According to the Administrative Office of the Courts data, for the 2013-2014 reporting year, there were 10,232 tort cases filed in the State of Tennessee. (Tort cases are claims for injury or death and include medical malpractice or healthcare liability claims.) During that same time frame, 10,322 cases were concluded in some fashion such as dismissal, settlement or trial. However, very few were concluded by way of a trial. In fact, only 416 cases or 4% of tort or healthcare liability cases were tried in the entire State of Tennessee last year. So what kind of verdicts were returned in these 416 cases? Continue reading
Articles Posted in Damages in Death Cases
Damage Caps on Train Accidents Hurt Victims
Almost two decades ago, Congress decided $200 million should be the most a passenger train company like Amtrak should be required to pay to injury victims. Sounds like a lot of money, but let’s look at that for just a moment.
Passenger trains can hold hundreds of people and train wrecks can cause an array of injuries from broken bones to death. Without knowing how many people would be injured or what type of injuries they sustained, Congress set a limit on how much money, as a group, they could recover. Congress set a limit without knowing how many people would be killed and what those lives lost meant to their families. For example, was the person who was killed the sole breadwinner for a family consisting of three very young children? But it gets worse. Continue reading
Memphis, Shelby County Trial and Verdict Statistics in Personal Injury and Wrongful Death Cases
It is Friday and we are covering verdict and trial statistics for the last of the largest four cities in Tennessee — Memphis/Shelby County, the Thirtieth Judicial District.
Last fiscal year, 1,747 new tort cases (lawsuits for personal injury or wrongful death) were filed in Shelby County courts and 1,817 were resolved. Shelby County had more trials than any other county in the State with 76 — 53 jury trials and 23 bench trials. Of those 76 trials, the injured party won 44 of the cases. In the other 32 cases, the injured party did not receive any compensation whatsoever.
In terms of verdicts, the total dollar amount awarded in all 44 trials was $10,891,198.00 for an average award of $247,527.00. The verdicts can be broken down even further: 37 of the trials resulted in verdicts of less than $100,000.00; 5 of the trials resulted in verdicts ranging between $100,000.00 to $999,999.99; and 2 of the trials resulted in verdicts that exceeded One Million Dollars. Obviously, a relatively small number of large verdicts had a significant impact on the average verdict figure.
Chattanooga Trial and Verdict Statistics in Personal Injury and Wrongful Death Cases
Today, we are looking at trial and verdict information for Chattanooga/Hamilton County, which is the Eleventh Judicial District. The Administrative Office of the Courts’ report reveals 711 tort lawsuits (claims for personal injury or wrongful death) were filed in Chattanooga during the last fiscal year and Chattanooga courts disposed of 693 tort cases. During the last year, 37 cases went to trial in Chattanooga with 21 jury trials and 16 bench or judge trials. Of the 37 cases went that actually went to trial, only 10 resulted in the injured party receiving any money. So in more than 2/3 of the trials, the injured party received nothing.
And in the cases the injured party actually won, the verdict news is similarly bleak. Not a single case resulted in a verdict of $100,000.00 or more. The total dollars awarded for all ten cases was $303,648.00 so the average award in each case was $30.365.00. Of course, we do not know the facts of each one of those cases but we do know this: there is a reason they call it a trial. It is hard, emotionally-draining and exhausting for the parties and their attorneys. And most injured people who go through a trial expect their recovery to be more than that, and it should be if they have serious injuries.
We really can not emphasize enough how important it is for you to select an experienced and well-qualified lawyer. Of course, we hope you hire us and we believe our awards and client testimonials speak for themselves. But even if you do not hire us, use this information sheet to help you find a skilled lawyer who can help maximize your recovery. If you would like to schedule a free and no-obligation consultation, simply fill out this form or call us anytime at 615-742-4880 or toll-free at 866-812-8787. We handle all personal injury and wrongful death cases on a contingency basis so we only get paid if we recover money for you.
Knoxville, Tennessee Injury and Wrongful Death Verdict Statistics
This week, we are examining trial and case statistics from the Administrative Office of the Court’s yearly report, Annual Report of the Tennessee Judiciary for the Fiscal Year 2012-2013. Today, we take a closer look at Knoxville.
