Automobile Accidents

January 30, 2012

How Can I Prove What Happened in My Wife’s Accident?

My wife was killed in an automobile wreck. She was alone in the car. The other driver says the wreck was her fault, but I don’t believe it. How can I prove what happened?

You need the help of an experienced automobile wreck attorney to lead an investigation into what happened.

Tennessee law provides that, because your wife is not able to testify about what happened, she is presumed to have been exercising due care at the time of the wreck. However, other testimony and evidence can make that presumption disappear.

January 25, 2012

Parent’s Right to Damages For Injury to Child in Automobile Crash

by The Law Offices of John Day, P.C.

My son was seriously injured in a auto accident. What rights do I have as his parent in a lawsuit against the person who caused the wreck?

You have the right to recover medical expenses that you paid or were paid by your insurance company. (You almost certainly have to repay your health insurance company out of the settlement or judgment.) You can also recover damages for loss of services of your child.

Under Tennessee law, you cannot recover damages loss of the relationship between you and your child because of the injuries or for your emotional distress at seeing your child deal with his injuries.

January 9, 2012

Why Is My Medical History Important in a Tennessee Personal Injury Claim?

by The Law Offices of John Day, P.C.

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.

January 9, 2012

What is Uninsured Motorist Insurance Coverage?

by The Law Offices of John Day, P.C.

What is uninsured motorist coverage?

If the driver that causes a Tennessee car accident or truck accident does not have liability insurance, your own automobile insurance coverage may also apply in provide a source for monetary recovery to pay your medical bills and compensate you for your injuries. This type of insurance coverage is called uninsured motorist coverage – it provides you protection when you are hurt by an uninsured driver. Subject to certain limitations, you may recover damages under your own uninsured motorist policy if the other driver is proven to be uninsured.

Uninsured motorist coverage must be offered to each person who buys liability insurance in Tennessee. Thus, if you purchased liability insurance on your vehicle, you have uninsured motorist coverage unless you waived your right to have it in writing.

January 8, 2012

Rights of Saleswoman in Car Accident During Work

by The Law Offices of John Day, P.C.

I am a saleswoman for a office products company. I was driving from one customer’s place of business to see another customer when I was in car wreck. The other driver ran into me at 45 miles per hour as I was stopped in traffic. My car was totaled and I spent three days in the hospital. What are my rights?

You have two potential claims. First, you have a worker’s compensation claim because you were injured in the course of employment (assuming your employer has five or more employees). Under Tennessee worker’s compensation law, you have a right to have your medical bills paid and to receive a portion of your wages paid while you are unable to work. If you have a permanent impairment as a result of your injuries you are entitled to a payment for the extent of disability caused by that impairment.

Second, you have a claim against the driver of the other car. This is called a "tort" claim.

December 26, 2011

What You Should Do (And Not Do) After a Car Accident

by The Law Offices of John Day, P.C.

Here is a list of things you should do (or should not do) after a automobile or truck accident:

1) You should call the police. Ignore any request by the other driver to "let the insurance companies handle it" or "keep the police out of it – I can’t afford a ticket."

2) Tell the police officer(s) the truth about what occurred. Do not guess or try to fill in facts.

December 5, 2011

Can I Bring A Wrongful Death Lawsuit on Behalf of My Deceased Brother?

by The Law Offices of John Day, P.C.

My 22 year-old brother died in a car accident in Clarksville, Tennessee after being hit by a drunk driver. Do I have a right to sue for his death?

Here is the answer under Tennessee wrongful death law:

If your brother was married his wife would have the primary right to bring suit for her husband’s wrongful death.

November 30, 2011

The Lawyer I Talked To Has No Support Staff!

by The Law Offices of John Day, P.C.

I interviewed a personal injury lawyer about my truck wreck case the other day. I met with him in his office and it looked like he worked all alone – no secretary, no paralegal, no other lawyers. Is that something I should be concerned about?

Concerned? I don’t know that I would go that far. I do think that the absence of a support staff is a factor that you should consider in determining who you want to be your lawyer.

Lawsuits of any size are a team effort, and each person in the office plays an important role in helping preparing the case and maximizing the recovery for the client. Thus, I believe you should look at the other lawyers and staff in the office and determine whether they can work as a team to help you with your case.

November 28, 2011

Will My Insurance Company Help Me Settle My Car Wreck Case?

by The Law Offices of John Day, P.C.

I was involved in a car accident in Murfreesboro, Tennessee. It was not my fault. Will my insurance company help me settle my personal injury claim against the at-fault driver?

No. In fact, you may actually find yourself in an adversary position with your insurance company.

How can that happen? If the driver that caused the wreck does not have sufficient liability insurance to pay you what you deserve for your personal injury claim, you may have to make a claim for uninsured or under-insured motorist insurance benefits.

November 26, 2011

Will My Davidson County, Tennessee Car Accident Case Be Settled or Tried?

by The Law Offices of John Day, P.C.

I was involved in a car wreck in Davidson County, Tennessee. I am thinking about filing a lawsuit, but really don’t want to go to trial. Will my case be settled or tried?

Well, if you have a valid case, you have a great deal of whether the case is settled or tried. Insurance companies usually make an offer of some amount in every case with merit. The issue is whether you will be offered a fair amount given your injuries and losses. You can always accept less than a fair amount, but sometimes you have to go to trial before you can get the justice you deserve.

It is true that less than 10% of all personal injury and wrongful death cases in which a jury trial is sought result in an actual trial – in Davidson County or elsewhere in Tennessee. But it is difficult to say whether any particular will or should be tried.