Tennessee Injury Law Center

August 10, 2015

Just Telling It Like It Is

Recently, we were contacted by a woman who had sustained a broken elbow in an accident. She called our office and we reviewed her accident and her legal options with her. Given the circumstances of her accident, we told her we did not think we would be able to help her. But, we gave her some advice on what she could do to, at least, get the company to pay her medical bills. We later heard back from this woman who expressed her gratitude for us spending the time to talk to her and helping her find a way to get reimbursed for her medical bills. She ended her email by saying we had reshaped her opinion of personal injury lawyers.

Personal injury lawyers do get a bad name as ambulance chasers, sharks, etc. And to a large extent, some of our brethren have brought this on through a variety of practices including taking on too many cases causing them to neglect clients, airing tacky commercials with such catchy phrases as: “turn your wreck into a check”, unethically pursuing injury victims, etc. I could go on but I think you know the conduct to which I am referring. