Tennessee Injury Law Center

July 15, 2010

Do I Have the Right to File a Wrongful Death Lawsuit?

My brother was killed in a motorcycle accident. He was not married and has no children. Our father is alive, but my mother is not. Our father simply doesn’t have the emotional strength to file a lawsuit over the death of his son, but we cannot let my brother’s death go without holding the truck driver who killed him responsible. Do I have a right to file a wrongful death lawsuit for the death of my brother?

Only if you are named the executor in your brother’s will or are appointed the administrator of his estate by the court.

Generally speaking, these are the rules for who may file a wrongful death lawsuit in Tennessee:

July 14, 2010

Should My Lawyer Have Malpractice Coverage?

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

I need to hire a personal injury lawyer. Should I ask if the lawyer has malpractice coverage or can I assume that the lawyer has the coverage because it is required by law to have it?

Believe it or not, there is nothing in the law that requires lawyers to have malpractice insurance coverage. Any lawyer can make a mistake, and he or she should have malpractice insurance to protect a client from harmed by the mistake. Feel free to ask the lawyer you are thinking about hiring whether he or she has malpractice insurance coverage and ask them to confirm their answer in writing. If they don’t have it, hire a different lawyer.

Why would a law firm not have malpractice coverage? There are only two reasons. First, they cannot buy it. It is difficult to purchase malpractice insurance coverage if you handle class action and other specialized types of cases. Second, the lawyer is trying to save money. Malpractice insurance coverage is expensive and there are some lawyers who simply will not spend the money to protect their clients from an error.

July 13, 2010

Is It Important That My Lawyer Claims to Be a Member of the Bar Association?

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

I have a personal injury case. I am trying to find a lawyer. Lots of lawyers say that they are members of the Tennessee Bar Association or the American Bar Association. What does that 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.

July 12, 2010

My Neighbor Beat Me Up

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

My neighbor got upset with me because I complained to the police about her loud music. She came over, started arguing, and beat me up with baseball bat. The police have arrested her and charged her with aggravated assault. I suffered two broken fingers, a broken arm and have incurred thousands of dollars in medical bills. Can I sue her?

Yes. Your lawsuit is for the tort of "battery." You can seek damages for medical bills, lost of earnings and earning capacity, pain, suffering, loss of enjoyment of life, disability and disfigurement. Because the acts of your neighbor were intentional, you can also seek punitive damages.

The problem in this type of case is recovering damages. Winning a case is one thing, but actually being able to collect money is quite another. Most people who go around hitting people with baseball bats don’t have any money to pay for the harm they cause.

July 9, 2010

How Long Does a Victim of Sexual Abuse Have to File a Lawsuit Against the Abuser?

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

I live in Tennessee. I was sexually abused by a neighbor when I was 15. I am 17 now. Can I still sue him?

Yes. Tennessee law requires that you file suit before your 19th birthday. The failure to file suit by your 19th birthday will result in a loss of your rights.

People sexually abused in Tennessee when they are adults have only one year from the date of the incident to file suit, but special rules apply if the person who was the abuser was a "therapist" within the meaning of T.C.A. Sec. 29-26-203. If you think you have been abused by a therapist (or anyone else for that matter), contact an experienced personal injury lawyer as soon as possible. Make sure you discuss this with your parents as soon as possible if you have not already done so.

July 8, 2010

Must All Jurors Agree to a Verdict in Tennessee?

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

My car wreck case is coming to trial soon. A jury of twelve people will decide my case. Must they all agree on the result?

Yes, unless the lawyers agree otherwise, all 12 jurors must reach an agreement on the result in the case.

In some states, the law permits jurors to reach a result based on the votes of a "super majority" of the jurors. For example, some states allow 9 jurors to agree or 10 to agree on one result and the other 3 or 2 jurors can reach a different result. That is not true in Tennessee.

July 7, 2010

What Questions Can I Be Asked in A Lawsuit?

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

I was hurt in a truck wreck. I could not get the case settled and I filed a lawsuit. Now the trucking company is asking me all sorts of personal questions. Can they do that?

Yes, within limits. A person who is sued has the right to ask you information about your claim and also questions reasonably designed to find evidence that might be admissible at trial. Thus, if you allege that you hurt your back in a lawsuit, they have the right to know if you ever hurt your back before and, if so, how you were hurt and what medical treatment you received.

If you claim you lost wage as a result of the accident the company has a right to know how much money you make and see documentation of your wage loss.

July 6, 2010

How is Pain and Suffering Valued?

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

How does a jury determine how much money to give for pain and suffering in a personal injury case?

The jury listens to the evidence and the law as explained by the judge and determines what they believe is a fair amount. There is no formula for determining how much money should be awarded for pain and suffering.

The law simply tells the jurors to use their best judgment to determine how much money to give for pain and suffering. The lawyer for the injured person attempts to help the jury understand the nature and extent of the pain and suffering experienced by his or her client, and the lawyer for the defendant (the person sued) attempts to explain the that pain and suffering was either not real, was not as serious as person said it was, or that the injury is not permanent.

July 5, 2010

Do I Have to Pay Taxes on My Personal Injury Settlement?

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

I received a broken leg in a motorcycle crash and received a settlement from the other driver’s insurance company. Do I have to pay federal income taxes on the money I received?

Not under current federal income tax law. There are certain types of lawsuits that give rise to the duty to report the settlement as income and pay taxes on that income, but those rules do not include monies paid in personal injury cases such as the one you describe.

Tax laws change from time to time. Thus, in the event you receive money in a personal injury case, you should ask your tax advisor if the money you received in the settlement is taxable.

July 5, 2010

Liability for Injuries Caused by Fireworks

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

My neighbor was playing with fireworks this weekend. One of the fireworks shot into my yard and hit me right in the face. I was burned and I injured my left eye. I immediately went to the emergency room and am seeking additional medical treatment. What are my rights?

Some cities in Tennessee prohibit the use of fireworks. If you live in a city that prohibits fireworks your neighbor violated the law and you will have a very strong claim against him.

Even if the law does not prohibit the use of fireworks, your neighbor had the duty to exercise reasonable care while playing with the fireworks so as not to cause injury to anyone else. The strength of your case depends on exact facts.