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

The Clerk of the Circuit Courts for Davidson County, Tennessee has released the following statistics for jury trials for 2011:

• There were 10 health care liability (medical malpractice) jury trials.  The health care providers won six of those cases, the patient won two, and the other two cases resulted in a hung jury.
• There were 36 auto liability cases tried, 22 of those to a jury.  The plaintiff won 25 of those cases.  Note, however, that the word "won" means that the plaintiff recovered some amount of money - not that the amount beat the defendant's last offer or was otherwise a reasonable amount.
• There were only two jury trials in December, 2011 one of which was a health care liability case (defense verdict) and one of which was an auto case (case dismissed by judge).

Despite what one reads in the papers or hears on the news, there are relatively few jury trials.  This number has steadily decreased across the entire state for many years.

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The general rule in Tennessee is that a personal injury lawsuit for an adult must be filed within one year of the date of an incident causing an injury.   The failure to file a lawsuit on time will result in a loss of the right to bring a claim even if the case is otherwise valid

There are several exceptions to that rule, some that shorten the period in which a lawsuit must be filed and other exceptions which lengthen the period for action.  For instance, if you are injured by a defective or unreasonably dangerous product you must bring your claim within one year of the date of the injury but also within ten years of the date the product was sold to the first user or consumer.  

For example, assume that you were hurt on January 31, 2012 because of a defect in a car that was sold to the first user or consumer on June 30, 2002.  Under Tennessee law, you would have only five months to file a lawsuit against the car manufacturer or the manufacturer of the part or parts that were defective.

There are other unusual (and often unfair) rules under Tennessee law.  You should not attempt to figure out that application of those rules yourself - you will need the help of an experienced Tennessee personal injury attorney to help you.  

So, how do you protect yourself?  When you are injured or are a family member or close friend of an injured person who cannot act for himself or herself, seek the advice of an experienced  lawyer as soon as possible.  There are all sorts of reasons for quick action (securing physical evidence, witness investigation, etc.) but quick action will also help you know for sure how much time is available to take appropriate legal action if it is warranted.  

Do not wait until your recover from your injuries to talk to a lawyer.  Do not assume that your injuries will heal without long-term impact on your life.  Our office does not charge for an initial consultation about your case.

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I was in a car accident in Springfield, Tennessee.  I was hurt but I am not sure that I want to get involved in a lawsuit because I don't want to give a deposition.  I really don't understand what a deposition is but my friend said she had to give a deposition and that it was bad.  What is a deposition anyway? 

A deposition is testimony given by a the person bring a lawsuit (the plaintiff) or the person who was sued (the defendant) or witness in a lawsuit before the case actually goes to trial. The person giving the statement is called the deponent. 

A deposition is usually taken in the office of one of the lawyers involved in the case, although I have taken depositions in conference rooms, motel rooms and, one time, a bar.  

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.

Most people are nervous about giving a deposition, but usually the lawyers involved are very courteous.  Any lawyer you hire to help you with your case should  prepare you for the deposition.  He or she will not tell you what to say about the event or your injuries, but he or she will give you basic rules for conducting yourself at the deposition and practice with you to give you a feel for the deposition process.

You should not let your fear of a deposition stop you from bringing a valid claim arising from a car accident or any other situation.

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I am in a lawsuit over a car accident that wasn't my fault.  The insurance company wants to see my old medical records.  What does my past medical treatment have to do with my  car wreck case involving a broken hip? 

Answer: 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. 

In your particular case, the insurance company will be looking to see if you had a prior hip problem or other medical problem that affected your overall well-being or your able to work or enjoy recreational activities.  

The mere fact you were in a wreck doesn't mean that the insurance company has an automatic right to look at all of your medical records since the date you were born.  An experienced Tennessee car accident lawyer can often limit the scope of the record review by the at-fault driver's insurance company.

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Motions can also used to ask the court to set a case for trial, to dismiss a case, and for a host of other reasons. 

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I am involved in a lawsuit and I had to answer interrogatories.  How do lawyers use interrogatories at trial?

Interrogatories are written questions sent from one party in a lawsuit to an opposing party about issues related to the lawsuit.  For example, in a lawsuit arising from a motor vehicle collision, each driver may send interrogatories to the other ask for driving histories, including whether the opposing driver has ever received a driving citation. The party responding to interrogatories must sign a statement swearing or affirming that the responses to the interrogatories are true.

How are answers used at trial?   Assume for example that you were served with an interrogatory that asked if you were aware of any witness to the car wreck involved in the case.  Assume that you said in answer to the interrogatory that  you were not aware of any witnesses, but then attempted to call an eyewitness at trial.  Unless the opposing party had knowledge of the eyewitness by some other means, the trial judge may well exclude the eyewitness from testifying at trial because you did not include the name and address of the eyewitness in your interrogatory answers.  

There are many other examples.  For instance, if you are asked and fail to disclose a prior criminal conviction, the fact that you did not tell the truth in answering interrogatories can be used at trial.

Interrogatories are an important part of the civil litigation process.  Complete, truthful responses to interrogatories is very important.

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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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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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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 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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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 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 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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 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 in a car wreck and have filed a lawsuit.  I hurt my back.  Now the jerk that hit me and his insurance company want to have me examined by a doctor that they hire.  Can they do that?

If your medical well being is in question in a case the opposing party may request that you undergo a medical evaluation by a doctor of their choosing.   That doctor will offer his or her opinion about the nature and extent of your injuries and the impact of those injuries on your later life. That doctor may disagree with your doctor’s opinion as to the nature and extent of your injuries, and the jury will hear from both doctors at trial.  

Under certain occasions, the court may refuse to permit a defense medical examination.  An experienced personal injury lawyer is likely to know the circumstances under which a court will refuse a medical examination or prohibit a certain doctor from conducting the exam.

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I just won a personal injury case at trial.  What happens next? 

If either the plaintiff or defendant does not agree with the jury’s decision, they have thirty days from the date that the signed judgment is filed with the Clerk of Court to ask the judge to change the result. The judge has the power to do five things.

First, the judge can set aside the result of the jury entirely and enter a judgment for the other side. This is called a “judgment notwithstanding the verdict.” The judge will do this only if he or she believes that the no reasonable jury could reach the result it did. This is very rare. A judge’s decision to grant or deny a request for a judgment notwithstanding the verdict may be appealed to the Tennessee Court of Appeals.

Second, the judge can order a new trial if he or she is dissatisfied with the verdict. The judge does not have to give a reason why he or she is dissatisfied with the verdict. Ordinarily, a judge’s decision to grant a new trial because of dissatisfaction with the jury’s verdict cannot be appealed immediately. If a new trial is ordered by the judge the litigants will then have another trial before a different judge and jury at a later date.

Third, the judge can approve the verdict and make the judgment a final judgment. If that occurs, the case is over unless there is an appeal to the Tennessee Court of Appeals.

Fourth, the judge can increase the amount of the verdict. This is called an “additur.” The judge will do this if the judge feels the amount awarded by the jury was unreasonably low. This rarely occurs. If a verdict amount is increased, the defendant can accept the increased amount and pay the judgment, accept the increased amount under protest and appeal the increase to the Tennessee Court of Appeals, or have a new trial before a different jury at a later time.

Fifth, the judge can decrease the amount of the verdict. This is called a “remittitur.” The judge will do this is the judge feels the amount awarded by the jury was unreasonably high. This too is rare. If a verdict is reduced, the plaintiff can accept the reduced amount, accept the reduced amount under protest and appeal the reduction, or have a new trial before a different jury at a different time.

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Are there deadlines for filing lawsuits in Tennessee?

 Yes.  Statutes of limitation passed by our legislature limit the time to file a lawsuit in all types of cases.  The length of time varies depending on the type of case.  In most instances you have one year from the date of the incident causing injury  or death to bring a lawsuit, although shorter time limitations apply in some types of cases.  

There are other laws known as “statutes of repose” that provide absolute deadlines on filing lawsuits.  This type of law may result in you losing your rights before you know you have suffered an injury.  

Given the many factors that must be considered in determining your specific deadline to file a lawsuit, the best course of action if you believe you have a potential legal action is to contact a lawyer immediately. Our firm will meet with you at no charge to help you determine if you have a claim and help you understand what deadline for taking action actually applies in your case.

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I am in a personal injury lawsuit.  The other side has sent a bunch of interrogatories and I do not want to answer them.  It is just too much work and they are asking a lot of questions that are not of their business.  What happens if I don't answer them?

If you don't provide answers within the time required by law your opponent can file a motion to compel you to answer.  The judge will give you additional time to answer.

If you don't answer in the extended time the judge gives you the judge may order sanctions against you.  The judge could even dismiss your lawsuit.

At any stage in this process you are at risk for having to pay the other side's attorney for trying to get you to answer the interrogatories.

So, I suggest you answer them.  Your lawyer will help you.

