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

What do attorneys charge for representing a worker in a worker's compensation injury case in Tennessee?

The typical charge is 20% of the recovery.  The amount of the fee is subject to court approval.

In addition, most lawyers ask to be reimbursed for the expenses they incurred in prosecuting the case.  This includes money paid to court reporters for depositions, fees to doctors, and other expenses.  

Some lawyers charge interest on the money that was spent on expenses during the case.  Our firm does not do so.

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Who receives the damages recovered in a successful wrongful death lawsuit in Tennessee?

Generally speaking, damages for the personal injury claim (the claim that arises from the period of time between the injury and the death) are distributed under the will of the decedent and, if there is no will, under the law of intestate succession.

Funeral expenses are re-paid to the person who paid the funeral bills.

Medical expense monies generally must re-paid to the person or insurance company (or government entity) that paid the medical bills.

Damages awarded for the wrongful death portion of the award are generally divided between the “beneficiaries” under the law of intestate succession. For example, in a lawsuit where the decedent leaves a wife and two children behind, each of the three are “beneficiaries” under the law and each receives one-third of the pecuniary loss.

If the decedent left a wife and three children, the wife would receive 1/3 of the recovery and each child would receive an equal share of the remaining two-thirds.

If the decedent left no spouse and four children, each child would receive an equal share. If the decedent left no spouse and no children, the decedent’s parents would each receive 50% of the money.

If the decedent left no parents, spouse or children, the decedent’s siblings would split the money equally.

There are several exceptions to these general rules. For example, a parent that refused to support a minor child may lose rights to collect money if the child becomes a wrongful death victim. Likewise, a person who murders another person cannot be a wrongful death beneficiary. An experienced lawyer can help you understand the rules of distribution of wrongful death proceeds.

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Who has the right to file a wrongful death lawsuit in Tennessee? 

Generally speaking, these are the rules for who may file a wrongful death lawsuit inTennessee:

• A lawsuit for the death of a husband can be filed by his wife, his executor or the administrator of his estate.
• A lawsuit for the death of a wife can be filed by her husband, her executor, or the administrator of her estate.
• If a person is single at the time of his or her death, the lawsuit can be maintained by his or her adult children or, if there are no adult children, by his or her parents. The lawsuit can also be filed by an executor or administrator.
• If a person is a single minor at the time of death, the lawsuit can be maintained by his or her parents. If the parents are divorced, special rules apply. The lawsuit can also be filed by an administrator.
• If the decedent did not leave a spouse or child and was predeceased by his or her parents, the law permits a sibling to file suit. The lawsuit can also be filed by an executor or administrator.
• There are exceptions to these general rules. An experienced wrongful death lawyer can explain whether an exception is applicable if he or she is advised of the nature of the family situation.

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I was in a car wreck last month.  I was hurt pretty bad.  I got home from the hospital last night and a lawyer called me and said that he wanted to represent me in my case.  I have no idea who this man is or how he got my name and telephone number.  Nobody in my family has ever heard of him and I asked the lawyer who did my divorce case about him and she said she never heard of him.  Can he call me like this?  Should I hire him?  He said he could get me a lot of money.

This lawyer is a scumbag - not only should you not hire him but you should report him to the Tennessee Board of Professional Responsibility.  Rule 7.3(a) of the Rules of Professional Conduct says this about soliciting a potential client by telephone:  "(a) If a significant motive for the solicitation is the lawyer’s pecuniary gain, a lawyer shall not solicit professional employment by in-person, live telephone, or real-time electronic contact from a prospective client who has not initiated the contact with the lawyer and with whom the lawyer has no family or prior professional relationship."  The Comment to the rule explains why is exists:

[1] There is a potential for abuse inherent in direct in-person or live telephone contact by a lawyer with a prospective client known to need legal services. These forms of contact between a lawyer and a specifically targeted recipient subject the layperson to the rivate importuning of the trained advocate in a direct interpersonal encounter. The prospective client, who may already feel overwhelmed by the circumstances giving rise to the need for legal services, may find it difficult fully to evaluate all available alternatives with reasoned judgment and appropriate self-interest in the face of the lawyer’s presence and insistence upon being retained immediately. The situation is fraught with the possibility of undue influence, intimidation, and overreaching.

