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

I have a car wreck case and my lawyer says that the insurance company wants to take my deposition. Do I have to do it?  the idea makes me very nervous.

A deposition is testimony given by a plaintiff, a defendant or witness in a lawsuit before the case actually goes to trial. The person giving the statement is called the deponent. At the beginning of the deposition the deponent is asked to swear or affirm that the statement will be truthful.   The deposition is taken by a lawyer asking questions of the deponent.   Usually, the lawyer for the plaintiff will take the deposition of the defendant and the lawyer for the defendant will take the deposition of the plaintiff.   Either lawyer may take the deposition of other people who have knowledge about facts important in the case.

You can't be forced to give a deposition, but the judge can dismiss your case if you are asked to do so and you refuse.  By filing a lawsuit you have to comply with the rules of procedure in our court system and there are consequences for failing or refusing to follow those rules.

Your lawyer should spend time preparing you for your deposition.  If you are adequately prepared, you will quickly see that you can handle it just fine.

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I have a car accident case coming to trial soon in Clarksville, Tennessee.  My lawyer said he had to give the jury proof of my life expectancy. Why?\

Apparently, your doctor has said that you have a permanent injury that will impact you for the rest of your life.  Thus, the jury must have some evidence of how much longer you are likely to live, and that means that it must hear some evidence of life expectancy.

Usually, this evidence comes from government documents.  In some cases, such as those where children or adults have brain injuries or or other catastrophic injuries, medical experts are asked to testify about life expectancy.

Life expectancy is also part of the proof a jury must hear in wrongful death cases.

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I was on a jury recently.  One lawyer made some objections to questions asked by the other lawyer and the judge told the witness not to answer the questions.  Why did the judge do that?

Judges rule on objections made by lawyers and apply the rules the evidence.  The rules of evidence prohibit some types of information from being heard by a jury.  These rules are developed to make a trial as fair as possible, consistent with certain public policy considerations.

For instance, a jury will rarely be permitted to hear about settlement negotiations between the parties to a lawsuit.  The reason for this rule is that the law wants to encourage people to discuss settlement without having that be used against them later in a trial.  If the law of evidence permitted a jury to learn about settlement negotiations people would be less likely to discuss settlements.  This would mean more trials, more costs, and more delays in our system.

A judge must apply the law of evidence.and make decisions about what a jury should hear and should not hear in the case.  By making these rulings, the judge is not taking sides in the case but instead only making a ruling on the appropriateness of a question or line of questioning.

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Does Tennessee have limits on the amount of damages a jury can award in a car wreck case?

Only for car wrecks that occur on or after October 1, 2011.  For Tennessee car wrecks that occur before that date, there is no arbitrary limit on damages that can be awarded.

For Tennessee car accidents that occur on or after October 1, 2011, damages for pain, suffering, disfigurement, loss of enjoyment of life and loss of consortium are limited to $750,000 in almost every type of case.  In certain types of cases involving catastrophic damages,  the damage cap is increased to $1,000,000.  There is no cap on damages if the person who caused the wreck was under the influence of drugs or alcohol.

An experienced personal injury attorney can tell you if your case falls within the "catastrophic" category.

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My lawyer told me that he was going to have to spend a bunch of money to prepare exhibits at trial.  Why is that necessary?

Exhibits are necessary to communicate your case to a jury.  Many things can be communicated by oral testimony, but other matters are best communicated by documents, charts, models, computer generated re-enactments, etc.

Some exhibits - such as computer simulations - can be very expensive.  Other exhibits cost virtually nothing, such as pieces of paper enlarged via video camera on a screen.  

Experienced lawyers always think about the most effective way to communicate information to juries, and that includes consideration of various exhibits.  Experienced lawyers must take into account the likley value of the case in determining what type of exhibits can be used.   For example, it would be crazy to spend $5000 on exhibits in a case where the likely jury award was only $20,000.

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My son (age 8) was hurt in a car wreck.  How much time to I have to bring a lawsuit against the driver responsible for the wreck?

Under the law in Tennessee, there are time limits on which any person can bring a lawsuit against another. The general rule is that a child has until one year after his or her eighteenth birthday to bring a lawsuit to recover for a personal injury. Some people argue, however, that a parent’s claim for medical expenses incurred on behalf of the child must be filed by the parent within one year of the incident causing the injury, and thus it makes sense to consult with a lawyer promptly about any injury to your child that you believe was caused by someone else’s negligence.

Please note that different rules apply if a child was injured as a result of medical malpractice.  Medical malpractice claims are subject to 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. The statute of repose for bringing a medical malpractice claim is three years. This means that a medical malpractice claim must be initiated within three years of the date of the malpractice regardless of the age of the injured person. Therefore, for example, a medical malpractice claim for a child injured during birth must be initiated within three years of the date of the birth of the child.

There are certain other types of lawsuits where a minor must take legal action well before his or her 19th birthday.

