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

My daughter, a high school student, was  run off the road by a tractor trailer.   She was badly hurt and had to miss a semester of school.  It looks like she will have permanent injuries as a result of the wreck.  What damages can she recover?

At the outset, let me remind you that no damages can be recovered unless you can prove that the truck driver negligently caused your injury.  The case you describe can be difficult, particularly if there was no impact between your vehicle and the truck and if there are no witnesses to the event. An experienced personal injury lawyer can help you determine the likelihood of success of your case.

Now, back to your question.  In a personal injury cases arising from accidents with trucks, you can recover monetary damages for past and future medical bills incurred because of the injuries, past and future physical pain and suffering, past and future mental or emotional pain and suffering, loss of earning capacity, disability, lost capacity for the enjoyment of life, and disfigurement.

A significant part of many personal injury claims in the recovery of the reasonable medical bills necessarily incurred as a result of the incident. To the extent that the injuries likely require on-going medical bills in the future, those future medical expenses can also be recovered.

Physical pain and suffering is physical discomfort caused by an injury. In the event you suffer an injury that will cause pain in the months and years after a settlement or trial, you can recover damages for that as well.

Mental or emotion pain and suffering includes anguish, distress, fear, humiliation, grief, shame, or worry.

Disfigurement is a permanent injury that impairs a person’s appearance. This includes permanent scars and lost limbs.

Lost capacity for the enjoyment of life compensates the injured person for limitations put on the ability to enjoy the pleasures of life as a result of an injury. This includes the inability to engage in activities you once enjoyed.

Disability is the loss of your ability to do the same physical things that you did before you were injured.

Loss of earning capacity is the loss of your ability to work and earn money. It may be an amount equal to your lost wages as a result of the injuries you received in the incident. If you have suffered permanent injuries that affect your ability to work and earn money, it includes those monies you are likely to lose in the future because of your injuries.

The reason loss of earning capacity may exceed lost wages is because sometimes it can be shown that a person is earning a particular wage only temporarily and will be progressing up the income ladder. For example, if a high student is injured and can never work again, it would be unfair to say that the student’s earning capacity is what he or she was making at a part-time job at the local Sonic. Instead, expert witnesses are employed to demonstrate the likely earnings of the student over his or her work-life expectancy if the injury had not occurred.

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I was in a car wreck several months 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.

Let me add one thing.  The amount of insurance does not influence the value of your case. In other words,  the value of your case depends on the nature and extent of your injuries, the amount of your medical bills, and many other factors.  (Read more on the damages recoverable in personal injury cases in Tennessee here.)  The amount of liability insurance is not a factor and in fact the jury is never about the existence, much less the amount, of insurance.  The amount of insurance only determines the likelihood of being able to recover the full amount of the damages you sustained.  If there is an insufficient amount of insurance available, you will be forced to try to collect the excess from the driver and the trucking company.

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My car was hit at a local intersection.  The guy that hit me ran the red light - and admitted that he did so - but he police officer didn't even give him a ticket!  Why not?  I have called the officer four times to ask why but she won't return my call.

Police officers have discretion about when they write a ticket, and sometimes they simply choose not to do so.  I must confess that I don't always understand why tickets are issued in some cases and not in others,but the fact of the matter is that police officers do not issue tickets in many automobile wreck cases when they would have the perfect right to do so.

The fact that no ticket was written will almost certainly not hurt your case, especially if the police report indicates that the other driver admitted fault.   A statement by a police officer in a police report that the other driver admitted fault will carry a lot of weight with his insurance company as it decides whether or not to promptly resolve the claim. 

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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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My case just settled.  I went to my lawyer's office today, and signed the check and a release of all claims.  My lawyer then said that he needed to put the check in his trust account and I could have my money in about 10 days.  Can he do that?

Your lawyer is doing exactly what he should do.  Lawyers maintain trust accounts to hold client funds.  Your lawyer was required to deposit that check into his trust account and not disburse any funds until the check was paid by the issuing party's bank. 