A lawyer who engages in this conduct is subject to various types of discipline and, in fact, risks loss of his or her license to practice law.

So, why should you care?  I mean, you just need a lawyer, and if the lawyer has undertaken the initiative to seek you out, didn't that just make your job easier?

Here is why you should care.  Every law student is taught that this lawyer cannot do what he did. The prohibition is reinforced in legal seminars for practicing lawyers.  So, you have to ask yourself these questions:  If a lawyer is willing to violate the rules of the profession to get my case, why should I believe that he will follow other rules that are designed to protect my interests?  Why should I believe that he will honestly communicate with me?   Why should I assume that a cheater will only cheat once?   Why should I take the risk that he might cheat me?  Why should I take the risk that he might try to cheat my opponent, get caught and hurt my case?

So, don't hire a lawyer who calls you out of nowhere trying to solicit your case.  Instead, read our legal guide "Understanding How to Hire a Lawyer in Personal Injury and Wrongful Death Cases" to learn about the factors you should consider in determining what lawyer to hire for your case. 

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I just bought four new tires on my call three weeks ago.  As I was driving down Interstate 24 near Nashville the front tire blew out, causing me to lose control of my car.  The car rolled and my entire family was hurt in the wreck   Do we have any rights against the manufacturer of the tires? 

Perhaps.   It is essential that you contact a lawyer who has experience in products liability cases as soon as possible.  It the meantime, preserve whatever is left of the tire and the other tires on the car.  Also, the entire car should be preserved - do not permit your auto insurer to allow it to be destroyed.

You will need the tire itself so that you can determine what went wrong with it (if anything).  You need to preserve the other tires and the car so that an expert can better understand what caused the wreck and what, if anything, was wrong with the tire that blew out.

Permit me to add that there may have been absolutely wrong with the tire.  It is possible that the tire was not put on the rim properly or not properly inflated.  It is also possible that you hit some object on the road - or had a prior impact with a curb or some other fixed object - that affected the integrity of the tire.   Thus, it is essential that the tire that blew out - and preferably the other three as well - be preserved for inspection by a qualified expert.

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

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My wife had hamburger steak dinner in a Clarksville, Tennessee restaurant about one week ago.  About three hours later she began developing severe nausea, bad stomach cramps and diarrhea.   She ended up in the hospital with kidney problems and the doctor said that she had an infection caused by e coli.   Her kidney may be permanently damaged.  What are her rights?

  It is estimated  that 76 million foodborne illness cases occur in the United States every year after eating foods contaminated with such pathogens as E. coli O157:H7, Salmonella, Hepatitis A, Campylobacter, Shigella, Norovirus, and Listeria.  Each year approximately 325,000 people are hospitalized with a diagnosis of food poisoning, and some 5,000 die.  

First, you should contact your local health department and report the problem.  The health department should immediately inspect the restaurant.  This will reduce the likelihood that additional  people will suffer  the same problems you developed.

Second, if you brought a "doggie bag" from the restaurant save it in the refrigerator.  Tell the local health department that you have it.  Do not throw it away.

Third, contact an experienced personal injury to help you investigate the claim and preserve your wife's rights.  If the food poisoning can be linked to the meal she at at the restuarant, Tennessee law entitles her to certain damages explained in more detail here.  We offer free consultations in this type of case, and if we believe the case has merit will accept the case on a contingent fee basis.

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My wife was hurt in a car wreck in Middle Tennessee on June 21, 2011 and died in the hospital two days later.  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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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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My 8-year old daughter was killed in a car wreck six months ago.  I have been avoiding it forever but I need to hire a lawyer.  I go to church with a lawyer and she says she can do a great job for me because she has a special relationship with the judge.  That seems important to me.  Should I hire her?

No.  Lawyers who say such things are scumbags. 99.9% of judges would never allow their personal feelings for a lawyer to directly affect the outcome of the case. To do so would be unethical, and 99.9% of judges would never consider acting in such a fashion.

