Articles Posted in Litigation Process

I was badly hurt in a personal injury case about ten years ago.  As part of the settlement I received an annuity that pays me $4000 per month for the rest of my life (I am 40) or at least for another 25 years..   I have found myself in some financial trouble and I need some money now.  I have been told that I can sell the annuity and get cash. Should I do that?

You almost certainly should not do that and, before you do, you should seek the advice of a financial counselor who can guide you through your decision-making process. 

I have no respect for the companies that purchase structured settlements.  The price paid for them is ridiculously low – often 40 cents on the dollar or even less.    Your structured settlement will pay you a over $1,000,000 in the next 25 years – tax fee – and if you live a normal life expectancy you will receive another $500,000 or even more.    You should not throw that away for pennies on the dollar and then take on the burden of investing what you receive.

I just won a personal injury case at trial.  What happens next? 

If either the plaintiff or defendant does not agree with the jury’s decision, they have thirty days from the date that the signed judgment is filed with the Clerk of Court to ask the judge to change the result. The judge has the power to do five things.

First, the judge can set aside the result of the jury entirely and enter a judgment for the other side. This is called a “judgment notwithstanding the verdict.” The judge will do this only if he or she believes that the no reasonable jury could reach the result it did. This is very rare. A judge’s decision to grant or deny a request for a judgment notwithstanding the verdict may be appealed to the Tennessee Court of Appeals.

Are there deadlines for filing lawsuits in Tennessee?

 Yes.  Statutes of limitation passed by our legislature limit the time to file a lawsuit in all types of cases.  The length of time varies depending on the type of case.  In most instances you have one year from the date of the incident causing injury  or death to bring a lawsuit, although shorter time limitations apply in some types of cases.  

There are other laws known as “statutes of repose” that provide absolute deadlines on filing lawsuits.  This type of law may result in you losing your rights before you know you have suffered an injury.  

I am in a personal injury lawsuit.  The other side has sent a bunch of interrogatories and I do not want to answer them.  It is just too much work and they are asking a lot of questions that are not of their business.  What happens if I don’t answer them?

If you don’t provide answers within the time required by law your opponent can file a motion to compel you to answer.  The judge will give you additional time to answer.

If you don’t answer in the extended time the judge gives you the judge may order sanctions against you.  The judge could even dismiss your lawsuit.

I live in Nashville and just got served with a subpoena to attend a car accident trial in Franklin, Tennessee.  I was a witness to the car wreck but really don’t want to take time off work to go to trial.  Do I have to go? 

Yes, unless you can work something out with the lawyers involved in the case and the court.  A subpoena is a court order that must be obeyed.  The court in Franklin has the power to order you to come from Nashville attend a trial.

Call the lawyer who had the subpoena issued and ask if you can be released from the obligation to attend.  If not, ask if you can show up at a particular date and time and not just be present on the first morning of trial and then have to wait until you are called as a witness.  Most lawyers will be happy to accommodate your schedule if it is at all possible to do so.

I have a tractor-trailer wreck case that goes to trial in about six weeks.  I am afraid that the jury will learn that I served two years in prison on a burglary charge about 15 years ago.  I feel like I paid my debt to society and I don’t want my mistake of many years ago held against me now.  Will the jury be told about my crime?

No, assuming that you told the truth about it in this litigation any time you were asked about it.

During the discovery process it is  common to ask  an opponent about past criminal charges and convictions.  These questions must be answered truthfully.  Proof of a prior felony conviction ordinarily  is not admissible at trial in Tennessee if the conviction is more than ten years old., but it is permissible to ask about "old" convictions and charges during the discovery phase of the case.

I have heard about a movie called "Hot Coffee" and that it discusses that crazy case where the woman spilled coffee on herself and got a bunch of money from McDonald’s.  Who made a movie about that? 

Susan Saladoff did.  Susan is a lawyer from Oregon who felt inspired to tell the real story about what happened to Stella Liebeck, the Albuquerque woman who spilled coffee on herself and sued McDonald’s, while exploring how and why the case garnered so much media attention, who funded the effort and to what end. 

Susan explains that 

I was in court recently and the judge asked a man he called the "bailiff" to hand a witness a piece of paper.  What is a bailiff?

A bailiff is a court employee who provides security for the judge and helps the judge maintain order in the courtroom.  He or she also may hand papers from a lawyer to a witness or from a witness to the jury.

The bailiff is also the person usually entrusted with the job of escorting the jury from the courtroom to the jury deliberation room and for passing questions from the jury to the judge.