Some checks take as long as ten business days to clear.  Believe it or not, last year I had  a settlement check issued by a defendant bounce.  Thus, if I would have paid the money to my client without ensuring the check had been paid by the issuing bank I would have been giving my client money that belonged to another client.  That would create a big problem, both for my clients and for me.

So, your lawyer is handling this situation exactly the way he should handle it.  You should take some comfort knowing that he is protecting your money as required by the ethical principles applicable to the legal profession.

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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).  To the extent that the value of your case exceeds the amount of insurance available, you will also have a claim against the assets of the deceased driver.

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I was hurt in a car wreck in Lebanon, Tennessee last year.  I hired a lawyer two months after the wreck.  He called me last week, and told me he forgot to file my lawsuit on time.   He said he filed it late and hopes that the other side won't say anything but that if they figure it out my case will be dismissed.  What do I do now?

Your lawyer did the right thing by telling you that he made an error.  The failure to file a lawsuit within the one year period required by Tennessee law is legal negligence absent extraordinary circumstances not apparent from your question.

You need to hire a different lawyer to help you evaluate your case and, if necessary and appropriate, assert a claim against the lawyer.  To prove your case, you will need to prove that the lawyer committed malpractice by not filing the case on time.  You will also need to prove that more likely than not you would have won the underlying case (the care wreck case).  Lawyers refer to this second case as "the case within the case." 

Do not attempt to reach a settlement with the lawyer without seeking independent advice.  You need a different lawyer to help you evaluate the case. 

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I was badly hurt in a car wreck.  The wreck was caused by a State of Tennessee employee driving a state vehicle.  The State employee was working at the time.  I have heard that the State's liability is limited to $300,000.  Is that true?

Yes, in Tennessee the State is responsible for the negligence of its employees who cause car wrecks but the State's responsibility is limited to $300,000.  If the negligent state employee hurts a whole carload of people the recovery is up to $1,000,000 but no one person may recover more than $300,000.  

This is true regardless of the size of the medical bills, the lost wages, or the nature of the injury.   The restriction on recoverable damages is based on a law passed by the Legislature.

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What is the significance of Martindale ratings in determining what lawyer to hire in a personal injury or wrongful death case?

The Martindale publication has been around for many decades and assigns ratings to law firms and lawyers based on votes cast by other lawyers in the community.   

Law Offices of John Day P.C. is recognized by Martindale  as a Preeminent Law Firm. John  Day earned an AV rating, the highest rating available, in 1993 at the age of 36 and held that rating for over 17 years. The rating system has now changed and John’s rating is “Preeminent,” with a rating of 5.0 out of 5.0, the highest possible rating.  Brandon Bass, another lawyer in the firm, also has a rating of "Preeminent," with a rating of 4.9.

Once again, the legal rating system is subjective. It is (and should be) very difficult for younger lawyers to get high ratings. Nevertheless, these ratings are another factor you should consider in determining which personal injury lawyer you should hire because a lawyer's rating gives you some indication of the reputation the lawyer has in the legal community.

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I am involved in a medical malpractice case in Tennessee state court.  How many jurors must agree to a given result?

Unless the parties to the lawsuit agree otherwise, twelve jurors will decide the case and all twelve must find in favor of the plaintiff (the person bringing the lawsuit) or the defendant (the person or entity that has been sued.)  If less than twelve people agree on the outcome, the judge will declare a mistrial and the case will have to be tried again.

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I have interviewed a lawyer from out-of-state and she explained that she will have no problem representing me in Tennessee because she has a private plane and can be here in just a couple hours.  Should that concern me?

Some lawyers use the fact that they have private planes as a marketing tool. If you hire such a lawyer, make sure you understand how much you will be charged for use of the private plane during your case. Private plane expenses can be much higher than commercial air travel or ground travel, and you need to know how you will be charged for these flights. Responsible lawyers who use private planes in their law practice will charge you only the cost of what a commercial airline would charge for a pre-purchased, coach ticket on a commercial airline for the same flight.  

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I believe I have a medical malpractice claim against a Tennessee hospital.  It is my understanding that lawyers who accept representation of patients in medical malpractice cases only get paid if they win the case but that they also charge for the expenses they incur in pursuing the case.  What type of expenses are incurred in the prosecution of a medical malpractice case? 