It is true, of course, that judges tend to respect lawyers who are prepared, who show up to court on time, who understand law and court procedure, and who answer the judge’s questions directly and honestly. And judges, like every other human, would tend to more readily accept the word of a lawyer who earned respect than a lawyer who demonstrated that he or she was not entitled to respect. But disregard the facts or the law simply because of a personal relationship? No,  it rarely happens.

Finally, think about it this way: If you were a judge and learned that your lawyer “friend” was going around suggesting to people that she could improperly influence you in a case, how would you feel about it?

No, stay away from this type of lawyer. Like the lawyer who evaluates a case too early, this lawyer is trying too hard to get your case and, at the end of the day, you are very likely to be disappointed in the service you actually receive.

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I was involved in a wreck with a big truck. I am now out of the hospital and need to hire a Tennessee personal injury attorney.  I met with a lawyer.  He seemed like he knew what he was doing but he was a jerk and his office was an absolute disaster - I don't know how he can find anything in there.  I am nervous about hiring him, but I am not sure what I should do.

Lawyers are people (really!) and have different personalities. There are some inaccuracies in every generalization, but most lawyers would agree that lawyers who successfully try personal injury and wrongful death cases tend to more aggressive than passive, more self-confident (or perhaps even arrogant) than unusually humble, and better communicators than certain other types of lawyers. Frankly, lawyers who lack self-confidence do not belong in courtrooms.

Thus, before you hire a lawyer you need to meet the lawyer - it was very wise of you to do that.   Do not rely solely on a commercial or a website description of the lawyer or the lawyer’s firm. Sit down and talk with the lawyer, preferably in the lawyer’s office, and try to figure out if (a) the lawyer is the type of person you want to work with during the pendency of your case; and (b) the lawyer is the type of person you want as your advocate before a jury if your case has to be tried.  Use your common sense in making this decision,  remembering that if the lawyer comes off as a jerk to you he will probably come off as a jerk to a judge and jury.

Why do we recommend meeting the lawyer in his or her office? It has nothing to do with the convenience of the lawyer. A lawyer’s office may provide valuable information about the lawyer. Does it appear well-organized? Is it clean? Does it present a professional appearance? Are you treated with respect by other employees of the firm? Does the lawyer meet with you at the appointed time? Is he or she prepared for the meeting? Are you given the opportunity to ask questions? Are those questions answered in language you can understand?

This is not to say that a lawyer needs to have a fancy office in a fancy building to be a good lawyer. Indeed, a fancy office may just be a sign that the lawyer spends money on material things that make it appear that he or she is knowledgeable and successful when the reality is quite different. That being said, the appearance of a lawyer’s office says something about the lawyer.

Many lawyers offer to visit with you at your home or even if the hospital if your circumstances are such that you cannot come to their office. This is often an offer made for your convenience, and should be viewed as such. However, unless you or a trusted loved one has researched the other factors on this list carefully before a home or hospital visit by a lawyer, most lawyers would recommend that you not to hire a lawyer simply because he or she advertises or offers to visit with you at your home or at the hospital.

You should also pay careful attention to whether and how the lawyer explains the law and what he or she will do to investigate your case. Your lawyer should be able to articulate the law to you in words you understand. If the lawyer cannot do so you should understandably question whether he or she will be able to articulate your position before a jury. You should ask the lawyer questions about anything you do not understand, and if the lawyer will not take the time to answer your questions, or does an inadequate job of answering them, you need to be concerned. Communication is a key part of the attorney-client relationship, and a lawyer who cannot communicate effectively at the initial client meeting may have difficulty communicating with you as the case progresses and difficulty communicating with a judge or jury.

