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

My brother killed our mother.  My brother and I are her only children.  Can I sue him? 

Under Tennessee law someone has the right to sue your brother and it might be you.  The act of murder under the criminal law is known as "battery" in the civil law.  One who commits an act of battery must pay damages for the harm he or she causes.

Your father would have the right to file suit assuming he is still alive and was married to your mother at the time of her death.

If your father predeceased your mother or was not married to her at the time of her death, you would have the right to file suit against your brother unless your mother had re-married at the time of her death.  If she had remarried, her husband would have the primary right to file suit.  

The fact that your father or your mother's husband may have the principle right to file suit doesn't mean that you do not share in the recovery.  In this situation under Tennessee law, you would be entitled to 50% of any recovery they are able to recover.

If your mother was not survived by a husband, you would have the right to file suit and would be able to keep 100% of any recovery.  

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 I was hurt in an accident with a big truck. I live in Tennessee and the wreck occurred in Tennessee.  My research has identified a bunch of out-of-state lawyers  who say they specialize in my type of case.  Can I hire an out-of-state lawyer to represent me in this case?

Yes, although the out-of-state lawyer must either have a Tennessee law license or must work with a Tennessee lawyer on the case.

The more important question is why would you hire an out-of-state lawyer to represent you?  There is a real advantage to hiring a lawyer who is familiar with Tennessee law (the law of every state is a little different) and who knows the way our legal system works.   There are some very good trucking accident attorneys  in this state  and thus it rarely makes sense to go to the trouble of finding an out-of-state lawyer to work on a case.  

If you hire an out-of-state lawyer read the employment agreement carefully and see if you bear the responsibility for travel expenses.  You may be responsible for the lawyer's travel expenses and those expenses will decrease your recovery.

I would encourage you to research the Tennessee lawyers who have experience in trucking cases before you think about hiring an out-of-state lawyer who may not know Tennessee law in trucking cases or the Tennessee law of procedure or evidence.  How do you choose the right lawyer for you?  Read our Legal Guide on the subject.  You may also find this Legal Guide helpful:  Understanding Truck Wrecks in Tennessee.

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 I was in an automobile wreck with a truck driven by a mail truck.  The wreck happened on the interstate in Robertson County, Tennessee.   Can I sue the driver and the Post Office for my injuries?

You can sue the Post Office, but there is a special process that must be followed.  The Post Office can only be sued in federal court after the failure of a special claims process.  

The law that gives you the right to sue the Post Office is the Federal Tort Claims Act.  The claim must be filed within two years of the date of the accident.  A special claim form must be used to file the case with Post Office.  If Post Office rejects the claim or does not act on it within six months you will have to file suit in federal court.

However, I hasten to add that just because the truck signage led you to believe that it was a Post Office truck that hit you it may well be that the truck was operated by a private company.  The Post Office hires private trucking companies to carry mail between cities.  If so, different rules apply.  For instance, because the wreck occurred in Tennessee if a private trucking company is involved suit must be filed within one year of the date of the wreck. 

It is suggested that you seek the advice of an experienced lawyer to guide you through this process.

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I was hurt in an intersection wreck case about nine months ago.  It wasn't my fault.  I have been waiting for over a year for the case to settle.  I lost three 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.   Tennessee law does not permit the recovery of interest in personal injury or wrongful death lawsuits.  Some states to have such a law and it encourages insurance companies to act more promptly and be more reasonable in their evaluation of cases.

The only exception to this rule is if you win a case.  When you win 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  $365,000 x 10% = $36,500 per year divided by 365 = $100 per day).  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.)

The inability to collect interest on personal injury and wrongful death lawsuits (unless a judgment is entered) is yet another reason why you want to hire a lawyer who will work to finish your case promptly and aggressively push the insurance company to either settle the case or try the case.

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I have a truck wreck case pending in Tennessee state court.  My financial situation is bad and it looks like I have to file bankruptcy.  What effect will that have on my personal injury case? 