Most lawyers who represent patients in  medical malpractice litigation ask to be reimbursed for expenses they incur in prosecuting your case. Some lawyers hold the client responsible for those expenses if the case is unsuccessful. Other lawyers will “write-off” some or all of those expenses if the case is unsuccessful. The written fee agreement between you and the lawyer should disclose whether the client will be responsible for expenses if the case is unsuccessful, and therefore you should examine it carefully before agreeing to employ any lawyer.

Here is a list of the types of expenses that may be charged to your case:

i. Expert Witness Fees. Some cases require, and many cases benefit from, the use of one or more expert witnesses. Expert witnesses charge by the hour – some medical experts charge as much as $1500 per hour to consult with a lawyer and give testimony at trial. In some cases there are no expert witnesses and therefore no expert witness fees. In medical malpractice cases expert witness fees frequently exceed $50,000.

ii. Doctor Fees. In cases involving personal injury and wrongful death, including medical malpractice cases, a doctor usually must testify that the incident that is in dispute caused the client’s injury or death. These witnesses also testify about whether the injuries caused pain, suffering and disability and whether there is any permanent pain, suffering or disability caused by the incident. These doctors – usually the doctors who treated you in the hospital or on an out-patient basis – charge $300 to $1000 per hour to testify in your case.

iii. Court reporter Fees. Court reporters transcribe depositions and trial testimony. Court reporter charges vary, but it costs about $2000 per day to have a court reporter present at a deposition or trial and to have a copy of a transcript prepared.

iv. Videographer Fees. Experienced personal injury and wrongful death lawyers know that video-taped depositions are very useful at trial and will ask that depositions of certain witnesses be video-taped if the dollar value of the case justifies the expense. Professional videotaping of a deposition costs about $1000 per day.

v. Demonstrative Aids (Exhibits). Some exhibits (photographs) are inexpensive. Other exhibits (computer animations of medical procedures) are very expensive. Experienced personal injury and wrongful death lawyers take the dollar value of the case into account in determining what exhibits are necessary to maximize the value of the case.

vi. Travel. Sometimes the case involves out-of-town witnesses and thus the lawyer must travel. The expenses attendant to such travel are charged to the client as case expenses. The amounts of those expenses vary from case to case, but these expenses can be significant in medical malpractice cases because expert witnesses frequently reside in another state. Two other points must be mentioned here. If you employ an out-of-town or out-of-state lawyer you may be charged for travel expenses for that lawyer to work on your case in Tennessee. This will decrease your recovery. Make sure you understand if you have to pay the lawyer’s expenses for traveling to see you or to work on your case and weigh that factor in determining whether you should hire that lawyer or a local lawyer. Second, some lawyers use the fact that they have private planes to impress clients. If you hire such a lawyer, make sure you understand how much you will be charged for use of the private plane during your case. Private plane expenses can be much higher than commercial air travel or ground travel, and you need to know how you will be charged. Responsible lawyers who use private planes in their law practice will charge you only the cost of what a commercial airline would charge for a pre-purchased, coach ticket on a commercial airline for the same flight.

viii. Miscellaneous Expenses. Lawyers also include as case costs the out-of-pocket expense incurred for conference calls, long-distance calls, photocopies, postage and express delivery service.

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What is the deadline for filing a medical malpractice case in Tennessee? 

The short answer to this question is one year plus one hundred-twenty days. But the issue is really more complicated than that.

Generally, medical malpractice cases must be initiated within one year of the incident which causes the injury. For example, if a doctor performs surgery on the wrong arm of the patient, the patient will have one year from the date of the surgery to initiate a claim. A new Tennessee law requires that medical providers be given 60 days advance notice in the proper form before being sued for medical malpractice. The notice must be given before the expiration of the time limit for initiating the claim, so generally within one year. If proper notice is given, the deadline for filing the lawsuit is then automatically extended by 120 days.