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I have a tractor-trailer wreck case that goes to trial in about six weeks.  I am afraid that the jury will learn that I served two years in prison on a burglary charge about 15 years ago.  I feel like I paid my debt to society and I don't want my mistake of many years ago held against me now.  Will the jury be told about my crime?

No, assuming that you told the truth about it in this litigation any time you were asked about it.

During the discovery process it is  common to ask  an opponent about past criminal charges and convictions.  These questions must be answered truthfully.  Proof of a prior felony conviction ordinarily  is not admissible at trial in Tennessee if the conviction is more than ten years old., but it is permissible to ask about "old" convictions and charges during the discovery phase of the case.

If you do not tell the truth about your past, you may make an otherwise inadmissible criminal history admissible.  Why?  Because the erroneous answer you gave will be admitted into evidence to show that you did not tell the truth under oath.

This is yet another reason why it is essential that you tell the truth during litigation - the failure to do so can really harm your case.  Experienced, honest personal injury lawyers actively encourage their clients to be 100% truthful during litigation.  There are many legitimate ways to keep prior mistakes out of the trial of a personal injury case, but only if truthful answers are given to questions about this mistakes during the discovery process.

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I have heard about a movie called "Hot Coffee" and that it discusses that crazy case where the woman spilled coffee on herself and got a bunch of money from McDonald's.  Who made a movie about that? 

Susan Saladoff did.  Susan is a lawyer from Oregon who felt inspired to tell the real story about what happened to Stella Liebeck, the Albuquerque woman who spilled coffee on herself and sued McDonald’s, while exploring how and why the case garnered so much media attention, who funded the effort and to what end. 

Susan explains that 

Despite the fact that federal legislation has never been successful, big business interests have won in the hearts and minds of average people. They launched a public relations campaign starting in the mid-80’s and continuing over the last two decades to convince the public that we have out of control juries, too many frivolous lawsuits and a civil justice system that needs reforming.  They have used anecdotes, half-truths and sometimes out and out lies in their efforts, for one purpose – to put limits on people’s access to the court system, the one and only place where an average citizen can go toe to toe with those with money and power and still have a shot at justice.

Because of the success of the public relations campaigns, paid for by tobacco, pharmaceutical and insurance companies, to name a few, our civil justice system is not impartial. Jurors have been led to believe that a large verdict will affect their pocketbooks. Voters believe that we have a court system out of control that needs reforming.  Although there are consumer advocacy groups who have attempted to set the story straight, there has yet to be enough money to launch the kind of public relations campaign for consumers that can even begin to combat and challenge the public relations campaigns of pro-business and tort reform groups. Over the last few years, however, documentary films and independent film festivals have become a vehicle for alternative ideas to get a public forum.

So, she put together this film as a public education effort.  Watch the trailer here.  

The movie is now being shown regularly on HBO.   If you want to order the movie, click here.  Note, however, that you won't receive the movie until this fall.

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 I am involved in a car accident  case in Tennessee state court .  How many jurors must agree to a given result?

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I have a personal injury case in Tennessee.  My doctor has to give a deposition in my case and my lawyer just told me that the doctor charges $1500 per hour for a deposition.  What is going on?  I have already paid this doctor over $15,000 to care for me and now he wants to charge $1500 per hour to talk about it!!! 

Unfortunately, this is getting to be a bigger and bigger problem.  A doctor is permitted to charge for their time when  asked to give a deposition involving care which he or she gave to a patient who is involved in a lawsuit.  The charge must be "reasonable."

So, the question is $1500 per hour "reasonable?"   Part of it depends on how much the doctor ordinarily charges for his time.  In a 2000 hour year a charge of $1500 per hour results in revenue of $3,000,000 per year.  

The lawyer for the patient has a different job here.  The lawyer does not want to offend the doctor who hopefully will testify favorably for his patient, but the lawyer hates to spent so much money to get this testimony.  

A wish I had a better answer to this question.  It is truly unfortunate that this is an issue.

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My truck wreck case is coming to trial before a Nashville, Tennessee jury soon. There will be a 12-person jury.  Must they all agree on the result?

Yes, unless the lawyers agree otherwise, all 12 jurors must reach an agreement on the result in the case.

In some states, the law permits jurors to reach a result based on the votes of a "super majority" of the jurors.  For example, some states allow 9 jurors to agree or 10 to agree on one result and the other 3 or 2 jurors can reach a different result.   That is not true in Tennessee - all 12 must agree.

If all the jurors do not agree, the judge declares a "mistrial."   When that happens, the case must be re-tried. 

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My case just settled.  I went to my lawyer's office today, and signed the check and a release of all claims.  My lawyer then said that he needed to put the check in his trust account and I could have my money in about 10 days.  Can he do that?

Your lawyer is doing exactly what he should do.  Lawyers maintain trust accounts to hold client funds.  Your lawyer was required to deposit that check into his trust account and not disburse any funds until the check was paid by the issuing party's bank. 

Some checks take as long as ten business days to clear.  Believe it or not, last year I had  a settlement check issued by a defendant bounce.  Thus, if I would have paid the money to my client without ensuring the check had been paid by the issuing bank I would have been giving my client money that belonged to another client.  That would create a big problem, both for my clients and for me.

So, your lawyer is handling this situation exactly the way he should handle it.  You should take some comfort knowing that he is protecting your money as required by the ethical principles applicable to the legal profession.

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I am involved in a medical malpractice case in Tennessee state court.  How many jurors must agree to a given result?

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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If I file a personal injury lawsuit will the person I am suing be able to see my medical records? 

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.

In Tennessee, most judges will permit your opponent to see your medical records if the the request  "is reasonably calculated to lead to the discovery of admissible evidence."   Thus, if you injured your leg in the incident giving rise to the litigation, the records for prior medical treatment at an OB-GYN may be able to be kept private.  

Experienced personal injury lawyers have a good idea how much medical information will need to be disclosed to the other side.   Every situation turns on the precise facts.

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 I was hurt in a car wreck.  My left arm 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's insurance company 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 $35,000.   I have been released by my doctor.  My lost wages are $12,000.   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 affects the lawyer's  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 hurt in a car wreck in Sparta, TN.   I lost six weeks from work but I am now back to work and think I will be able to work in the future.   I hired a lawyer but we could not get the case settled.  A lawsuit was filed.  Now, the insurance company of the guy that hit me says they want my federal tax returns.  I don't think it is any of their business.  Can they make me give them my tax returns?

Probably not, although the defense  does have a right to have proof of your loss of income.

If our clients are uncomfortable about releasing their tax returns, we typically argue that tax returns are not discoverable in personal injury cases and instead will produce only the W-2 forms (which show the income earned from each employer).  Our position is the tax return contains much more data than income information and that in a person injury case it is only data about income that has anything to do with the case.

The situation is a little different if we represent a person who owns his or her own business and he or she does not take a regular paycheck.  Under those circumstances we have to turn over additional data to the defendant.

I must concede, however, that some judges will make us turn over our client's entire tax return even though we object.  If a judge orders us to do so we of course do it.

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I won a personal injury trial in circuit court in Smith County, Tennessee?  How long does the defendant have to appeal the jury verdict?

First, the court has to enter a judgment on your verdict.   The defendant then must file a notice of appeal to the Tennessee Court of Appeals within 30 days.

However, the defendant can ask the trial court to set aside the verdict, grant a new trial or reduce the verdict.  If the defendant wants to do this, the appropriate papers must be filed within 30 days after the judgment is entered in your case.   If the defendant files these papers on time, the court will usually have a hearing and then issue a ruling.  If the court refuses to set aside the jury verdict or grant a new trial, the defendant will have 30 days from the date that of the court's order to appeal.  If the court reduces the verdict, you can accept the lower amount, accept it under protest and appeal within 30 days, or elect to have a new trial.  

So, a jury verdict is in one sense the end of a case and in another sense simply sets in motion the right of the losing party to complain about the result.  In fact, even the winning party can complain that not enough money was awarded.  

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I was hurt in a car wreck that wasn't my fault.  I don't have any health insurance.  I have medical payments coverage on my car insurance but it was only $10.000 and it has already been paid to various doctors and hospitals.  Now, my doctor says I need physical therapy but I don't have the money.  Worse yet, my lawyer says he won't pay for it.  What do I do?

Your lawyer is correct.  Under ethics rules applicable to lawyers in Tennessee, a lawyer cannot advance you money for any medical treatment.  A lawyer can advance money for the benefit of the client for litigation expenses, but he or she cannot provide money to a client (or potential client) for any other reason during pending litigation or in anticipation of employment.

What can the lawyer do to help you?  Sometimes health care providers can be persuaded to treat a patient who has a pending personal injury case if the client promises in writing to pay them out of any settlement monies.  Under this type of arrangement, the client directs the lawyer to withhold money out of any settlement and directly pay the health provider, and the lawyer promises the provider that he or she will do so.   No health care provider must do this, but it is not uncommon for physical therapy companies to agree to do so if you have a case where the other driver is clearly at fault.

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How many justices serve on the Tennessee Supreme Court?