First, I urge you to talk to your personal injury lawyer before filing bankruptcy.  This is essential.

Second, if you file bankruptcy you must list your pending lawsuit as an asset.  Failure to do so will create a big problem for you.  Then, you truck accident case lawyer must get approval of the bankruptcy trustee and the bankruptcy court to continue to represent you.  

Third, the bankruptcy trustee and the bankruptcy court will have a large element of control over your case.  The trustee will be involved in settlement negotiations or, at a minimum, have the right to reject and tentatively accept any offers in the case.  The bankruptcy court will have to approve any settlement.  There is a risk that the bankruptcy trustee and the bankruptcy judge will settle the case for an amount less than you would have otherwise settled the case for.

Fourth, the money in the settlement will go to the bankruptcy court to be used to pay the claims of your creditors.

This is just a brief statement of the impact of a bankruptcy filing at this time.  There are other consequences to a bankruptcy filing not listed here.  However, this should be enough information to let you know that filing bankruptcy is not something you should do lightly under any circumstances, and certainly not when you have a pending personal injury claim of any type.  

So, the first line of my response is essential:  talk to your personal injury lawyer before you talk to a bankruptcy lawyer.  An experienced personal injury lawyer can guide you through all of the factors you should consider.  He or she may wish to consult a bankruptcy lawyer for guidance.  But, what ever you do, do not file bankruptcy without talking with your personal injury lawyer first.
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My neighbor and I have been fighting about my dog for years.  My dog stayed in my yard, but it barked a lot because the kids in the neighborhood would torment it.  

Anyway, I woke up this morning and my dog was dead.  I looked in his dog bowl and there was some substance mixed in with the food.  I took it to my vet and she said that the substance was rat poison and that  my dog ate it and bleed to death internally.  

I asked my neighbor about it and he just laughed.  I went to the hardware store in town and the lady that owns it said my neighbor was in there two days ago and bought some rat poison.

Can I sue him?  I loved my dog and I don't think it is right that my neighbor killed it.

Yes, you can sue for the loss of your dog.  To win your case, you have to be able to prove more likely than not that your neighbor killed your dog.  You then must be able to prove the value of your dog.  

Tennessee law also permits you to recover up to $5000 for the compensation for the loss of the reasonably expected society, companionship, love and affection of your dog when the dog's death occurs under the circumstances you have described.   The recovery of this type of damage is permitted by T. C. A. Sec. 47-14-403.

There are a couple of other relevant factors for you to consider.   You must prove not only that your neighbor killed put poison in your dog's food  but  also how the dog died.  This will require proof from your vet. You may have to reimburse your vet for her time in coming to court to testify, and that may be expensive.

Second, it makes little sense to sue someone who does not have the ability to pay the money you can win if you are successful in your case.  In other words, make sure that the person you sue has the resources to pay.

Finally, you may have difficulty finding lawyer to help you in this matter and, if you do, it may cost you more money that it is worth to pursue this case.  Make sure you understand what.it will cost you to pursue this case before you file a lawsuit.

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I was hurt in a car wreck and I need a personal injury lawyer.  How do I figure out which lawyer to hire?

If you look around it seems like there are thousands of lawyers who say that they handle personal injury and wrongful death cases. In Tennessee and many other states, any lawyer can say that they do personal injury and wrongful death litigation, and it is left to the consumer to figure out what to look for in determining which lawyer to hire for your case.

We have created a Legal Guide that will help you conduct the right research and ask the right questions so that you can hire the best lawyer for your case.

When you look at this Legal Guide, you will probably be a little intimidated.  It is rather long, and it suggests that you look at lots of different factors in determining who to hire as your lawyer.

We believe the extra effort is worth it.  Hiring a lawyer is an important decision.  The right lawyer can help your case, and the wrong lawyer can hurt your case.

