Tennessee Injury Law Center

September 15, 2010

Do I Need a Tennessee Lawyer?

I live in South Carolina but was injured in a wreck with a big truck on Interstate 40 right outside of Nashville. Do I need a Tennessee lawyer?

You will almost certainly need a Tennessee lawyer. A South Carolina lawyer will probably not be familiar with Tennessee law and will not be able to file a lawsuit here. Quite candidly, an experienced personal injury lawyer from South Carolina would probably be able to negotiate a settlement for you, but once again may be hampered by a lack of knowledge of Tennessee law and procedure that could impact the value received at settlement.

If your hire a South Carolina lawyer he or she will probably ask the assistance of a Tennessee lawyer to help him or her with the case. I have helped lawyers from dozens of states in this situation, and it works quite well if the out-of-state lawyer calls us early enough to protect your rights. Tennessee law requires that such cases be filed within one year of the date of accident and, unfortunately, several times a year I get a call from an out-of-state lawyer who missed the one year deadline.

September 14, 2010

Why Was I Charged $5432 for Court Reporter Fees?

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

I just settled my personal injury case. We were a week away from trial when we settled. When I got my money there was $5432 deducted for court reporter fees. What are they and why did I have to pay it?

The typical fee agreement in personal injury and wrongful death cases requires that the client reimburse the lawyer for out-of-pocket litigation-related expenses. Many times, the most significant of these expenses are fees paid to court reporters.

Court reporters don’t just write down and transcribe testimony in court. They also write down and transcribe the testimony of witnesses and parties during the discovery phase of a lawsuit. There is usually a court reporter at each deposition, and they charge not only for being present but also for writing down and transcribing testimony. In Nashville, a court reporter charges about $2000 for one day of deposition testimony.

September 13, 2010

What is Demonstrative Evidence?

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

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.