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

Here are the results from the jury trials in Nashville, Davidson County, Tennessee Circuit Court in October 2011:

• Health Care Liability ( Medical Malpractice)   

                      -  3 trials, two defense verdicts, one hung jury

• Slip and Fall  

                         - Settled after 6 days of trial

• Automobile Wreck

                         - 3 trials, two defense verdicts, one verdict for the plaintiff for $5686

• Breach of Contract

                          -  1 trial,  1 defense verdict

Source:  The October 2011 edition of The Rooker Report

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Here is a list of the number of jury trials in personal injury, wrongful death and other tort law trials in Tennessee for the fiscal year ended June 30, 2010 (the most recent year for which data is available):

Davidson County - 34

Montgomery County - 13

Robertson County - 0

Sumner County - 6

Macon County - 0

Trousdale County - 1

Smith County - 0

Wilson County - 3

DeKalb County - 0

Rutherford County - 16

Cannon County - 0

Bedford County- 3

Lincoln County- 0

Marshall  County- 0

Moore County - 1

Lawrence County - 1

Wayne County - 0

Giles County - 1

Franklin County - 4

Maury County - 2

Clay County - 0

Cumberland County - 0 

Putnam County - 11

White County - 0 

Pickett County - 0

Overton County - 0

Coffee County - 3

Hickman County -1

Perry  County- 0

Williamson County- 11

Lewis County- 0

Cheatham  County-2

Dickson County- 0

Houston County- 0

Humphries County- 0

Stewart County - 1

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As a Tennessee personal injury lawyer, I try to keep up with the results of personal injury and wrongful death jury trials in Davidson County (Nashville) and other cities in Tennessee.  

Here are the results of the personal injury trials in Davidson County, Tennessee during the month of September, 2011:

• Automobile Accident Case - Verdict for the Plaintiff for $7500
• Automobile Accident Case - Hung Jury
• Civil Assault - Verdict for the Plaintiff for $100,000
• Automobile Accident Case - Verdict for the Plaintiff for $7430
• Automobile Accident Case - Verdict for the Plaintiff for $10,041
• Medical Malpractice Case - Verdict for the Plaintiff for $1,004,817 

This information was collected by Clerk of Court.

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I live in Nashville and just got served with a subpoena to attend a car accident trial in Franklin, Tennessee.  I was a witness to the car wreck but really don't want to take time off work to go to trial.  Do I have to go? 

Yes, unless you can work something out with the lawyers involved in the case and the court.  A subpoena is a court order that must be obeyed.  The court in Franklin has the power to order you to come from Nashville attend a trial.

Call the lawyer who had the subpoena issued and ask if you can be released from the obligation to attend.  If not, ask if you can show up at a particular date and time and not just be present on the first morning of trial and then have to wait until you are called as a witness.  Most lawyers will be happy to accommodate your schedule if it is at all possible to do so.

But, whatever you do, don't make the mistake of just not showing up.  That would be a major mistake that can result in you getting in major trouble with the judge.

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I was in court recently and the judge asked a man he called the "bailiff" to hand a witness a piece of paper.  What is a bailiff?

A bailiff is a court employee who provides security for the judge and helps the judge maintain order in the courtroom.  He or she also may hand papers from a lawyer to a witness or from a witness to the jury.

The bailiff is also the person usually entrusted with the job of escorting the jury from the courtroom to the jury deliberation room and for passing questions from the jury to the judge.

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I have a personal injury lawsuit.  What is the likelihood that it will go to trial?

Statistically, it is very unlikely your case will go to trial.  Personal injury cases are a type of tort (civil wrong) case.  In Tennessee for the year ended June 30, 2010, there were 10,469 tort cases filed in the entire state.  This may seem like a lot of cases, but remember that there are over 6,000,000 Tennesseans, millions of cars on the road driven by Tennesseans and citizens of other states, etc.

During the same period, the court system resolved 10,872 cases.  The vast majority of those cases were settled or dismissed by the court.  There were only 588 trials.  Of the 588 trials, only 283 were jury trials.  The other 305 trials were non-jury trials (cases decided by a judge without the help of a jury).

Of the 588 cases that went to trial, the claimant (known as the plaintiff) recovered money in only 229 cases.  Why?  Tennessee judges and juries are conservative and do not award damages in cases without solid evidence supporting the justness of the claim.

Thus, the odds are that your case will not go to trial.  However, whether any particular case actually goes to trial is dependent on many different factors.

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I have a personal injury case going to trial.  My lawyer says that my medical doctor cannot be forced to come to a trial and that we have to introduce her testimony via a deposition.  I think she will make a good witness and I want her there.  Can't we just issue a subpoena and force her to come to trial?

Under Tennessee law, you can issue a subpoena for a doctor but she has to invoke a special law that gives doctors an exemption from subpoena to court.   The judge has the power to say that the law giving the exemption should not apply in your case, but that is very unlikely based on the facts that you have stated.

One way to enhance the doctor's deposition is to take it via video.   The video is then shown to the jury and they will have an easier way to judge the doctor's credibility.