Medical malpractice claims are subject to what is known as a “statute of repose.” A statute of repose imposes an absolute time limit for bringing a claim regardless of the age of the injured person or when the person became aware of an injury. The statute of repose for bringing a medical malpractice claim is three years. This means that a medical malpractice lawsuit must be filed within three years of the date of the malpractice, regardless of the age or competency of the injured person or when the injury is discovered.

Certain exceptions apply to these general rules such as instances when an instrument or sponge is left inside the patient and the patient is unaware. In this instance, the time limit for bringing the lawsuit is one year from the date of discovery.

There is lots of room for error here, and all lawyers would tell you that determining the deadline for filing suit in a particular case is very complicated. Therefore, the safest course of action is to contact an attorney as soon as possible if you believe you may have a claim. Unless a lawyer with knowledge of all of the relevant facts advises you to the contrary, you should assume that you have one year from the date of the incident causing you an injury to give the formal notice of medical malpractice claim described above. In the malpractice resulted in the death of the patient, you should assume that proper notice must be given within one year of the injury that later caused the death unless a lawyer with knowledge of all of the relevant facts advises you that you have more time.

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I have a personal injury case that must be filed in Tennessee.  Are there any caps on damages in these cases? 

Not under current law.  However, the Tennessee General Assembly has recently passed a law that the Governor is expected to sign that will cap non-economic losses in most cases at $750,000.  In a few cases the cap is raised to $1,000,000.

Non-economic damages are damages for pain, suffering, disfigurement, disability, and loss of enjoyment of life.

The new law will apply to all injuries (and deaths) that accrue on or after October 1, 2011.  It is apparent from your question that your injury has already occurred.  Therefore, the only cap on damages in your case (unless your case is against a governmental entity) is the considered judgment of the jury.  Damage claims against governmental entities have been capped for years.

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If I file a personal injury lawsuit will the person I am suing be able to see my medical records? 

Your medical history is important in any case in which you are claiming to have suffered a physical or psychological injury as a result of someone else’s negligent or intentional act. Your medical history establishes the baseline of your physical or psychological well being before the injury. You can only recover in the lawsuit for the injury caused by the act or omission of the responsible person. You may not recover damages for physical and mental suffering or medical care necessitated by preexisting conditions. When a preexisting condition is made worse you can recover damages for the worsening of the condition. Your medical history will be important to proving this claim.

In Tennessee, most judges will permit your opponent to see your medical records if the the request  "is reasonably calculated to lead to the discovery of admissible evidence."   Thus, if you injured your leg in the incident giving rise to the litigation, the records for prior medical treatment at an OB-GYN may be able to be kept private.  

Experienced personal injury lawyers have a good idea how much medical information will need to be disclosed to the other side.   Every situation turns on the precise facts.

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I have been seeing a social worker for martial problems. The therapist asked me all sorts of questions about my sexual history and found out that I had been raped when I was in college and that I have had a bunch of issues with sex since then.   He came on to me and we have had a sexual relationship for the past four months.  My husband just found out  about it and is furious.  I am now seeing a psychologist and having a bad time.  The psychologist has said that it was professionally inappropriate for the social worker to have a sexual relationship with me.  What are my legal rights?

Tennessee law would permit you to bring a malpractice case against the therapist for his conduct.  You would have to prove that it was inappropriate for the therapist to have a sexual relationship with you, and would need the testimony of another therapist to establish that (unless the therapist admitted was he did was wrong).

The issues in these cases can become very complex.  If you want to pursue this matter, contact an experienced lawyer as soon as possible.  Tennessee has deadlines for taking legal action in this type of case.

Remember this:  it is always possible that this claim might be resolved without litigation, but a lawsuit might be necessary.  If a lawsuit is filed, your deposition will be taken and you will be talking about some very personal issues with strangers.  Be sure that you have a candid conversation with your lawyer about this and understand what this litigation is all about before any lawsuit is filed on your behalf.

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I am a veteran and receive my care at the local VA hospital.  They made an error and injured me for life.  Can I assert a medical malpractice claim against them, or are they protected from lawsuits because they are a government agency?

The VA can be sued for medical negligence, but certain special rules apply and the failure to follow them can have very serious consequences.   Claims like yours are governed by the Federal Tort Claims Act.

