Litigation Process

March 12, 2014

Social Media and Litigation: Three Things You Should Not Do

Almost everyone who is reading this has some connection to social media. If you are not on Facebook, Twitter, Vine, Instagram or other social media, I would be wiling to bet your kids, spouse, girlfriend, grandkids, boyfriend or someone else close to you is using social media. And if you are involved in litigation, here are some things you should know about the use of social media.

1. What you post or tweet lives on forever even if you delete it. Forensic computer specialists can retrieve it. And if what is posted on social media can be used against you, trust me, it will.

2. Do not assume because your account has private settings that the information you share will not be revealed during litigation. As social media becomes more prevalent, insurance company counsel routinely ask for passwords so that they can access your data to see if any of it is relevant to the litigation. For instance, if you claim you can not work because of your injuries, your opponent would be delighted to find pictures of you having spent your weekend at the lake water-skiing. If you initially refuse to provide your password, the court may order you to do so.

February 14, 2014

Memphis, Shelby County Trial and Verdict Statistics in Personal Injury and Wrongful Death Cases

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

It is Friday and we are covering verdict and trial statistics for the last of the largest four cities in Tennessee — Memphis/Shelby County, the Thirtieth Judicial District.

Last fiscal year, 1,747 new tort cases (lawsuits for personal injury or wrongful death) were filed in Shelby County courts and 1,817 were resolved. Shelby County had more trials than any other county in the State with 76 — 53 jury trials and 23 bench trials. Of those 76 trials, the injured party won 44 of the cases. In the other 32 cases, the injured party did not receive any compensation whatsoever.

In terms of verdicts, the total dollar amount awarded in all 44 trials was $10,891,198.00 for an average award of $247,527.00. The verdicts can be broken down even further: 37 of the trials resulted in verdicts of less than $100,000.00; 5 of the trials resulted in verdicts ranging between $100,000.00 to $999,999.99; and 2 of the trials resulted in verdicts that exceeded One Million Dollars. Obviously, a relatively small number of large verdicts had a significant impact on the average verdict figure.

February 13, 2014

Chattanooga Trial and Verdict Statistics in Personal Injury and Wrongful Death Cases

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

Today, we are looking at trial and verdict information for Chattanooga/Hamilton County, which is the Eleventh Judicial District. The Administrative Office of the Courts’ report reveals 711 tort lawsuits (claims for personal injury or wrongful death) were filed in Chattanooga during the last fiscal year and Chattanooga courts disposed of 693 tort cases. During the last year, 37 cases went to trial in Chattanooga with 21 jury trials and 16 bench or judge trials. Of the 37 cases went that actually went to trial, only 10 resulted in the injured party receiving any money. So in more than 2/3 of the trials, the injured party received nothing.

And in the cases the injured party actually won, the verdict news is similarly bleak. Not a single case resulted in a verdict of $100,000.00 or more. The total dollars awarded for all ten cases was $303,648.00 so the average award in each case was $30.365.00. Of course, we do not know the facts of each one of those cases but we do know this: there is a reason they call it a trial. It is hard, emotionally-draining and exhausting for the parties and their attorneys. And most injured people who go through a trial expect their recovery to be more than that, and it should be if they have serious injuries.

We really can not emphasize enough how important it is for you to select an experienced and well-qualified lawyer. Of course, we hope you hire us and we believe our awards and client testimonials speak for themselves. But even if you do not hire us, use this information sheet to help you find a skilled lawyer who can help maximize your recovery. If you would like to schedule a free and no-obligation consultation, simply fill out this form or call us anytime at 615-742-4880 or toll-free at 866-812-8787. We handle all personal injury and wrongful death cases on a contingency basis so we only get paid if we recover money for you.

February 12, 2014

Knoxville, Tennessee Injury and Wrongful Death Verdict Statistics

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

This week, we are examining trial and case statistics from the Administrative Office of the Court’s yearly report, Annual Report of the Tennessee Judiciary for the Fiscal Year 2012-2013. Today, we take a closer look at Knoxville.

Last year, 938 tort lawsuits (claims for personal injury or wrongful death) were filed in Knox County. 38 cases went to trial — 23 of them were jury trials and 15 were judge or bench trials. Of the 38 case that went to trial, the injured party recovered money in less than half of those trials (18 of 38).

Of the 18 cases that actually went to trial and resulted in a verdict for the injured or deceased party, 14 of those cases had an award in the range of $0 to $99,999.99. Three cases had verdicts in the range of $100,000.00 to $999,999.99 and only one case had a verdict in excess of $1,000,000.00. The average award for verdicts in Knox County, Tennessee was $149,205.00, a number driven significantly upward by the one verdict that was in excess of $1,000,000.

February 11, 2014

Injury and Death Trial and Verdict Statistics for Nashville, Tennessee

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

Last week, we told you that the Administrative Office of the Courts had published the Annual Report of the Tennessee Judiciary for the Fiscal Year 2012-2013. The report provides information on the number of tort filings (lawsuits alleging personal injury or wrongful death), the number of trials and verdict information.

Nashville and Davidson County, Tennessee are in the Twentieth Judicial District. For the year ending June 30, 2013, 1,571 tort cases were filed in the Twentieth Judicial District and 1,441 tort cases were disposed of by either trial, motion, dismissal, etc. Only 66 cases went to trial in Davidson County – 35 were jury trials and 31 were bench or judge trials. Of the 66 cases that went to trial, 43 resulted in a verdict for the injured party. Here is the breakdown of the awards:

· The vast majority of the cases (34 of them) resulted in verdicts that were less than $100,000.00.

February 7, 2014

Statistics on Trial Results in Personal Injury and Medical Malpractice Cases in Tennessee

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

The Administrative Office of the Courts has released the Annual Report of the Tennessee Judiciary for the Fiscal Year 2012-2013. The report provides detailed information on each judicial district in the state. For instance, the report indicates the number of tort cases (claims for personal injury or wrongful death) filed in each district. It also provides information on how quickly cases are being disposed of in each district, the number of jury trials, the number of bench or judge trials, the average jury award, etc.

At The Law Offices of John Day, P.C., we carefully review this report looking for trends in tort cases or in a particular judicial district. Over the next few days, we will be posting summaries from the report about the big four: Nashville, Memphis, Chattanooga and Knoxville. And over the next few weeks, we will be updating our website to reflect the new data for individual judicial districts.

But for today, here are the statewide numbers for the fiscal year 2012-2013:

February 6, 2014

Negligent Hiring and Due Diligence as an Employer

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

In Manhattan this week, jurors are debating whether Matthew Martoma is guilty of insider trading while at SAC Capital Advisors, a prominent hedge-fund. For an injury lawyer, Mr. Martoma’s trial raises an interesting question: what kind of background searches are being performed these days?

I ask this question because Mr. Martoma’s background contains some serious red flags. While attending Harvard Law School, Mr. Martoma forged his transcript in an attempt to get a clerkship with a federal judge. When the fraud was discovered, he was expelled from Harvard. Thereafter, he changed his name — prior to that time, he had been Mr. Ajai Mathew Thomas. Despite being expelled from Harvard, Mr. Thomas aka Mr. Martoma was admitted to Stanford, a highly-competitive school that has its choice of candidates and certainly does not need to take disgraced students out of some type of financial necessity. And after leaving Stanford, Mr. Martoma found his was to SAC Capital Advisors. So one is left to wonder if Stanford or SAC Capital Advisors performed any type of due diligence in researching Mr. Martoma’s background before accepting him as a student or hiring him as an employee.

Failing to perform a background search in some instances can result in liability. For instance, if a daycare hires someone with a history of a sexual abuse and then the employee sexually abuses a child at the daycare, then the daycare could be held liable for the assault under a theory of negligent hiring. By failing to perform due diligence before hiring the employee, the daycare placed a person unsuited for the job in a position where they could inflict harm on a student in their care.

January 19, 2014

Tennessee Injury and Wrongful Death Verdicts in Nashville, Davidson County, Tennessee November 2013

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

There were five jury trials in personal injury and wrongful death cases in Davidson County (Nashville) Tennessee during the month of November 2013.

Two of those cases were slip and fall calls, also known as "premises liability" cases. In one of those cases, the jury returned a verdict for the injured party for $450,000. In another case, the Davidson County jury returned a verdict for the person or company that was sued, finding that the injured party was 75% at fault in causing the accident. Under Tennessee law a finding of 50% or more fault on the part of the injured party means that the injured party can recover no monetary award whatsoever.

Two car accident cases were also tried by the jury and both resulted in a jury award for the injured party. In one case the jury awarded $45,000 and in the other case the jury awarded $198,849. No information is readily available about the injuries in these cases.

December 1, 2013

True Confessions and Six Things That Can Hurt Your Tennessee Injury Case

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

Let me begin with a confession: I married a defense lawyer. Well, a former defense lawyer. She has since left the "dark side" and joined our firm. But before she found the light, she was involved in all types of injury cases for insurance carriers and major corporations. Below is list of some of the things she used to love to uncover in her cases as it typically lowered the amount of compensatory damages her clients would have to pay (and sometimes destroy the case entirely).

1. Plaintiffs (the injury victim who brings the lawsuit) who are inconsistent in their reports of how their injuries affected them. For instance, one injury victim claimed his injuries prevented him from cleaning his house yet records subpoenaed from his health club showed he was consistently able to go to the gym and work out.

2. Plaintiffs who refuse to concede that ANY of their problems have improved since the accident. While there are definite exceptions, most things tend to improve with time. They may never go back to pre-accident status, but they do get better.

August 4, 2013

What Is A Scheduling Order?

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

A scheduling order is a pretrial order that governs the progress of a case as it proceeds toward a trial.

A scheduling order provides deadlines for taking depositions, conducting written discovery, identifying and deposing expert witnesses, filing certain types of motions, and other deadlines appropriate to the case. It may also set a trial date. Rule 16 of the Tennessee Rules of Civil Procedure gives the court a right to impose a scheduling order.

The lawyers for the parties in the case can agree on a scheduling order or the court may impose a scheduling order. In Tennessee, a scheduling order can be changed if a party shows good cause for doing so.