Finally, you can always just ask the doctor to voluntarily appear at your trial.   AS I stated above, she has the right not to go (unless the judge specifically orders her presence) but there is no legal reason why she cannot simply agree to testify in person at your trial

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How many cases does the Tennessee Supreme Court hear per year?

Here is the data for the fiscal year ending June 20, 2009, the last year available as of the date of this writing.

First, the Tennessee Supreme Court has to decide only certain types of cases.  It was  asked to hear about 825 cases during the fiscal year.  It decided to hear about 56 cases.   Trying to decide what cases should be reviewed takes a lot of work.  Each judge must review the written papers filed in support of the request for hearing (and the papers of the opponent which argue that the case should not be heard) to decide whether the case should advance to the Court.  At least 2 of the 5 judges must agree that the case should be heard.

Then, more papers are filed, oral argument on the cases selected is heard, and the case is decided.  Each case results in a written opinion.  Some of those opinions are 10 papers long and some are many more.  The court issued about 58 opinions in that fiscal year.  In some cases more than one opinion was issued.  Concurring opinions are issued when one or more judges agree with the result of the majority opinion but have a different take on one or more issues in the case.  Dissenting opinions are issued when a judge disagrees with the result on one or more issues in the case.

In addition, the Court participated in 121 worker's compensation case appeals during that 2008-09 fiscal year and 3 cases in which the death penalty was imposed.

The Court also was asked to consider, and agreed to consider, 4 questions of Tennessee law certified to them by federal judges.

Casework represents about 50% of the work of the Tennessee Supreme Court.  The judges also have extensive administrative duties.

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I was injured by the negligence of a state of Tennessee employee.  Can I sue the employee or the State?

The State will be responsible for the employee's negligence under two conditions.  First, the employee must have been acting in the course and scope of his or her employment at the time of the negligent act or omission.  Second, the State must have given permission to have been sued in the particular type of circumstance where the negligence has occurred.

That last condition is a little confusing.  The State cannot be sued without permission, but it has given permission in advance to be sued for a number of types of cases.  For instance, if a state employee runs a red light and causes a traffic wreck while on the business of the State the State has given permission to be sued.  There are a laundry-list of other circumstances in which the State has given permission to be sued.

If the two conditions are satisfied, you cannot sue the employee but can only bring your claim against the State.  The employee is immune from personal liability.

Lawsuits against the State are not filed in court.  Instead, they go through a claims process and the actual trial is conducted before a claims commissioner.  

The claim must be filed within one year of the date of the negligent act or omission that causes an injury.

You should contact an experienced personal injury lawyer to help you navigate through this process.

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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 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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My child was killed by a drunk driver.   He was 10 years old. I want to file a lawsuit.  His no-good father, who never paid child support as ordered by the court and did not visit my son for the for the five year period after our divorce, says he is going to file a lawsuit, too.   Can he do that?  Does Tennessee law permit him to get money from the death of our son when he had nothing to do with our son when he was alive?

Unless you have some physical or mental health issue that you have not mentioned, you will have the right to bring the lawsuit. 

Tennessee law provides that a parent who has a parent who has intentionally refused or neglected to pay any support for a child for a two-year period, or for the life of the child, whichever is less, when subject to a court order requiring the payment of child support and who has intentionally refused or neglected to contact the child or exercise visitation during such period is not permitted to recover damages for the death of the child.  Thus, to cut off the father's right to money out of any recovery you make, you will have to demonstrate that (a) there was a child support order; (b) the father intentionally did not pay for at least 2 years; and (c) he intentionally did not visit the child.

At an absolute minimum you will be able to recover your unpaid child support.  Tennessee law provides that parent cannot recover damages from a wrongful death suit  until all child support arrearages have been paid in full to the parent ordered to receive the support (plus interest).    Thus,  if your child's father had visited your child within the last two years or but had not been paying child support he would have to re-pay you out of the any portion of the money he was entitled to receive.

An experienced wrongful death lawyer can help you navigate through these issues.

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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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My neighbor was playing with fireworks this weekend.  One of the fireworks shot into my yard and hit me right in the face.  I was burned and I injured my left eye.   I immediately went to the emergency room and am seeking additional medical treatment.   What are my rights?

Some cities in Tennessee prohibit the use of fireworks.  If you live in a city that prohibits fireworks your neighbor violated the law and you will have a very strong claim against him.

Even if the law does not prohibit the use of fireworks, your neighbor had the duty to exercise reasonable care while playing with the fireworks so as not to cause injury to anyone else.   The strength of your case depends on exact facts.

You should contact an experience personal injury lawyer to assist you with this matter.  You should do so before you give a statement to your neighbor's homeowner's insurance company.

Tennessee law requires that personal injury cases be filed against the responsible party within one year of the date of the injury.  Act quickly to protect your rights.

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I was hurt in a wreck with a tractor-trailer 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.