You should also be very wary of a lawyer who offers only positive thoughts about your case. This is a difficult thing for some people to understand, but excellent lawyers strive to be objective during their conversations with their clients. That is, the best lawyers understand that it is their job to learn, evaluate and communicate the strengths and weaknesses of every case, and not just tell the client or potential client what they want to hear. Almost every case has a weakness, and the lawyer should be able to articulate those the weaknesses in a case very early based on the information that is available. You want to know about both the strengths and weaknesses of your case because both impact the value of your case. A lawyer who does not discuss case weaknesses either does not recognize them or is afraid of hurting the client’s feelings by having an open and honest discussion about the case. Excellent lawyers know that such conversations are an essential part of the attorney-client relationship, and know how to communicate their concerns without offending the client.

In summary, you want a lawyer who will be your effective advocate, but you also want one who can recognize and appropriate handle any negative aspects of your case. You also want a lawyer to tell you the truth about the positive and negative aspects of your case so that you have a full understanding of what is necessary to win your case and how any negative aspects of the case will affect your ability to do so. Finally, you want a lawyer who has compassion for your situation, the ability to communicate the law to you, and a professional appearance.

Want to learn more about what you should consider when trying to decide who you should hire as a Tennessee personal injury or wrongful death lawyer?  Read out Legal Guide.

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I went to meet with a lawyer about my personal injury case.  He wants my case, but he works all by himself - no assistant, no secretary, and no other lawyer?  Is this something I should consider in determining who to hire as my personal injury lawyer?

Yes.   Lawsuits of any size are a team effort, and each person in the office plays an important role in helping preparing the case and maximizing the recovery for the client. Thus, you should look at the other lawyers and staff in the office and determine whether they can work as a team to help you with your case.

On our larger cases we almost always have two or more lawyers working on every case. Why? Assigning two or more lawyers to every case means that if one lawyer is busy in trial or is out-of-state taking depositions in other cases work can still be done on your case.

Paralegals and other support staff are an important part of the team.  They help the lawyer complete tasks on time and perform many tasks that fall within their training and experience.

All of this is not to say that a lawyer who works alone is a bad lawyer or cannot competently handle your case.  I am only suggesting my experience over 30 years has taught me that a team approach is in the client's best interest and, in fact, I cannot imagine doing high quality, timely work without a group of other professionals helping me every day.

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I am looking for a lawyer and some of them say that they are members of various bar associations.  Is that important?

Many lawyers advertise that they are members of the Tennessee Bar Association, the American Bar Association, and / or their local bar association. Mere membership in these organizations tells consumers virtually nothing about a lawyer’s competence – all one needs to join these organizations is a law license and the money to pay the dues.

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

Membership, particularly active membership in certain other types of bar associations is an important consideration for those who seek to hire a personal injury or wrongful death lawyer. A lawyer who does personal injury or wrongful death litigation on behalf of consumers should be a member of the Tennessee Association of Justice and the American Association of Justice. Once again, these associations have no entrance qualifications other than a law license and the ability to pay dues, but a lawyer who says he or she does personal injury and wrongful death work and does not belong to these organizations is, in my opinion, either not truly committed to protecting the rights of personal injury victims and their families or is too cheap to support the efforts of these organizations.  Neither of these explanations speak well of such a lawyer.

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

All of the members of Law Offices of John Day P.C. are members of the Tennessee Association for Justice and the American Association for Justice. John A. Day has been President of the TAJ’s predecessor organization and has served on its Board for over 25 years. John has also served on the Executive Committee of AAJ’s predecessor and as Chair of the Council of State Presidents.

Brandon Bass of our office serves on the Board of Governors of TAJ, the Board of Governors of the New Lawyers Division of AAJ, and the Board of Governors of the New Lawyers Division of the Tennessee Bar Association.   Laura Bishop serves on the board of the Lawyers' Association for Women.  Burke Keaty serves on the Legislative Committee of the Tennessee Association for Justice and, along with John and Brandon, was recently honored for work done during the 2011 legislative session.

So, is this a major factor in hiring a lawyer in a personal injury or wrongful death case?  In my mind, it is a disqualifying factor if the lawyer is not a member, but the mere fact of membership has little value.  If it the lawyer is an active member of a relevant bar association, there are other factors that are much more important.  Those factors are discussed in this Legal Guide.

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 I live in Indiana but was injured in a car accident on Interstate 65 right outside of Nashville.  Do I need a Tennessee lawyer?

You will almost certainly need a Tennessee lawyer.  An Indiana 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 Indiana would probably be able to negotiate some sort of 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 an Indiana 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 car wreck and have filed a lawsuit.  I hurt my back.  Now the jerk that hit me and his insurance company want to have me examined by a doctor that they hire.  Can they do that?

If your medical well being is in question in a case the opposing party may request that you undergo a medical evaluation by a doctor of their choosing.   That doctor will offer his or her opinion about the nature and extent of your injuries and the impact of those injuries on your later life. That doctor may disagree with your doctor’s opinion as to the nature and extent of your injuries, and the jury will hear from both doctors at trial.  

Under certain occasions, the court may refuse to permit a defense medical examination.  An experienced personal injury lawyer is likely to know the circumstances under which a court will refuse a medical examination or prohibit a certain doctor from conducting the exam.

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 I was in a car wreck about 3 months ago.  The other driver admitted fault.  My medical bills are about $25,000.   I have been released by my doctor.  My lost wages are $5000.   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 affect our 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 badly hurt in a personal injury case about ten years ago.  As part of the settlement I received an annuity that pays me $4000 per month for the rest of my life (I am 40) or at least for another 25 years..   I have found myself in some financial trouble and I need some money now.  I have been told that I can sell the annuity and get cash. Should I do that?

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

I have no respect for the companies that purchase structured settlements.  The price paid for them is ridiculously low - often 40 cents on the dollar or even less.    Your structured settlement will pay you a over $1,000,000 in the next 25 years - tax fee - and if you live a normal life expectancy you will receive another $500,000 or even more.    You should not throw that away for pennies on the dollar and then take on the burden of investing what you receive.

So, do not sell your annuity without first seeking the advice of a professional.

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I was jogging in my neighborhood when a dog started to chase me.  The dog bit me on the leg and, after I fell down, it bit me again on the arm before a passerby was able to get it off me.    I have some very ugly scars as a result of these bites and am now absolutely terrified of dogs.   What are my rights?

Under Tennessee law a dog owner has a duty to exercise reasonable control over his dog. If the dog's owner let the dog run free the owner is reasonable for the harm caused by the dog.

If you win your case, you are entitled to payment of damages.  Most injuries caused by dog bites are covered under the dog owner's homeowner's insurance policy.  

The damages that you may recover are discussed in our legal guide, Understanding Damages in Personal Injury Cases.

I suggest you meet with an experienced personal injury lawyer to gain a better understanding of how Tennessee law applies to the facts of your case.  Please remember that under Tennessee law personal injury claims must be filed against the responsible parties within one year of the date of the injury.  Failure to file suit within one year will result in a loss of your rights.

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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 just won a personal injury case at trial.  What happens next? 

If either the plaintiff or defendant does not agree with the jury’s decision, they have thirty days from the date that the signed judgment is filed with the Clerk of Court to ask the judge to change the result. The judge has the power to do five things.

First, the judge can set aside the result of the jury entirely and enter a judgment for the other side. This is called a “judgment notwithstanding the verdict.” The judge will do this only if he or she believes that the no reasonable jury could reach the result it did. This is very rare. A judge’s decision to grant or deny a request for a judgment notwithstanding the verdict may be appealed to the Tennessee Court of Appeals.

Second, the judge can order a new trial if he or she is dissatisfied with the verdict. The judge does not have to give a reason why he or she is dissatisfied with the verdict. Ordinarily, a judge’s decision to grant a new trial because of dissatisfaction with the jury’s verdict cannot be appealed immediately. If a new trial is ordered by the judge the litigants will then have another trial before a different judge and jury at a later date.

Third, the judge can approve the verdict and make the judgment a final judgment. If that occurs, the case is over unless there is an appeal to the Tennessee Court of Appeals.