As but one example, a special form must be filled out and filed to initiate the claim.  This form gives the government formal notice of the claim and suit cannot be filed until six months after proper notice has been given.  The completion of this notice form can materially affect the right of the claimant, and therefore it is recommended that a lawyer be consulted before notice is given.

After suit is filed, a medical malpractice claim against the VA proceeds like most other medical malpractice claims, except that the case is defended by government, not private attorneys.  There is no right to a jury trial. Instead, the case is decided by a federal judge.

Our firm has represented claimants in FTCA claims and, in fact, have a trial against a different federal government agency this summer.  The case will be tried in Federal Court in Nashville in June.

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 I was raped.  The police found the rapist and he is in jail.  Can I sue him?

 Rape is a crime that will result in prison time but it is also what is known as a "tort." There are many different types of torts, but rape would be the civil tort of battery.  Battery is the unlawful touching of another person. Thus, a rapist can be sued and imprisoned for the same conduct.

The problem with suing rapists is that they may not have money and therefore it will be very difficult to collect the damages you win.  Hopefully, the person who did this to you will be going to prison and therefore will not be earning any real income, but that of course has the practical effect of making it difficult to collect damages from him.

That being said, it makes sense to talk to an experienced personal injury lawyer and let him or her help you determine if you have a case that can be pursued.  Some rapists do have financial resources, and thus it makes economic sense to sue them.  Also, depending on the circumstances, there may be other persons who also share responsibility for the rapist's acts.  In Tennessee you should assume that legal action must be filed against the rapist within one year of the date of the rape unless an experienced lawyer who is aware of all of the facts tells you that you have more time.

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I haven't filed tax returns in over filed years - I have been working and making money but I just didn't get around to filing the returns.  I was hurt in a wreck and missed four weeks of work.  

You might, but if you push too hard you may find yourself in the situation where the IRS finds out that you have not filed tax returns and you may face criminal and civil penalties.   Also, if the jury finds out that you have not been filing tax returns and paying taxes as you should it may hurt your case.

Defendants in cases frequently ask for income tax returns to prove loss of earnings claims, and it your income is not reported it makes it very difficult to recover it.  This is often a problem in cases involving small business owners, who all too often understate their income and overstate their expenses in an effort to reduce their taxes.  Doing so is not only illegal but also hurts your ability to prove your true damages in a personal injury or wrongful death case.

This is yet another reason to fulfill your duty to our country and file tax returns and pay the taxes you owe.  None of us like to pay taxes, but the way to have your voice heard on that issue is through the ballot box, not cheating on your taxes.  To be sure, take legitimate deductions and seek tax advise as appropriate, but pay what you owe.

If you get hurt to the extent you are losing income but you have not filed returns or paid taxes as required by law, tell your lawyer about it as soon as possible.   An experienced personal injury lawyer can help you with this issue.

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 I was in a bad car wreck.   I had $100,000 in medical bills and missed fifteen weeks of work  (I make $1200 per week as a plumber).   I am probably going to have to have another surgery.  My doctor also says I will have arthritis in my left leg for the rest of my life.   I just found out that the person who hit me only has $100,000 of liability insurance.   That is not enough for what she did to me.   Can I force the person who caused the wreck to pay me out of his pocket?

A person or company is always liable for all of the harm they negligently cause.  A person purchases insurance to reduce his or her own risk of coming out of pocket to pay for that harm, but if the harm caused exceeds the amount of insurance purchased  she is liable for the rest.  

The problem, of course, is collecting from a person who causes harm.  To make a payment to the injured person over and above the amount of insurance the person who causes harm must have assets, income, or both.   Many people have very few assets and insufficient income to make a payment to the person who they hurt.   If pressed, these people will often just file bankruptcy and the bankruptcy court will discharge the obligation.   (There are some exceptions to this.  For example, the bankruptcy court will not discharge the lawsuit-related obligation of a drunk driver or a person who intentionally harms another.) 

An experienced personal injury lawyer will help you evaluate the factors you should consider in determining how hard to press the defendant to make a personal contribution over and above the liability insurance policy available for the claim.  This often requires an attempt to get the at-fault driver to disclose his assets and income information.  Smart people do this, knowing that the failure to do so will result in a lawsuit and probably bankruptcy.

