There were only four personal injury jury trials in Nashville (Davidson County) Tennessee in January 2012.
One of the cases was a medical malpractice (health care liability) case. The case resulted in verdict the defendant health care provider.
Another jury trial was a malicious prosecution case. Once again, a jury verdict for the defense was entered.
I have an automobile accident case. My lawyer is often on the phone when I call and my call is forwarded to his paralegal. What do paralegals do?
You didn’t hire a lawyer, you hired a law firm. In our firm a team of people works together to help every client. The paralegal is an important part of the team.
Our law firm’s paralegals are very involved in every case. They help us communicate with clients and do many other important tasks.
The Clerk of the Circuit Courts for Davidson County, Tennessee has released the following statistics for jury trials for 2011:
Despite what one reads in the papers or hears on the news, there are relatively few jury trials. This number has steadily decreased across the entire state for many years.
The general rule in Tennessee is that a personal injury lawsuit for an adult must be filed within one year of the date of an incident causing an injury. The failure to file a lawsuit on time will result in a loss of the right to bring a claim even if the case is otherwise valid
There are several exceptions to that rule, some that shorten the period in which a lawsuit must be filed and other exceptions which lengthen the period for action. For instance, if you are injured by a defective or unreasonably dangerous product you must bring your claim within one year of the date of the injury but also within ten years of the date the product was sold to the first user or consumer.
For example, assume that you were hurt on January 31, 2012 because of a defect in a car that was sold to the first user or consumer on June 30, 2002. Under Tennessee law, you would have only five months to file a lawsuit against the car manufacturer or the manufacturer of the part or parts that were defective.
I was injured in a car wreck and have been out of work for months. Money is very tight. I spoke with a lawyer and he told me he could loan me $1000 a month until my case settles. He also said that I do not have to pay interest. That seems like a good deal to me, but another lawyer I spoke with refused to do it, saying it was not ethical. What’s the story?
The second attorney you spoke with was correct. In Tennessee it is unethical for an attorney to loan you money while he or she is representing you in a case. An attorney who promises to do so or actually does so should be reported to the Tennessee Board of Professional Responsibility at 800.486.5714. This sort of conduct can result in discipline against the attorney, including the loss of his law license.
Why should you care about the ethical failings of an attorney? If the attorney is willing to risk his or her law license to get your case, do you really think you can trust them to represent you with your best interests in mind?
I was in a car accident in Springfield, Tennessee. I was hurt but I am not sure that I want to get involved in a lawsuit because I don’t want to give a deposition. I really don’t understand what a deposition is but my friend said she had to give a deposition and that it was bad. What is a deposition anyway?
A deposition is testimony given by a the person bring a lawsuit (the plaintiff) or the person who was sued (the defendant) or witness in a lawsuit before the case actually goes to trial. The person giving the statement is called the deponent.
A deposition is usually taken in the office of one of the lawyers involved in the case, although I have taken depositions in conference rooms, motel rooms and, one time, a bar.
I am in a lawsuit over a car accident that wasn’t my fault. The insurance company wants to see my old medical records. What does my past medical treatment have to do with my car wreck case involving a broken hip?
Answer: Your medical history is important in any case in which you are claiming to have suffered a physical or psychological injury as a result of someone else’s negligent or intentional act. Your medical history establishes the baseline of your physical or psychological well being before the injury. You can only recover in the lawsuit for the injury caused by the act or omission of the responsible person. You may not recover damages for physical and mental suffering or medical care necessitated by preexisting conditions. When a preexisting condition is made worse you can recover damages for the worsening of the condition. Your medical history will be important to proving this claim.
In your particular case, the insurance company will be looking to see if you had a prior hip problem or other medical problem that affected your overall well-being or your able to work or enjoy recreational activities.
Here are the results from the jury trials in Nashville, Davidson County, Tennessee Circuit Court in October 2011:
– 3 trials, two defense verdicts, one hung jury
– Settled after 6 days of trial
Here is a list of the number of jury trials in personal injury, wrongful death and other tort law trials in Tennessee for the fiscal year ended June 30, 2010 (the most recent year for which data is available):
Davidson County – 34
Montgomery County – 13
Tennessee Injury Law Center