Five.  The justices are selected by the Governor from a panel of three persons selected by a commission.  The commission interviews and evaluates lawyers who apply for an open seat on the Court. 

Go here for more information on the Tennessee Supreme Court.

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I was hurt in a car wreck.  There is a witness listed on the accident report but he won't talk to me.  I need his help.  Can I make someone testify?

You cannot make anyone speak to you.  If a lawsuit is filed, you can serve a subpoena on a person who has or allegedly has knowledge about a case.  A subpoena is a document issued by a court that requires someone to appear at a stated location and give testimony.  A person can be subpoenaed to give testimony for a deposition, hearing or trial.

The mere fact that a person can be commanded to attend a deposition, hearing or trial does not necessarily mean that they will tell the truth about what they observed or know or that they will cooperate.  In other words, a subpoena can be used to force someone to show up, but it does not force them to give truthful testimony.

An experienced lawyer can often help persuade someone to cooperate with the litigation process even in the absence of a subpoena.  Although no one likes to be inconvenienced by giving testimony in someone else's case, many people can come to understand that they have a moral obligation to testify truthfully and that by cooperating with the people involved in litigation the likelihood of settlement increases, thus eliminating the need for a deposition or trial.

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I was hurt in a car wreck and I think I have a really good case.  I think I should get $1,000,000 - it seems like people get that much and more and they aren't hurt as bad as I am.  Will I get $1,000,000 in my case?

There is no way that I can answer that without having a whole lot more information that you have shared to date.  

Million dollar verdicts are rarer than you might think.  When they occur, they tend to hit the newspaper, but the statistics tell us they are quite rare in Tennessee.

Shannon Ragland has a publication called the Tennessee Jury Verdict Reporter.  A recent report published  by Shannon indicates that there have been 84 jury verdicts over $1,000,000 in Tennessee in the last six years. During that same period, there have been 1769 jury trials in civil cases.  Thus, a 1,000,000 jury verdict happened in less than 5% of all trials.

In automobile wreck cases the number of $1,000,000 verdicts is quite small.  In the last six years there have been only 8 such verdicts in 957 jury trials.

Let me add that these numbers represent verdicts, not settlements.  There are certainly additional cases that have been settled for more than $1,000,000.    However, for every case that is settled for over $1,000,000 my guess is that there are 50 or more that are settled for less.

Statistics have very little to do with the value of your case.  Each case stands on its own facts.  But, these numbers indicate  it would be a mistake to assume that million dollar verdicts are a regular occurrence in Tennessee because the fact of the matter is they do not.

An experienced personal injury lawyer can help you determine a reasonable value for your case.

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Will my case actually go to trial?  I have a car wreck case and my lawyer says it will probably settle.

Statistically speaking , your case is very likely to be settled.  Well over 95% of cases are settled, especially car wreck cases.  

Cases settle because the litigation process includes an exchange of information that will permit each side to evaluate the other side's case.  

Will your case settle?  That is impossible to answer, because it depends on the facts of your case and the mindset of each person involved (including you).

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I was hurt in a car accident that wasn't my fault.  I filed a lawsuit with the help of a lawyer.  We have a trial in two weeks.  I was offered some money but I don't think it is enough.  My lawyer thinks it is and he has advised me to settle the case.  Can I make him go to trial and get more money?

Yes, you can reject the settlement and say that you want a trial.  However,  just because you go to trial you will not necessary get more money and your lawyer will not be able to promise you that you will get more.  In fact, it is always possible that you could get less.

I obviously don't know whether the amount of money you have been offered is a fair amount or not.  I do know if you hirer the right lawyer, that is, if you did the work necessary to identify the right lawyer to handle your case, you should have confidence in his or her judgment about what is in your best interest.  You have the right to reject that lawyer's advice, just like you have the right to reject the advice of a doctor or any other professional, but when you do so you are substituting your judgment as a person unexperienced in the legal process for that of someone who is experienced in the process.

How do you go about hiring a lawyer whose judgment you can comfortably accept?  Read here.

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 I have a medical malpractice case.  There are two doctors and a hospital that have been sued.  My lawyer says the case won't be tried for two years.  Why is that?  How much work is involved?

It doesn't surprise me that it would take two years to get your case to trial in Tennessee and, depending on where you live in the state, that may be a relatively quick amount of time to get to trial.

Your question requires much more information to give a more accurate answer, but let me say this generally.  The main factors that affect how quickly a case gets to trial are the diligence, expertise, and experience of the lawyers involved, the number of parties to the case (more parties = more lawyers = more scheduling difficulties), the nature of the dispute (more complicated = more time), the ability of the trial judge to control the lawyers,  the amount of cases pending before the trial judge (more cases increases the time to get to trial because more cases are contributing for the same trial dates), and whether the county where the case is pending is urban or rural (in rural areas judges sit in multiple counties and may hold trials in a small county only  a couple times per year).

I have done medical malpractice work on behalf of patients for almost 30 years, and I can say that our office will invest 1000 hours working on almost every case with multiple defendants in which depositions are necessary and more time if expert depositions and trial are necessary.  Most medical malpractice cases are extremely complicated and require a significant investment of time and money.

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I have a truck wreck case pending in Tennessee and the trucking company has subpoenaed my doctor for a deposition.  Can they do that?

Yes, if the doctor gave you treatment for injuries that arose out of the accident he or she can be required to give testimony about their treatment for those injuries.  That deposition can be taken by your lawyer or the trucking company's lawyer.  Your lawyer (and you) have the right to be present at the deposition.

If the doctor gave you treatment for a unrelated condition, the question is more difficult to answer.  If your lawyer believes that the inquiry into treatment by this provider is wholly unrelated to the wreck and an invasion of your privacy, he or she can ask the court to stop the deposition.  The court will let the deposition proceed if it determines that doctor has information that is admissible at trial or is likely to lead to the discovery of admissible evidence.

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My brother was killed in a wreck with a big truck.  I am named in the will as the executor of his estate and the court has appointed me as the executor.    I want to file a lawsuit against the truck driver and trucking company that caused the wreck, but my brother's wife says she is going to file it.  I don't think my brother's wife should be permitted to file the case because they were not living together at the time of the wreck because she had filed divorce proceedings against him six months earlier.

In Tennessee, both you and your sister-in-law have the right to file suit and if you cannot decide between yourselves who should control the litigation a judge will decide who the best person is to handle the case.   A lawyer who is experienced in wrongful death cases can guide you through this process, help you try to work this matter out with your sister-in-law, and help you persuade the court that you should take the lead on this case.

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I have a personal injury lawsuit.  My lawyer sent the driver who caused the wreck interrogatories.   We just got back the answers and some of those answers are bald-faced lies. Why does he get to lie?  How can we make him tell the truth? 

Interrogatories are written questions sent from one party in a lawsuit to an opposing party about issues related to the lawsuit.  For example, in a lawsuit arising from a motor vehicle collision, each driver may send interrogatories to the other ask for driving histories, including whether the opposing driver has ever received a driving citation. The party responding to interrogatories must sign a statement swearing or affirming that the responses to the interrogatories are true.

If a person does not tell the truth in response to an interrogatory, the untruth will hurt that person at trial.  The degree of harm a person does to his case when he does not tell the truth depends on many factors.  For instance, was the untruth intentional or just careless?  Was the untruth about a relatively minor thing or a major thing?   Is there a single untruth or are there multiple untruths?  When confronted with the untruth, did the person admit it or deny it?   There are other factors as well, but you get the point:  the circumstances control how much harm a mistake or lie in answers to interrogatories (or in oral testimony at a deposition or trial for that matter) will hurt one's case or help the opponent's case.

Neither you, your lawyer nor the judge can force any witness to tell the truth.  A judge can require a person to answer questions, but cannot require truthful answers.  Judges can punish people for giving untruthful answers when the untruths are exposed, and that punishment can be a minor as imposing certain litigation costs on that party to actually initiating a perjury charge.  Perjury charges almost certainly arise out of untruths in a civil case.

So how do you get the person to stop making false statements in answers to interrogatories?  Share with your lawyer any evidence you have that the other person has lied, and then let  your lawyer do his or her job.  The beauty of cross-examination is that it can expose a liar.   It does not always work, but many a liar has been exposed on cross-examination at a deposition or at trial.  If the liar is exposed it actually will help your case, especially if the lie is about a material fact in your case.  

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I was hurt in a car wreck case and filed a lawsuit.  My deposition was taken two months ago and I haven't heard anything about my case since then.  What's going on?

You should call your lawyer and ask.  What is probably going on is that the lawyer is gathering other information to prepare your case for trial or make a settlement demand.  But, feel free to call or email your lawyer and ask (a) what has happened in the last two months and (b) what is the plan for moving the case toward settlement or trial.

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 I have a trial in two weeks in Nashville.  What should I wear to court?  It is a jury trial.

That always depends on the type of case being heard by the jury.  We generally advise our clients tost to dress in such a way to show respect for the court. This usually means a suit or coat and tie.  For women, a conservative dress or skirt and blouse is appropriate.  Shoes should be clean, polished and conservative.

