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

I live in Kentucky but was injured in a wreck with a big truck on Interstate 40 right outside of Nashville.  Do I need a Tennessee lawyer?

You will almost certainly need a Tennessee lawyer.  A Kentucky 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 Kentucky would probably be able to negotiate a 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 a Kentucky 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 have a personal injury case going to try in Cookeville, TN next month.  How many jurors need to vote for me for me to win?

You will probably have a 12-person jury.  That is the typical number of jurors in a civil jury trial in Tennessee.  You and your opponent may agree to a lesser number of jurors, but you will almost certainly have 12 jurors (and one or more alternate jurors) hear the case.

All twelve jurors must vote for you for you to win the case.  Some states permit a lesser number (10 of 12, 9 of 12) but in Tennessee the jury verdict must be unanimous unless the parties to the lawsuit agree on that the verdict may be something other than a unanimous verdict.  For obvious reasons, the defense will rarely agree to such a proposal.

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My brother got killed in a car wreck.  Can I file a wrongful death lawsuit for him?

You can file a wrongful death lawsuit for your brother under only limited circumstances.  First, if you are named the executor of his will you have the right to file suit.  Second, if the court names you the administrator of your brother's estate you will have the right to file suit.  Third, if you brother was not married, had no children, and your parents are dead you would be considered "next of kin" and you would have a right to file suit.  

The right to file suit is different from the right to control the litigation. For instance, if your brother was married and his wife is competent, it is very possible that a court would let your sister-in-law control the lawsuit even if you were named executor of your brother's estate.

The right to file suit is different than the right to receive any money that results from a wrongful death lawsuit.  For example, under Tennessee law, a sibling will receive proceeds from a wrongful death lawsuit only if the decedent was unmarried, had no children and was predeceased by his parents.

All of this can get a little complicated.  An lawyer who has experience with wrongful death claims can guide you through the process.  Under Tennessee law, you should assume that a wrongful death claim must be filed within one year of the date of the injury that later results in death unless and until a lawyer familiar with all of the facts tells you that you have more time.

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