Death Cases

May 4, 2015

Water Safety Month: Dock Electrocutions

For the past eleven summers, our family has spent as many weekends as possible on Tims Ford Lake. We enjoy swimming, water skiing, jet skiing, grilling out with friends and all of the other fun the lake has to offer. But, in those eleven years, there have been some unspeakable tragedies as a result of electrocutions.

Around the corner from us, two young boys were electrocuted and died when they jumped from their dock and into the water. The electrical work on the newly installed dock had been improperly installed allowing a live charge to enter the water. Then, just two years ago, an adult was electrocuted and died as a result of an improperly grounded dock. Both accidents were preventable. So what can you do to make your dock safe? Continue reading

January 13, 2014

Two Reasons Why There Were Fewer Crash-Related Deaths on Tennessee Roadways in 2013

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

While the numbers are only preliminary, the Tennessee Department of Safety has released the statistics on crash fatalities for Tennessee in 2013. The news is wonderful: traffic fatalities dropped from 1015 in 2012 to 988 in 2013. That is 27 families who did not suffer the pain and turmoil of losing a family member in a car accident.

The Commissioner for the Tennessee Department of Safety believes the improvement is related to stronger enforcement of seatbelt violations and DUI laws. State troopers issued 74,277 seat belt and child restraint citations in 2013, which is a 135.1 percent increase since 2010. Seatbelt enforcement is critical as unbelted occupants were 48.9 percent of the fatalities in 2013.

Similarly, Tennessee state troopers arrested 6,428 motorists for DUI in 2013, which is 90.4 per cent increase since 2010. In 2013, preliminary numbers reveal 211 people were killed in alcohol-related crashes in Tennessee.

June 26, 2013

Tennessee Wrongful Death – Can A Spouse Who Wasn’t Living With the Decedent File a Wrongful Death Lawsuit?

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

Under Tennessee law, the spouse of the decedent usually has the right to file and control a wrongful death lawsuit. However, a spouse can lose the right to file and control the wrongful death suit if he or she has abandons or becomes "willfully withdrawn" from the decedent for a period of two years.

If this situation exists, the courts will presume that the surviving spouse has forfeited his or her rights to file and control the wrongful death suit and that right will go to others.

If a dispute about this occurs, the surviving spouse will have the right to be heard in court and argue that he or she is the appropriate person to file and control the lawsuit. A determination against the spouse can also affect his or her right to receive any of the proceeds of the wrongful death lawsuit itself.

February 7, 2013

Fatalities on Tennessee Roads in 2012

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

Deaths on Tennessee roads increased in 2012 over a year earlier. Here is some of the key statistics as gathered by the Tennessee Department of Safety:

Total fatalities – 1022, up 85 from 2011
Teen driver involved in death – 115
Senior driver involved in death – 190
Rural deaths – 542
Urban deaths – 480
Pedestrians – 67
Large Truck Involved – 102
Bus Involved – 8
Motorcyclists – 139
ATV rider – 10

Is this number of deaths an anomaly? Unfortunately, it appears that they are not. The death rate for January 2013 is 6 people higher than it was in January 2012.

Don’t become a statistic. Wear a seat belt. Don’t drink and drive. Don’t text and drive. Drive defensively. Stay within the speed limit, reducing your speed in when required by traffic or weather.

November 15, 2012

How Is the Recovery of Money From A Tennessee Wrongful Death Lawsuit Distributed to Family Members?

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

The distribution of the monies received in a successful Tennessee wrongful death case is described in this post.

Funeral expenses are re-paid to the person who paid the funeral bills. (Note: the actual law on this issue is a little unclear, but this is what generally occurs.)

Medical expense monies generally must re-paid to the person or insurance company (or government entity) that paid the medical bills. (Once again, there are some who take a different position on this issue, depending on who paid the bills, but this is what generally occurs.)

July 17, 2012

Personal Injury and Wrongful Death Lawsuits Against the State Of Tennessee

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

Suing the State of Tennessee in a personal injury or wrongful death case is different than suing a person or business in a personal injury case. Here are some of the major differences:

1. Formal notice must be given before a lawsuit is filed with the Division of Claims Administration. Failure to give written notice in the correct way will result in the loss of the right to bring a claim. Notice typically must be given within one year of the date of the incident causing injury or death, although this area of the law is very complicated. The actual deadline that applies in your case should be determined by an experienced Tennessee personal injury and wrongful death lawyer who has been made aware of all of the facts.

2. After notice is filed, the injured person must wait 90 days before taking other legal action. The State may settle or deny the claim during this 90-day period. (I have filed claims against the State of Tennessee many times over my 30+ years as a lawyer and they have never settled a claim in this 89 day period.) If the claim is not settled or denied, proper papers must be filed with the Tennessee Claims Commission.

February 10, 2012

Deaths from Tennessee Car and Truck Accidents Decline

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

Tennessee has seen a decline in the number of deaths from car and truck accidents.

Recently released statistics reveal that the number of people killed on Tennessee roads decreased from 1032 in 2010 to 946 in 2011, a drop of almost 9%.

Traffic fatalities were down in most counties in Middle Tennessee. In fact, the only counties that saw in an increase in the number of deaths in traffic accidents were Williamson County (up 3 from 6 deaths to 9), Wilson County (up 6 deaths from 15 to 21), Rutherford County (an increase in one fatality from 20 to 21), Houston County (a significance increase – from 1 to 3); and Coffee County (deaths doubled from 8 to 16). Lawrence County reported the biggest increase in traffic deaths in terms of raw numbers, from 4 to 14. Giles County County increased from 7 deaths to 10 and Maury County increased from 10 to 14 fatalities.

December 16, 2011

I Think My Brother Killed Our Mother. Can I Sue Him?

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

I think my brother killed our mother. She was living alone in the family home and was found murdered. Because of a history of trouble between our mother and my brother, both my sister and I think he killed her. Can we sue him?

Under Tennessee law, your brother could be sued for wrongful death even if he has not yet been charged, tried, or convicted of the crime of murder. Murder in criminal law would be “battery” under the civil law, and a civil law suit for battery can be filed even if the criminal charges have not been filed. Damages that can be sought for battery include compensatory damages and punitive damages.

In fact, under Tennessee law a person can be found innocent of murder in a criminal case and still be successfully sued for battery arising out of the same incident. Why? Because in a civil wrongful death case the person bringing the lawsuit must only prove the that the defendant killed the decedent by a preponderance of evidence (that is, more likely than not). In a criminal case the State must prove beyond a reasonable doubt that the defendant murdered the decedent. Thus, the criminal court jury could conclude that the State did not prove what it needed to send the defendant to prison but the civil court jury could conclude that more likely than not the defendant killed the decedent and award damages.

December 5, 2011

Can I Bring A Wrongful Death Lawsuit on Behalf of My Deceased Brother?

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

My 22 year-old brother died in a car accident in Clarksville, Tennessee after being hit by a drunk driver. Do I have a right to sue for his death?

Here is the answer under Tennessee wrongful death law:

If your brother was married his wife would have the primary right to bring suit for her husband’s wrongful death.

October 31, 2011

Can I Sue a Murderer?

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

My brother killed our mother. My brother and I are her only children. Can I sue him?

Under Tennessee law someone has the right to sue your brother and it might be you. The act of murder under the criminal law is known as "battery" in the civil law. One who commits an act of battery must pay damages for the harm he or she causes.

Your father would have the right to file suit assuming he is still alive and was married to your mother at the time of her death.