In some Tennessee counties it is appropriate to wear slacks or pants and a clean, pressed shirt. Jeans, shorts, tank tops, t-shirts and sandals should never be worn to court.  Also, you should not wear any clothes that would be considered "flashy."

If your trial lasts for several days and you don't have enough "nice" clothes do not be concerned if you have to repeat an outfit.  Just make sure that your clothes are clean and pressed.

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Am I permitted to talk to the jury during my trial?

No.  You should avoid talking with the jury at any other time, even if you meet a member of the jury in the hallway or restroom.  No one can speak directly with the jury except the judge;s court officer.

Of course, the jury will hear you testify.  But you should avoid any other contact with the jury whatsoever.  The jury will be told by the judge that they cannot talk with any lawyer or witness in the case, and therefore the jury will not hold it against you if you follow the judge's instructions.

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I have a trial that starts in two weeks.  Will I be able to eat and drink in the courtroom?

No.  You will be able to have water when you testify on the witness stand, but otherwise eating and drinking are not permitted in the courtroom when court is in session.  There is usually a morning, lunch and afternoon break, so it is highly unlikely that you will go more than 2 hours without the opportunity to eat, get a drink, or use the restroom.

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I had a case in court and a witness lied about me.  What can I do about it?  Can I sue him?

Practically speaking, there is little you can do.  The chances that a district attorney will prosecute the witness for perjury are almost zero.   You cannot sue someone for statements - even untrue statements - made while testifying in court, even if the statements would have constituted slander if they were said out of court.   Witnesses who testify in court are protected from slander lawsuits by what is known as the "litigation privilege."

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I am in a lawsuit in Tennessee.  The other side has served a set of request for production of documents.  There are 60 different requests.  Do I have to turn over all of this stuff?  Is there no limit to the number of requests for production?

Your lawyer will be able to tell you what you have to turn over and what you do not, but generally speaking there is no limit to the number of requests for production of documents.  Many local rules of court limit the number of interrogatories that can be served, and it is possible that local rules may limit the number of requests for production, but I do not ever remember seeing a limit on requests.

Absent a numerical limit, the only limitation on requests for production of documents is that they must seek relevant evidence or information reasonably calculated to lead to the discovery of admissible evidence and cannot seek information deemed "priviliged" under the law.  Once again, your lawyer will review each request with that standard in mind, and will object when appropriate.

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Does Tennessee have a deadline for filing motions in limine?

"Motions in limine" are papers filed with the court asking the court to reach a pre-trial ruling on certain matters, usually evidence issues.  For example, if I am representing a person  who was convicted of a crime 15 years ago and now has a trial in a car wreck case I will probably file a motion in limine asking the court not to let our opponent mention the prior criminal conviction.  This motion in limine gives the judge the opportunity to rule on the issue before the jury has any chance of hearing about it. 

The judge does not have to reach a decision on any motion in limine before trial.

In Tennessee, there might be a deadline on filing motions in limine imposed by local rule or by court order.  

Some local rules of court require that motions in limine be filed a certain number of days before trial.   Some scheduling orders or pre-trial orders imposed deadlines for filing motions in limine.

If you are represented by a lawyer he or she will file motions in limine and will worry about the deadlines - that is one of the things that  they get paid to do.

If you are a non-lawyer attempting to represent yourself at trial you should review the scheduling order, the pre-trial order and the local rules of court to see if there is a deadline for filing or responding to motions.

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I am in a car wreck lawsuit.  Depositions are happening next week.  How long do depositions last?

It depends on many factors.  There is no time limit on depositions in state court in Tennessee.  

The length of a deposition depends on the complexity of the case, the complexity of the injuries, the medical history of the plaintiff, the personality of the examining lawyer and many other factors. 

For example, in a car wreck case involving two cars, broken bones, a plaintiff with a relatively clean medical and work history and a reasonable insurance company lawyer the deposition of the plaintiff will last 3 or 4 hours.

If the medical history of the plaintiff is complicated another hour or two can be readily added to the deposition.

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I was hurt in a Tennessee car wreck.   I really don't want to go to court but the one-year filing deadline for personal injury claims is coming up and I need to file my lawsuit.  However, I don't want to go through the discovery process.  How often do cases settle without any discovery?

It is impossible for me to know the answer to that question.  Many cases resolve before a lawsuit is filed.  Many others are also resolved after a lawsuit is filed but before trial.  Unless active negotiations are underway in your case at the time you file suit and you are filing suit solely for the purposes of filing before the deadline but with a goal of getting the case resolved (and the insurance company has the main mindset) it is reasonable to assume that discovery will happen.   

Remember, you can settle your case (assuming the insurance company also wants to settle) and avoid litigation, including discovery.  If the insurance company wants to settle and you want it to settle, it will settle - just not at the dollar value it should settle.   By that I mean that if your case has any merit whatsoever you can almost always settle it for less than the true value of the case.

Learn more about discovery in personal injury and wrongful death litigation here.

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How much do expert witnesses charge?

It depends on the type of expert.  Most experts charge by the hour.  I have paid as little as $50 per hour to hire a mechanic to serve as an expert witness.  Some neurosurgeons charge $2000 per hour for a video deposition to testify about their care for a patient.  I have never heard about anyone charging more than $2000 per hour but I guess it is possible.

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I am thinking about filing a personal injury case.  What are my responsibilities to my lawyer? 

The lawyer / client relationship is a special one and, just like a lawyer has certain obligations to the client, a client must do certain things to assist the lawyer in the representation. We expect the following of our clients:

• You have an obligation to tell your lawyer the truth.
• You have an obligation to tell your lawyer the truth even if you think it will hurt your case or the truth embarrasses you.
• You have an obligation to truthfully testify at trial and in depositions.
• You have an obligation to truthfully answer interrogatories.
• You have an obligation to produce documents and other items  in your possession that your lawyer asks you to produce.
• You have an obligation to timely respond to your lawyer’s requests for information.
• You have an obligation to let your lawyer know of changes in your medical condition.
• You have an obligation to let your lawyer know if you move or you change your phone number.
• You have an obligation to tell your lawyer if you are injured in another incident.
• You have an obligation to tell your lawyer if you are arrested or get a traffic ticket.
• You have an obligation to tell your lawyer if you are contemplating filing for bankruptcy.
• You have an obligation to listen to and carefully consider your lawyer’s advice. You are not required to take the advice, but you should listen carefully to the advice and the potential impact to your case if you do not take the advice.

Filing a lawsuit is a serious endeavor and you should not take it lightly.  While a lawyer will do the vast, vast majority of the work on your case,  there are certain things only you can do and other things that the lawyer (and the legal system) have a right to expect of you.

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I was beat-up by a guy and incurred $10,000 in medical bills and missed two weeks from work.  I want to sue him but I cannot find a lawyer to help me.  They all want to know if the guy that beat me up has any money and when I tell them I don't think so the lawyers lose interest.  How can I get money out of this guy?

You are probably trying to hire a lawyer on a contingent fee.   If a contingent-fee lawyer thinks a case is weak or that any damages won are not going to be collected he or she will not take the case because, like everyone else, lawyers like to get paid for their work.

You have two options.  You can hire a lawyer by the hour to sue the guy that hurt you.  Or, you can find a new lawyer (one recently out of school) who would be more likely to take a case where he or she is not likely to get paid.  You may have to front the filing fee and other out-of-pocket expenses.

How do you collect what you win?  You can get a court order taking a percentage of the person's paycheck.  You can serve papers on the guy's bank and take whatever money is in his checking account and savings account.  You can put a lien against his house.  There are other things you can do, but each of these things require more time and work by your lawyer.

In summary, it can be hard to collect money from someone who hurts you and either does not have liability insurance or does something that is not covered by insurance.  Most lawyers will give you a free consulatation to see if they can help you but to the extent that you need to hire someone on a contingent fee basis there needs to be some reasonable expectation that they will be paid.

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 I just had a trial in my case and I lost - the jury ruled against me.  The jury was wrong and I want to appeal all the way to the United States Supreme Court.  I can, right?

If a plaintiff or a defendant has a complaint about the way the trial was conducted or the end result of the trial or the judge’s ruling on post-trial motions, he or she can appeal. In Tennessee, the first appeal is to the Tennessee Court of Appeals.

The Court of Appeals does not hear from witnesses. Rather, it looks at the transcript of the testimony given in the trial court, reviews the exhibits, and determines whether there were any errors than mandate a different result than reached in the trial court. The Court of Appeals can affirm the result reached in the trial court, order a new trial, and sometimes it can outright dismiss a case won by a plaintiff in the trial court.  It is extremely difficult to convince an appellate court to reverse a jury verdict by arguing only that they jury made the wrong decision.   In Tennessee, the appellate court will reach the same result as the jury if there is any material evidence supporting what the jury did.  The appellate court will not re-weigh the evidence - it just looks to see if there is any material evidence that supports the verdict.  If asked, the appellate court will also look at alleged errors of law.

