from time to time we hear rumors of some lawyers actually offering potential clients money to persuade the client to employ them to handle their case.

Regardless of the motive of the lawyer, giving or loaning a client or potential client money is wrong.  A lawyer who promises to do so or actually does so should be reported to the Tennessee Board of Professional Responsibility at 800.486.5714.

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 I was running an errand for my employer last week and was in car wreck.  The other driver was passing me, but turned in to our lane too early, hitting the front of my car and spinning me into the median where my car rolled-over.  My car was totaled and I spent five 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 was hit at an intersection by a car belonging to the local sheriff's department.  The deputy ran a red light.  He did not have his emergency lights or siren on when the wreck happened.  Can I sue the deputy for the injuries I received?

No, but you can sue the Sheriff's department.  The individual deputy is immune from suit if the wreck was caused while he was on the job, but the Sheriff's department (county government) is responsible for the acts of the deputy.

Tennessee limits the amount of damages that can be awarded against a local government.  For wrecks occurring on or after July 1, 2007,  a "governmental entity" may not be required to pay more than $300,000 for any one person injured in an auto wreck or more than $700,000 for all people injured in a wreck. 

Different rules apply for medical malpractice cases.

If the deputy was not on the job at the time of the wreck he could be held personally responsible for his actions.

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

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

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

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 was in a wreck and my car was totaled.  Does the at-fault driver's insurance company have to rent me a different vehicle?

Legally, no but practically that frequently occurs. Technically, in Tennessee the person who caused the wreck must pay for “loss of use” of your car. That loss is often measured by the cost of renting a replacement vehicle.

However, do not go out to a big-name car rental company and rent a replacement car and except the other driver’s insurance company to pay for it. Those companies often have contracts with lesser-known rental companies that charge less for rental cars. So, make sure you have a clear understanding with the other driver’s insurance company about what car you can rent and who will pay for it before you rent a replacement vehicle.   Better yet, let your lawyer help you with this issue. 

Your may also have replacement car coverage on your insurance policy.

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Is there PIP coverage in Tennessee?

No. Tennessee does not have a no-fault system and therefore does not have PIP (Personal Injury Protection) coverage as a part of automobile or truck liability insurance policies issued in Tennessee. However, if you live in a state that has no-fault and PIP coverage, your insurance policy may give you benefits not available to Tennessee residents. If you are from out-of-state but were injured in a car or truck wreck in Tennessee, the attorneys at Law Offices of John Day P.C. will be happy to review your insurance policy and determine what benefits it provides under the circumstances.

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 My husband was killed in a car wreck in Tennessee.   He earned about $40,000 per year.  We have three children, two under the age of 18.  What damages are we entitled to receive from the person who caused the wreck?

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I am thinking about hiring a personal injury lawyer.  What obligations do I have as a client of a personal injury lawyer?

I can answer that question only in regard to the expectations of our Tennessee personal injury law firm. We believe that the lawyer / client relationship is a special one and, just like the lawyer has certain obligations to the client, the client must do certain things to assist the lawyer in the representation. We expect the following of our clients:

• You have an obligation to tell your lawyer the truth.
• You have an obligation to tell your lawyer the truth even if you think it will hurt your case or the truth embarrasses you.
• You have an obligation to truthfully testify at trial and in depositions.
• You have an obligation to truthfully answer interrogatories.
• You have an obligation to produce documents in your possession that your lawyer asks you to produce.
• You have an obligation to promptly respond to your lawyer’s requests for information.
• You have an obligation to let your lawyer know of changes in your medical condition.
• You have an obligation to let your lawyer know if you move or you change your phone number.
• You have an obligation to tell your lawyer if you are injured in another incident.
• You have an obligation to tell your lawyer if you are arrested or get a traffic ticket.
• You have an obligation to tell your lawyer if you are contemplating filing for bankruptcy.
• You have an obligation to listen to and carefully consider your lawyer’s advice. You are not required to take the advice, but you should listen carefully to the advice and understand the potential impact to your case if you do not take the advice.

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I was running an errand for my employer last week and was in a wreck with a pick-up truck.  My car was stopped in traffic on Interstate 40 near Lebanon, Tennessee and the pick-up rear-ended my car at a high rate of speed.  My car was totaled and I spent five 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 hear personal injury attorneys advertise that they will work on a "contingent fee."   What does that mean?

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I am sure my case is going to settle soon. Can my attorney lend me money toward the settlement I know I am going to receive?

No.  In Tennessee it is unethical for an attorney to loan you money while he or she is representing you in a case.   Rumor has it that some attorneys will promise potential clients that they will help them with living expenses and that some attorneys actually do it.   Indeed,  some people say that some attorneys will offer money to clients in an effort to get hired by the clients.  However, this is  wrong, and an attorney who promises to do so or actually does so should be reported to the Tennessee Board of Professional Responsibility at 800.486.5714.   This sort of conduct can result in discipline against the attorney, including the loss of his or her law license.

Why should you care about the ethical failings of an attorney?  If the attorney is willing to risk his or her law license to get  your case, do you really think you can trust them to represent you with your best interests in mind?

