Articles Posted in Litigation Process

I was in a car accident in Murfreesboro and hired a personal injury lawyer to help me resolve my case. She warned me to be careful about Facebook and Twitter.  Why? 

When you get involved in a personal injury lawsuit after a car wreck, the other driver’s  insurance company and its lawyers will investigate you and determine whether there is any information in your background that can be used to destroy your claim or reduce its value.  It is not uncommon for the insurance company to look at Facebook and Twitter to determine was you wrote about your accident, your injuries and your post-wreck activities.   Likewise, the insurance company will be looking to see what your friends wrote about these matters.

The insurance company will also be looking for pictures of you that can be used to say that you do not have the injuries you claim or that your injuries are not as serious as you claim.

What is the number of personal injury and wrongful death cases that are filed every year in Tennessee state courts?

For the year ended June 30, 2010 (the most recent year for which statistics are available) these were 10,469 tort cases filed.  (Tort case include all types of personal injury and wrongful death cases, including medical malpractice cases).  Included in that total are 324 medical malpractice cases.

There were 263 tort cases tried to a jury in the year ended June 30, 2010, Thirty (30) of those trials were medical malpractice trials.

I have a car wreck case and my lawyer says that the insurance company wants to take my deposition. Do I have to do it?  the idea makes me very nervous.

A deposition is testimony given by a plaintiff, a defendant or witness in a lawsuit before the case actually goes to trial. The person giving the statement is called the deponent. At the beginning of the deposition the deponent is asked to swear or affirm that the statement will be truthful.   The deposition is taken by a lawyer asking questions of the deponent.   Usually, the lawyer for the plaintiff will take the deposition of the defendant and the lawyer for the defendant will take the deposition of the plaintiff.   Either lawyer may take the deposition of other people who have knowledge about facts important in the case.

You can’t be forced to give a deposition, but the judge can dismiss your case if you are asked to do so and you refuse.  By filing a lawsuit you have to comply with the rules of procedure in our court system and there are consequences for failing or refusing to follow those rules.

I was on a jury recently.  One lawyer made some objections to questions asked by the other lawyer and the judge told the witness not to answer the questions.  Why did the judge do that?

Judges rule on objections made by lawyers and apply the rules the evidence.  The rules of evidence prohibit some types of information from being heard by a jury.  These rules are developed to make a trial as fair as possible, consistent with certain public policy considerations.

For instance, a jury will rarely be permitted to hear about settlement negotiations between the parties to a lawsuit.  The reason for this rule is that the law wants to encourage people to discuss settlement without having that be used against them later in a trial.  If the law of evidence permitted a jury to learn about settlement negotiations people would be less likely to discuss settlements.  This would mean more trials, more costs, and more delays in our system.

My lawyer told me that he was going to have to spend a bunch of money to prepare exhibits at trial.  Why is that necessary?

Exhibits are necessary to communicate your case to a jury.  Many things can be communicated by oral testimony, but other matters are best communicated by documents, charts, models, computer generated re-enactments, etc.

Some exhibits – such as computer simulations – can be very expensive.  Other exhibits cost virtually nothing, such as pieces of paper enlarged via video camera on a screen.  

 I am a plaintiff in a Tennessee car wreck case.   I have been told I have to give a deposition.  I am very nervous about it.  Are there any general rules about such things?

Your lawyer will spend several hours preparing you for your deposition.  He or she will thoroughly explain the deposition process and will give you a solid understanding of what is expected of you.

Every lawyer has specific advice for his or her clients about depositions.  These tips were written by the author of the Pennsylvania Law Monitor:

What do attorneys charge for representing a worker in a worker’s compensation injury case in Tennessee?

The typical charge is 20% of the recovery.  The amount of the fee is subject to court approval.

In addition, most lawyers ask to be reimbursed for the expenses they incurred in prosecuting the case.  This includes money paid to court reporters for depositions, fees to doctors, and other expenses.  

I was in a car wreck and have filed a lawsuit.  I hurt my back.  Now the jerk that hit me and his insurance company want to have me examined by a doctor that they hire.  Can they do that?

If your medical well being is in question in a case the opposing party may request that you undergo a medical evaluation by a doctor of their choosing.   That doctor will offer his or her opinion about the nature and extent of your injuries and the impact of those injuries on your later life. That doctor may disagree with your doctor’s opinion as to the nature and extent of your injuries, and the jury will hear from both doctors at trial.  

Under certain occasions, the court may refuse to permit a defense medical examination.  An experienced personal injury lawyer is likely to know the circumstances under which a court will refuse a medical examination or prohibit a certain doctor from conducting the exam.