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 I was hurt in a car wreck.  My left arm and leg were injuried.  I don't need surgery right now but who knows what will happen 10 years from now.  Can I settle my case for my medical bills, my lost wages, and my pain and suffering and an agreement that the at-fault driver's insurance company will pay my future medical bills if I have any?

You can try, but in 29 years as a lawyer I have never seen the argument work.  If the at-fault driver's insurance company believes that its driver is at fault and they want to settle the case, they want to settle all personal injury-related claims at one time.   (They will usually settle property damage claims seperately.)   They will not agree to leave open the issue of future medical expenses.

Thus, if a doctor says you will probably need a future surgery because of the injuries you sustained in the wreck, the cost of that surgery and related damages can be part of settlement negotiations.  If the doctor says that future surgery is possible, then the amount of the possible surgery cannot be included.  If there is a trial, the court will allow testimony only on whether a future surgery is probable and, if a doctor says it is, then the court will allow presentation of evidence on the cost of the surgery and related damages.

I hasten to add that worker's compensation cases are different and, in those cases, it is very common that the employer bears the responsibility of paying future medical bills related to the injury even after a settlement or trial.  Be sure to ask your worker's compensation lawyer what responsibility the employer will have for your future medical bills before you accept any settlement proposal.

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I was involved in a wreck with a big truck. I know I need a lawyer but I don't know what lawyer to hire.   What are the factors I should consider in hiring a personal injury lawyer?

I suggest that you look our Legal Guide titled "How To Hire A Personal Injury or Wrongful Death Lawyer."

This Legal Guide is a very comprehensive list of factors that lawyers consider in determining which lawyers they should seek out when they need assistance with a complex personal injury or wrongful death case. We think that you will find this Legal Guide very helpful. 

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I was involved in a wreck with a big truck.  I know I need a lawyer but I don't know what lawyer to hire?  What are the factors I should consider in hiring a personal injury lawyer? 

I suggest that you look our Legal Guide titled "How To Hire A Personal Injury or Wrongful Death Lawyer."

This Legal Guide is a very comprehensive list of factors that lawyers consider in determining which lawyers they should seek out when they need assistance with a complex personal injury or wrongful death case.  We think that you will find this Legal Guide very helpful.

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I was in a car wreck about 6 months ago.  The other driver admitted fault.  My medical bills are about $35,000.   I have been released by my doctor.  My lost wages are $12,000.   How quickly will my case settle?

At the outset you need to understand that your case may not settle at all.  In Tennessee the insurance company does not have a duty to settle your case and in fact does not even owe you a duty to fairly evaluate your case.    It can settle a case, or not settle a case, on whatever schedule it wants to put in place.

However,  if the insurance company wants to settle the case it needs to have information from your lawyer.  At an absolute minimum, the company needs the accident report, your medical records and bills, perhaps some of your previous medical records, proof of lost wages from your employer, and an understanding of how the injuries have impacted your life.  To the extent you claim a permanent injury, future medical expenses, future loss of earning capacity, or other damages, the insurance company will need proof of that.

Lawyers communicate this information by way of a settlement demand.   All of the relevant information is gathered and the important information is highlighted in a letter.  In our office we attempt to gather all of this information before your are released from your doctor (except the final office note) and have a demand package ready to go to the insurance company within thirty days of when medical treatment is complete.  Lack of cooperation from one of the providers of information will affects the lawyer's  ability to get the demand package out on time.

Insurance companies always ask for more time to evaluate the demand package.  Then, the negotiations start and those can last several weeks even if everyone agrees that the case should be settled.

So, the short answer to your question is there are too many variables to say if your case will be settled and how quickly it will be settled.   It is fair to say that a case cannot settle if your attorney does not promptly gather and exchange information with the insurance company.  This is yet another reason to hire an experienced personal injury lawyer who will aggressively pursue your rights. 

