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Articles Posted in Damages in Personal Injury Cases

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Well, we could all certainly use some more beauty in our lives these days.  We often think of beauty as a physical attribute but it is so much more.  Kindness is beautiful, justice is beautiful, truth is beautiful, courage is beautiful and so many more things.  In honor of National Make Life Beautiful Day, we wanted to announce another give-away from our office.  On June 27th, we are going to be giving away 1,000 washable cloth masks from the parking lot of our Murfreesboro office.  Just drive through and get a free mask.  More details are below.  In addition, below are some easy suggestions on how you could make life beautiful tomorrow, and we would love for you to comment with some suggestions of your own. Continue reading

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Each year in the United States, more than 400,000 women will choose to have breast implants.  Seventy-five percent of those surgeries are performed on healthy breasts for aesthetic reasons, and the remaining twenty-five percent are performed following mastectomies.   Regardless of the reason, breast implants can either be ruptured or displaced in an accident and, depending upon the circumstances, you might not know it for some time.  If you or a loved one has breast implants, read on to find out what to do following an accident. Continue reading

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At this time of year, especially with a shortened season between Thanksgiving and Christmas, it is easy to feel overwhelmed.  Shopping, wrapping, addressing, baking and all the other things that need to be squeezed into our already busy schedules can become stressful.  But it is important to take a step back, take a deep breath and realize that this type of overwhelmed is rooted in something joyful.  We buy the presents, send the cards, bake the cookies, etc. because it is part of a season of joy and festivities.  But, there is another type of overwhelmed. Continue reading

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In a recent blog post, Seth Godin wrote: “Accountability is done to you by the industrial system, by those that want to create blame.  Responsibility is done by you. It’s voluntary. You can take as much of it as you want.”   Seth Godin is a marketing guru and I enjoy his blog.  As it relates to the legal field and the work of the lawyers at the Law Offices of John Day, I would change this post slightly:   Accountability is done to you; when you do not take responsibility.  Here is why I say that. Continue reading

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At The Law Offices of John Day, P.C., we have two intake specialists, Penny Whitaker and Lauren Bates. When people call into the offices for a free consultation, Lauren and Penny take the basic accident information for a free review by one of our award-winning attorneys. Let me say, Penny and Lauren do a great job; they understand that when people call our office they are often confused about their rights and options, scared about what the future may bring and looking for help. And, we desperately want to help. But all too often, we can’t and that is where the disappointment comes in. This is never truer than when someone did do something wrong and injuries or death resulted. Let me explain. Continue reading

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Tennessee is one of the top five states for uninsured motorists.  Roughly 20% of the vehicles on our roads are not covered by insurance.  Second, 46.8% of all ride-share drivers do not have ride-share insurance.  So why are these two facts so scary? Continue reading

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According to a recent report in The Tennessean, Franklin police need help locating a driver who caused a deadly motorcycle accident last week on McEwen drive.  According to witnesses, an unidentified Nolensville woman, age 50, changed lanes and knocked the motorcycle into a curb.  The motorcyclist, who was thrown from his bike, was severely injured and later died at the scene. If you or a family member was involved in an accident with an unidentified driver who does not stop, you can still recover money for your losses if you have the right insurance and know what to do. Continue reading

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Last year, 40,200 people lost their lives in car accidents.  Think about that.  40,200 lives cut short.  40,200 funerals.  40,200 families mourning the loss of a loved one.  For more perspective on that, the Chicago White Sox stadium holds 40,615 people,  so we lost almost a stadium full of people to car accidents last year.  The death toll represents a 6% increase over 2015 and a 14% increase over 2014.   Experts attribute the rise in deaths to a number of factors and, of course, have offered suggestions to protect yourself. Continue reading

We wrote just a few days ago about the bus crash in Nashville involving a school bus in Chester County.  That school bus wreck was bad enough, but today’s school bus accident in Chattanooga is even more tragic.

Apparently, a school bus filled with 35 children crashed into a tree.  It has been reported that six children have died in the crash off Talley Road in Hamilton County and many others have been injured, some in critical condition.  The students attended Woodmore Elementary School.

No information about the cause of the crash is currently publicly available, although speed is being investigated as a factor.  Reportedly the school bus driver is cooperating with authorities. UPDATE:  CNN reports that the bus driver, Johnthony Walker, 24, has been charged with five counts of vehicular homicide, reckless endangerment and reckless driving and that the National Transportation Safety Board will be investigating on Tuesday November 22. Continue reading

The Chester County school bus crash in Nashville injuring 23 students (with 20 more seeking a medical evaluation) provides a good opportunity to remind our readers of one of the most unfair provisions of Tennessee law.  That’s saying a lot – there are lots of unfair parts of Tennessee personal injury and wrongful death law – but this one is a biggie.

Most people think that people and companies who harm others should be held accountable for the harm they cause.  But, when a local government causes harm, its accountability is very limited.  Local governments (and the state and federal government) can only be sued under certain circumstances and when they can be sued special rules apply.  The special rules are set forth in the Tennessee governmental tort liability act and the relevant case law.  (Claims against the State of Tennessee are addressed in a separate law.)

The Chester County school bus crash shines the light on two of the special rules.  Before I discuss them please know that I know nothing of the facts of the accident.  I have seen the news reports, but cannot vouch for their accuracy or completeness.

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