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

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 was in a car wreck yesterday.  I thought I was ok but I woke up this morning and feel absolutely horrible.   Should I go to the doctor, or should I just tough it out?

You should see your doctor and accurately report the nature and extent of your concerns.   Call and make an appointment to get in and see the doctor as soon as you can.

Why?   There are three reasons.  First, your doctor may uncover a problem that is more serious than you think it is.  

Second, your doctor may prescribe some sort of treatment or therapy that will help you heal faster and minimize the impact of the injury on your life.  

Third, in the event that your physical problems continue the at-fault driver's insurance company will expect to see prompt consultation with a doctor about your problems.  The failure to promptly see a doctor may lead the insurance company to conclude that you were not hurt in the wreck or at least not seriously hurt.   More importantly, a jury may see it the same way.  Remember, the burden is on you to prove that the injuries you claim you had occurred as a result of the wreck.   And, whether it is fair or not, jurors (and insurance companies) are more likely to link the injuries to the wreck if prompt medical attention is sought.

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 I was in a car wreck last week.  I  spent five days in the hospital and am now recovering at home.  I am getting a couple calls a day from the insurance adjuster for the driver that hit me.  The message he left for me is that he wants to take a statement from me about how the wreck happened.  Should I talk to him and give him a statement?

We do not recommend that our clients give a statement to the other driver's insurance company.  There are several exceptions to this general rule, but even then we do not permit our clients to give a statement without adequate preparation for the interview.

We do not prepare our clients by telling them what to say or encouraging them to lie.  In fact, just the opposite is true:  we encourage our clients to tell the truth about the circumstances giving rise to the wreck, the nature and extent of their injuries, and everything else.   Preparation is necessary because insurance adjusters are trained in asking questions, and may ask questions in such a way that the unprepared witness will make mistakes.   These statements are almost always tape-recorded and can be used against the person in court.

Thus, I recommend that you talk to a lawyer before giving a statement.   

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I was hurt when I fell in on a slippery floor in a fast food restaurant.   I broke my left arm.  I missed six weeks of work on my construction job.  My lawyer says that we need a statement from my employer stating that I missed six weeks of work and indicating how much money I would have made had I worked.   Why is that necessary?  I don't want to hassle my boss with this.

Insurance companies need documentation because some people don't tell the truth about what happened to them or how the injuries they suffered cost them money.    The claims adjuster for the insurance company has to make sure that his or her file demonstrates that they did a good job gathering evidence to properly evaluate the claim.  This includes seeking information from other people, like your boss, to back up what you say.

I am sure that you are telling the truth about the time you missed from work.  The insurance adjuster may think you are, too.  But the adjuster needs to be able to prove to his or her boss that your claim was thoroughly and properly evaluated, and that is why documentation is necessary.

Your lawyer should help you get this from your boss.

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A neighbor fell off my porch the other day and he had to be taken to the doctor with a broken arm. Can I be held responsible for this?

Only if it is determined that you did not keep the premises in a reasonably safe condition for him and other guests on your property.   Therefore, it is important to understand how he came to fall of the porch. Did the railing break?   Was it rotten? Did he fall over the rail?   Was he sitting on the rail?   Was there no rail there at all?  Did local building codes require a rail?  And so on.

There are all sorts of questions that must be asked to determine whether you can be held responsible for what happened.

You should promptly call your homeowner’s insurance company and advise them what happened. You should also take pictures of the area where the fall occurred and write down the names of everyone present.  

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