A plaintiff or defendant that disagrees with the Court of Appeals decision about a case can ask the Tennessee Supreme Court to hear the case. The Tennessee Supreme Court does not hear every case it is asked to hear – it has the right to refuse to hear a case and does not have to give any reason for refusing to hear it. Usually, the Tennessee Supreme Court will not hear a case unless it presents an important issue of law.

Theoretically, the losing party can ask for the United States Supreme Court to hear the appeal. This is a complicated and expensive process. The United States Supreme Court will hear an appeal of a state court civil case only on extremely rare occasions. Most lawyers do not recommend that their clients incur the expense of asking for an appeal to the United States Supreme Court in state court civil cases absent very unusual circumstances.

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I have a jury trial in state court in Nashville in a couple weeks in my car wreck case.   Do I have to pay the other side's attorney's fees or other costs if the jury rules against me?

Ordinarily, a person who loses a jury trial in personal injury or wrongful death case in state court in Tennessee does not have to pay the winning party's attorney's fees.  However, the losing party may have to pay certain costs incurred by the winning party, such as costs for expert witnesses to give depositions and appear at trial, costs charged court reporters, etc.  These costs are known as "discretionary costs" because a trial judge has the discretion to order that the loser pay some or all of certain costs incurred by loser.   Your lawyer should be able to estimate what those costs would be.  

The only time you would have to pay the winning party's attorney's fees after a loss in a personal injury or wrongful death case  is if the trial judge determined that your lawsuit was "frivolous."   The mere fact that a case is lost does not mean it is frivolous.   You should ask your lawyer whether there is any risk that your case could be determined frivolous by the trial judge, but my experience is that it would be very uncommon for a judge to declare that a car wreck claim or defense was "frivolous."  The only exceptions I can think would arise in situations where it was determined that a person faked (not just exaggerated, but truly faked) an injury, encouraged or paid others to give patently false testimony in support of the case, and other situations that are extremely rare.

There are some different rules that apply in medical malpractice cases.  Also, in non-personal injury and wrongful death cases there are quite of few situations in which the losing party can be forced to pay the winning party's fees and expenses.  Be sure to ask your lawyer whether there is any risk of fees and expenses being awarded in your case.

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I am getting ready to sue someone over a car wreck.  My lawyer says that she is going to file a "complaint."  What is that?

A lawsuit is initiated by the filing of a “complaint.”  A complaint identifies the persons or entities being sued.   It includes a short and plain statement of the pertinent facts, outlines the legal claims, and states the types of damages that resulted from the negligence of another person. The person who files a lawsuit is called a “plaintiff.”

The complaint is delivered to the person who is sued (the "defendant") with a court order to respond to the lawsuit (a "summons").  In Tennessee, a complaint must be responded to by a defendant within thirty days after it was received by the defendant.

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I was hurt when I fell in on a slippery floor in a grocery store.   I broke my right leg.  I missed ten weeks of work on my construction job.  My lawyer says that we need a statement from my employer stating that I missed ten 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 to evaluate personal injury cases 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.  The files of insurance adjusters are evaluated from time-to-time by auditors to make sure that they are not handing out the company's money without good reason, and thus the insurance adjusters want to make sure that their files reflect a reasonable basis for the decision they made to settle the claim.

An experienced personal injury lawyer should help you get this from your boss.

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My lawyer says I have to give a deposition.  What is that?

Depositions are sworn statements taken from a party or witness in a lawsuit and they are often part of the discovery process. 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. 

“Proof” depositions are taken and presented at trial as evidence in lieu of having the witness testify in person. A “proof” deposition may be taken for the convenience of the witness who cannot otherwise appear in person at trial or as a cost saving mechanism to avoid the expense of bringing the witness to testify live at trial.  In Tennessee certain people, such as doctors, are not required to come to trial to testify about their care and treatment of a patient who has brought a lawsuit and thus they testify at trial via a proof deposition.

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 I was hurt in a car wreck six months ago.  I lost my job and my medical bills are enormous.  I am behind on my mortgage and have been unable to make my car payments. Should I file bankruptcy, get my financial house in order, and then file a lawsuit against the trucking company?    I want to be able to get rid of all this debt and be able to keep whatever money I recover in the lawsuit to meet my needs for the rest of my life.

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My husband and I have a trial in Lebanon, Tennessee next month.  Our lawyer said that the other side filed motions in limine.  What does that mean?

"Motions in limine" are papers filed with the court asking the court to reach a pre-trial ruling on certain matters, usually evidence issues.  For example, if I am representing a person  who was convicted of a crime 15 years ago and now has a trial in a car wreck case I will probably file a motion in limine asking the court not to let our opponent mention the prior criminal conviction.  This motion in limine gives the judge the opportunity to rule on the issue before the jury has any chance of hearing about it. 

The judge does not have to reach a decision on any motion in limine before trial.  

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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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I think I was injured by medical malpractice.  I talked to a lawyer at church and she said that another doctor would have to testify against my doctor.  Is that right?

Generally, yes. In fact, most cases require testimony from more than one expert medical witness. The expert(s) must testify (1) what level or type of care was necessary in the community given the medical issue; (b) that the appropriate level of care was not provided; and (c) that the inappropriate care caused the injury or death of the patient that would not have otherwise occurred.

This is a very complicated area of the lawyer, and I strongly suggest that you consult an experienced medical malpractice lawyer to evaluate your case.

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I am in the middle of a lawsuit and my lawyer just sent me a mess of interrogatories that she says I have to answer.  I don't want to answer these questions - the information is none of their business.  What happens if I don't answer them?

Interrogatories are written questions sent from one party in a lawsuit to an opposing party about issues related to the lawsuit.  For example, in a lawsuit arising from a motor vehicle collision, each driver may send interrogatories to the other ask for driving histories, including whether the opposing driver has ever received a driving citation. The party responding to interrogatories must sign a statement swearing or affirming that the responses to the interrogatories are true.

If you don't answer the interrogatories, your opponent can go to court and get an order requiring you to answer them.  You might be forced to pay the legal fees incurred by  your opponent to obtain this court order.  If you don't comply with the court order you can face more fees and, in fact, you risk having your case dismissed.

You need to discuss your concerns with your lawyer immediately.  She will tell you which questions you must answer and which, if any, you may refuse to answer.  

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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 am involved in a lawsuit and had to answer interrogatories.  Why did I have to go to the trouble of signing my name to my answers in the presence of a notary public?

As you know, Interrogatories are written questions sent from one party in a lawsuit to an opposing party about issues related to the lawsuit.  For example, in a lawsuit arising from a motor vehicle collision, each driver may send interrogatories to the other ask for driving histories, including whether the opposing driver has ever received a driving citation. The party responding to interrogatories must sign a statement swearing or affirming that the responses to the interrogatories are true.

The reason the signature under oath is required is because answers to interrogatories are deemed to be the equivalent of testimony under oath at trial.   As they say, what you say (or don't say) in response to the questions asked can be used against you in a court of law.  The signature under oath reinforces the truth-telling requirement, and the signature in the presence of a notary public makes it virtually impossible for someone to say that the signature on the answers is not genuine.

It is very important that interrogatories be answered truthfully.  I have seen cases severely damaged when false information was given in answers to interrogatories.  Conversely, I have seen cases for my clients vastly improve when a defendant gave false answers to interrogatories that we filed.

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I was hurt in a boating accident.   It was the other guy's fault.  The doctor said that as I result of my injuries I might need knee surgery one day.  Can I recover damages for the cost of that surgery?

You can recover damages for a future surgery only if a doctor says it is reasonably likely to occur.  If the surgery is merely possible or might happen, the law of Tennessee does not permit you to ask a judge or jury to award damages for the cost of that surgery.

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I have a personal injury case pending in state court in Tennessee.  What are the odds that my case will go to trial?

These statistics will give you an idea of how many cases are actually tried. In the one-year period ending June 30, 2009, there were about 11,000 lawsuits filed involving all types of personal injury and wrongful death in the state of Tennessee. (Many other cases were settled before a lawsuit was even filed; those numbers are not publicly available.) However, there were only 260 jury trials and 348 non-jury trials in personal injury and wrongful death cases during that same period. These statistics are about the same from year to year, and thus it is fair to say that only about 5% percent of personal injury and wrongful death cases in which lawsuits are filed actually go to trial.

It is difficult to predict, however, whether any particular case will settle.  Our experience is that a case is more likely to settle at a higher dollar value if the insurance company (a) sees that the case has been prepare for trial and (b) has been appropriately prepared by lawyers who it knows are not afraid to go to trial. Thus, our office prepares all cases as if the case is going to be tried. Quite frankly, this means we invest more time and money into cases than many other lawyers, but we believe that this approach leads to better results for our clients.

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I have a case coming to trial in two weeks.  There is a pretrial conference scheduled.  What is that?  Do I need to attend?

