Articles Posted in Litigation Process

I am in a car wreck case.  My lawyer says that we need to hire an accident reconstructionist.  What will that cost?

First, most lawyers in personal injury and wrongful death cases will advance the expenses associated with the case, including the cost of hiring expert witnesses.   Usually, those expenses are re-paid by the client after the successful prosecution of the case out of the settlement monies.

Second, the cost of an expert accident reconstructionist can vary substantially, from $100 per hour to $400 or even $500 per hour.  These experts usually charge for travel time.   The expert I frequently use charges about $3000 for the initial work-up at the scene of the accident, and additional monies for what must be done at the office.

I had to testify in court recently and there was someone there typing in a little machine, apparently writing everything down.  My lawyer says that he was a court reporter.  That looks like a fun job.  What else do they do?

In Tennessee court reporters record and prepare transcripts of depositions, hearings and trials.  Unlike some states, court reporters in civil cases are hired by the people involved in the litigation, and are not employees of the State of Tennessee or any local government.  

Court reporters also may record and prepare transcripts for witness statements, corporate meetings, and other gatherings of people.

I was hurt in a truck wreck and my case is coming to trial.  My lawyer says that my doctor will not come to court to testify about her treatment of me.  I think she would make a good witness and I want her there.  Can’t she be subpoenaed to trial?

Not in Tennessee.  Tennessee has a special law that provides that doctors, psychologists, lawyers, and certain other people do not have to obey a subpoena to trial unless the judge specially orders them to court.  People who are exempt from subpoena often give their testimony by a deposition that is read to the jury.  Sometime, the testimony of these witnesses will be videoed and the video will be shown to the jury.

Why does this law exist?   The Legislature determined that the professional schedules of these people made it very difficult for them to go to court and testify in person.  It is difficult to predict exactly when a witness at trial, and having a doctor sit and wait for the opportunity to testify may cost as much as $1000 per hour.   Thus, this law saves litigants money as well as permitting the professionals covered under the law to avoid testimony in court.

My car wreck case is coming to trial soon.  A jury of twelve people will decide my case.  Must they all agree on the result?

Yes, unless the lawyers agree otherwise, all 12 jurors must reach an agreement on the result in the case.

In some states, the law permits jurors to reach a result based on the votes of a "super majority" of the jurors.  For example, some states allow 9 jurors to agree or 10 to agree on one result and the other 3 or 2 jurors can reach a different result.   That is not true in Tennessee.