Determining the deadline for filing suit in a particular case is very complicated. The consequence of a late filing – even by one day – is the loss of your legal rights. Therefore, the safest course of action is to contact an attorney as soon as possible if you believe you may have a claim. Most lawyers, including this writer (John Day),  do not charge for this type of consultation.

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 I am a plaintiff in a Tennessee car wreck case.   I have been told I have to give a deposition.  I am very nervous about it.  Are there any general rules about such things?

Your lawyer will spend several hours preparing you for your deposition.  He or she will thoroughly explain the deposition process and will give you a solid understanding of what is expected of you.

Every lawyer has specific advice for his or her clients about depositions.  These tips were written by the author of the Pennsylvania Law Monitor:

1. Take Your Time - Wait 5 seconds before answering each question; control the pace.
2. Always Remember You Are Making a Record - If you realize you made a mistake, don’t be afraid to correct it at any point during the deposition.
3. Tell the Truth - You have nothing to hide from; clients who lie because they think it will help their case generally end up doing exactly the opposite.
4. Be Relentlessly Polite - Thinking, saying or implying negative things will only make things worse.
5. Don’t Answer a Question You Don’t Understand - Just say “Would you please rephrase the question.” Don’t answer until question is phrased in a way that you understand.
6. “I Don’t Remember” and “I Don’t Know” Are Acceptable Answers. Don’t be embarrassed to use them.
7. Do Not Guess - If you are estimating, be clear about the fact that you are doing so. Don’t use inferences- testify only about what you precisely saw, heard, or did.
8. Do Not Volunteer Information - Keep answers as short, simple, and narrow as possible, and then stop.
9. Be Careful with Documents and Prior Statements - If the questioning attorney is asking you about a document, ask to see it and read it carefully before answering.
10. Use Your Attorney if Necessary - Don’t think that it will look bad if you request a break to speak to your attorney.   [Note:  I personally disagree with this last tip.  I think you should ask to speak with your attorney only if absolutely necessary.]

These are very helpful tips.  However, please remember that to the extent that your lawyer disagrees with any of them, follow your lawyer's advice.

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I was hurt in a car wreck and do not think that the other driver's insurance company will offer me a fair settlement.  My neighbor told me that the insurance company will look at my entire medical history before they settle my case.  Is that true?

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.

So, an insurance company may well insist upon the disclosure of your medical history before settling a claim.  There are certain limits on what they can require you to reveal.  An experienced personal injury lawyer can guide you through this process.

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I was hurt in a wreck caused by a big truck.  I need a personal injury lawyer.  I want a good lawyer, but I am worried about what it will cost. Won't a good lawyer charge more?   

First of all, most Tennessee personal injury lawyers accept personal injury cases on a contingent fee basis, meaning that they only get paid if they win your case.  The fee is a percentage of your total recovery.  The larger the recovery the more the lawyer is paid.  The lower the recovery, the less the lawyer makes.  If your case is not successful you do not have to pay any fee whatsoever.

So, do the better lawyers charge a higher fee?  No.  In fact, my experience is that many lawyers charge a similar fee and some of the worst lawyers actually charge more than the better lawyers.  I believe that when you hire an experienced personal injury lawyer you not only increase the odds of winning your case but you also increase the likelihood of recovering more money.  The lawyer you hire makes a big difference.

How do you select a high-quality personal injury lawyer?  Study our Legal Guide.

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I was almost given the wrong medicine by a nurse during a recent hospitalization.  Fortunately, my wife was in the room and stopped the nurse before she messed up.  The doctor said that if I had taken the medicine I would have died. I am having trouble finding a lawyer to take my case.  Why?  Like I said, I could have died.

The reason you are having a problem finding a lawyer is that the damage you sustained by reason of the "close call" are so small that it makes no economic sense to bring your case.  Pardon me for being so blunt, but lawyers who accept medical malpractice cases on a contingent fee basis must be able to recover sufficient damages to earn a fair fee on the effort they put into a case.  As you describe your case, the damages are so small that no lawyer can afford to handle the case.

You might be able to find a lawyer to handle your case if you are willing to pay by the hour, but I would caution you against that.  You could easily end up spending thousands of dollars pursing your case and, at the end of the day, have little or nothing to show for it.

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How much time do I have to file a claim for a wreck with a tractor-trailer or bus that happened in Tennessee?

In the wreck took place in Tennessee you should assume you only have one year to bring a legal action against the people and companies that caused the wreck unless a competent lawyer with knowledge of all of the circumstances tells you to the contrary.

However, it would be a mistake to wait any significant time to call a lawyer. The insurance and trucking companies often have expert witnesses and lawyers go to the scenes of serious trucking accidents. They are gathering evidence and preparing for a defense, and you need to have a lawyer start doing the same for you. Waiting even thirty days to get legal assistance may mean that valuable evidence is gone and therefore we urge you to contact an experienced truck and bus accident lawyer as soon as possible. Trucking and bus accident cases have been a part of my practice for 30 years.

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