You need to know what lawyers know:  Only a relatively small percentage of lawyers routinely handle personal injury cases, and a much smaller number of lawyers have the ability and experience to handle a serious case.  This Legal Guide will help you identify the factors that lawyers use to when they want to hire a personal injury or wrongful death attorney.

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I saw a car wreck last year.  Apparently a lawsuit was filed and now they want to take my deposition.  I got a subpoena saying I have to show up at some lawyer's office and give a deposition.  Do I have to do it? 

Yes.  There are a couple technical rules that the lawyer had to follow concerning proper notice of the deposition, proper service of the subpoena, selecting a proper location for the deposition, but assuming the lawyer did those things right then you have to show up unless you receive permission from the lawyer issuing the subpoena not to show up.

Sometimes lawyers will subpoena a person to a deposition only because the person refuses to have an informal meeting with them and discuss the case.  If that is true in your situation, you may wish to meet with the lawyer and perhaps the deposition will be canceled.  Remember, however, that there are probably at least two lawyers involved in the case and the lawyer for each of the parties to the case will want to know what you saw.  So, it might actually be easier for you give a deposition.

If the date and time is inconvenient for you, feel free to ask the lawyer to re-schedule the deposition. Most lawyers will accommodate you.  If not, you can ask the court to change the date and time, but that involves you filing papers with the court and that can be a hassle.

Whatever you do, make sure you don't ignore the subpoena.  Courts frown on that and you may find yourself having to explain to a judge why you didn't show up.  That will involve even more inconvenience to you and, in fact, since a subpoena is a court order, it is possible that the judge could throw you in jail for violating a court order.

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My car was broadsided when another driver ran a red light.  He reeked of pot, and the cops gave him a ticket for operating under the influence.  I thought you could only get a ticket for operating a vehicle under the influence of alcohol? 

Marijuana affects one's ability to operate a vehicle.  Recently published research indicates that the when one is using pot that overall odds of a crash are 2.66 times higher than for those who were not using it.

Tennessee Code Annotated Section 55-10-401(a)(1) provides that

It is unlawful for any person to drive or to be in physical control of any automobile or other motor driven vehicle on any of the public roads and highways of the state, or on any streets or alleys, or while on the premises of any shopping center, trailer park or any apartment house complex, or any other premises that is generally frequented by the public at large, while under the influence of any intoxicant, marijuana, controlled substance, drug, substance affecting the central nervous system or combination thereof that impairs the driver's ability to safely operate a motor vehicle by depriving the driver of the clearness of mind and control of himself which he would otherwise posses.

Thus, those who choose to use pot and drive can be charged with operating under the influence just like an alcohol user.

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I see all of these lawyers saying that they will give me a free consultation.  What does that mean?

Lawyers are just like anyone else - they have only so much time in a given day.  To make a living, many lawyers charge by the hour.  Other lawyers charge a flat fee for a given service.  Other lawyers charge a contingent fee, which means they get paid only if they win your case and, and the case is won, they take a percentage of the money they win on your behalf.

So, when a lawyer says that he or she will provide a free consultation it means that they will sit down with you, hear about your problem, and give you some initial thoughts about it, at no charge or obligation to you.  This meeting gives you a chance to "interview" the lawyer and the lawyer the chance to interview you.   At the end of the meeting you are free to decide that you do not want to hire the lawyer and, likewise, the lawyer may decide that he or she cannot help you with your problem.

Make sure you understand before meeting with the lawyer whether there is any charge for the initial consultation.  Once again, most personal injury and wrongful death lawyers offer a free initial consultation.

To schedule a free consultation with our office on any type of Tennessee personal injury or wrongful case, please call  615.742.4880 or 866.812.8787 (toll-free) or fill out this form and send it to our office.  

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I was involved in a car wreck in Springfield, Tennessee last Spring and last Friday I got sued.  What do I do now? 

First, call your insurance agent and tell him or her that you have been sued.  