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 I was hurt in a head-on automobile accident caused by a careless pick-up truck driver.  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 has not been 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.  Any recovery would come from the liability insurance coverage that the decedent had that was applicable to the wreck and, to the extent that the damages awarded exceeded the insurance coverage, from the assets of the estate.

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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 I was hurt in a car wreck in Carthage, Tennessee  last year.  I hired a lawyer one month after the wreck.  She called me last week, and told me she forgot to file my lawsuit on time.   She said he filed it late and hopes that the other side won't say anything but that if they figure it out my case will be dismissed.  What do I do now?

Your lawyer did the right thing by telling you that she made an error.  The failure to file a lawsuit within the one year period required by Tennessee law is legal negligence absent extraordinary circumstances not apparent from your question.

You need to hire a different lawyer to help you evaluate your case and, if necessary and appropriate, assert a claim against the lawyer.  To prove your case, you will need to prove that the lawyer committed malpractice by not filing the case on time.  You will also need to prove that more likely than not you would have won the underlying case (the care wreck case).  Lawyers refer to this second case as "the case within the case." 

Deadlines apply to cases against lawyers.   Ordinarily, you must file a malpractice case against a lawyer within one year of the time you discovered or reasonably should have discovered that you had a claim against the lawyer.  

Do not attempt to reach a settlement with the lawyer without seeking independent advice.  You need a different lawyer to help you evaluate the case and determine a fair value for the case.

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My husband was hurt in a car wreck when a state employee driving a state vehicle ran a stop sign.  I think I read somewhere that the State of Tennessee and its employees can't be sued.  hat doesn't seem fair.   

The employee cannot be sued if the injury was caused by negligence and the employee was working for the State at the time of the wreck.  However, the State can be held responsible for the negligence of its employee under these circumstances, but some of the procedures are much different than those applicable to a private business. 

The claim against the State is not filed in court but instead is asserted as a claim through the Tennessee  Claims Commission.  Proper notice of the claim must be given and, if the claim is denied (it usually is) then a formal claim must be filed.  The entire process is administered through the Claims Commission.  The Attorney General's Office defends the State.

There is no right to have the case decided by a jury.  Instead, a Claims Commissioner decides the case.  Damages for any one person are limited to no more than $300,000, regardless of the severity of the injury.
 

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I live in Tennessee.  My son  was sexually abused by a neighbor when he was 14.   He is 18 now. Can my son sue the abuser, or has the time for taking legal action expired?

Yes.  Tennessee law requires that he must  file suit before his 19th birthday.   The failure to file suit by his 19th birthday will result in a loss of his 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 lawyeras soon as possible.   Make sure you discuss this with your parents as soon as possible if you have not already done so. 

NOTE:  the right of minors to file lawsuits at any time before their 19th birthday does not apply to certain other types of claims, such as medical malpractice claims.  Hospitals, doctors and other health care providers persuaded the Tennessee General Assembly to give them special rights. Thus, a minor who wants to pursue a medical malpractice claim must file suit within three years of the date of the injury.  

Thus, if your minor son or daughter is injured, it is wise to consult with a lawyer promptly to determine what deadline for taking legal action will apply.

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I was hurt in wreck with a truck.   I talked to a lawyer and she sent me a proposed contingency fee agreement.  The agreement says that I have to pay the expenses she 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 doing so.   

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 arrangement, 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 so long as it is adequately disclosed to the client at the time the lawyer is hired.  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 because certain fees are tacked on to each expenditure.  

Therefore, before you agree to hire a lawyer who wants to charge you interest on case expensses, make sure you ask the following:   (a) is a fee imposed for opening my file; (b) is there an origination  fee (in addition to interest) that is imposed on each expense item ; (c) what is the interest rate I will have to pay; and (d) what is the APR; and (e) what is the amount of interest and other fees you (the lawyer) expect that I will have to pay in this case?  Also, ask the lawyer if she will provide you with a monthly statement of the expenses incurred and the interest and other fees that you will be expected to pay.

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    Thus, our clients avoid the extra expense of interest on case expenses.

So, the question you have to ask yourself is this:  why should I pay interest when there are other fully qualified  lawyers who are willing to handle my case without charging me interest?

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