Generally, conferences are held prior to a trial so that the Judge and lawyers can resolve disputes about the admissibility of evidence, the timing of witness testimony, and other logistical matters. Pre-trial conferences can greatly streamline the progression of a trial thereby minimizing the financial cost on the parties, witnesses, jurors and the Court.

You need to ask your lawyer whether you should attend the pretrial conference.  

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I saw a truck - car wreck a year ago.  Now I have been subpoenaed to give a deposition.  Do I have to give a deposition?  I don't really want to be involved.

 Subpoenas are legal papers issued by a court requiring the appearance or production of a person or thing at a deposition or hearing. A subpoena may be served on a person and require the appearance of that person to give a deposition or appear in open court on a specific date and time. Subpoenas may also be served on a person or business and require that documents or things be produced for inspection and copying on a specific date and time.

You have a duty to obey the subpoena.  If the date or time is particularly inconvenient call the lawyer that had the subpoena served on you and explain your problem.  Most lawyers are very willing to cooperate with scheduling problems of witnesses.

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I am in a car  wreck lawsuit.  I received injuries to my back.   Now, the defendant wants to have me evaluated by a doctor that the defendant's insurance company is going to hire.  Can they do that?

Probably.  If your medical well being is in question in a case the opposing party may request that you undergo a medical evaluation by a doctor of their choosing.   That doctor will offer his or her opinion about the nature and extent of your injuries and the impact of those injuries on your later life. That doctor may disagree with your doctor’s opinion as to the nature and extent of your injuries, and the jury will hear from both doctors at trial.  

This type of examination is known as a defense medical examination or a Rule 35 medical examination.  (Rule 35 is the rule of court procedures that governs medical examinations.)

Your lawyer will be able to give you more details about the examination and whether or not you can avoid it under the facts of your case.

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I just settled my personal injury case.  We were a week away from trial when we settled.  When I got my money there was $5432 deducted for court reporter fees.  What are they and why did I have to pay it?

The typical  fee agreement in personal injury and wrongful death cases requires that the client reimburse the lawyer for out-of-pocket litigation-related expenses.  Many times, the most significant of these expenses are fees paid to court reporters.

Court reporters don't just write down and transcribe testimony in court.  They also write down and transcribe the testimony of witnesses and parties during the discovery phase of a lawsuit.  There is usually a court reporter at each deposition, and they charge not only for being present but also for writing down and transcribing testimony.  In Nashville, a court reporter charges about $2000 for one day of deposition testimony.  

The amount of your bills indicates to me that there were several days of depositions in your case.  Because your case settled so close to trial, it is also probable that depositions were taken of one or more of your treating doctors.

Court reporter fees are very high.  Experienced personal injury lawyers do what they can to keep the costs of court reporters down as far as possible, but the fact of the matter is that they are a case-related expense that is passed on to the client.

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My lawyer said that he needed to spend money on demonstrative evidence to help us win the case.  What is demonstrative evidence?

Demonstrative evidence are things that demonstrate or show information to the jury.   Demonstrative evidence may be an enlargement of an x-ray showing a fracture in a bone, a metal fixation device removed from a broken bone, a model of the scene of the accident, or a video that depicts a day-in-the-life of someone that suffered a catastrophic injury.    Demonstrative evidence also includes computer animations.

Demonstrative evidence tends to educate jurors by allowing them to see or touch something, as opposed to just hearing the spoken word.   

Demonstrative evidence can be an important part of personal injury and wrongful death cases, and good lawyers consider the use of one or more types of demonstrative evidence in every case - even in non-jury trials.

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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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We just reached a settlement of my truck wreck case.  Medicare is going to get a check for over $20,000?  My lawyer says we have to pay Medicare  this money because Medicare paid most of my medical bills.  Is that right?

Yes.   Medicare has a legal right to be re-paid from the money you receive.   Medicare reduces the amount of money it is owed by a pro rata share of the attorneys fees and expenses incurred in obtaining the settlement.  Under extraordinary circumstances Medicare will reduce the amount it is owed by an even greater amount..

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I am in the process of trying to hire a personal injury lawyer.  In doing my research I find that some lawyers describe various cases on their website but state that the amounts of the settlements are confidential.  Why do they do that?

Because an agreement has been made with the insurance company that paid the money that the amount of the settlement is confidential.  In my experience, defendants and insurance companies who settle a case for significant money often demand that the settlement be kept confidential - they simply don't want anyone to know how much they paid.   

A lawyer whose client has a confidential settlement is duty-bound not to disclose the amount of the settlement to anyone.  Thus, the lawyer will who wants potential clients to know what type of experience he or she has will do a brief summary of the case and simply state that the amount of the settlement was confidential.  

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I believe I was injured as a result of gross negligence at a local hospital.  What they did to me was outrageous - the media will have a field day with it.   In fact, it may force the hospital out of business.   Doesn't this mean I will get a quick settlement?

Perhaps.  It is true that some cases are settled to avoid publicity.  But these cases are relatively rare and in my opinion many people over-estimate the impact of the threat of a public airing of a situation will have on the ability to resolve the case.   Most (not all, but most) of the time those who are sued or who are at risk of a lawsuit place more importance on the merits of the case and the provable damages than they do on the threat of publicity.

An experienced personal injury lawyer can help you determine whether and when to bring the treatment you received to the public eye.  I recommend that you not seek media attention or even speak with the media until you discuss the matter with an experienced lawyer.

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I have a personal injury trial is three weeks.  My lawyer says she has to go to a "pretrial conference" next week.  What is that?  Do I need to be there?

Generally, conferences are held prior to a trial so that the Judge and lawyers can resolve disputes about the admissibility of evidence, the timing of witness testimony, and other logistical matters. Pre-trial conferences can greatly streamline the progression of a trial thereby minimizing the financial cost on the parties, witnesses, jurors and the Court.

You need to ask your lawyer whether you should attend.  It is rare that clients attend a pretrial conference, but that is question that you need to address with your lawyer.

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My car wreck case has not been settled and now my lawyer says we have to take depositions.  What are depositions and what do they cost? 

 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.

The deposition is recorded and transcribed by a court reporter.  The cost of a deposition depends on whether you are buying the "original" or a "copy."   The person who takes the deposition buys the "original" and other parties each buy a "copy."

The cost of an "original" deposition runs about $2000 for a full day of testimony.   A copy is about $500.   Court reporters charge a flat fee called a per diem and make an additional charge for each page of the transcript.

To learn more about what happens during the case preparation process, read our Legal Guide called "Understanding the Steps in the Litigation Process."

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I was hit by a tractor trailer and my car was totaled.  I spent 4 days in the hospital and it looks like I am going to miss several weeks of work.   What do you charge for meeting with me to see if I want to hire you as my lawyer?

There is no charge whatsoever.   I have never charged for an initial meeting with potential personal injury clients.   I meet with personal injury clients wherever is convenient for them.  For example, last week I met with one potential client in Kentucky and another in Sparta, Tennessee.  

I understand that people who have been injured have difficulty coming to meet in my office and the financial pressure caused by the injury makes it difficult to afford gasoline for the trip.   Thus, I am happy to meet with any potential client at a place and time convenient to them, including nights and weekends.

You may find our Legal Guide, "Understanding Attorney's Fee and Expenses in Personal Injury and Wrongful Death Litigation," helpful to you.

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The police accident report says that I was not at fault in my wreck and that the other driver was at fault.  Can I used the police report as evidence at a trial to prove the wreck was not my fault?

Not in Tennessee state court.  A rule of evidence specifically excludes police accident reports from the types of public records that can be admitted into evidence at trial to show how an accident occurred.

Why?  Because unless the officer actually saw the accident the police report is only the officer's opinion about what happened.  That opinion may be based on solely on whether the officer believes one person or the other and may have little value in determining what actually happened.  

A police officer who see a wreck can be asked to testify about what he or she saw.  He or she can also be asked about what the people involved in the lawsuit said after the wreck and about measurements taken at the scene of the wreck.   But the police report cannot be introduced into evidence absent extraordinary circumstances, whether the officer is there or not.

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We offered to settle my car wreck case for $40,000.  The insurance company for the guy that caused the wreck only offered $22,000.   Will the jury be told about what I was willing to take in settlement before trial?  Will they be told that I was offered $22,000?

No.  Absent extraordinary circumstances, settlement offers from either party are not admissible at a later trial.  The purpose of this rule is to encourage people to engage in settlement discussions, and thus usually the proposals made by one side or the other are not admissible in a later trial.

Of course, there are certain exceptions to this general rule but I must say that they are quite rare.  An experienced personal injury lawyer can explain whether any exception to the rule is applicable in your case.

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I was in a car wreck and it doesn't look like we will be able to reach a settlement - the other driver's insurance company does not want to pay me a fair amount to settle the case.   Will the judge and jury know that the other driver has insurance?

No.  They may assume that the other driver has insurance, but they will not know he or she has insurance.  Absent extraordinary circumstances neither you, your lawyer, nor any of your witnesses can mention that the other driver has insurance.

