Litigation Process

May 19, 2010

Will My Stupid Mistake Many Years Ago Hurt My Case?

I was arrested for underage drinking when I was in high school 10 years ago. I was put on probation for a year. Now I got hurt in an car accident and the other driver’s lawyer wants to know if I have ever been arrested. Do I have to tell the truth about it – it happened so long ago? Is it going to come out in court that I was arrested?

Don’t worry about it. In a lawsuit your opponent gets to ask you questions about your background. The area of questions that can be asked during the "discovery" period in a lawsuit is very broad, much broader than questions that will be permitted in court at trial. So, your opponent can ask about prior arrests and you should tell the truth about what happened.

Will it come out in court? It almost certainly will not if you tell the truth about what happened. If you lie and your opponent finds out about it, what happened will probably come out in court, not because of what happened 10 years ago but the fact that you lied about it when asked in the lawsuit.

May 18, 2010

My Case Has Settled? Now What?

by The Law Offices of John Day, P.C.

My personal injury case just settled and I have $45,000 after paying my medical bills and my lawyers. I have never had this much money in my life. What do I do with it?

You are not seeking legal advice here – this is financial advice. However, many of our clients have asked this question over the years and I will share some general thoughts.

First, you should set aside some money for what many people call an “emergency fund.” The emergency fund should be three or, even better, six months of the money that you need to operate your household. It should be kept in a savings account or a money market account and should only be used for emergencies – an unexpected car repair or medical bill or to meet normal expenses if you lose your job. You will gain an unbelievable peace of mind by having this amount of money in the bank.

May 10, 2010

The Lawsuit Explosion

by The Law Offices of John Day, P.C.

It seems like everybody is suing everybody. How many personal injury and wrongful death lawsuits are filed in circuit court every year in Tennessee?

Believe it or not, the number of lawsuits for personal injury cases and wrongful death cases in Tennessee is staying about the same, despite the increases in population.

There were 10,659 such cases filed in circuit and chancery court in Tennessee for the fiscal year ending June 30, 2009. In the previous year there were 11,171, so filings were down about 5%. The year before (ending June 30, 2007) the total number of filings were 10,165.

May 7, 2010

What Are Interrogatories?

by The Law Offices of John Day, P.C.

I am in a lawsuit and just got sent interrogatories. What are they?

Interrogatories are written questions that one person in a lawsuit sends to another person in a lawsuit. The party that receives the interrogatories must answer them in a certain period of time, unusually thirty days.

Your lawyer will guide you through answering the interrogatories. It is very important that you tell the complete truth when you answer the questions. The failure to tell the truth will have an adverse impact on your case.

May 5, 2010

Should I Get a Second Opinion?

by The Law Offices of John Day, P.C.

I have a personal injury case and I don’t think my doctor is listening to me. Should I get a second opinion?

Talk to your lawyer before you get a second opinion. An experienced lawyer will have some knowledge of the doctor’s reputation and, after looking at the medical records, have a good idea whether the doctor is doing what he or she can to help you. Sometimes, there is nothing a doctor can do to help, and changing doctors only complicates your case.

That being said, both you and your lawyer want you to reach as full of recovery as you can. You may need to consult with another doctor to either reach that recovery or to have confidence that everything is being done for you that can be done, However, it is best to consult with your lawyer before seeking a second opinion.

April 27, 2010

What Happens in a Personal Injury Trial?

by The Law Offices of John Day, P.C.

I have a lawsuit pending and a jury trial is scheduled for this summer. I am nervous about it because I have never been in the courthouse before, much less sat in a trial. What is going to happen?

We are written a Legal Guide that addresses that very issue. "Understanding What Happens at Personal Injury or Wrongful Death Trial" will give you a step-by-step explanation of every aspect of a civil jury trial.

We hope this Guide gives you some peace of mind as you approach the date of your trial. There is little doubt that going through a trial creates stress, but that stress should be reduced by the explanation of the process as set forth in our Guide.

April 19, 2010

Borrowing Money From Companies That Specialize in Litigation Financing While a Lawsuit is Pending

by The Law Offices of John Day, P.C.

I have a personal injury case and I am broke. There are companies that advertise on TV that say they will loan me money and let me pay them back out of the settlement I will get in my personal injury case. Should I take their money?

No. The interest rate these companies charge is obscene. You should do everything you can to stay away from these companies.

How do you keep body and soul together as your case proceeds? First, if you suffer an injury that results in loss of income or significant medical expenses you should immediately start cutting back on non-essential expenses in your lifestyle. You need to do what you can to limit expenditures to essentials – shelter, utilities, food, clothing and medical care.

April 16, 2010

Lawyer Advancing Money to Client – Is it Ethicial?

by The Law Offices of John Day, P.C.

I am sure my case is going to settle soon. Can my lawyer lend me money toward the settlement I know I am going to receive?

No. In Tennessee it is unethical for a lawyer to loan you money while he or she is representing you in a case. Rumor has it that some lawyers will promise potential clients that they will help them with living expenses and that some lawyers actually do it. Indeed, some people say that some lawyers will offer money to clients in an effort to get hired by the clients. However, this is wrong, and a lawyer who promises to do so or actually does so should be reported to the Tennessee Board of Professional Responsibility at 800.486.5714.

April 9, 2010

Understanding Product Liability Claims In Tennessee

by The Law Offices of John Day, P.C.

1. What is a products liability claim?

Answer: A products liability lawsuit is a claim that a person was injured or died due to a problem with a product. A “product” can be almost anything that can be manufactured, including cars and planes, medication, consumer goods like lighters and lawnmowers, and industrial machinery.

In a products liability lawsuit, the manufacturer of the product can be held liable for the problem with the product that caused an injury or death. Manufacturers include designers and makers of products, as well as those who design or make parts of products (such as the maker of an axle to be used in an automobile).

April 9, 2010

Understanding Medical Malpractice Cases in Tennessee

by The Law Offices of John Day, P.C.

1. What is a medical malpractice case?

Answer: Cases for injuries caused by a medical provider during the course of providing medical treatment are called medical malpractice cases. There are many different fact situations which can form the basis of a claim. The injury may be the result of something the medical provider did such as performing surgery on the wrong arm or leg. Or the injury may be caused by the medical provider’s failure to provide appropriate medical care or make a timely diagnosis. Medical malpractice claims may include claims against doctors, nurses, hospitals, nursing homes, pharmacies, home health agencies, and other types of health providers.

2. What is the deadline for filing a medical malpractice case in Tennessee?