Boating Accidents

July 16, 2012

Deadlines for Filing Personal Injury Cases in Tennessee

As a Tennessee personal injury lawyer, I receive at least one call every week from a potential personal injury client who has waiting too long to hire a lawyer to get help with filing a lawsuit. Recently, I had calls from three people in one week who called me too late for help.

There are lots of reasons you should call a lawyer quickly after a Tennessee auto accident or other event in which the negligence of another resulted in a serious injury, but one reason for prompt action is the delay can make it impossible to hire a lawyer who can help you.

Why do people wait to hire a lawyer? Some people think that they can resolve the personal injury case on their own, without any legal advice. Of course, sometimes that is true: a lay person may be able to settle a personal injury case without the assistance of a lawyer. For instance, car accident cases that involve only property damage, or that involve one trip to the emergency room and no other medical treatment frequently can be resolved without the help of a lawyer.

May 23, 2012

Why is My Past Medical History Important in My Personal Injury Lawsuit?

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

As Tennessee personal injury lawyers, we spend of time listening to our clients explain about injuries they received in car wrecks, truck accidents, and lots of other situations. One frequent question we are asked is whether the insurance company defending the case will be able to explore the client’s medical history.

A person’s medical history is important in any case in which he or she is claiming to have suffered a physical or psychological injury as a result of someone else’s negligent or intentional act. The medical history establishes the baseline of the person’s physical or psychological well being before the injury. Tennessee law requires medical evidence to show that a negligent act caused an injury, so a medical history can establish the lack of any prior problem that our client complains was caused in a car wreck or other event.

Tennessee law provides that you may not recover damages for physical and mental suffering from prior medical problems or medical care to treat those pre-existing problems. However, when a preexisting condition is made worse y the wrongful act of another person byou can recover damages for the worsening of the condition. Your medical history will be important to proving this claim – your lawyer will have to show what the condition was before you were injured and, with the assistance of testimony from a doctor, how the injury made that condition worse.

April 18, 2012

Personal Watercraft (PWC) Collides With Boat

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

We were on a boat on Old Hickory Lake outside of Nashville, Tennessee. A young man driving a personal watercraft (a jet ski) was jumping our wake real close to the back of the boat. This happened several times. Then the PWC was racing along side of us, and then cut to his right to go close to the back of our boat and hit our wake. At the same time, our boat driver slowed down to try to get the PWC operator to leave us alone. The PWC hit the boat, knocking me off my feet and into the side of the boat, breaking my arm. Is the PWC operator responsible for my injuries?

It is against the law to jump a wake within 100 feet of the back of a boat or to otherwise operate too closely to another boat. So, if the facts shake out as you remember, you will have a claim against the operator for negligently operating the PWC.

Under Tennessee law, any lawsuit you want to file against the PWC operator must be filed within one year of the date of the incident. Failure to file suit on time will result in a loss of your rights.

April 11, 2012

Jet Ski Accident – Can I Recover My Medical Bills From the Operator?

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

I was riding as a passenger on a jet ski at Center Hill Lake near Smithville, DeKalb County, Tennessee. The PWC operator was driving real close to the shore at a high rate of speed and hit a big rock. He lost control of the jet ski, I got flipped off, and tore the rotator cuff in my shoulder. Is he responsible for my medical bills?

More details are necessary before your case can be evaluated properly but generally speaking it is considered reckless driving of a personal watercraft device (jet ski) to operate in too close to shore. If the operator is determined to have been operating in a reckless or negligent fashion, he or she can be held liable for your medical bills. In addition, you may also receive compensation for your lost earnings, future lost earnings, pain, suffering and disability.

Remember that as a passenger you too have a responsibility to exercise reasonable care for your own safety any time you are on a jet ski. If the operator is engaging in horse play it is your responsibility to encourage to operator to behave appropriately and, if he or she fails to do so, to get off of the jet ski as promptly as it is prudent to do so.

June 29, 2011

Boating Accident – Other Boater Was Drunk

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

I was fishing at Tims Ford lake and a ski boat came around a corner and hit my small boat. I was thrown into the water and received a compound fracture to my leg and a bad cut. The leg became infected. The other boater was drunk? What are my rights?

Tennessee has laws that govern the operation of boats and it is just as illegal to operate a boat under the influence of alcohol as it is to operate a vehicle under the influence.

Thus, you have a claim against the boater who ran into you just as you would if you have been hit by a drunk driver on Hwy 50 between Lynchburg and Winchester.

March 23, 2011

Can My Statement on the Accident Report Be Used?

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

I was in a wreck. The police took a statement from me but she did not accurately put down what I said in the accident report. Can the accident report be used against me in a personal injury case?

Yes, but not directly. In most cases, the accident report cannot be admitted into evidence in a Tennessee state court. However, the police officer who you asked you questions can be subpoenaed into court and asked what you said to her. She will be given the right to review report, which may well be all that she remembers about what you said to her. Therefore, if the officer recalls only what is in the report and will not agree that the report is or could be wrong, the evidence of your statement as set forth in the report (technically, the officer’s testimony about that statement) can be used against you.

February 22, 2011

I Think I Am Under Surveillance

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

I have a pending personal injury claim from a wreck with a truck. I think someone is following me around and photographing or videoing my activities. Can insurance companies do that?

Yes, within certain limits. It is not uncommon for insurance companies to use surveillance to determine what task you can perform. The private investigators look to "catch" you performing sports activities, yard work and other physical labor that they say is inconsistent with the limitations and physical injuries you are claiming in litigation.

This is something that you need to discuss with your lawyer as soon as possible.

February 17, 2011

Can A Parent of an Adult Child File a Personal Injury Case for the Adult Child?

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

My 22-year old son was hurt in a car wreck. Can I file a lawsuit for him?

No, unless he is so severely injured or suffers from some type of disability that he is deemed incompetent. If he is incompetent, there are formal proceedings which must be filed to have him declared incompetent in the eyes of the law. If that happens, a conservator will be appointed and he or she will have the power to file or defend a lawsuit. If you are appointed the conservator, you would have that right.

However, if your son is competent, he is the only one who can file suit on his behalf. You can help him find a lawyer and can give him assistance in preparing the case, but the decision to file and the right to file is his and his alone.

February 17, 2011

What Damages Can A Parent Recover in a Personal Injury Case for a Minor Child?

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

My son was bit by a neighbor’s dog. What rights do I have in a lawsuit against the dog owner?

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.

February 15, 2011

Can I Bring A Lawsuit For My Daughter?

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

My 10-year old daughter was hurt in a car wreck. Her dad and I are divorced. Can I file a lawsuit on her behalf?

Yes, if you are the custodial parent you are permitted to bring a lawsuit on your daughter’s behalf. If you are not the custodial parent the appropriate person to bring the lawsuit is your daughter’s father ( I assume that he is the custodial parent).

Even if you are the custodial parent and have the right to file suit, you should work with the child’s father and try to maintain a united front in the litigation.