Articles Posted in Hiring a Lawyer

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Our 9 year-old daughter loves telling jokes and pulling little pranks. When she finds one that really hits the mark, she will tell it over and over and each time she will giggle and say: “It never gets old”.  Something else that never gets old is receiving a compliment or an award. And we are pleased to announce that for the 25th year in a row, John Day has been selected by his attorney peers for inclusion in the 23rd Edition of The Best Lawyers in America. And, for the 10th year in a row, John was honored in five separate categories: Continue reading

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Drum roll, please.  The winner is John Day. Recently, the Nashville Business Journal awarded John the 2016 Best of the Bar Award in the category of Litigation and Dispute.  The Nashville Business Journal took nominations from the public and then voting ensued. Of course, John is proud of this award and the other awards and recognition he has received over the years.  But perhaps one of the best things about receiving certain awards is it can help injury victims decide which attorney to hire for their accident case as awards generally help folks have some confidence in the skills of the person they are hiring.  And while awards are one factor you should consider when hiring a lawyer, here are some other things you should consider before hiring an attorney for your accident case: Continue reading

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Almost any coach will tell you that fundamentals win games. While lawsuits are definitely not a game, they are about winning. So just as a good baseball coach will instruct you to field a grounder with your glove on the ground and your bare hand above the glove, we want to tell you four fundamentals you can do to help win your lawsuit. Continue reading

mean dog

I know you may think this article is about politics and it surely could be. The rhetoric in this election year has been meaner and uglier than I can remember. But, I am talking about lawyers. While mean is not the quality anyone is usually looking for in leaders, family or friends, contrary to a lot of folks popular belief, it is also not the quality you should be seeking in a lawyer. Let me explain. Continue reading

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Whether your kid is involved in softball, baseball, basketball, gymnastics, soccer, football, cheerleading or other type of sport, the registration process almost certainly included a sports or liability waiver.   Typically, the parent or guardian is asked to release the organization, coaches, etc. from any claims arising from their child’s participation. And, because the waivers are presented as a take-it or leave-it, negotiation is not an option.  So, you sign it.  And then, the worst happens: your child gets injured. What do you do next? Continue reading

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Recently, we were contacted by a woman who had sustained a broken elbow in an accident. She called our office and we reviewed her accident and her legal options with her. Given the circumstances of her accident, we told her we did not think we would be able to help her. But, we gave her some advice on what she could do to, at least, get the company to pay her medical bills. We later heard back from this woman who expressed her gratitude for us spending the time to talk to her and helping her find a way to get reimbursed for her medical bills. She ended her email by saying we had reshaped her opinion of personal injury lawyers.

Personal injury lawyers do get a bad name as ambulance chasers, sharks, etc. And to a large extent, some of our brethren have brought this on through a variety of practices including taking on too many cases causing them to neglect clients, airing tacky commercials with such catchy phrases as: “turn your wreck into a check”, unethically pursuing injury victims, etc. I could go on but I think you know the conduct to which I am referring. Continue reading

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First, allow me to use an example to explain subrogation: You are hurt in an accident. You go to the emergency room, are admitted to the hospital for several weeks and then have a few months of follow-up appointments and physical therapy.   After deductibles and co-pays, your health insurance company pays all of your medical bills. After you recover from the accident, you settle your injury case with the at-fault party’s insurance company. Using the money you got from your settlement, you buy your first home. Several months later, you get a letter from your medical insurance carrier demanding to be paid back for the medical bills they paid on your behalf after the accident.   You no longer have the cash because you bought a home, but they are threatening to sue you.

Can they do that? What about if you are on Medicare or Tenncare? Isn’t that why you paid the premiums for your medical insurance? If they sue me, could they take my house or garnish my wages?   What if I never tell them about my accident? Continue reading


Not surprisingly, every accident victim whose case goes to trial wants to know the answer to this question. Of course, victory at trial depends upon a number of factors including the facts of your case, your lawyer, the opposing lawyer, the judge, the jury pool, etc.   Below we will examine each of these in a little more detail and how you can help your case: Continue reading

This week, the International Society of Barristers (ISOB) inducted John Day as a fellow.  The ISOB is dedicated to preservation of the adversary system, the right to jury trial and an independent judiciary.  Membership is by invitation only and includes a rigorous screening process involving both judges and fellow lawyers.  The ISOB extends membership to those lawyers “of exceptional talent, whose qualities including integrity, honor and collegiality embody the spirit of the true professional”.  Of course, those of us at The Law Offices of John Day, P.C. have always known that John possesses these traits but we are certainly pleased that the prestigious ISOB has recognized it as well.  Congratulations, John!

Virtually all, if not all, Tennessee personal injury and wrongful death lawyers will work on a contingent fee – which means the lawyer receives a percentage of the total recovery for the client in the case.  If there is no recovery, the lawyer charges no fee whatsoever.

However, not all personal injury lawyers have the same approach on the question of expenses incurred during the preparation and trial of personal injury cases.  Litigation expenses can be relatively small – $100 – $300 in a case involving minor injuries which is settled before a lawyer is filed – to hundreds of thousands of dollars in complex medical malpractice and product liability lawsuits.

Here are the common approaches to the issue of case expenses in personal injury and wrongful death cases in Nashville and throughout Tennessee: