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

My car got rear-ended by a careless police officer driving his patrol car.  He was flying - the impact drove the bumper of my car into what used to be the back seat.  I was badly hurt.  I have heard that I can't sue the officer but I can sue the city he works for.  I have also heard that my right to sue the city is limited.  Are those things true?

Yes.  In Tennessee you cannot sue the officer but you can sue his employer.  However, the total amount of damages you can recover is $300,000.  This is true even if your medical bills and lost wages exceed this amount - the most you can recover under any circumstances is only $300,000.

Our firm represents people in claims against state and local governments.   We accept many cases on a contingent fee basis, which means that we charge no attorneys' fee unless we are successful in our case.  Please feel free to call for a free consultation.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

I live in Nashville and just got served with a subpoena to attend a car accident trial in Franklin, Tennessee.  I was a witness to the car wreck but really don't want to take time off work to go to trial.  Do I have to go? 

Yes, unless you can work something out with the lawyers involved in the case and the court.  A subpoena is a court order that must be obeyed.  The court in Franklin has the power to order you to come from Nashville attend a trial.

Call the lawyer who had the subpoena issued and ask if you can be released from the obligation to attend.  If not, ask if you can show up at a particular date and time and not just be present on the first morning of trial and then have to wait until you are called as a witness.  Most lawyers will be happy to accommodate your schedule if it is at all possible to do so.

But, whatever you do, don't make the mistake of just not showing up.  That would be a major mistake that can result in you getting in major trouble with the judge.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

I was involved in a wreck caused by the negligence of park ranger employed by the State of Tennessee.  The park ranger was driving a state vehicle during business hours.  I spent three days in the hospital and will have lots of physical therapy.  What are my rights?

You have legal rights, but they are limited as compared with those you would have against a private citizen or company.

You cannot sue the park ranger, but you can file a claim against the State.  You must first give notice to the State through the Attorney General's office and, when the claim is denied (it almost certainly will be) you will need to file the claim with the Board of Claims.  The Board of Claims follows many of the same rules as the court system, but damages for personal injury are limited to no more than $300,000, regardless of the amount of your lost wages, medical bills, or long-term disability.

You will need the help of any experienced lawyer to help you with this matter.  Our firm has handled many of these cases over the years, and we will be happy to have an initial consultation with you at no charge.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

What does it mean when a lawyer is “board certified?”

A.  Just like doctors can be “board certified” in surgery or pediatrics or a large number of other specialties, lawyers can choose to seek board certification in several different areas in the law.

There are several civil trial certifications available in Tennessee – civil trial specialist, medical malpractice, legal malpractice and family. A civil trial specialist must (a) have a demonstrated level of experience in trying civil cases; (b) pass a written examination  that covers certain aspects of civil law, evidence, and ethics; (c) receive positive recommendations from judges and attorneys that he or she has tried cases against; (d) have a good  disciplinary history.  The attorney applies for civil trial and family trial certification with the National Board of Trial  Advocacy, a division of the National Board of Legal Specialty Certification.  Medical and legal trial certification is available from another group.

If a Tennessee attorney is certified by this group, the attorney must then apply to the Tennessee Commission on Continuing Legal Education and Specialization Commission for certification in Tennessee.   The Tennessee Commission imposes additional requirements, including professional liability insurance and client recommendations. 

Lawyers certified in civil trial practice must be re-certified every five years.

A lawyer who has attained board certification has demonstrated that they meet or exceed the requirements for certification.  Many lawyers do not have sufficient trial experience to become certified as civil trial specialists.  Others may not be able to pass the examination or gain appropriate recommendations.   Others may have had past ethics complaints that prohibit them from becoming certified.  

In short, board certification is one way a consumer can get a solid idea of the lawyer’s experience, competence, and standing in the legal community. There are other ways to learn this information, as explained in this Legal Guide.

I am very proud of the fact that I earned my certification as a civil trial specialist almost 20 years ago and, in fact, have served as President of the National Board of Trial Advocacy,  the national organization that administers the certification program used in Tennessee.  I have also served as Chairman of the Tennessee commission that monitors board certification in our state. 

I think you will find that most board-certified lawyers actually charge the same fees as non-certified lawyers and, indeed, some of us charge even less than some non-certified lawyers.  Why pay more - or even the same amount - for someone who does not have the demonstrated knowledge, experience and ethical principles as is required for a certified civil trial specialist?

• Email This
• Print
• Comments
• Trackbacks
• Share Link

 What types of insurance may apply in a car accident case?

Several different types of insurance coverage apply in a car accident case. First, the at-fault driver’s automobile insurance may apply to cover the damages you sustain in a wreck. In Tennessee, all drivers are required to carry a minimum amount of automobile insurance, specifically $25,000 per person with a cap of $50,000 for each wreck. If two people are injured in a wreck, and the at-fault driver has minimum insurance policy limits, generally speaking the most the insurance company could ever have to pay is $25,000 to each person. If three people are injured in a wreck and the person at fault has minimum limits, the insurance company generally will not have to pay more than $50,000 to all three people combined, and each person cannot recover any more than $25,000. Of course, many drivers break the law and do not carry the required minimum car insurance limits. 

In the driver that causes the accident does not have insurance, your own automobile insurance coverage may also apply in a car accident case. This type of insurance coverage is called uninsured motorist coverage. Subject to certain limitations, you may recover under that portion of your own policy if the other driver is proven to be uninsured.

Similarly, if the other driver has insufficient coverage to pay for your damages and your insurance coverage exceeds the amount of the at-fault driver’s insurance coverage, then you may recover the difference between the at-fault driver’s coverage and your own coverage under your underinsured motorist coverage with your automobile insurance carrier. For example, if the at-fault driver has minimum limits of $25,000 per person and you have limits of $100,000 per person, you may recover an additional $75,000 under your uninsured motorist coverage if your damages are $100,000 or more.  The driver (or the driver’s employer, if they are on the job at the time of the wreck) may be required to personally pay in addition to the available insurance coverage. However, recovering more than the available insurance limits is often unrealistic.

You may also have coverage under your policy for medical care – often called medical payments coverage. This coverage is usually limited, with most people having $5,000 or $10,000 worth of coverage. The amount of your medical payments coverage depends on your contract with your automobile insurance company. You will most likely be required by your automobile insurance contract to pay your insurer back for any payments made on your behalf if you recover damages from the at-fault driver. This is called subrogation.

You can see that it is very likely that your own insurance company may not be on your side in a wreck in which at the at-fault driver did not have insurance coverage or did not have enough insurance coverage to pay you for your damages and losses. While you have a duty to cooperate with your own insurance company, it makes sense to talk to a lawyer before you give a statement to any insurance company, even your own. At the Law Offices of John Day P.C., we will be happy to advise you on how to give an accurate statement to the insurance company representative.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

I was a victim of medical malpractice in an Army hospital in Tennessee.  What are my rights?

There is a process established in the law that permits victims of medical malpractice caused by employees of the Army, Air Force, Navy or Veteran's Administration to take legal action.  First, appropriate notice must be given and then, when the claim is denied, suit must be filed in federal court.

Tennessee medical malpractice and damages law will control your case, even though it must be filed under a special federal law.  Here is a summary of Tennessee medical malpractice law.  Please note that federal law generally gives more time to file suit than state law - you need to talk with an experienced medical malpractice lawyer to assist you in determining how much time you have to file suit under the federal statute.  Failure to file suit on time will result in a loss of whatever rights you have, so be sure to contact a lawyer quickly.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

I was hurt in an automobile wreck and missed 10 days from work.  Fortunately, I had some sick days and some vacation pay left so I still got my normal pay check.  Does the fact that I got paid mean that I cannot claim "lost wages" when my lawyer and I try to settle my case with the at-fault driver?

Under Tennessee law you can recover your lost wages under this senario.  Wny?  Because the law states that the at-fault driver does not get the benefit your "sick days" or your vacation time.  You had to use them to recover from injuries caused by another's negligence and therefore you have lost the opportunity to use those days in the future.  Thus, you can get paid for those days by the at-fault driver even though you do not have an out-of-pocket loss of those days. 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

  I am involved in a truck accident  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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

I have a tractor-trailer wreck case that goes to trial in about six weeks.  I am afraid that the jury will learn that I served two years in prison on a burglary charge about 15 years ago.  I feel like I paid my debt to society and I don't want my mistake of many years ago held against me now.  Will the jury be told about my crime?

No, assuming that you told the truth about it in this litigation any time you were asked about it.

During the discovery process it is  common to ask  an opponent about past criminal charges and convictions.  These questions must be answered truthfully.  Proof of a prior felony conviction ordinarily  is not admissible at trial in Tennessee if the conviction is more than ten years old., but it is permissible to ask about "old" convictions and charges during the discovery phase of the case.

If you do not tell the truth about your past, you may make an otherwise inadmissible criminal history admissible.  Why?  Because the erroneous answer you gave will be admitted into evidence to show that you did not tell the truth under oath.

This is yet another reason why it is essential that you tell the truth during litigation - the failure to do so can really harm your case.  Experienced, honest personal injury lawyers actively encourage their clients to be 100% truthful during litigation.  There are many legitimate ways to keep prior mistakes out of the trial of a personal injury case, but only if truthful answers are given to questions about this mistakes during the discovery process.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

I have a personal injury case that was just settled.  I agreed to pay a contingent fee and the lawyer's out of pocket expenses.  One of the expenses is a first class airline ticket from Nashville to Atlanta for a deposition - at the cost of $1500!  Can the lawyer charge me for that expense?

You should contest the charge, but at the end of the day what will happen will depend on the exact language of the contract, your persistence, and the lawyer's conscious.

There is nothing legally wrong with the contract providing that the lawyer gets to fly first class at your expense.  If that is what you agreed to do then you are legally on the hook.

If the contract is silent on whether the lawyer gets to fly first class, then you are responsible only for "reasonable" charges, and absent some special disability for the lawyer I think most people would agree that paying $1500 to fly first class for a 35 minute flight is not reasonable.  Hopefully the lawyer will agree and simply charge the coach rate and pay for the balance out of his or her pocket.

If you cannot reach an agreement, insist that the lawyer hold the entire amount in his or her trust account while you pursue whatever form of dispute resolution your contract provides.  The Nashville Bar Association has a Fee Dispute Committee that will help you resolve this matter at little or no charge.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

I was hurt in a car wreck and need to hire a Tennessee personal injury attorney.  I came across this thing called AVVO.  They have a rating system for lawyers.   Should the AVVO rating system have any impact on who I hire as my lawyer?

It should have some influence, but not necessarily in the way that you think.  

AVVO is about 2 years old.  It claims to have established a brief profile for every lawyer.  A lawyer "claims" his or her own profile and adds data.  AVVO then establishes a rating for the lawyer based on certain criteria it developed.   A lawyer does have to pay to appear on the site, although some lawyers pay to have ads placed on the site.  However, the basic placement (like mine, shown here) is free. The lawyers listed to the right of my profile paid to be appear on the page, although they too have a free profile.

I would be very leery of any lawyer who had ten or more years experience and did not have at least a "9" ranking.   The rankings are not hard to get.   As far as I can tell, it is much easier to get a high ranking on AVVO than it is to get the peer-reviewed rankings from Martindale.

More importantly, a single good ranking should not be be the sole or even a major factor in your decision (although as stated above if the ranking is low it should be a red flag).  Here is a list of the factors I think you should consider in making this important decision.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

I was hurt in a wreck with a tractor-trailer and have missed six weeks of work.   It looks like it I will miss another six weeks of work and I am starting to hurt for money.  The truck driver was clearly at fault.  Will the trucking company's insurance company pay me now for my lost wages?

Almost certainly they will not.  These insurance companies usually require that all medical bills, lost wages claims,  and other claims for damages be presented at one time and then they try to make a global settlement.

Why wait?  To put financial pressure on you and your family.  You see, they want you and your family to feel financial pressure so that you will settle for less than the fair value of your claim.

Truthfully, an experienced trucking litigation lawyer cannot force the insurance company to give you interim payments for wages.  He or she can try, but it usually won't work.  A lawyer can help you evaluate your case and gather the information necessary to help  you get a just settlement for your case.  In addition, if a just settlement cannot be recovered, a lawyer can help you pursue the claim in court.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

I was looking on the Internet for a personal injury  lawyer and I see some lawyers say that they are members of the "American Association for Justice."   What does that mean?

The American Association for Justice is a voluntary, national bar association that is made up of lawyers who tend to represent persons who were hurt in car wrecks,  hurt by defective problems, or hurt by poor medical care.   The state affiliate of the national group is the Tennessee Association for Justice.  Like the  Tennessee Bar Association, the American Bar Association, and  various other "associations," ,ere membership in these organizations tells consumers virtually nothing about a lawyer’s competence – all one needs to join these organizations is a law license and the money to pay the dues.

