Tennessee Injury Law Center

July 22, 2010

Who Receives the Damages in a Tennessee Wrongful Death Lawsuit?

My dad was killed in a truck accident. My mother filed a lawsuit and recovered a large amount of money. What happens to that money?

Generally speaking, damages for the personal injury claim (the claim that arises from the period of time between the injury and the death) are distributed under the will of the decedent and, if there is no will, under the law of intestate succession. The law of intestate succession is described below.

Funeral expenses are re-paid to the person who paid the funeral bills.

July 21, 2010

What Damages Are Recoverable in A Tennessee Wrongful Death Trial?

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

My husband was killed in a car wreck. What damages am I entitled to receive from the person who caused the wreck?

These are the types of damages that can be recovered in Tennessee : (a) medical expenses for treatment of the injuries that resulted in death; (b) funeral bills; (c) conscious pain and suffering from the date of the injury until the date of death; (d) loss of enjoyment of life between the date of injury and death; (e) loss of earning capacity between the date of injury and death; and (f) the pecuniary value of life.

In all cases, the pecuniary value of life includes the present value of the decedent’s lost future earning capacity less those living expenses necessary to maintain the decedent’s person so that they can work. In cases involving the death of a spouse, the surviving spouse can recover damages for the loss of consortium of the decedent. In cases involving the death of a parent, the children can recover damages for the loss of love, society, affection and guidance of the parent. In cases involving the death of a child, the parents can recover damages for the loss of love, society and affection of their child. Each of these types of damages are included in the definition of the “pecuniary value of life.”

July 19, 2010

The Lawyer Who Announces A Special Relationship with the Judge

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

I met with a personal injury lawyer and she tried to tell me that she could help me win my case because the judge is a friend of hers. Will her relationship with the judge help me?

Lawyers who say such things are scumbags. 99.9% of judges would never allow their personal feelings for a lawyer to directly affect the outcome of the case. To do so would be unethical, and 99.9% of judges would never consider acting in such a fashion.

It is true, of course, that judges tend to respect lawyers who are prepared, who show up to court on time, who understand law and court procedure, and who answer the judge’s questions directly and honestly. And judges, like every other human, would tend to more readily accept the word of a lawyer who earned respect than a lawyer who demonstrated that he or she was not entitled to respect. But disregard the facts or the law simply because of a personal relationship? No, this sort of thing rarely happens.

July 19, 2010

How Long Will My Trial Last?

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

I was hurt in a car wreck and my case will be heard by a jury starting September 20. How long will the trial last?

There are various factors that influence the length of the trial. The complexity of the case is the biggest factor. Cases with complicated liability issues or severe injuries tend to last longer. Cases will few liability issues or relatively small damages take less time.

The judge’s working hours make a difference. A typical schedule is 9:00 to 5:00, with an hour break for lunch and a morning or afternoon break. This means that the trial itself will consume about 6.5 hours per day. However, some judges schedule other matters during the day that limit the amount of time that the case is actually presented to the jury.

July 16, 2010

Should I Hire the Lawyer Who Says He Gets Big Settlements?

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

I notice that lots of personal injury lawyers advertise that they have received big settlements? Should that be a factor in determining what lawyer I should hire?

That may tell you something, and may tell you nothing. Lawyers tell an old joke that goes like this: Do you know how to get a $1,000,000 settlement? Mess up a $2,000,000 case.

Experienced lawyers know that that the size of a verdict or settlement does not reveal much information on how well the case was prepared or tried. Indeed, a sizeable verdict or settlement could mean that the client had a good case and good have had even a better result if a more capable lawyer had handled the case. So, while the size of verdicts and settlements gives you an idea of the size of case the lawyer may have experience working on, it does not tell you much about the quality of the work done on that case.

July 15, 2010

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

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

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.