Tennessee Injury Law Center

September 13, 2010

What is Demonstrative Evidence?

My lawyer said that he needed to spend money on demonstrative evidence to help us win the case. What is demonstrative evidence?

Demonstrative evidence are things that demonstrate or show information to the jury. Demonstrative evidence may be an enlargement of an x-ray showing a fracture in a bone, a metal fixation device removed from a broken bone, a model of the scene of the accident, or a video that depicts a day-in-the-life of someone that suffered a catastrophic injury. Demonstrative evidence also includes computer animations.

Demonstrative evidence tends to educate jurors by allowing them to see or touch something, as opposed to just hearing the spoken word.

September 11, 2010

What is A Structured Settlement?

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

My neighbor mentioned that he settled his personal injury case and received a structured settlement. What is that?

When personal injury and wrongful death cases are settled, money is often paid in a lump sum. In other words, a check is made payable to the claimant and the claimant’s lawyer. The claimant’s lawyer deposits the check in his or her checking account and, when the check has "cleared," the lawyer writes a check to the client. The amount of the check to the client is reduced by attorneys’ fees and expenses, and is often reduced by monies needed to pay off subrogation interests or medical liens.

In a structured settlement, the claimant receives sufficient up-front money to pay attorneys’ fees and expenses, subrogation interests, and liens and some amount of money for the claimant the claimant also receives a contractual right to receive payments in the future. This right is in the form of annuity. Payments can be monthly, quarterly, annually or every 5 years. Indeed, there is virtually no limit to how the annuity can be structured.

September 11, 2010

What Happens If the Person That Hurt Me Dies?

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

I was hurt in a head-on automobile accident. The driver that crossed the centerline and hit me died in the wreck. Do I have legal rights against him even if he is dead?

Yes. Although you can’t sue someone who is dead, you can sue his estate. If an estate is not opened for him, you (through your lawyer) can petition the court to have an estate opened so that you can sue it and collect the monies you are entitled to recover.

The fact that the person who hit you died does not relieve his insurance company of the obligation to defend the case and pay the monies to you that you are entitled to receive under the law (up to the liability insurance policy limits).

September 9, 2010

What Are My Rights When I Was Hurt in a Car Wreck While I Was Working?

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

I was running an errand for my employer last week and was in car wreck. The other driver ran a red light and broad-sided me. My car was totaled and I spent three days in the hospital. What are my rights?

You have two potential claims. First, you have a worker’s compensation claim because you were injured in the course of employment (assuming your employer has five or more employees).

Second, you have a claim against the driver of the other car. This is called a "tort" claim.

September 7, 2010

Should I Pick a Lawyer Based on His or Her Age?

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

I need to hire a lawyer in a personal injury case. Should I take age into consideration? I am worried about hiring a law who lacks experience.

I happen to think that 53 is a perfect age for a personal injury or wrongful death lawyer. In a couple weeks, I will think that 54 is the perfect age.

Seriously, age is a relevant factor, but age can be misleading in several respects. I remember about 25 years ago I was hired in a case and the opposing lawyer was at least 20 years older than I was. He was confident and forceful and attempted to use his age as an advantage. I looked him up in a legal directory and found out that he finished law school two years after I did – he attended law school after finishing another career.

September 3, 2010

I Got Hurt on the Job and Then My Employer Fired Me!

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

I hurt my back at work. I told my boss about it and he told me to go to the doctor. The doctor said I needed to take off work for at least one week. When I told my boss that he got angry and fired me. What are my rights?

First, you still have a right to worker’s compensation benefits (assuming your employer has five or more employees and thus is covered by the worker’s compensation program.)

Second, you may have a claim for retaliatory discharge. An employer cannot fire you for seeking or obtaining the benefits you are entitled to receive under the worker’s compensation law.

September 2, 2010

For-Profit Lawyer Referral Services

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

When I go on the Internet there seems to be lots of websites that will give me a list of lawyers. Are they good places to go to find a lawyer to help me in a personal injury or wrongful death case?

Well, there is nothing particularly wrong with them. However, you need to know that lawyers are constantly solicited by these websites and often pay money to be listed on them. Thus, on many of these sites, the fact that an attorney is listed says very little about the lawyer’s knowledge, experience, reputation or ethics.

There are several notable exceptions. First, the American College of Trial Lawyers is a fine place to start if you are looking for a civil or criminal trial lawyer. This is an invitation-only, highly selective organization that is regarded as the most elite organization of trial lawyers in this country.

September 1, 2010

Should I Give A Statement to the Insurance Company?

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

I was in a car wreck last week. I spent five days in the hospital and am now recovering at home. I am getting a couple calls a day from the insurance adjuster for the driver that hit me. The message he left for me is that he wants to take a statement from me about how the wreck happened. Should I talk to him and give him a statement?

We do not recommend that our clients give a statement to the other driver’s insurance company. There are several exceptions to this general rule, but even then we do not permit our clients to give a statement without adequate preparation for the interview.

We do not prepare our clients by telling them what to say or encouraging them to lie. In fact, just the opposite is true: we encourage our clients to tell the truth about the circumstances giving rise to the wreck, the nature and extent of their injuries, and everything else. Preparation is necessary because insurance adjusters are trained in asking questions, and may ask questions in such a way that the unprepared witness will make mistakes. These statements are almost always tape-recorded and can be used against the person in court.

August 31, 2010

Why Does Medicare Get A Piece of My Settlement?

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

We just reached a settlement of my truck wreck case. Medicare is going to get a check for over $20,000? My lawyer says we have to pay Medicare this money because Medicare paid most of my medical bills. Is that right?

Yes. Medicare has a legal right to be re-paid from the money you receive. Medicare reduces the amount of money it is owed by a pro rata share of the attorneys fees and expenses incurred in obtaining the settlement. Under extraordinary circumstances Medicare will reduce the amount it is owed by an even greater amount..

August 30, 2010

Why is My Past Medical History Important?

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

I was hurt in a car wreck and hurt my back. The insurance adjuster for the other driver wants to know if I ever had any back pain in my life before the wreck. I don’t think this is any of her business. Can the insurance find out this information about my medical history?

No, she cannot, unless you tell her or you sign a medical authorization which gives her the right to look at your medical and pharmacy records.

However, your prior medical history that is related to the injuries you claim in the wreck is relevant in resolving your claim, and if you don’t give the insurance company the right to see your medical records you will have difficulty getting your bills paid and getting the other compensation the law permits you to recover. The insurance company wants to determine whether you had any prior complaint or injury to the same body part. It also wants to see if you have any other medical condition that it can argued contributed to the accident or can otherwise be used to diminish the value of your case.