Second, your agent may tell you to send the papers to him or her.  Do it promptly.  Make sure you can prove that you sent the papers.  If the agent gives you the name, address and telephone number of someone else who needs to receive the papers, send the papers to that person.  Once again, make sure you can prove that you sent the papers.

Third, wait until you hear back from your insurance company or the lawyer that your insurance company will hire for you.  Do not attempt to respond to the lawsuit on your own.  Then, let the insurance company lawyer guide you through the process.

If you did not have insurance in force at the time, you will need to hire a lawyer to represent you.  Act quickly, because under Tennessee law you must file a response to the lawsuit within thirty days of the time it is served on you.  Do not attempt to defend the case on your own.

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My lawyer just settled my Tennessee personal injury case.  I signed the check and the other papers.  Now my lawyer says I can't have the money for ten days because he has to hold the check in his trust account until it clears.  That can't be right.  Is he just skimming the interest off my money? 

No.  Your lawyer is doing exactly what he is required to do.  Lawyers must maintain a separate bank account known as a trust account.  It is for client funds - and only for client funds.  When a check is deposited into that account, the lawyer cannot write a check out of that account until the deposited check clears the bank.  For out-of-state banks, that can take ten business days.  Sometimes the check can clear more quickly, but ten business days is a standard time.

Your lawyer is not making interest on the money.  The interest that is earned is taken by the bank and given to the Tennessee Bar Foundation which in turn donates the money to advance justice.  Thus, your lawyer has no financial reason to hold your money one second longer than he must to meet the ethical obligations involved in administering a trust account.

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I was in a car accident in Clarksville, Tennessee.  The guy that hit me ran a red light but the police officer did not give him a ticket.  Three people told the officer that the guy ran the light!  What's going on? 

Probably nothing is going on other than the officer giving the driver a break.  It is not uncommon for police officers not to give tickets in this type of situation.

The failure of the officer to give a ticket will not affect your rights to bring a claim against the driver.   In fact,  if he received a ticket and paid it you would not be able to introduce that fact as evidence at a personal injury trial.

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I was hit by a drunk driver and was seriously hurt.  The police officer told me the guy tested .20 - over twice the legal limit.  I found out that the guy spent all afternoon in a local bar and was on his way to another bar when he hit me.  Can I sue the bar where he got drunk? 

Perhaps.  Tennessee law permits you to sue a bar that over-served a drunk driver if you can prove beyond a reasonable doubt that they served alcoholic beverages to a visibly  intoxicated person.

If your information is correct and the drunk was only served at one bar, you must then be able to demonstrate that he was visibly intoxicated and therefore the bar should have stopped serving him.  You also must be able to demonstrate that the driver's drunken condition contributed to cause the wreck.

An experienced personal injury lawyer can help you investigate this matter and determine whether a claim can be successfully asserted.

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I was in a car accident in Murfreesboro and hired a personal injury lawyer to help me resolve my case. She warned me to be careful about Facebook and Twitter.  Why? 

When you get involved in a personal injury lawsuit after a car wreck, the other driver's  insurance company and its lawyers will investigate you and determine whether there is any information in your background that can be used to destroy your claim or reduce its value.  It is not uncommon for the insurance company to look at Facebook and Twitter to determine was you wrote about your accident, your injuries and your post-wreck activities.   Likewise, the insurance company will be looking to see what your friends wrote about these matters.

The insurance company will also be looking for pictures of you that can be used to say that you do not have the injuries you claim or that your injuries are not as serious as you claim.

Therefore, the Law Office of John Day advises its clients to be extremely careful about such matters and to truthfully report the nature of all injuries related to the accident and the activity restrictions that occurred as a result.  Indeed, we prefer that you stop posting all together until after your case is over. Any mistakes you make can harm and perhaps even destroy your claim.

This advice applies not just in car wreck cases but in all types of personal injury and wrongful death cases, including truck accidents, motorcycle accidents, slip and fall cases, and medical malpractice cases.

