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.

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 I live in a small town in East Tennessee.  I just had an addition put on my house.  The building inspector from my town came and approved the work done on the house, including the electrical work.  Two days later the entire house burned.  The cause of the fire was improper wiring work on the new addition.  Can I sue the building inspector for failing to discover the bad wiring job?

No.  Under Tennessee law a local government cannot be sued for negligent inspection.  Thus, even if you could show that the building inspector did a bad job, neither the inspector nor his employer can be sued.

You may have a claim against the electrical contractor and perhaps even the general contractor.  An experienced trial lawyer can help you investigate this claim and determine what rights, if any, you have.

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 I was hit at an intersection by a car belonging to the local sheriff's department.  The deputy ran a red light.  He did not have his emergency lights or siren on when the wreck happened.  Can I sue the deputy for the injuries I received?

No, but you can sue the Sheriff's department.  The individual deputy is immune from suit if the wreck was caused while he was on the job, but the Sheriff's department (county government) is responsible for the acts of the deputy.

Tennessee limits the amount of damages that can be awarded against a local government.  For wrecks occurring on or after July 1, 2007,  a "governmental entity" may not be required to pay more than $300,000 for any one person injured in an auto wreck or more than $700,000 for all people injured in a wreck. 

Different rules apply for medical malpractice cases.

If the deputy was not on the job at the time of the wreck he could be held personally responsible for his actions.

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I was driving to work in Franklin, Tennessee.  A police car driven by an officer who was on-duty ran a red light and hit my car.  I had to go to the hospital in an ambulance and spent three days in the hospital.  Can I sue the police officer?

No, you cannot sue the police officer.  Tennessee law does not permit you to sue a government employee who negligently caused an automobile wreck while he or she was on-duty.

However, you can sue the governmental entity that employed  the police officer, and it is responsible for the harm caused by the police officer if he or she is found to be negligent.  There are special laws that limit the liability of governmental entities that cause harm to their citizens in automobile wrecks and other types of personal injury cases, but an experienced personal injury lawyer can guide you through this process.

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I was hurt in a car wreck six 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.  

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.)

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.  

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I was hurt in a car wreck.  My back and leg were injuried.  I don't need surgery right now but who knows what will happen 10 years from now.  Can I settle my case for my medical bills, my lost wages, and my pain and suffering and an agreement that the at-fault driver will pay my future medical bills if I have any?

You can try, but in 29 years as a lawyer I have never seen the argument work.  If the at-fault driver's insurance company believes that its driver is at fault and they want to settle the case, they want to settle all personal injury-related claims at one time.   (They will usually settle property damage claims seperately.)   They will not agree to leave open the issue of future medical expenses.

Thus, if a doctor says you will probably need a future surgery because of the injuries you sustained in the wreck, the cost of that surgery and related damages can be part of settlement negotiations.  If the doctor says that future surgery is possible, then the amount of the possible surgery cannot be included.  If there is a trial, the court will allow testimony only on whether a future surgery is probable and, if a doctor says it is, then the court will allow presentation of evidence on the cost of the surgery and related damages.

I hasten to add that worker's compensation cases are different and, in those cases, it is very common that the employer bears the responsibility of paying future medical bills related to the injury even after a settlement or trial.  Be sure to ask your worker's compensation lawyer what responsibility the employer will have for your future medical bills before you accept any settlement proposal.

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I was in a car wreck about 6 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 $2000.   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 driving in East Tennessee.  A big truck came over the center-line into my lane and I swerved to avoid it.  I lost control and went off the mountain.  My friend who was in the car behind me saw the whole thing.  He told me that I went through a hole in the guardrail and that the hole had been caused by another wreck nine months earlier that the State of Tennessee had never repaired.   What are my rights?

First, if you can identify the trucking company and truck driver you would have a claim against them for crossing the center-line and forcing you off the road.

Second, even if you can't identify the trucking company, you may have a uninsured motorist claim that you can assert against your own insurance company.  Tennessee law permits you to make a claim on your own insurance when an unknown driver (called a "John Doe" driver) negligently causes a wreck.  The fact that your friend saw the wreck is critical to being able to prove this claim.

Finally, you may have a claim against the State of Tennessee for negligent failure to maintain the guardrail.  The validity of this claim will depend on whether the State had notice that the guardrail was missing.

An experienced personal injury lawyer can help you determine what rights you have.  Remember than under Tennessee law most personal injury claims must be filed in court within one year of the date of the wreck causing your injuries.

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I was driving in Nashville and a police car ran a red light and plowed right into the side of me.  I had to go to the hospital and they discovered that I broke my leg in the crash.  Can I sue the police officer for causing the wreck?

Under Tennessee law, you cannot sue the police officer but you can sue the local government that employed the police officer.  Therefore, if the police officer was employed by Metro Nashville, you can sue Metro Nashville.

Under Tennessee law, a governmental entity is responsible for certain negligent acts and omissions of its employees but its financial responsibility is capped at $300,000 for any one person, regardless of the seriousness of the injuries or even if the person is killed by the negligent act or omission.  Damages to property are limited to $100,000.   

There are various other unusual components to claims against local governments.   (For example, the case is decided by a judge, not a jury.)   An experienced personal injury lawyer will understand the law in this area and will be able to assist you.

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I live in a small town in Middle Tennessee.  I just had an addition put on my house.  The building inspector from my town came and approved the work done on the house, including the electrical work.  Two days later the entire house burned.  The cause of the fire was improper wiring work on the new addition.  Can I sue the building inspector for failing to discover the bad wiring job?

No.  Under Tennessee law a local government cannot be sued for negligent inspection.  Thus, even if you could show that the building inspector did a bad job, neither the inspector nor his employer can be sued.

You may have a claim against the electrical contractor and perhaps even the general contractor.  An experienced trial lawyer can help you investigate this claim and determine what rights, if any, you have.

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