Litigation Process

April 16, 2010

Lawyer Advancing Money to Client – Is it Ethicial?

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?

April 9, 2010

Understanding What Happens At The Trial Of A Personal Injury Or Wrongful Death Case

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

This Legal Guide will explain the various steps that take place during the trial of a personal injury or wrongful death lawsuit in Tennessee.

1. Jury Selection

Most of the trials in personal injury and wrongful death cases in state court in Tennessee are jury trials. The jury panel consists of thirty to sixty residents of the county where the trial is taking place.

April 9, 2010

Understanding The Steps in the Litigation Process

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

1. Is there a deadline to file a lawsuit?

Answer: 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 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. Given the many factors that must be considered in determining your specific deadline to file a lawsuit, the best course of action if you believe you have a potential legal action is to contact a lawyer immediately. Our firm will meet with you at no charge to help you determine if you have a claim and help you understand what deadline for taking action actually applies in your case.

2. How do you initiate a lawsuit?

April 9, 2010

What Are My Obligations As A Client?

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

The lawyer / client relationship is a special one and, just like the lawyer has certain obligations to the client, the client must do certain things to assist the lawyer in the representation. We expect the following of our clients:

You have an obligation to tell your lawyer the truth.
You have an obligation to tell your lawyer the truth even if you think it will hurt your case or the truth embarrasses you.

April 9, 2010

Understanding Attorney’s Fees And Expenses In Personal Injury And Wrongful Death Cases in Tennessee

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

1. Do I have to pay a consultation fee to meet with a lawyer about my personal injury or wrongful death case?

Answer: At The Law Offices of John Day, P.C., we never charge a consultation fee to a potential client who consults with us about a personal injury or wrongful death case. This is true for virtually every lawyer who regularly does personal injury or wrongful death cases, although it would always be wise to ask about the need to pay a consultation fee before meeting with any lawyer about any type of legal matter.

2. How do lawyers charge in personal injury and wrongful death cases?

April 9, 2010

About the Law Offices of John Day’s Legal Consumer Guide Series

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

The lawyers at The Law Offices of John Day, P.C. have prepared several legal guides to provide you with general information about the work we do and the legal system. We believe that it is important that everyone, not just our clients, have an understanding of personal injury and wrongful death law and the way our civil justice system operates.

We add, of course, that none of these guides are a substitute for advice given by a competent lawyer who has been made aware of all of the relevant facts of a given situation. Therefore, while you can read these guides to learn general information, do not rely on them as legal advice for any particular legal problem. This is particularly true when we discuss the deadlines for filing lawsuits (statutes of limitation). These rules can be extremely complicated, and you would be making a big mistake to make any decision on when a legal deadline actually ran in a case based on the general statements in these legal guides.

We will be happy to meet with you and discuss representation of you for any type of personal injury or wrongful death case. To arrange an in-person or telephone meeting, send me an email at jday@johndaylegal.com. However, if you are currently represented by a different law firm, please know that we cannot answer questions about your case. The legal ethics rules provide that one lawyer cannot give advice to another lawyer’s client without the knowledge and consent of the current lawyer. We honor this rule.

April 9, 2010

Case Expenses in Personal Injury Litigation

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

I was hurt in a car accident. I talked to a lawyer and he sent me a proposed contingency fee agreement. The agreement says that I have to pay the expenses he incurs in prosecuting my case and that interest accrues on the expense money. Is this normal?

It is normal for a lawyer handling a contingency fee case to ask the client to re-pay the lawyer for the money spent on case expenses out of any settlement achieved in the case. It is not normal, however, for lawyers to charge interest on the expense money they advance for case expenses, although it seems like more and more lawyers are charging interest.

The lawyers who charge interest may have a contract with a private company that charges them interest, and then they pass the interest that they pay while the case is pending onto you as their client. The interest rate may be very high – much higher than the “prime rate.” The lawyer does not profit from this, but simply passes the cost of the interest on to you.

April 2, 2010

Physical Therapy: Should I Stop Going?

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

I got hurt in an accident and my doctor said I should go to physical therapy. The therapist is 20 miles away and it is very inconvenient to go to therapy. Plus, it doesn’t seem to do any good. Will it hurt my case if I just stop going?

First, let me suggest you set the thoughts about your legal case aside for a moment. Your doctor prescribed physical therapy because he or she thought it would help you. It might not. But it might. And the progress you see might be small. But you still need to go to physical therapy because you want to do what you can to reach a full recovery.

Going to physical therapy may not help your case, but not going as the doctor asked you to do could hurt your case. Insurance adjusters and jurors may conclude that you may not have been having the problems you say you were having (or are having) if you failed to follow your doctor’s advice. If you have to go before a jury in your case the jury will be told that it is your responsibility to minimize your damages.