However, active membership in a bar association tends to indicate that the lawyer is interested in advancement of his or her profession. This is a relevant factor to be weighed by consumers because it indicates a passion for the law. A lawyer who has been active in bar associations will list those activities on his or her website. Those that do not list activities probably have not been active and are probably just dues-paying members.

Membership, particularly active membership in certain other types of bar associations is an important consideration for those who seek to hire a personal injury or wrongful death lawyer. Those of serve in positions of leadership (such as an officer) in such associations have demonstrated their commitment to protecting the rights of personal injury victims.

A lawyer who does personal injury or wrongful death litigation on behalf of consumers should be a member of the Tennessee Association for Justice and the American Association for Justice. Once again, these associations have no entrance qualifications other than a law license and the ability to pay dues, but a lawyer who says he or she does personal injury and wrongful death work and does not belong to these organizations is, in my opinion, either not truly committed to protecting the rights of personal injury victims and their families or is too cheap to support the efforts of these organizations.

Both of these organizations work with legislators to help keep the courthouse doors open for ordinary people and work to educate their members. If a lawyer who seeks your case does not belong to these groups (both of them, not just one or the other), I respectfully suggest that you not even consider he or she to be your lawyer. If the lawyer is a member of both groups, then look to see how active he or she is in the organizations.

Those lawyers that are or have been committee chairs or members of the executive committee of these organizations have demonstrated that they are willing to volunteer their time to preserve the right of citizens to access the court system. Those who are merely members are at least saying that they will pay dues to support the organizations, but are unwilling or unable to make the sacrifice necessary to advance the goals of the groups.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

I was in a car wreck and spent four days in the hospital because of the injuries I received.  I also will need several months of physical therapy.  When I got out of the hospital I updated my status on my Facebook page.  A friend of mine e-mailed me and said I should be careful about what I post on Facebook about the car accident and my recovery.   Is she right? 

Yes, but not just because you had a car accident.  What you say on social media is there to stay.  Forever.  People who read it will make certain judgments about you based on what you said on Facebook, Twitter, or other social media outlets.  Thus, one should always use good judgment when utilizing social media.

This is also true after you have been in an accident of any type.  Your adversary will read your social media page.  Your adversary will look at your photographs and videos.  Your adversary will be looking for inconsistent statements or other documentation that indicates that your injuries are different than you claim or affect you differently than you maintain in a lawsuit.  The inconsistency may be minor, but your adversary will try to make it look like a lie.

Therefore, our firm suggests that our clients be very careful about what they write or otherwise post on social media.  Indeed, in a perfect world, we would like you not to publish anything.  At a minimum, use very good judgment about what you publish.  If you are unsure how to handle this, an experienced personal injury attorney can guide you through the specifics of your situation.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

I have heard about a movie called "Hot Coffee" and that it discusses that crazy case where the woman spilled coffee on herself and got a bunch of money from McDonald's.  Who made a movie about that? 

Susan Saladoff did.  Susan is a lawyer from Oregon who felt inspired to tell the real story about what happened to Stella Liebeck, the Albuquerque woman who spilled coffee on herself and sued McDonald’s, while exploring how and why the case garnered so much media attention, who funded the effort and to what end. 

Susan explains that 

Despite the fact that federal legislation has never been successful, big business interests have won in the hearts and minds of average people. They launched a public relations campaign starting in the mid-80’s and continuing over the last two decades to convince the public that we have out of control juries, too many frivolous lawsuits and a civil justice system that needs reforming.  They have used anecdotes, half-truths and sometimes out and out lies in their efforts, for one purpose – to put limits on people’s access to the court system, the one and only place where an average citizen can go toe to toe with those with money and power and still have a shot at justice.

Because of the success of the public relations campaigns, paid for by tobacco, pharmaceutical and insurance companies, to name a few, our civil justice system is not impartial. Jurors have been led to believe that a large verdict will affect their pocketbooks. Voters believe that we have a court system out of control that needs reforming.  Although there are consumer advocacy groups who have attempted to set the story straight, there has yet to be enough money to launch the kind of public relations campaign for consumers that can even begin to combat and challenge the public relations campaigns of pro-business and tort reform groups. Over the last few years, however, documentary films and independent film festivals have become a vehicle for alternative ideas to get a public forum.

So, she put together this film as a public education effort.  Watch the trailer here.  

The movie is now being shown regularly on HBO.   If you want to order the movie, click here.  Note, however, that you won't receive the movie until this fall.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

I was in court recently and the judge asked a man he called the "bailiff" to hand a witness a piece of paper.  What is a bailiff?

A bailiff is a court employee who provides security for the judge and helps the judge maintain order in the courtroom.  He or she also may hand papers from a lawyer to a witness or from a witness to the jury.

The bailiff is also the person usually entrusted with the job of escorting the jury from the courtroom to the jury deliberation room and for passing questions from the jury to the judge.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

I was hurt in a boating  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 an attorney  handling a contingency fee case to ask the client to re-pay the attorney for the money spent on case expenses out of any settlement achieved in the case.  It  is not normal, however, for an attorney to charge interest on the expense money they advance for case expenses, although it seems like more and more attorneys are doing it.    

The lawyers who charge interest may have a contract with a private company that charges them interest on case expenses, and then the attorney passes the interest that he or she pays 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 practice, 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.  Also, make sure you ask it there are any other charges associated, such as "file opening charges" and "discounted case payments."

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.   

• Email This
• Print
• Comments
• Trackbacks
• Share Link

I was hurt in a car wreck in Tennessee.  The other driver was also from Tennessee.  How much time do I have to file a lawsuit?

You have one year from the date of the wreck to file a lawsuit.  Failure to file suit within the one year period will result in a loss of your rights.

However, you should not wait this long to hire a lawyer.  A lawyer needs time to investigate the case ad sometimes critical evidence can disappear if the lawyer is not hired early in the case.  Also, it is possible that the lawyer can negotiate a settlement on your behalf, thus eliminating the expense that goes with filing a lawsuit.  Thus, it is recommended that you hire a promptly and not wait until the one year deadline for action approaches.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

I was hurt in a car wreck.  How do I find the best lawyer to help me with my case? 

We have written a guide to help you understand the factors you should consider in determining who you should hire as a personal injury lawyer.  Read it here.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

My daughter was injured in a fireworks show put on by our neighbors last night.  What responsibility does the neighbor have to pay her medical bills and other losses? 

Your neighbor's responsibility depends on whether or not he was negligent in his use of the fireworks.  Your neighbor had the duty to exercise reasonable care while using the fireworks and, indeed, an argument can be made in the law that he had the duty to use the highest degree of care because fireworks are so dangerous.

So, before I can tell you want responsibility your neighbor has, if any, I need to know a whole lot more about how the injury occurred.  I also would need to know the age of your daughter and what she was doing at the time the injury occurred. 

A careful investigation by an experienced personal injury lawyer will determine whether your neighbor is liable for the injuries to your daughter.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

My wife was at work when  a fire occurred.  Her employer says the  fire occurred  because a problem with a machine in the plant.  She was badly burned.  What are her legal rights? 

At an absolute minimum, your wife will be able to recover benefits under Tennessee's worker's compensation law.  Stated briefly, her medical bills will be paid, she will receive a portion of her normal wages until she is able to return to work, and she will receive an additional payment for any disability she has as a result of the injury.

However, your wife also may have a tort claim against the company that manufactured, installed, or maintained  the machine in question.  Thus, it is essential that an investigation be conducted to determine why the fire occurred.  Was there a problem with the machine from the day it was made?  Was it installed incorrectly?   Was it not properly maintained?  Was one or more of these things responsible for the cause of the fire?

I hasten to add that if the company that  maintained the machine was your wife's employer and it was determined that improper maintenance was the cause of the fire, she would be limited to a worker's compensation recovery against her employer.   She could not bring a tort claim against her employer if her employer was determined to be negligent.

Why is that significant?  A tort claim permits the recovery of additional types of damages not available in a worker's compensation claim, such as damages for pain, suffering, disfigurement, loss of future earnings, etc.  The damages available in a tort claim in Tennessee are discussed more fully here.

As you can see, lots of work is necessary to prove the validity of this type of claim. An experienced Tennessee products liability lawyer will be necessary to help your wife secure her legal rights.

• Email This
• Print
• Comments
• Trackbacks
• Share Link