There is a major problem with your plan.  When you file for bankruptcy you are asked to answer questions under oath about your assets and liabilities.  One of the questions you will be asked is whether you have any claims against another person or entity.  Thus, you will have to tell the Bankruptcy Court that you have a claim pending against the trucking company.  This is true even though you have not filed a lawsuit - you still are considered to have a claim pending that must be disclosed to the Court.

When you tell the Bankruptcy Court that you have a claim pending that fact will be taken into account in determining whether you are a candidate for bankruptcy and what amount should be paid to your creditors.  As I explained in a prior post, you will also lose significant control over the progression of your case.

You may think that you could avoid this mess by simply not disclosing the claim on your Bankruptcy Court petition.  This would be a serious mistake.  Not only could you be charged with a crime for not disclosing the claim,  but it is possible that you could lose your right to assert the claim against the trucking company.

So what should you do?    Hire an experienced personal injury lawyer to help you determine if your claim against the trucking company has merit.  Then, let the personal injury lawyer find you an experienced bankruptcy lawyer who can help determine if you are an appropriate candidate for bankruptcy and, if so, what type of bankruptcy.   The coordination of efforts of these two professionals will reduce the likelihood that your situation will become worse than it already is.

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I have never filed a lawsuit and don't know anything about what happens in a trial of a personal injury or wrongful death suit.  Can you explain it?

Sure.  In fact, we have written this Legal Guide that I think will answer your questions

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My wife gave me herpes.  She did not have herpes when we got married.  She confessed that she has been sleeping around.   We are getting divorced. Can I sue her for giving me herpes?

Yes.   A person can sue another for negligent (or intentional) transmission of a sexual disease. If you prove that you contracted the disease from her, you can recover damages for your medical expenses, future medical costs, and pain, suffering and loss of enjoyment of life.

One practical problem with this type of lawsuit is that any money you win can only be collected out of your wife’s assets and future income. If she doesn’t have any money and won’t be making much in the future you will have difficulty collecting any money from her. In addition, filing this type of suit can greatly increase tension in the divorce proceeding and, if children are involved, may impact your relationship with your wife as the two of you work to parent your children. These factors and others need to be considered before filing this type of lawsuit.

An experienced personal injury lawyer can work with your divorce lawyer to help you in this matter.

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 I have a personal injury case and I don’t think my doctor is listening to me. Should I get a second opinion?

Talk to your lawyer before you get a second opinion.    An experienced lawyer will have some knowledge of the doctor’s reputation and, after looking at the medical records, have a good idea whether the doctor is doing what he or she can to help you. Sometimes, there is nothing a doctor can do to help, and changing doctors only complicates your case.

That being said, both you and your lawyer want you to reach as full of recovery as you can.   You may need to consult with another doctor to either reach that recovery or to have confidence that everything is being done for you that can be done,  However,  it is best to consult with your lawyer before seeking a second opinion.

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I have a personal injury case.  The lawyer is working on a contingent fee.  As far as I can tell he is going nothing.  He doesn't return my phone calls.  He has had my case for six months and no lawsuit has been filed or, if it has, nobody has told me it has.  I have lost confidence in this lawyer and want to fire him.  However, I can't afford to pay him for whatever work he might claim he has done.  What should I do?

First, I would encourage you to give the lawyer one more chance to explain what is going on and why he will not respond to you.  If you had a good reason to hire this lawyer in the first place, you should make an effort to give him a chance to explain his conduct.

If you hired this lawyer on a whim, or if you feel you have given him plenty of chances and you have lost all confidence in him, you can fire him whenever you want to.  More importantly, you almost certainly do not have to pay him at this time  for the work he has done.

What usually happens in these situations is the client finds a new lawyer and the new lawyer and the old lawyer work out a reasonable division of the contingent fee for the work done on the case.   Thus, the fee will probably not increase for you and the former lawyer's fee will be paid at the time your case is resolved (if it is successful).

However, you should know that it is sometimes difficult to find a lawyer to take over a case from another lawyer, particularly if there has been a lot of activity in the case before the first lawyer was fired.  Also, a lawyer cannot discuss the substance of a case with the client of another lawyer without the permission of the current lawyer, so you may not know that another lawyer will actually take your case if you fire your first lawyer.

The issues that arise from having to fire a lawyer  are  yet another reason why you should do appropriate research before you hire a lawyer.  Our Legal Guide, "Understanding How to Hire a Lawyer in a Personal Injury or Wrongful Death Case," can help you will that.  It will also help you in determining who to hire if you decide to fire your first lawyer.  

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I have a lawsuit pending and a jury trial is scheduled for this summer.  I am nervous about it because I have never been in the courthouse before, much less sat in a trial.  What is going to happen?

We are written a Legal Guide that addresses that very issue. "Understanding What Happens at Personal Injury or Wrongful Death Trial" will give you a step-by-step explanation of every aspect of a civil jury trial.  

We hope this Guide gives you some peace of mind as you approach the date of your trial.  There is little doubt that going through a trial creates stress, but that stress should be reduced by the explanation of the process as set forth in our Guide.

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