Litigation Process

March 18, 2013

Do I Have to Pay Legal Fees If I Lose My Tennessee Personal Injury Case?

People who are involved in personal injury accidents often have financial issues. Medical bills pile up. Work is missed and wages lost. There is even more than the usual uncertainty about the future, and thus people are reluctant to put any of their savings at risk.

So, one question that I hear almost every week as a Nashville injury attorney is "what happens if the case is lost?" Here is the best answer I can share.

First, our office usually works on a contingent fee in personal injury and wrongful death cases.. So, in the even we are unable to win your case you will no owe us any money whatsoever. (Our fee agreement is in writing, and thus you will have a full understanding of the fee agreement with us and what obligations you have.)

March 3, 2013

Personal Injury and Wrongful Death Lawsuit Statistics for Dickson County, Tennessee

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

The Tennessee Administrative Office of the Courts has released information about Tennessee personal injury and Tennessee wrongful death cases filed and tried in Dickson County, Tennessee for the year ended June 30, 2012.

Here is the data;

Total personal injury and wrongful death cases filed in court: – 52
Total personal injury and wrongful death cases resolved in court – 62
Total number of cases going to trial – 0
Total number of jury trials – 0
Total number of non-jury trials – 0
Total number of cases in which damages were awarded – 0 (NA%)
Total number of cases where damages awarded was between $1 and $99,999 – 0
Total number of cases where damages awarded was between $100,000 and $999,99 – 0
Total number of cases where damages awarded exceeded $1,000,000 – 0
Total damages awarded in all cases – $0
Average damages awarded – $0

There was not a single trial in a personal injury or wrongful death case in Dickson County, Tennessee in the year ended June 30, 2012. Surprised? You shouldn’t be. Dozens of Tennessee counties had no personal injury or wrongful death trials during the same period, and others had one or two trials. Even the second largest county, Davidson, had only 69 trials (47 of them jury trials) that year. Shelby County had only 79 (47 of them jury trials).

March 1, 2013

Statistics for Memphis and Shelby County, Tennessee Personal Injury and Wrongful Death Trials 2011-12

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

The Tennessee Administrative Office of the Courts has released information about Tennessee personal injury and Tennessee wrongful death cases filed in Memphis and Shelby County, Tennessee for the year ended June 30, 2012.

Here is the data;

Total personal injury and wrongful death cases filed in court: – 1768
Total personal injury and wrongful death cases resolved in court – 1958
Total number of cases going to trial – 79
Total number of jury trials – 47
Total number of non-jury trials – 32
Total number of cases in which damages were awarded 50
Total number of cases where damages awarded was between $1 and $99,999 – 35
Total number of cases where damages awarded was between $100,000 and $999,99 – 11
Total number of cases where damages awarded exceeded $1,000,000 – 4
Total damages awarded in all cases – $40,443,910
Average damages awarded – $808,878

These statistics show one of the great flaws of statistics. The total damages awarded figure includes an award of $20,000,000 that was significantly remitted by the trial judge. Thus, the average damages awarded" figure is skewed significantly. Also note that the twenty-nine (29) cases in which the plaintiff received no damages is not included in the "average."

February 28, 2013

Statistics for Knoxville and Knox County, Tennessee Personal Injury and Wrongful Death Cases

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

The Tennessee Administrative Office of the Courts has released information about Tennessee personal injury and Tennessee wrongful death cases filed in Knoxville and Knox County, Tennessee for the year ended June 30, 2012.

Here is the data;

Total personal injury and wrongful death cases filed in court: – 1044
Total personal injury and wrongful death cases resolved in court – 1042
Total number of cases going to trial – 45
Total number of jury trials – 28
Total number of non-jury trials – 17
Total number of cases in which damages were awarded 17 (38%)
Total number of cases where damages awarded was between $1 and $99,999 – 16
Total number of cases where damages awarded was between $100,000 and $999,99 – 0
Total number of cases where damages awarded exceeded $1,000,000 – 1
Total damages awarded in all cases – $1,530,315
Average damages awarded – $90,019

The average success rate for plaintiffs at trial in Tennessee was 38.49% for 2011-12. Thus, the win rate for plaintiffs in Knoville and Knox County was about the same as the statewide-average.

February 26, 2013

Personal Injury and Wrongful Death Lawsuit Statistics for Cookeville and Putnam County, Tennessee

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

The Tennessee Administrative Office of the Courts has released information about Tennessee personal injury and Tennessee wrongful death cases filed in Lebanon and Wilson County, Tennessee for the year ended June 30, 2012.

Here is the data;

Total personal injury and wrongful death cases filed in court: – 126
Total personal injury and wrongful death cases resolved in court – 156
Total number of cases going to trial – 31
Total number of jury trials – 7
Total number of non-jury trials – 24
Total number of cases in which damages were awarded 0 (30%)
Total number of cases where damages awarded was between $1 and $99,999 – 7
Total number of cases where damages awarded was between $100,000 and $999,99 – 0
Total number of cases where damages awarded exceeded $1,000,000 – 2
Total damages awarded in all cases – $21,404,341
Average damages awarded – $2,640,434

The average success rate for plaintiffs at trial in Tennessee was 38.49% for 2011-12. Thus, the win rate for plaintiffs in Cookeville and Putnam County was slightly lower than the statewide-average.

February 22, 2013

Lebanon and Wilson County,Tennessee Personal Injury and Wrongful Death Statistics – 2011-12

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

The Tennessee Administrative Office of the Courts has released information about Tennessee personal injury and Tennessee wrongful death cases filed in Lebanon and Wilson County, Tennessee for the year ended June 30, 2012.

Here is the data;

Total personal injury and wrongful death cases filed in court: – 156
Total personal injury and wrongful death cases resolved in court – 144
Total number of cases going to trial – 4
Total number of jury trials – 2
Total number of non-jury trials – 2
Total number of cases in which damages were awarded 1 (25%)
Total number of cases where damages awarded was between $1 and $99,999 – 0
Total number of cases where damages awarded was between $100,000 and $999,99 – 0
Total number of cases where damages awarded exceeded $1,000,000 – 1
Total damages awarded in all cases – $2,459,878
Average damages awarded – $2,459,878

The average success rate for plaintiffs at trial in Tennessee was 38.49% for 2011-12. Thus, the win rate for plaintiffs in Wilson County was a lower than the statewide-average.

February 21, 2013

Personal Injury Statistics for Sumner County, Tennessee – 2011-12

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

The Tennessee Administrative Office of the Courts has released information about Tennessee personal injury and Tennessee wrongful death cases filed in Hendersonville, Gallatin and the rest of Sumner County, Tennessee for the year ended June 30, 2012.

Here is the data;

Total personal injury and wrongful death cases filed in court: – 220
Total personal injury and wrongful death cases resolved in court – 199
Total number of cases going to trial – 9
Total number of jury trials – 1
Total number of non-jury trials – 8
Total number of cases in which damages were awarded 3 (33.3%)
Total number of cases where damages awarded was between $1 and $99,999 – 1
Total number of cases where damages awarded was between $100,000 and $999,99 – 2
Total number of cases where damages awarded exceeded $1,000,000 – 0
Total damages awarded in all cases – $532,969
Average damages awarded – $177,656

The average success rate for plaintiffs at trial in Tennessee was 38.49% for 2011-12. Thus, the win rate for plaintiffs in Sumner County was a little lower than the statewide-average.

February 19, 2013

Murfreesboro and Rutherford County, Tennessee Personal Injury and Wrongful Death Statistics – 2011-12

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

The Tennessee Administrative Office of the Courts has released information about Tennessee personal injury and Tennessee wrongful death cases filed in Murfreesboro and Rutherford, Tennessee for the year ended June 30, 2012.

Here is the data;

Total personal injury and wrongful death cases filed in court: – 432
Total personal injury and wrongful death cases resolved in court – 566
Total number of cases going to trial – 23
Total number of jury trials – 9
Total number of non-jury trials – 14
Total number of cases in which damages were awarded 6 (26.0%)
Total number of cases where damages awarded was between $1 and $99,999 – 6
Total number of cases where damages awarded was between $100,000 and $999,99 – 0
Total number of cases where damages awarded exceeded $1,000,000 – 0
Total damages awarded in all cases – $209,662
Average damages awarded – $34,944

The judges in Rutherford County are doing a good job of managing their dockets, as evidenced by the fact that more cases are being resolved than are actually being filed. In the 2010-2011 year, 479 cases were filed but only 436 were resolved. The number of trials also dropped from a year earlier- in 2010-11 there were 20 trials (9 of which were jury trials).

February 18, 2013

Personal Injury and Wrongful Death Lawsuit Statistics for Williamson County, Tennessee – 2011-12

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

The Tennessee Administrative Office of the Courts has released information about Tennessee personal injury and wrongful death cases filed and resolved in Williamson County, Tennessee for the year ended June 30, 2012.

Here is the data;

Total personal injury and wrongful death cases filed in court: – 264
Total personal injury and wrongful death cases resolved in court – 240
Total number of cases going to trial – 3
Total number of jury trials – 3
Total number of non-jury trials – 0
Total number of cases in which damages were awarded 1 (33.3%)
Total number of cases where damages awarded was between $1 and $99,999 – 1
Total number of cases where damages awarded was between $100,000 and $999,999 – 0
Total number of cases where damages awarded exceeded $1,000,000 – 0
Total damages awarded in all cases – $2,000
Average damages awarded – $2,000

Shocked? Can’t believe that there aren’t more cases and more trials in Williamson County, a county of $185,000? These numbers are not that unusual – Nashville and Davidson County have more filings (1382) and more trials (69) but remember that it has more interstate highways and other roads (and thus more traffic and more wrecks) and much more other economic activity that can rise to personal injury and wrongful death claims.

February 17, 2013

Nashville and Davidson County, Tennessee Personal Injury and Wrongful Death Statistics for 2011-12

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

The Tennessee Administrative Office of the Courts has released information about Tennessee personal injury and Tennessee wrongful death cases filed in Nashville, Davidson County, Tennessee for the year ended June 30, 2012.

Here is the data;

Total personal injury and wrongful death cases filed in court: – 1,382
Total personal injury and wrongful death cases resolved in court – 1,455
Total number of cases going to trial – 69
Total number of jury trials – 47
Total number of non-jury trials – 22
Total number of cases in which damages were awarded 35 (50.7%)
Total number of cases where damages awarded was between $1 and $99,999 – 26
Total number of cases where damages awarded was between $100,000 and $999,999 – 6
Total number of cases where damages awarded exceeded $1,000,000 – 3
Total damages awarded in all cases – $9,031,623
Average damages awarded – $258,046

There a couple things of note about these numbers. First, you are probably surprised that there are so few cases actually going to trial – only 69 in a year or less than 6 per month. This is not only true in Nashville but across the state – the number of jury trials (and the number of lawsuits filed) has continued to decline.