Articles Posted in Litigation Process

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At the Law Offices of John Day, 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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Last week, John and I were in Arizona for a meeting of the American College of Trial Lawyers.  We were fortunate to get to hear a number of great speakers including FBI Director Christopher Wray who left us all assured the Bureau was in good hands, and Professor Goodwin who opened our eyes to the collateral damage of the so-called War on Drugs.  But the two speakers we enjoyed most were: John Q. Barrett, the author of Justice Robert H. Jackson, Trial Lawyer at Nuremburg and Jason Schechterle, a retired Arizona police officer who was horribly burned from an on-duty accident but displayed a resilience and optimism that few can imagine let alone embrace.  While these two speakers and their topics were incredibly different, both had a similar underlying message: the work that trial lawyers do is incredibly important   Continue reading

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Government regulations are often scorned and characterized as job killers, expensive and unnecessary. To be sure, there are some odd regulations on the books that deserve some derision  (I am looking at you, T.C.A. 70-4-115, the Road Kill law). But generally, government regulations are a good thing for the public.  For example, government regulations (via the EPA and FDA)  have stopped the pollution of our nation’s water and air and have ensured we have access to safe and uncontaminated food and drugs. Right now, there are several government regulations in the transportation industry that are being rolled back or nixed that would offer substantial protection to the public.  Here are a few: Continue reading

In any line of work, there are always a few that embarrass the rest of the profession whether you are talking about lawyers, plumbers, car salesmen, contractors, teachers, accountants, etc.  Unfortunately, some of the bad apples tend to come out after injury accidents, so here is what you need to know. Continue reading

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Months ago, when I first learned of the solar eclipse, I immediately ordered some solar eclipse goggles.  Even though the goggles were more expensive, I ordered them for a couple of reasons: (1) since they fit snuggly around the head they allegedly fit children better and posed less risk of them being askew and allowing harmful rays into the eye; (2) because they were snug against your face, less ambient light came in from the side making your viewing of the solar eclipse more crisp and sharp; (3) unlike the paper glasses, I figured I could use them as part of a Halloween costume later on for our daughter; (4) and, I am not going to lie, I wanted to get a picture of John Day wearing a pair of black out goggles.   Continue reading

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By now you have probably seen the video of the driver of a Volvo (Mr. Neely) hitting a bicyclist (Tyler Noe) on the Natchez Trace Parkway.  If you have not, just Google “bicycle accident and Natchez trace” and you will find lots of sites with video of the accident.  In short, Mr. Noe was hit by a black Volvo hits that simply keeps going after the very scary impact.  Mr. Neely, the driver of the black Volvo, has since been charged with felony reckless endangerment, leaving the scene of an accident, failure to immediately notify of an accident and failure to render aid.  As a firm that has handled a lot of accidents involving bicyclists, cars, trucks, motorcycles, etc., this case helps demonstrate 4 important points about injury accidents. Continue reading

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The Law Offices of John Day could not be more proud of our very own Brandon Bass.  Brandon was recently recognized by the Tennessee Trial Lawyers Association as “Outstanding Trial Lawyer of the Year”.  This is a tremendous accomplishment and one that Brandon richly deserves for his work on behalf of injury victims and their families.  Brandon (along with John Day, Joy Day, Laura Baker and Liz Sitzgreaves) was also recently named a Mid-South Super Lawyer again this year.  Only 5% of the lawyers in the Mid-South receive this recognition.

And while we love receiving these types of awards, we know that awards are not the true measure of our success.  Instead, Brandon would be the first to tell you that the true measure of our success is a fully satisfied client.  A client who has been successfully shepherded through the litigation process.  A client that has had their questions answered and concerns addressed.  A client who receives prompt responses to phone calls and emails.  A client who feels like their lawyer truly understands their situation and sincerely wants to help them.  A client who is so happy with the legal services we provided that they refer a friend or family member who needs help after an accident.  A client who will take the time to write a Google or Facebook review or just send us a nice thank you note or give us a call simply to express their gratitude for our work on their behalf.  A client who speaks highly about their lawyer to others.  And of course, a client who receives the compensation their case deserves.

This is the type of success and recognition we strive for every day.  Of course, the happy irony is that Brandon (and our other lawyer’s) conscientious commitment to our client’s satisfaction is what produces the results that win awards.  Pretty simple really: hard work and talent usually get recognized in the form of awards.  Although awards can help injury victims decide who to hire to help them when they need it, awards are not the only consideration.  There are lots of factors you should keep in mind when deciding which lawyer to help you with your injury case.

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Recently, I have seen two instances of people posing as lawyers and engaging in unscrupulous behavior.  Tennessee Attorney General Herbert Slatery is now involved in one of the cases, and criminal charges are pending against the other.  So what exactly are these posers alleged to have done and what can you do to protect yourself? Continue reading

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Last week, Slate reporter Emma Copley Eisenberg did a piece on the “astronomical price” charged by court reporters for trial transcripts.  Eisenberg was stunned by the “outrageous fees” charged by court reporters when she wanted to investigate a case involving a farmer who had been convicted of a double homicide.  When Eisenberg went to the courthouse to obtain a copy of the criminal trial transcript, she learned it would cost her $2400.00 to obtain a copy of the transcript. (Notably, it cost the farmer nearly $7,000 for the original transcript.)  Eisenberg got a quick lesson on something trial lawyers have long known: litigation is expensive.  Why is that?
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As the New Year approaches, many start to think about improvements they want to make in their lives for 2017.   At the Law Offices of John Day, our work involves helping people who have been injured in accidents and, since most accidents are preventable, we thought we would give you some New Year’s resolutions that can help protect you and others. The best part of these resolutions is, for the most part, they are easy and painless to implement (unlike that weight resolution most of us make). Here are our recommendations:

  1. Check your auto insurance and make sure you have uninsured/underinsured motorist coverage. I can’t tell you how often someone calls our office with significant injuries from a car accident who cannot recover any money because the driver who caused the accident did not have insurance and the client did not have uninsured/underinsured motorist coverage. We have written a number of posts about uninsured/underinsured motorist coverage and you can find them here, here, here and here. But, our number one piece of advice to protect yourself would be to purchase uninsured/underinsured motorist coverage with as high of limits as you can afford. You will truly be surprised at how cheap it is and it can mean the difference between receiving compensation for your medical bills, lost wages and injuries and receiving nothing.
  2. Wear your seatbelt. They save lives. Period.