Last year, 938 tort lawsuits (claims for personal injury or wrongful death) were filed in Knox County. 38 cases went to trial — 23 of them were jury trials and 15 were judge or bench trials. Of the 38 case that went to trial, the injured party recovered money in less than half of those trials (18 of 38).
Of the 18 cases that actually went to trial and resulted in a verdict for the injured or deceased party, 14 of those cases had an award in the range of $0 to $99,999.99. Three cases had verdicts in the range of $100,000.00 to $999,999.99 and only one case had a verdict in excess of $1,000,000.00. The average award for verdicts in Knox County, Tennessee was $149,205.00, a number driven significantly upward by the one verdict that was in excess of $1,000,000.
Injury and Death Trial and Verdict Statistics for Nashville, Tennessee
Last week, we told you that the Administrative Office of the Courts had published the Annual Report of the Tennessee Judiciary for the Fiscal Year 2012-2013. The report provides information on the number of tort filings (lawsuits alleging personal injury or wrongful death), the number of trials and verdict information.
Nashville and Davidson County, Tennessee are in the Twentieth Judicial District. For the year ending June 30, 2013, 1,571 tort cases were filed in the Twentieth Judicial District and 1,441 tort cases were disposed of by either trial, motion, dismissal, etc. Only 66 cases went to trial in Davidson County – 35 were jury trials and 31 were bench or judge trials. Of the 66 cases that went to trial, 43 resulted in a verdict for the injured party. Here is the breakdown of the awards:
· The vast majority of the cases (34 of them) resulted in verdicts that were less than $100,000.00.
Statistics on Trial Results in Personal Injury and Medical Malpractice Cases in Tennessee
The Administrative Office of the Courts has released the Annual Report of the Tennessee Judiciary for the Fiscal Year 2012-2013. The report provides detailed information on each judicial district in the state. For instance, the report indicates the number of tort cases (claims for personal injury or wrongful death) filed in each district. It also provides information on how quickly cases are being disposed of in each district, the number of jury trials, the number of bench or judge trials, the average jury award, etc.
At The Law Offices of John Day, P.C., we carefully review this report looking for trends in tort cases or in a particular judicial district. Over the next few days, we will be posting summaries from the report about the big four: Nashville, Memphis, Chattanooga and Knoxville. And over the next few weeks, we will be updating our website to reflect the new data for individual judicial districts.
But for today, here are the statewide numbers for the fiscal year 2012-2013:
What Is the Maximum Amount of Damages That Can Be Recovered In A Tennessee Wrongful Death Case?
A new law in Tennessee limits the amount of damages that can be awarded in a Tennessee wrongful death case.
Under the new law, the family of a person who has died as a result of the negligent conduct of another person or company is limited to recovery of the following types of damages"
- Medical bills caused by the negligence.
- Funeral Bills.
- Lost earning capacity from the time of injury to death.
- Future lost earning capacity reduced by future personal maintenance expense.
There is no limit on the amount of money that can be awarded for these types of losses. The actual amount of money that can be recovered will depend on the evidence of the amount of loss for each one of these elements of loss.
Are Burial Expenses Recoverable in a Tennessee Wrongful Death Lawsuit?
Tennessee law permits the recovery of funeral and burial expenses as part of the damages in a wrongful death lawsuit.
The case law is unclear about whether there is any limit on the amount of funeral and burial expenses that may be recoverable. Presumably, the law permits only the recovery of a "reasonable" amount of such expenses, but there is no fixed dollar amount or any other guidance on this issue.
Therefore, evidence of the amount of funeral and burial expenses incurred must be gathered and presented as part an effort to settle a wrongful death case. Appropriate evidence must also be introduced at trial in the event the case cannot be settled.
Nashville and Davidson County, Tennessee Personal Injury Jury Trial Results for January, 2013
Here are the results for personal injury and wrongful death jury trials in Nashville, Davidson County, Tennessee for January, 201.
Automobile Case: $339,163 for the Plaintiff
Automobile Case: $143,451 plus $7500 for the Plaintiff
Tennessee Injury Law Center



