Damages in Death Cases

February 26, 2013

Personal Injury and Wrongful Death Lawsuit Statistics for Cookeville and Putnam County, Tennessee

The Tennessee Administrative Office of the Courts has released information about Tennessee personal injury and Tennessee wrongful death cases filed in Lebanon and Wilson County, Tennessee for the year ended June 30, 2012.

Here is the data;

Total personal injury and wrongful death cases filed in court: – 126
Total personal injury and wrongful death cases resolved in court – 156
Total number of cases going to trial – 31
Total number of jury trials – 7
Total number of non-jury trials – 24
Total number of cases in which damages were awarded 0 (30%)
Total number of cases where damages awarded was between $1 and $99,999 – 7
Total number of cases where damages awarded was between $100,000 and $999,99 – 0
Total number of cases where damages awarded exceeded $1,000,000 – 2
Total damages awarded in all cases – $21,404,341
Average damages awarded – $2,640,434

The average success rate for plaintiffs at trial in Tennessee was 38.49% for 2011-12. Thus, the win rate for plaintiffs in Cookeville and Putnam County was slightly lower than the statewide-average.

February 22, 2013

Lebanon and Wilson County,Tennessee Personal Injury and Wrongful Death Statistics – 2011-12

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

The Tennessee Administrative Office of the Courts has released information about Tennessee personal injury and Tennessee wrongful death cases filed in Lebanon and Wilson County, Tennessee for the year ended June 30, 2012.

Here is the data;

Total personal injury and wrongful death cases filed in court: – 156
Total personal injury and wrongful death cases resolved in court – 144
Total number of cases going to trial – 4
Total number of jury trials – 2
Total number of non-jury trials – 2
Total number of cases in which damages were awarded 1 (25%)
Total number of cases where damages awarded was between $1 and $99,999 – 0
Total number of cases where damages awarded was between $100,000 and $999,99 – 0
Total number of cases where damages awarded exceeded $1,000,000 – 1
Total damages awarded in all cases – $2,459,878
Average damages awarded – $2,459,878

The average success rate for plaintiffs at trial in Tennessee was 38.49% for 2011-12. Thus, the win rate for plaintiffs in Wilson County was a lower than the statewide-average.

February 21, 2013

Personal Injury Statistics for Sumner County, Tennessee – 2011-12

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

The Tennessee Administrative Office of the Courts has released information about Tennessee personal injury and Tennessee wrongful death cases filed in Hendersonville, Gallatin and the rest of Sumner County, Tennessee for the year ended June 30, 2012.

Here is the data;

Total personal injury and wrongful death cases filed in court: – 220
Total personal injury and wrongful death cases resolved in court – 199
Total number of cases going to trial – 9
Total number of jury trials – 1
Total number of non-jury trials – 8
Total number of cases in which damages were awarded 3 (33.3%)
Total number of cases where damages awarded was between $1 and $99,999 – 1
Total number of cases where damages awarded was between $100,000 and $999,99 – 2
Total number of cases where damages awarded exceeded $1,000,000 – 0
Total damages awarded in all cases – $532,969
Average damages awarded – $177,656

The average success rate for plaintiffs at trial in Tennessee was 38.49% for 2011-12. Thus, the win rate for plaintiffs in Sumner County was a little lower than the statewide-average.

February 19, 2013

Murfreesboro and Rutherford County, Tennessee Personal Injury and Wrongful Death Statistics – 2011-12

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

The Tennessee Administrative Office of the Courts has released information about Tennessee personal injury and Tennessee wrongful death cases filed in Murfreesboro and Rutherford, Tennessee for the year ended June 30, 2012.

Here is the data;

Total personal injury and wrongful death cases filed in court: – 432
Total personal injury and wrongful death cases resolved in court – 566
Total number of cases going to trial – 23
Total number of jury trials – 9
Total number of non-jury trials – 14
Total number of cases in which damages were awarded 6 (26.0%)
Total number of cases where damages awarded was between $1 and $99,999 – 6
Total number of cases where damages awarded was between $100,000 and $999,99 – 0
Total number of cases where damages awarded exceeded $1,000,000 – 0
Total damages awarded in all cases – $209,662
Average damages awarded – $34,944

The judges in Rutherford County are doing a good job of managing their dockets, as evidenced by the fact that more cases are being resolved than are actually being filed. In the 2010-2011 year, 479 cases were filed but only 436 were resolved. The number of trials also dropped from a year earlier- in 2010-11 there were 20 trials (9 of which were jury trials).

February 18, 2013

Personal Injury and Wrongful Death Lawsuit Statistics for Williamson County, Tennessee – 2011-12

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

The Tennessee Administrative Office of the Courts has released information about Tennessee personal injury and wrongful death cases filed and resolved in Williamson County, Tennessee for the year ended June 30, 2012.