Fourth, the judge can increase the amount of the verdict. This is called an “additur.” The judge will do this if the judge feels the amount awarded by the jury was unreasonably low. This rarely occurs. If a verdict amount is increased, the defendant can accept the increased amount and pay the judgment, accept the increased amount under protest and appeal the increase to the Tennessee Court of Appeals, or have a new trial before a different jury at a later time.

Fifth, the judge can decrease the amount of the verdict. This is called a “remittitur.” The judge will do this is the judge feels the amount awarded by the jury was unreasonably high. This too is rare. If a verdict is reduced, the plaintiff can accept the reduced amount, accept the reduced amount under protest and appeal the reduction, or have a new trial before a different jury at a different time.

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Are there deadlines for filing lawsuits in Tennessee?

 Yes.  Statutes of limitation passed by our legislature limit the time to file a lawsuit in all types of cases.  The length of time varies depending on the type of case.  In most instances you have one year from the date of the incident causing injury  or death to bring a lawsuit, although shorter time limitations apply in some types of cases.  

There are other laws known as “statutes of repose” that provide absolute deadlines on filing lawsuits.  This type of law may result in you losing your rights before you know you have suffered an injury.  

Given the many factors that must be considered in determining your specific deadline to file a lawsuit, the best course of action if you believe you have a potential legal action is to contact a lawyer immediately. Our firm will meet with you at no charge to help you determine if you have a claim and help you understand what deadline for taking action actually applies in your case.

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I was hit by a drunk driver - he ran a red light and broad-sided me.  He told the cop that he was drinking at home all day, got in an argument with his wife, left the house, and then had the wreck with me. I spent seven days in the hospital and have missed four weeks of work so far.  I still don't know when I can go back to work.  I just found out that the drunk did not have any liability insurance on his car.  Now what?

You will have to rely on your uninsured motorist insurance coverage.  Look at the declarations page of your insurance policy and see what amount of coverage you have.  It is designed to protect you in this situation.

If you have uninsured motorist coverage (and Tennessee law requires your insurance company to sell it to you unless you right it in writing) you will have to collect your damages from your own insurance company.  Your company cannot raise your rates because of an uninsured motorist claim.  

You also can sue the drunk.  Just because someone does not have insurance does not mean that they escape responsibility for their actions.  The problem, of course, is collecting whatever damages you recover.  

This is the type of case where you would benefit from the guidance of an experienced personal injury lawyer.   We will be happy to meet and discuss your case with you.  We do not charge a consultation fee and accept personal injury cases on a contingent fee basis.

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I am in a personal injury lawsuit.  The other side has sent a bunch of interrogatories and I do not want to answer them.  It is just too much work and they are asking a lot of questions that are not of their business.  What happens if I don't answer them?

If you don't provide answers within the time required by law your opponent can file a motion to compel you to answer.  The judge will give you additional time to answer.

If you don't answer in the extended time the judge gives you the judge may order sanctions against you.  The judge could even dismiss your lawsuit.

At any stage in this process you are at risk for having to pay the other side's attorney for trying to get you to answer the interrogatories.

So, I suggest you answer them.  Your lawyer will help you.

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I was hurt in a wreck with a big truck about six months ago.  It wasn't my fault.  I have been waiting for over a year for the case to settle.  I lost four months of wages and have had to pay some medical bills that were not covered by my health insurance.  Can I get the insurance company to pay interest on my settlement?  It doesn't seem fair that they can delay my settlement and not have to pay interest.

Not under Tennessee law.   Some states do permit the recovery of interest in this type of situation, but Tennessee law does not permit the recovery of interest in personal injury or wrongful death lawsuits. 

The only exception to this rule is if you win a case and a judgment is entered by the court you are permitted to recover interest.  Interest accrues at the rate of 10% per year on the amount of the judgment that is unpaid.  

For example, if you win a judgment of $365,000 at a jury trial in Tennessee you are entitled to collect interest of $100 per day from the date of the jury verdict until the date the judgment is paid.  If a partial payment of the judgment is made the interest is payable only on the unpaid portion of the judgment.  (Note:  you have to pay income taxes on the interest that you are paid.  Be sure to talk with you tax advisor about this.)

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