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I have a personal injury case.  The at-fault driver's insurance company has offered me $33,000 to settle the case.  I don't think it is enough and I want a trial.  Will the jury know that the defendant offered me $33,000? 

Under Tennessee law, the answer is generally "no."  Absent exceptional circumstances, settlement offers are not admissible into evidence at a trial.  

Likewise, settlement proposals are not admissible into evidence at ta trial.  Therefore, if you offered to settle your case for $50,000, and then went to trial and sought a greater amount of damages, the insurance company would not be permitted to tell the judge or jury that you were willing to settle for $50,000.

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 I was hurt in a car wreck in Sparta, TN.   I lost six weeks from work but I am now back to work and think I will be able to work in the future.   I hired a lawyer but we could not get the case settled.  A lawsuit was filed.  Now, the insurance company of the guy that hit me says they want my federal tax returns.  I don't think it is any of their business.  Can they make me give them my tax returns?

Probably not, although the defense  does have a right to have proof of your loss of income.

If our clients are uncomfortable about releasing their tax returns, we typically argue that tax returns are not discoverable in personal injury cases and instead will produce only the W-2 forms (which show the income earned from each employer).  Our position is the tax return contains much more data than income information and that in a person injury case it is only data about income that has anything to do with the case.

The situation is a little different if we represent a person who owns his or her own business and he or she does not take a regular paycheck.  Under those circumstances we have to turn over additional data to the defendant.

I must concede, however, that some judges will make us turn over our client's entire tax return even though we object.  If a judge orders us to do so we of course do it.

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My mother was hurt in a nursing home in Chattanooga.  What it the time limit for filing a lawsuit against a nursing home in Tennessee?

You should assume that you must take appropriate legal action within one year of the date of the negligent act unless a lawyer aware of all of the facts advises you that you have more time. 

As you might guess, it is possible that there is an exception to the rule expressed above, but the application of the exception is fact-dependent and the law on the issue is complicated.  Thus,  please contact a qualified lawyer quickly so that an appropriate investigation can be made and the lawyer can determine the validity of the claim.  

The failure to bring suit in the time required by law will result in a loss of your rights.

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I won a personal injury trial in circuit court in Smith County, Tennessee?  How long does the defendant have to appeal the jury verdict?

First, the court has to enter a judgment on your verdict.   The defendant then must file a notice of appeal to the Tennessee Court of Appeals within 30 days.

However, the defendant can ask the trial court to set aside the verdict, grant a new trial or reduce the verdict.  If the defendant wants to do this, the appropriate papers must be filed within 30 days after the judgment is entered in your case.   If the defendant files these papers on time, the court will usually have a hearing and then issue a ruling.  If the court refuses to set aside the jury verdict or grant a new trial, the defendant will have 30 days from the date that of the court's order to appeal.  If the court reduces the verdict, you can accept the lower amount, accept it under protest and appeal within 30 days, or elect to have a new trial.  

So, a jury verdict is in one sense the end of a case and in another sense simply sets in motion the right of the losing party to complain about the result.  In fact, even the winning party can complain that not enough money was awarded.  

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 I just discovered that my husband has been sexually abusing my 12-year old daughter.  What do I do?   I am scared and very angry.

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I have received long term disability checks for four years.  I received the policy as part of my employment with former employer.  The insurance company that issued the disability checks now claims I am no longer disabled.  What do I do now?

You should promptly contact a lawyer who is experienced in handling disability cases.  He or she will review your policy, the materials you have received from the insurance company,  and your medical records and let you know what rights you have.  You probably have a limited time to appeal the decision made (I would have to review your policy to know for sure) and the appeal process is extremely important.

You are strongly recommended not to attempt to appeal the case without the assistance of an experienced lawyer.  Your policy is almost certainly covered by a federal law known as "ERISA" that limits the ability of a court to reverse any decision made by the insurance company.  In addition,  in the event later court action is required the contents of your file with the insurance company must contain all of the evidence necessary and readily available to demonstrate that you are disabled within the meaning of the policy.  Experienced disability insurance lawyers know who to assemble and present information that will help you win the appeal or, if not, help a court be able to reverse an insurance company's position to deny your benefits.

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 My husband was hurt in a car wreck in Tennessee on November 19, 2010 and died in the hospital on December 21, 2010.  What is my deadline for filing a lawsuit against the driver who caused the wreck?

Unless a lawyer familiar with all of the facts advises you to the contrary,  you should assume that you must file suit a lawsuit against the responsible parties before the one-year anniversary of the wreck.  

In some states the date of death triggers the start of the time period to take legal action.  That is usually not so in Tennessee.   Thus, to be safe work under the assumption that the one-year period starts to run from the date of the original injury that later resulted in death.

Of course, you should not wait that long to contact a lawyer.  Valuable evidence can be lost as time passes, and delay increases the possibility that all at-fault parties will not be timely identified and located.

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My wife was killed in a car wreck.  She was not working at the time of her death but planned to go back to work when our daughter went to school.  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. Each of these types of damages are included in the definition of the “pecuniary value of life.”

The loss of earning capacity claim can also take into account the value of your late wife's services as a homemaker.   

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.

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