Why?  Because the presence or absence of insurance should not influence the jury's decision.  A person is responsible for the harm they cause.  Smart people who can afford it buy insurance to protect themselves from the financial consequences of making a error that hurts someone.   But the law does not permit the jury to be told - one way or the other - about insurance because technically it should have no impact on the value of the case.

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I was in a bad car wreck.   I had $50,000 in medical bills and missed eight weeks of work  (I make $800 per week as a mechanic).   I am probably going to have to have another surgery.  My doctor also says I will have arthritis for the rest of my life.   I just found out that the person who hit me only has $100,000 of liability insurance.   That is not enough for what he did to me.   Can I force the person who caused the wreck to pay me out of his pocket?

A person or company is always liable for all of the harm they negligently cause.  A person purchases insurance to reduce his or her own risk of coming out of pocket to pay for that harm, but if the harm caused exceeds the amount of insurance purchased he or she is liable for the rest.  

The problem, of course, is collecting from a person who causes harm.  To make a payment to the injured person over and above the amount of insurance the person who causes harm must have assets, income, or both.   Many people have very few assets and insufficient income to make a payment to the person who they hurt.   If pressed, these people will often just file bankruptcy and the bankruptcy court will discharge the obligation.   (There are some exceptions to this.  For example, the bankruptcy court will not discharge the lawsuit-related obligation of a drunk driver or a person who intentionally harms another.) 

An experienced personal injury lawyer will help you evaluate the factors you should consider in determining how hard to press the defendant to make a personal contribution over and above the liability insurance policy available for the claim.

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I am in a car wreck case.  My lawyer says that we need to hire an accident reconstructionist.  What will that cost?

First, most lawyers in personal injury and wrongful death cases will advance the expenses associated with the case, including the cost of hiring expert witnesses.   Usually, those expenses are re-paid by the client after the successful prosecution of the case out of the settlement monies.

Second, the cost of an expert accident reconstructionist can vary substantially, from $100 per hour to $400 or even $500 per hour.  These experts usually charge for travel time.   The expert I frequently use charges about $3000 for the initial work-up at the scene of the accident, and additional monies for what must be done at the office.

Experts also charge for the time preparing for depositions, for giving a deposition, preparing for trial and attending trial.

Some experts charge must more.  For example, some medical doctors charge thousands of dollars per hour to give a deposition.  These charges are obscene, but the fact of the matter is they often must be paid (a patient often has little input into the decision of who her doctor is and no input into the decision of what that doctor charges).

An experienced personal injury lawyer will use qualified, honest experts to assist in proving your case.  Unfortunately, the cost of using these experts can be substantial.

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I had to testify in court recently and there was someone there typing in a little machine, apparently writing everything down.  My lawyer says that he was a court reporter.  That looks like a fun job.  What else do they do?

In Tennessee court reporters record and prepare transcripts of depositions, hearings and trials.  Unlike some states, court reporters in civil cases are hired by the people involved in the litigation, and are not employees of the State of Tennessee or any local government.  

Court reporters also may record and prepare transcripts for witness statements, corporate meetings, and other gatherings of people.

To learn more about court reporters go to this site.

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I am in a lawsuit and the other side wants me to give them documents.  I don't want to share my evidence with them.   Can they make me turn over my documents before trial?

Yes.  The Tennessee Rules of Civil Procedure have a special rule (Rule 34) that permits one side in litigation to ask the other side for documents that are "reasonably calculated to lead to the discovery of admissible evidence."  Practically, this means that one side to a lawsuit can ask the other side for anything reasonably related to the case.  

If you don't turn over requested information, you risk being sanctioned by the court.  If you fail to turn over information that is helpful to you and you later try to use that document at trial, the judge can exclude it from evidence as if it never existed.   Finally, it is possible that for a judge to dismiss your lawsuit (or order that the other side wins) if he or she finds that your failure to produce requested documents was willful.

Therefore, if your opponent asks for information, you should give it to your attorney and let the attorney decide whether the law requires that it be turned over to your opponent.  

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I was hurt in a truck wreck and my case is coming to trial.  My lawyer says that my doctor will not come to court to testify about her treatment of me.  I think she would make a good witness and I want her there.  Can't she be subpoenaed to trial?

Not in Tennessee.  Tennessee has a special law that provides that doctors, psychologists, lawyers, and certain other people do not have to obey a subpoena to trial unless the judge specially orders them to court.  People who are exempt from subpoena often give their testimony by a deposition that is read to the jury.  Sometime, the testimony of these witnesses will be videoed and the video will be shown to the jury.

Why does this law exist?   The Legislature determined that the professional schedules of these people made it very difficult for them to go to court and testify in person.  It is difficult to predict exactly when a witness at trial, and having a doctor sit and wait for the opportunity to testify may cost as much as $1000 per hour.   Thus, this law saves litigants money as well as permitting the professionals covered under the law to avoid testimony in court.

This does not mean that a doctor cannot come to court and, indeed, some of them agree to come in certain cases.   However, this usually occurs only in cases involving substantial money, because the cost of having a doctor testify in-person is substantial.

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I was hurt in a car wreck and my case will be heard by a jury starting September 20.  How long will the trial last?

There are various factors that influence the length of the trial.  The complexity of the case is the biggest factor.  Cases with complicated liability issues or severe injuries tend to last longer.   Cases will few liability issues or relatively small damages take less time.

The judge's working hours make a difference.   A typical schedule is 9:00 to 5:00, with an hour break for lunch and a morning or afternoon break.  This means that the trial itself will consume about 6.5 hours per day.  However, some judges schedule other matters during the day that limit the amount of time that the case is actually presented to the jury.

There are lots of other factors, such as the experience of the lawyers, the level of preparation of the lawyers, the number of expert witnesses, the ability of the judge to control his or her courtroom, and more.

All that being said, the typical car wreck trial in Nashville that involves only two people - one plaintiff and one defendant - is usually finished in two days.  Three days may be required if the one or more expert witnesses are required on a liability issue or if multiple doctors testify.   One big factor that is hard to predict is the length of time the jury deliberates about the case.

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My brother was killed in a motorcycle accident.  He was not married and has no children.   Our father is alive, but my mother is not.  Our father simply doesn't have the emotional strength to file a lawsuit over the death of his son, but we cannot let my brother's death go without holding the truck driver who killed him responsible.  Do I have a right to file a wrongful death lawsuit for the death of my brother?

Only if you are named the executor in your brother's will or are appointed the administrator of his estate by the court.

Generally speaking, these are the rules for who may file a wrongful death lawsuit in Tennessee:

• A lawsuit for the death of a husband can be filed by his wife, his executor or the administrator of his estate.
• A lawsuit for the death of a wife can be filed by her husband, her executor, or the administrator of her estate.
• If a person is single at the time of his or her death, the lawsuit can be maintained by his or her adult children or, if there are no adult children, by his or her parents. The lawsuit can also be filed by an executor or administrator.
• If a person is a single minor at the time of death, the lawsuit can be maintained by his or her parents. If the parents are divorced, special rules apply. The lawsuit can also be filed by an administrator.
• If the decedent did not leave a spouse or child and was predeceased by his or her parents, the law permits a sibling to file suit. The lawsuit can also be filed by an executor or administrator.

Thus, under these rules, your father would have the primary right to file the lawsuit, but you could bring it if your father elected not to do so and you were appointed either executor or administrator of  your brother's estate.

There are exceptions to these general rules listed above.  An experienced wrongful death lawyer can explain whether an exception is applicable if he or she is advised of the nature of the family situation.

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My neighbor got upset with me because I complained to the police about her loud music.  She came over, started arguing, and beat me up with baseball bat.   The police have arrested her and charged her with aggravated assault.   I suffered two broken fingers,  a broken arm and have incurred thousands of dollars in medical bills.   Can I sue her?

Yes.   Your lawsuit is for the tort of "battery."   You can seek damages for medical bills, lost of earnings and earning capacity, pain, suffering, loss of enjoyment of life, disability and disfigurement.   Because the acts of your neighbor were intentional, you can also seek punitive damages.

The problem in this type of case is recovering damages.  Winning a case is one thing, but actually being able to collect money is quite another.   Most people who go around hitting people with baseball bats don't have any money to pay for the harm they cause.

Nevertheless, talk to an experienced personal injury lawyer about this problem.  He or she can help you determine whether it makes sense for you to purpose a case against your neighbor.

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My car wreck case is coming to trial soon.  A jury of twelve people will decide my case.  Must they all agree on the result?

Yes, unless the lawyers agree otherwise, all 12 jurors must reach an agreement on the result in the case.

In some states, the law permits jurors to reach a result based on the votes of a "super majority" of the jurors.  For example, some states allow 9 jurors to agree or 10 to agree on one result and the other 3 or 2 jurors can reach a different result.   That is not true in Tennessee.

If all the jurors do not agree, the judge declares a "mistrial."   When that happens, the case must be re-tried.

