Damages in Death Cases

May 29, 2012

Who Is Entitled to The Money Recovered in a Tennessee Wrongful Death Case?

Many people do not understand what happens to damages collected in a successful Tennessee wrongful death lawsuit. In fact, last week I received a call from a lawyer indicating that he settled a wrongful death case and did not know how to distribute the proceeds of the settlement.

The law is relatively straight-forward. The decedent’s will does not control who gets the money recovered in a wrongful death lawsuit. Instead, Tennessee law provides that the monies are distributed according to the law of intestate succession, that is, the money is distributed as if the person died without a will.

So, if a person dies with with no spouse and no children, his or her parents are entitled to the recovery of the wrongful death proceeds. If the person leaves only a surviving spouse, the parents are excluded and the spouse gets 100% of the money.

May 9, 2012

Jury Trials in Nashville, Tennessee Circuit Court in March 2012

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

There was a relatively large number of jury trials in the Circuit Court for Davidson County (Nashville), Tennessee in March, 2012. Here are the results

Automobile Cases

Plaintiff awarded $8248
Plaintiff found 50% at fault and case dismissed (2 cases)
Defense verdict.
Plaintiff awarded $5000

Health Care Liability Cases

April 5, 2012

Nashville and Davidson County, Tennessee Jury Trial Statistics for February, 2012

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

The Circuit Court Clerk’s Office has released the data concerning tort jury trials in Nashville and Davidson County for February, 2012. "Tort" cases are civil lawsuits involving injuries, death or other losses from automobile accidents, truck crashes, fall-downs, medical malpractice, dog-bites, and any other type of event that causes injury or death

Only four tort cases were tried to juries in the entire month, and three of them were medical malpractice (now called "health care liability") cases. One of those cases was settled after jury selection and opening statements – the amount of the settlement was not disclosed. One health care liability case resulted in a mistrial and the other resulted in a verdict for the health care providers.

The only other trial was a personal injury case. The Court directed a verdict for the defense in that case, and thus a jury was not permitted to decide it.

March 12, 2012

Nashville Personal Injury Trial Jury Verdicts for January 2012

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

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

One of the cases was a medical malpractice (health care liability) case. The case resulted in verdict the defendant health care provider.

Another jury trial was a malicious prosecution case. Once again, a jury verdict for the defense was entered.

December 15, 2011

Is There A Limit on Wrongful Death Damages in Tennessee?

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

There are several types of damages in wrongful death cases. If the case is successful, the survivor(s) can recover damages for medical bills, funeral expenses, loss of earning capacity (reduced by personal maintenance expenses) and loss of the loss, society and affection of the decedent.

For cases arising on or after October 1, 2011, damages for the "loss of love, society and affection of the decedent" are limited to $750,000. The only exception to this rule is if the decedent leaves a minor child. In that situation, the damages for "loss of love, society and affection of the decedent" are limited to $1,000,000.

There is no limit on damages in wrongful death cases in Tennessee for cases that arise before October 1, 2011.

December 12, 2011

Jury Trials in Nashville, Tennessee Circuit Court in October 2011

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

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

November 26, 2011

Number of Personal Injury And Wrongful Death Trials In Tennessee State Court

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

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

November 20, 2011

Jury Trials In Nashville (Davidson County, Tennessee) in September 2011

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

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.

November 14, 2011

Is The State of Tennessee Liable for Punitive Damages?

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

I was hurt in a car wreck. The wreck was caused by a state employee driving at a very high rate of speed during work hours. The employee was working at the time of the wreck. The officer told me that the state employee’s conduct was reckless. Can I recover punitive damages in a claim against the State of Tennessee?

No. Tennessee law permits you to sue the State of Tennessee when one of its employees negligently causes a car wreck and resulting property damage and injuries, but claims for punitive damages are not permitted under any circumstances. This is true even if the conduct is reckless and you would have been able to collect punitive damages if the wreck had been asserted against a private individual.

Compensatory damages may be sought, but they are limited to $300,000 per person and no more than $1,000,000 per incident.

October 3, 2011

Is There A Limit on Punitive Damages in Tennessee Personal Injury and Wrongful Death Cases?

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

Does Tennessee have any limits on punitive damages in personal injury and wrongful death cases?

Yes, for all injuries and deaths that occur as a result of reckless or malicious acts on or after October 1, 2011.

Under the new law, punitive damages are limited to $500,000 or two times the compensatory damages awarded in the case, whichever is more. Punitive damages are not limited in cases involving those who cause harm while under the influence of drugs and alcohol and those who intend to cause physical injury. Punitive damages are prohibited in certain other types of cases.