Tennessee Injury Law Center

August 23, 2010

What is a Pretrial Conference?

I have a personal injury trial is three weeks. My lawyer says she has to go to a "pretrial conference" next week. What is that? Do I need to be there?

Generally, conferences are held prior to a trial so that the Judge and lawyers can resolve disputes about the admissibility of evidence, the timing of witness testimony, and other logistical matters. Pre-trial conferences can greatly streamline the progression of a trial thereby minimizing the financial cost on the parties, witnesses, jurors and the Court.

You need to ask your lawyer whether you should attend. It is rare that clients attend a pretrial conference, but that is question that you need to address with your lawyer.

August 20, 2010

How Much Do Depositions Cost?

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

My car wreck case has not been settled and now my lawyer says we have to take depositions. What are depositions and what do they cost?

A deposition is testimony given by a plaintiff, a defendant or witness in a lawsuit before the case actually goes to trial. The person giving the statement is called the deponent. At the beginning of the deposition the deponent is asked to swear or affirm that the statement will be truthful. The deposition is taken by a lawyer asking questions of the deponent. Usually, the lawyer for the plaintiff will take the deposition of the defendant and the lawyer for the defendant will take the deposition of the plaintiff. Either lawyer may take the deposition of other people who have knowledge about facts important in the case.

The deposition is recorded and transcribed by a court reporter. The cost of a deposition depends on whether you are buying the "original" or a "copy." The person who takes the deposition buys the "original" and other parties each buy a "copy."

August 19, 2010

What Damages are Available to a College Student Hurt in a Truck Wreck?

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

I am a college student who was run off the road by a tractor trailer. I was badly hurt and had to miss a semester of college. It looks like I will have permanent injuries as a result of the wreck. What damages can I recover?

At the outset, let me remind you that no damages can be recovered unless you can prove that the truck driver negligently caused your injury. The case you describe can be difficult, particularly if there was no impact between your vehicle and the truck and if there are no witnesses to the event. An experienced personal injury lawyer can help you determine the likelihood of success of your case.

Now, back to your question. In a personal injury cases arising from accidents with trucks, you can recover monetary damages for past and future medical bills incurred because of the injuries, past and future physical pain and suffering, past and future mental or emotional pain and suffering, loss of earning capacity, disability, lost capacity for the enjoyment of life, and disfigurement.

August 18, 2010

What Do You Charge To Meet With Me About My Case?

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

I was hit by a tractor trailer and my car was totaled. I spent 4 days in the hospital and it looks like I am going to miss several weeks of work. What do you charge for meeting with me to see if I want to hire you as my lawyer?

There is no charge whatsoever. I have never charged for an initial meeting with potential personal injury clients. I meet with personal injury clients wherever is convenient for them. For example, last week I met with one potential client in Kentucky and another in Sparta, Tennessee.

I understand that people who have been injured have difficulty coming to meet in my office and the financial pressure caused by the injury makes it difficult to afford gasoline for the trip. Thus, I am happy to meet with any potential client at a place and time convenient to them, including nights and weekends.

August 17, 2010

Does Bar Association Membership Mean Anything When Trying to Decide What Lawyer To Hire?

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

The law I am thinking about hiring for my personal injury case advertises in the Yellow Pages that she is a member of the American Bar Association. That sure seems impressive, especially since the ads of other lawyers don’t mention that qualification. What does it mean?

Many lawyers advertise that they are members of the Tennessee Bar Association, the American Bar Association, and / or their local bar association. Mere membership in these organizations tells consumers virtually nothing about a lawyer’s competence – all one needs to join these organizations is a law license and the money to pay the dues.

However, active membership in a bar association tends to indicate that the lawyer is interested in advancement of his or her profession. This is a relevant factor to be weighed by consumers because it indicates a passion for the law. A lawyer who has been active in bar associations will list those activities on his or her website. Those that do not list activities probably have not been active and are probably just dues-paying members.

August 16, 2010

A Doctor Made an Error and I Almost Died!

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

I had a surgery recently. The doctor made an error and I also died. I spent two extra days in the hospital. I am fine now but I want to sue him.

You will have a difficult time finding a lawyer to help you with this case. Even assuming that you can prove your case it appears your damages are minimal – two extra hospital days, related experiences, and the trauma of the event. Medical malpractice cases are very expensive to prepare and are very vigorously defended by doctors and their insurance companies. Thus, most lawyers have been forced to adopt a rather high damages threshold before they will accept any malpractice case.

Of course, you should talk to an experienced medical malpractice lawyer and see if he or she can help you. Remember that in Tennessee you must take appropriate legal action within one year of the date of the event causing you an injury. Failure to take timely action will result in a loss of whatever rights you have.

August 15, 2010

Will My Case Go to Trial?

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

I was hurt when I was swimming and got run over by a jet ski. I have filed a lawsuit but am scared to death about going to trial. Will there be a trial?

Now days, most cases do not go to trial.

These statistics will give you an idea of how many cases are actually tried. In the one-year period ending June 30, 2009, there were about 11,000 lawsuits filed involving all types of personal injury and wrongful death in the state of Tennessee. (Many other cases were settled before a lawsuit was even filed; those numbers are not publicly available.) However, there were only 260 jury trials and 348 non-jury trials in personal injury and wrongful death cases during that same period. These statistics are about the same from year to year, and thus it is fair to say that only about 5% percent of personal injury and wrongful death cases in which lawsuits are filed actually go to trial.

August 15, 2010

Operating a Boat While Intoxicated

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

An idiot in a jet boat hit my jet ski last weekend. I received a broken leg as a result. The TWRA officer said that the driver of the jet boat was going to have to submit to a test to see if he was under the influence of alcohol. Can he be charged with drunk driving a boat?

Yes, if his blood level of alcohol is .08% or more. Under Tennessee law, blood-alcohol content may be taken from all vessel operators involved in an accident where death or serious injury occurred. Failure to consent to testing is a separate offense and may result in suspension of vessel operating privileges for six months.

Conviction for operating a vessel under the influence of alcohol will result in fines of up to $2,500 on the first offense, $2,500 on the second offense and $5,000 for the third offense. A jail sentence of 11 months and 29 days may also be imposed for any conviction and operating privileges may be suspended from one to ten years.

August 13, 2010

Can Police Accident Reports Be Used as Evidence of How the Wreck Occurred at Trial?

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

The police accident report says that I was not at fault in my wreck and that the other driver was at fault. Can I used the police report as evidence at a trial to prove the wreck was not my fault?

Not in Tennessee state court. A rule of evidence specifically excludes police accident reports from the types of public records that can be admitted into evidence at trial to show how an accident occurred.

Why? Because unless the officer actually saw the accident the police report is only the officer’s opinion about what happened. That opinion may be based on solely on whether the officer believes one person or the other and may have little value in determining what actually happened.

August 12, 2010

What is Mediation?

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

I have a personal injury case in Tennessee. The judge has ordered the case to mediation. What does that mean?

Mediation is a process where a person who has no stake in the outcome of the case (the "mediator") helps the parties to the litigation try to resolve their differences. Mediation has increased greatly in Tennessee in the last twenty years.

I had the honor of being appointed by the Tennessee Supreme Court to a commission that drafted the original court rule concerning mediation and other forms of alternative dispute resolution. I served on that commission about twenty years ago.