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I was hurt in a truck wreck.    I could not get the case settled and I filed a lawsuit.  Now the trucking company is asking me all sorts of personal questions.  Can they do that?

Yes, within limits.   A person who is sued has the right to ask you information about your claim and also questions reasonably designed to find evidence that might be admissible at trial.   Thus, if you allege that you hurt your back in a lawsuit, they have the right to know if you ever hurt your back before and, if so, how you were hurt and what medical treatment you received.

If you claim you lost wage as a result of the accident the company has a right to know how much money you make and see documentation of your wage loss.

There are some areas that the trucking company cannot get into.   However, the scope of inquiry is wide, and you should assume that you have to answer every question unless an experienced personal injury lawyer tells you that you do not have answer it. 

Whatever you do, don't lie.   I don't care how stupid or personal you think the question is, don't lie.  A lie can significantly hurt your case.   If you have the urge to conceal the information, tell your lawyer your concerns and he or she will guide you through the process.

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How does a jury know what the law is?

The judge tells the jury what the law is. The judge does this twice – once at the beginning of the case and once at the end of the case. The jury is told that it is its job to determine the facts based on the law given to them by the judge.

To see how jury instructions fit into the entire trial picture, read our Legal Guide called “Understanding What Happens At Trial of Personal Injury and Wrongful Death Cases in Tennessee.” 

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 Why do lawyers and the judge whisper between one another during a trial up by the judge’s bench?

Usually, they are discussing whether certain testimony or other evidence should be heard or seen by the jury. The law of evidence governs what jurors should hear and see during a trial. When the lawyers are trying to introduce evidence before a jury or keep the jury from hearing it the discussions of the evidence will often reveal what the evidence is. If the law says that the jury shouldn’t hear or see that evidence then it would be foolish to have the jury hear the discussion about the evidence. This type of conference is called a “side bar.” 

Sometimes, the judge will ask the jury to leave the courtroom during these discussions. This is called a “jury-out hearing.”

On other occasions, the judge has a side-bar conference to address scheduling or other issues.  

The judge will ask the jury to ignore such conferences, and each juror should do so.  

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I got hurt in an accident and my doctor said I should go to physical therapy. The therapist is 20 miles away and it is very inconvenient to go to therapy.   Plus, it doesn’t seem to do any good. Will it hurt my case if I just stop going?

First, let me suggest you set the thoughts about your legal case aside for a moment. Your doctor prescribed physical therapy because he or she thought it would help you. It might not. But it might. The daily or even weekly progress you see in physical therapy might be small, but you still need to go to physical therapy because you want to do what you can to reach a full recovery. 

Going to physical therapy may not help your case, but not going as the doctor asked you to do will probably hurt your case. Insurance adjusters and jurors may conclude that you may not have been having the problems you say you were having (or are having) if you  followed your doctor’s advice. If you have to go before a jury in your case the jury will be told that it is your responsibility to minimize your damages. 

So, follow your doctor’s orders because you want to do what you can to get better – and because you don’t want to hurt your case by not following those orders. 

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I was arrested for underage drinking when I was in high school 10 years ago. I was put on probation for a year. Now I got hurt in an car accident and the other driver’s lawyer wants to know if I have ever been arrested. Do I have to tell the truth about it – it happened so long ago? Is it going to come out in court that I was arrested?

Don’t worry about it. In a lawsuit your opponent gets to ask you questions about your background. The area of questions  that can be asked during the "discovery" period in a lawsuit is very broad, much broader than questions that will be permitted in court at trial. So, your opponent can ask about prior arrests and you should tell the truth about what happened.

Will it come out in court? It almost certainly will not if you tell the truth about what happened. If you lie and your opponent finds out about it, what happened will probably come out in court, not because of what happened 10 years ago but the fact that you lied about it when asked in the lawsuit.

There are some occasions where convictions of crimes can be introduced in evidence at a trial. The thing you need to know is to tell your lawyer the truth about your past. If your lawyer knows the truth he or she can help protect you from embarrassment or saying something that will hurt your case. Even if the information is admissible into evidence at trial, if your lawyer knows the truth before trial there are occasionally things he or she can do to minimize any harm to your case. 

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My personal injury case just settled and I have $45,000 after paying my medical bills and my lawyers. I have never had this much money in my life. What do I do with it?

You are not seeking legal advice here – this is financial advice. However, many of our clients have asked this question over the years and I will share some general thoughts.

First, you should set aside some money for what many people call an “emergency fund.” The emergency fund should be three or, even better, six months of the money that you need to operate your household. It should be kept in a savings account or a money market account and should only be used for emergencies – an unexpected car repair or medical bill or to meet normal expenses if you lose your job. You will gain an unbelievable peace of mind by having this amount of money in the bank.

Second, you need to consider paying off any credit card, automobile, or other consumer debt you have. The interest rate on this debt is high. Eliminating this debt will increase your monthly cash flow (because you won’t be making those monthly payments) and you can use this “extra” money to pay off your other debt.

At $45,000 you won’t probably have much money left. But you will gain a lot of peace of mind and help you get started on the path of financial independence.

Finally, I recommend that you read Dave Ramsey’s Financial Peace  book and consider attending one of his financial planning courses. These classes have a very conservative approach to money management, but most of us can benefit by the lessons taught in Dave’s books and his courses.

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It seems like everybody is suing everybody.   How many personal injury and wrongful death lawsuits are filed in circuit court every year in Tennessee?

Believe it or not, the number of lawsuits for personal injury cases and wrongful death cases in Tennessee is staying about the same, despite the increases in population.

There were 10,659 such cases filed in circuit and chancery court in Tennessee for the fiscal year ending June 30, 2009.   In the previous year there were 11,171, so filings were down about 5%.   The year before (ending June 30, 2007) the total number of filings were 10,165.

To put this in perspective, consider that during the year ended June 30, 2009 there were 30,000 divorce actions filed in our circuit and chancery courts.  Indeed, there were over 168,000 criminal charges brought in criminal court during the same period.

All of this is not to say that there are not lawsuits that are filed that should not be filed.  Some lawsuits are filed that are just plain stupid.  Some lawsuits are filed because the person sued or their insurance company refuses to accept responsibility for the harm they caused.  Many, many lawsuits are filed because the parties have a legitimate difference of opinion on the cause or value of the matter in dispute and thus must go through the court process to gain information to assist them in evaluating the case.

There is one other primary reason for the number of lawsuits we see, and that is because Tennessee has the shortest statute of limitations in the country for personal injury and wrongful death cases.  Subject to several exceptions, the general rule is that in personal  cases a lawsuit must be filed within one year of the date of the injury.  Wrongful death cases must usually be filed within one year of the date of the injury that later caused the death.   Most states have longer periods of time to take legal action, and thus there is a greater opportunity to settle a case before a lawsuit is filed.  The failure to file a lawsuit on time results in a loss of rights, so many lawsuits in Tennessee must be filed because the case is not in the right posture to be settled.

Do not assume that your deadline for taking legal action has expired unless a lawyer familiar with all of the facts has told you that it has in fact expired.  There are some exceptions to these general rules.  Likewise, do not assume that you have more than one year to act unless a lawyer tells you that you do.  In fact, under some circumstances you can actually lose your rights well before the one-year period expires, so it is wise to consult with an experienced personal injury lawyer as quickly as reasonably possible after you or a loved one has been injured as a result of another's conduct.

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I am in a lawsuit and just got sent interrogatories. What are they?

Interrogatories are written questions that one person in a lawsuit sends to another person in a lawsuit. The party that receives the interrogatories must answer them in a certain period of time, unusually thirty days.

Your lawyer will guide you through answering the interrogatories.   It is very important that you tell the complete truth when you answer the questions. The failure to tell the truth will  have an adverse impact on your case. 

To learn more about the steps in the litigation process, read our Legal Guide called "Understanding the Steps in the Litigation Process."

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I have a personal injury case and I am broke. There are companies that advertise on TV that say they will loan me money and let me pay them back out of the settlement I will get in my personal injury case. Should I take their money?

No.  The interest rate these companies charge is obscene. You should do everything you can to stay away from these companies.

How do you keep body and soul together as your case proceeds?   First, if you suffer an injury that results in loss of income or significant medical expenses you should immediately start cutting back on non-essential expenses in your lifestyle. You need to do what you can to limit expenditures to essentials – shelter, utilities, food, clothing and medical care.   

Second, tell your lawyer if you are having trouble making your monthly bills. He or she may be able to talk to some of your creditors, explain the situation, and get them to stop collection efforts until your case is resolved.

Third, depending on the seriousness of your injury, you may qualify for governmental benefits. Your lawyer can assist you with this issue. 

Finally, you may need to seek the help of family and friends to get you through this difficult time in your life. No one likes to ask another for help, but you find that many people will provide some measure of help if they can.

I know this answer does not provide much comfort. And, indeed, some people are forced to borrow money from these TV lenders despite the obscene interest rates. My only point is that such loans should be obtained only as a last resort.

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