Here is the data;

Total personal injury and wrongful death cases filed in court: – 264
Total personal injury and wrongful death cases resolved in court – 240
Total number of cases going to trial – 3
Total number of jury trials – 3
Total number of non-jury trials – 0
Total number of cases in which damages were awarded 1 (33.3%)
Total number of cases where damages awarded was between $1 and $99,999 – 1
Total number of cases where damages awarded was between $100,000 and $999,999 – 0
Total number of cases where damages awarded exceeded $1,000,000 – 0
Total damages awarded in all cases – $2,000
Average damages awarded – $2,000

Shocked? Can’t believe that there aren’t more cases and more trials in Williamson County, a county of $185,000? These numbers are not that unusual – Nashville and Davidson County have more filings (1382) and more trials (69) but remember that it has more interstate highways and other roads (and thus more traffic and more wrecks) and much more other economic activity that can rise to personal injury and wrongful death claims.

February 17, 2013

Nashville and Davidson County, Tennessee Personal Injury and Wrongful Death Statistics for 2011-12

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

The Tennessee Administrative Office of the Courts has released information about Tennessee personal injury and Tennessee wrongful death cases filed in Nashville, Davidson County, Tennessee for the year ended June 30, 2012.

Here is the data;

Total personal injury and wrongful death cases filed in court: – 1,382
Total personal injury and wrongful death cases resolved in court – 1,455
Total number of cases going to trial – 69
Total number of jury trials – 47
Total number of non-jury trials – 22
Total number of cases in which damages were awarded 35 (50.7%)
Total number of cases where damages awarded was between $1 and $99,999 – 26
Total number of cases where damages awarded was between $100,000 and $999,999 – 6
Total number of cases where damages awarded exceeded $1,000,000 – 3
Total damages awarded in all cases – $9,031,623
Average damages awarded – $258,046

There a couple things of note about these numbers. First, you are probably surprised that there are so few cases actually going to trial – only 69 in a year or less than 6 per month. This is not only true in Nashville but across the state – the number of jury trials (and the number of lawsuits filed) has continued to decline.

December 3, 2012

Prejudgment Interest Is Not Awarded in Tennessee Personal Injury or Wrongful Death Cases

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

Tennessee law does not permit the recovery of prejudgment interest in personal injury or wrongful death lawsuits .

However, if you win a case and a judgment is entered by the court you are permitted to recover interest on the amount of the judgment. Under the law in effect before July 1, 2012, interest accrued at the rate of 10% per year on the amount of the judgment that is unpaid. Now, the interest rate varies from time to time; the interest rate on judgments as of December 3, 2012 is 5.25%.

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. To learn how we can help you with your case, call me at 866.812.8787 for a free consultation. You may also complete our Contact form and we will get in touch with you.

October 8, 2012

Jury Trial Results in Nashville and Davidson County, Tennessee for August 2012 in Personal Injury and Wrongful Death Cases

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

There were only four personal injury trials in Nashville (Davidson County) Tennessee in August 2012.

All of the cases were automobile wreck cases. The plaintiff "won" three of the cases – the amounts awarded by the jury were $2995, $12,249 and $5000. In the remaining case the jury returned a verdict for the defendant.

There was also a jury trial in a wrongful termination from employment case. The jury awarded the plaintiff $117,000.

October 4, 2012

Deaths At Work and Worker’s Compensation Claims

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

The Tennessee business community is looking at dramatically reducing the rights of Tennessee workers who get killed or injured on the job. There is a certainty that legislation will be introduced at the next legislative session that will make it more difficult for Tennesseans who are hurt at work to recover money for their losses.

It is interesting that this discussion is underway at the very same time that the United States Bureau of Labor Statistics has produced a report telling us how many people are killed at work. Here are a few of the shocking figures from 2011"

4,609 people were killed while at work.
This is equivalent to 3.5 of every 100,000 workers.
17% of the deaths were caused by violence in the workplace.
deaths in the private truck transportation area were up 14%
Fatal injuries among workers in the 20 – 24 age group were up 18%
143 workers were killed by fire or explosions.
120 Tennessee workers died on the job.
10 Tennessee workers died from fire or explosions

All Tennesseans are urged to keep up with proposals that will make it more difficult for Tennessee workers and their families to receive worker’s compensation benefits and to speak out against these efforts by contacting legislators.

October 3, 2012

The Difference Between “Economic Damages” and “Non-Economic Damages” in Tennessee Personal Injury and Wrongful Death Cases

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

In Tennessee personal injury and wrongful death cases there are two new classification of damages that cause some confusion. The phrases, "economic damages" and "non-economic damages," were added to the law by the Tennessee General Assembly in 2011 and are applicable to all Tennessee personal injury and wrongful death cases that arose on or after October 1, 2011.

"Economic damages" are damages that can be readily measured in money. They include damages like medical bills and lost income.

‘Non-economic damages" are damages for pain, suffering, loss of the right to enjoy life, disfigurement, and other types of intangible losses that are not readily measurable in money. In wrongful death cases, this classification of damages includes the loss of a parent, spouse or child.