Almost any coach will tell you that fundamentals win games. While lawsuits are definitely not a game, they are about winning. So just as a good baseball coach will instruct you to field a grounder with your glove on the ground and your bare hand above the glove, we want to tell you four fundamentals you can do to help win your lawsuit. Continue reading
At The Law Offices of John Day, P.C., we are definitely seeing more accidents involving pedestrians but we are not relying on just our own anecdotal evidence for this post. The Governors Highway Safety Association (GHSA) is projecting, once all the data is in, that 2015 will have the largest year-to-year increase in pedestrian fatalities since national records have been kept. Pedestrians now account for about 15% of all motor vehicle crash-related deaths. So what is to blame for the national increase and what are the statistics for pedestrian accidents in Middle Tennessee? Continue reading
Here is the scenario we often see: a patient goes in for a surgery. The surgery is successful but the patient continues to experience pain and other symptoms without any identifiable source. Often the patients are treated as though they are whiners or malingerers. Finally, at some point, the medical providers realize the source of the patient’s pain and problems: a surgical item has been left inside the patient during the surgery. Of course, this necessitates a second surgery with all the attendant risks, more medical bills and more pain and suffering. Think this is a rare occurrence? Think again. Continue reading
Over Spring Break, we were blessed to get to vacation in Belize. On our last day of vacation, we took a catamaran to Caye Caulker. While walking through the village, we noticed the island’s traffic laws posted on the wall. While Title 55 of the Tennessee Code dealing with motor and other vehicles has 53 Chapters, Caye Caulker on the other hand has a very limited set of regulations. Beyond requiring a license, registration and insurance, drivers are prohibited from driving on the airstrip runway, the beach, the football field and any unauthorized piers. The Tennessee Legislature might take a tip or two on brevity from the Caye Caulker Traffic Control Committee.
Some other interesting fact about driving in Belize: Continue reading
I know you may think this article is about politics and it surely could be. The rhetoric in this election year has been meaner and uglier than I can remember. But, I am talking about lawyers. While mean is not the quality anyone is usually looking for in leaders, family or friends, contrary to a lot of folks popular belief, it is also not the quality you should be seeking in a lawyer. Let me explain. Continue reading
In a nutshell, here is the case: Jacqueline Fox had used talcum powder for more than 35 years. After she was diagnosed with ovarian cancer, a pathologist found talc in Fox’s ovaries. Experts believe the talc caused inflammation, which led to cancer and Fox’s death. During a recent trial, a St. Louis jury awarded $72 million dollars to Fox’s family. Continue reading
I have been meaning to write about this for days but work and other matters have kept me too busy to do so. But in the days since I first heard about this, I can tell you my anger has not dissipated. Earlier this month, Newsweek ran the following headline on a story: “New Catholic Bishops Told They Don’t Have To Report Sexual Abuse to Police”. French Monsignor Tony Anatrella told bishops they do not have a duty to report abuse to the police because that is the responsibility of the victims and their families. Oh really? Let’s discuss this for a moment. Continue reading
Last week, a question was posted on Avvo (a legal Q & A site) seeking advice about what should be done following a car accident. The questioner was worried about getting sued, and the primary source of his anxiety was because he had substantial assets including investment accounts but he only had $100,000 in automotive insurance coverage. In particular, he wanted to know if he should hire his own lawyer separate and apart from any lawyer hired by his insurance company? Before I get to that, let me start with something more important. Continue reading
Last year was a record year for vehicle recalls. Already this year, Ford has announced a recall of nearly 400,000 Ranger pickups due to faulty airbags. The National Highway Traffic Safety Administration (NHTSA) has just announced a recall of Britax car seats. The Consumer Product Safety Commission issues a new recall virtually every day. As a consumer, how do you know if the products you and your family use are safe? And what do you do if you get hurt by a defective product? Continue reading
You may have seen the Xarelto commercials featuring Arnold Palmer, Kevin Nealon, Chris Bosh and Brian Vickers — the ones that tout the convenience of Xarelto. According to the manufacturer, there are two benefits of Xarelto: (1) patients on Xarelto do not have to avoid vitamin K rich foods and (2) patients on Xarelto do not have to undergo frequent blood tests to monitor their INR. Now, if you are a patient on warfarin (Coumadin), the decades-old blood thinner, Xarelto might sound like an attractive option. But, most patients do not know the dangers of Xarelto. Continue reading