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I was driving in Nashville and was broad-sided by a taxi that ran a red light. I was hospitalized for four days and am not yet back to work.   What are my rights?

You have a personal injury claim.  Our office has published this Legal Guide to answer your questions on the law of automobile accidents in Tennessee.  This Legal Guide will help you understand the damages you may be entitled to receive.

The problem you will face is that many taxis are owned by the individual driver and have very limited insurance coverage.  If that is true in your case, you will have to rely on uninsured / underinsured motorist coverage to recover damages.

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I responded to a "pay for click" lawyer ad to try to find a lawyer for my car accident case.  I met the lawyer at a coffee shop.  I asked him where his office was.  He gave me a business card with the address.  I checked it out on Google Maps and it is an apartment where I guess he lives.  Should I be concerned about that? does

Probably.  It is a stretch to say that a lawyer who works out of his apartment is not competent, but it is not unfair to question whether a lawyer who lives in an apartment and who does not have a traditional office of any type (a) has the experience you need for your case; (b) has been successful handling your type of case; (c) has the economic resources to invest in your case;  and (d) has the support staff necessary to successfully prosecute your case.

There are plenty of lawyers out there who probably charge the same fee as this lawyer but who live and practice law in such a way that you do not have to worry about these issues.  Unless you are willing to do a significant amount of work to check out this lawyer's experience, expertise and financial ability to handle your case, I suggest that you work to find a different lawyer.  

What should you look for in personal injury lawyer?  Read out Legal Guide called "Understanding How to Hire a Lawyer in  Personal Injury and Wrongful Death Cases."

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What is the number of personal injury and wrongful death cases that are filed every year in Tennessee state courts?

For the year ended June 30, 2010 (the most recent year for which statistics are available) these were 10,469 tort cases filed.  (Tort case include all types of personal injury and wrongful death cases, including medical malpractice cases).  Included in that total are 324 medical malpractice cases.

There were 263 tort cases tried to a jury in the year ended June 30, 2010, Thirty (30) of those trials were medical malpractice trials.

More information is available here.

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I had a case pending in Circuit Court in one of the counties in Middle Tennessee.  The defendant filed  a motion for summary judgment and my lawyer forgot to respond on time so the judge dismissed my case.  Can I sue my lawyer for not filing papers on time to keep my case alive?

Assuming that your lawyer had proper, timely notice of the motion for summary judgment and she was still representing you at the time the papers were due, she should  have filed a response to the motion for summary judgment assuming that there was a good faith reason to oppose it.  A lawyer cannot oppose a motion unless there is a good faith basis in the facts and / or the law to oppose it.

If you sue the lawyer, you will have to prove that (a) the lawyer should have filed on response; (b) the failure to file a response caused you to lose the motion; (c) if the case had not been dismissed you would have won the case; and (d) the amount of damages you would have won.

Expert testimony will be required to prove points (a) and (b).

If you want to sue this lawyer you must do so within one year of the time you knew or should have known that the lawsuit was dismissed.  Failure to file suit on time will result in a loss of your rights.

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Does Tennessee have any limits on punitive damages in personal injury and wrongful death cases?

Yes, for all injuries and deaths that occur as a result of reckless or malicious acts on or after October 1, 2011.

Under the new law, punitive damages are limited to $500,000 or two times the compensatory damages awarded in the case, whichever is more.  Punitive damages are not limited in cases involving those who cause harm while under the influence of drugs and alcohol and those who intend to cause physical injury.  Punitive damages are prohibited in certain other types of cases.

If the injury or death occurred before October 1, 2011, there is no statutory limit on the amount of punitive damages that can be awarded.

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I was riding my bike on a residential street in Nashville, Tennessee and a dog attacked me.  I know who owns the dog.  I crashed my bike and broke my elbow.  Is the dog owner responsible for what happened? 

Perhaps.  I would need more facts but under Tennessee law dog owners are not supposed to let dogs run at large and are responsible for the harm caused by the dog if the dog is permitted to run at large.

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