Litigation Process

August 28, 2023

Best Lawyers and The Law Offices of John Day

Five lawyers at The Law Offices of John Day have been recognized by Best Lawyers. The categories in which at least one of our five lawyers were recognized were: Personal Injury, Medical Malpractice Litigation, Product Liability Litigation, Bet-the-Company Litigation and Commercial Litigation. What is Best Lawyers and why should you care? Best Lawyers is an organization that only recognizes lawyers who have been nominated and voted on by their professional peers through more than 13 million evaluations across 76 counties. This year, after that laborious process, Best Lawyers recognized and listed 159,987 lawyers. So why is this important? Continue reading

May 23, 2023

Knoxville Manufacturer of Air Bag Inflators Refuses Recall Request

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

The National Traffic Highway Safety Administration (NHTSA) is the federal agency charged with overseeing the safety of vehicles on the country’s roadways. After an eight-year investigation, the Knoxville company, ARC Automotive of Knoxville, Inc., has been told to recall roughly 67 million inflators in the United States because they could explode and hurl shrapnel. According to the NHTSA, two people have been killed and seven have been injured in the United States and Canada. Here is what you need to know and some legal thoughts on this issue. Continue reading

May 4, 2023

Social Media as Evidence at Trial

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

Donald J. Trump is currently the defendant in a civil case involving allegations of sexual assault. Perhaps not surprisingly, he has been tweeting his thoughts about the trial. The judge has warned him about doing so and has also admonished Trump’s lawyer about “having a conversation with [his] client” and the implications of obstruction of justice statutes. After reading the news about this issue, we thought it might be a good time to write about how social media use can affect your case and a trial. There are lots of questions that often come about the intersection of these two issues including: (1) Is social media hearsay? (2) Can social media be used as evidence/ Can social media be used in court? (3) Can lawyers look at social media during a case or at trial? Let’s take each one of these questions separately. Continue reading

January 20, 2023

“We’re Not the Suing Family”

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

Kristen Chenoweth, the Emmy and Tony winning actress, has a new book out, and this week she has been giving interviews to promote it. In the interviews, she has talked at length about the serious injuries she sustained in an accident on the set of the television show “The Good Wife.” Lighting equipment on the set fell and hit her causing a fractured skull, a fractured rib and nose, broken teeth and other long-lasting injuries. Chenoweth’s Dad counseled her to get legal representation. She did not. She now regrets it. Here are some things you should think about if you are hurt in an accident and are reluctant to seek legal representation. Continue reading

January 9, 2023

Some Easy New Year’s Resolutions

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

Well, here we are – the second week of January. How are your New Year’s resolutions going? Or as some people refer to them: casual promises I make to myself but I am under no legal obligation to fulfill. If you are struggling with your resolutions, you are in good company. Twenty-five percent of resolutions fail within the first week and the overwhelming majority fail within the first month. For this reason, every January, we like to give people some resolutions that are easy to keep and can make a huge difference in your life. More good news: these three can be done together! Continue reading

July 13, 2022

I Want a Lawyer and a Sandwich. Oh, and I Want to Update My Facebook Status

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

It is fascinating to see what some people search for on the internet. “I want a lawyer and a sandwich” is commonly searched because of a popular line in the 2011 movie titled Blitz. A sassy criminal suspect delivers the line in response to being placed in police custody. Of course, most internet searches focus on more routine and basic legal issues such as “When do I need a lawyer for a car accident?” and “How do I hire a lawyer with no money?” and “Can anyone be your lawyer?” We have rounded up some of the most common questions and answered them. Read on. Continue reading

June 2, 2022

The Problem with Advice

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

We all give advice. Whether you are a lawyer, teacher, parent, doctor, plumber, etc.., at some point, someone is going to ask for your advice. But here is the thing about the advice you seek: you do not know how good it is until you do the exact opposite.[1]

Why do people not follow advice? Well, some folks do not really want advice. They want permission. They are only asking as a way of confirming what they wanted to do in the first place. The other main reason people do not follow advice is because it is not easy. Having the discipline to do what you know you should do can be hard i.e., exercising, saving for retirement, studying for exams, etc. So, we thought we would give you some important legal advice that is easy to follow and, trust us, you won’t know how good it is unless you don’t follow it. Continue reading

May 17, 2022

How To Win an Accident Case?

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

If you have Googled “How to Win an Accident Case” or “How Much Can I Sue for in an Accident Case” or “How to File an Accident Lawsuit” or anything similar to these types of searches, please proceed with extreme caution. If you were in an accident with very minor, fully resolved injuries (like your neck was a little sore for a couple of days and without any medical intervention it completely improved), you do not need a lawyer. But anything beyond that, you really should, at a minimum, consult an injury lawyer. Now let us tell you why. Continue reading

February 8, 2022

Incredible Advancement for Spinal Cord Injury Victims and Its Impact on Litigation

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

In 2017, Michel Roccati was involved in a motorcycle accident. His spinal cord was completely severed and he was rendered paraplegic. Recently, doctors implanted an electrode in his spine and he is now able to walk again, and not just a few steps with lots of assistance, but a mile with a simple rolling walker. This could be a game-changer for people who suffer paraplegic and quadriplegic injuries in car, motorcycle, truck and other types of accidents. In the meantime, how could this change the lawsuits and recoveries arising from those accidents? Continue reading

June 28, 2021

The Champlain Towers South Collapse – What If It Had Happened in Tennessee?

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

The rising death toll and enormous property loss arising from the collapse of the Champlain Towers South Condominium building near Miami, Florida will give rise to litigation. Families of those who die in the tragedy will file suit, hoping to find answers and obtain compensation for the loss of loved ones. Injured people will also take legal action, seeking money to pay medical bills, replace lost income, and lost property. The insurance companies who sold homeowner’s insurance to the condo owners will also file suit, seeking reimbursement of the losses they will pay to their insureds. Continue reading