Tennessee Injury Law Center

April 16, 2010

Lawyer Advancing Money to Client – Is it Ethicial?

I am sure my case is going to settle soon. Can my lawyer lend me money toward the settlement I know I am going to receive?

No. In Tennessee it is unethical for a lawyer to loan you money while he or she is representing you in a case. Rumor has it that some lawyers will promise potential clients that they will help them with living expenses and that some lawyers actually do it. Indeed, some people say that some lawyers will offer money to clients in an effort to get hired by the clients. However, this is wrong, and a lawyer who promises to do so or actually does so should be reported to the Tennessee Board of Professional Responsibility at 800.486.5714.

April 14, 2010

Board Certification for Trial Lawyers

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

Q. What does it mean when a lawyer is “board certified?”

A. Just like doctors can be “board-certified” in surgery or pediatrics or a large number of specialties, lawyers can choose to seek board certification in several different areas in the law.

There are several civil trial certifications available in Tennessee – civil trial specialist, medical malpractice, legal malpractice and family. A civil trial specialist must (a) have a demonstrated level of experience in trying civil cases; (b) pass a written examination that covers certain aspects of civil law, evidence, and ethics; (c) receive positive recommendations from judges and attorneys that he or she has tried cases against; (d) have a good disciplinary history. The attorney applies for civil trial and family trial certification with the National Board of Trial Advocacy, a division of the National Board of Legal Specialty Certification. Medical and legal trial certification is available from another group.

If a Tennessee attorney is certified by this group, the attorney must then apply to the Tennessee Commission on Continuing Legal Education and Specialization Commission for certification in Tennessee. The Tennessee Commission imposes additional requirements, including professional liability insurance and client recommendations.

April 9, 2010

Understanding Wrongful Death Cases in Tennessee

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

1. What is a wrongful death case?

Answer: A wrongful death case is a lawsuit in which it is asserted that one person intentionally, recklessly or negligently caused the death of another person.

Wrongful death cases can arise because of automobile wrecks, truck wrecks, bus wrecks, medical errors, pharmacist errors, fall injuries, construction accidents, and a large number of other situations.

April 9, 2010

Understanding Truck Wrecks in Tennessee

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

1. What are the responsibilities of truck and bus drivers?

Answer: Truck and bus drivers are required to live up to the same standards and laws as every other driver on the road. In addition to these general rules, there are special safety laws that also cover most commercial drivers.

First, to prevent drivers from driving so long that they become dangerously tired, the law sets maximum hours they are allowed to work before taking a break. Truck drivers cannot drive more than eleven hours in one shift without stopping to take a break. Also, no matter how much time they spend behind the wheel, a truck driver has to stop and take a break within fourteen hours of the time the driver first clocks in to work for a shift. A break has to be ten hours in a row completely off duty. It does not matter if a truck driver works for two or three different companies; to comply with the law, the truck river must take a ten hour break from any and all jobs.

April 9, 2010

Understanding Product Liability Claims In Tennessee

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

1. What is a products liability claim?

Answer: A products liability lawsuit is a claim that a person was injured or died due to a problem with a product. A “product” can be almost anything that can be manufactured, including cars and planes, medication, consumer goods like lighters and lawnmowers, and industrial machinery.

In a products liability lawsuit, the manufacturer of the product can be held liable for the problem with the product that caused an injury or death. Manufacturers include designers and makers of products, as well as those who design or make parts of products (such as the maker of an axle to be used in an automobile).

April 9, 2010

Understanding Medical Malpractice Cases in Tennessee

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

1. What is a medical malpractice case?

Answer: Cases for injuries caused by a medical provider during the course of providing medical treatment are called medical malpractice cases. There are many different fact situations which can form the basis of a claim. The injury may be the result of something the medical provider did such as performing surgery on the wrong arm or leg. Or the injury may be caused by the medical provider’s failure to provide appropriate medical care or make a timely diagnosis. Medical malpractice claims may include claims against doctors, nurses, hospitals, nursing homes, pharmacies, home health agencies, and other types of health providers.

2. What is the deadline for filing a medical malpractice case in Tennessee?

April 9, 2010

Understanding Damages in Personal Injury Cases

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

1. What is a personal injury?

Answer: A personal injury is an injury to a person caused intentionally or by the negligence of another.

2. What types of personal injury cases are there?

April 9, 2010

Understanding Claims Relating to Children

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

INJURY TO A CHILD:

1. My child has been injured. How long do I have to bring a lawsuit on behalf of my child?

Answer: Under the law in Tennessee, there are time limits on which any person can bring a lawsuit against another. The general rule is that a child has until one year after his or her eighteenth birthday to bring a lawsuit to recover for a personal injury. Some people argue, however, that a parent’s claim for medical expenses incurred on behalf of the child must be filed by the parent within one year of the incident causing the injury, and thus it makes sense to consult with a lawyer promptly about any injury to your child that you believe was caused by someone else’s negligence.

April 9, 2010

Understanding Automobile Wreck Cases

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

1. What duties do drivers owe to other people on the road?

Answer: Drivers owe other persons upon the roadway a duty to use reasonable and due care in the operation of their vehicles so as to avoid injury to other persons using the roadway. This includes keeping a proper lookout, maintain proper control of the vehicle, turning appropriately, stopping appropriately, and maintaining an appropriate speed. A driver also has a duty to follow state laws and local ordinances in operation of their vehicle. One example of a state law that drivers must follow is that it is illegal to operate a vehicle under the influence of alcohol or other drugs.

Common carriers (those that carry passengers for hire, such as buses and taxi cabs) are held to a higher standard of care. They must exercise the highest degree of care for their passengers’ safety.

April 9, 2010

Understanding What Happens At The Trial Of A Personal Injury Or Wrongful Death Case

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

This Legal Guide will explain the various steps that take place during the trial of a personal injury or wrongful death lawsuit in Tennessee.

1. Jury Selection

Most of the trials in personal injury and wrongful death cases in state court in Tennessee are jury trials. The jury panel consists of thirty to sixty residents of the county where the trial is taking place.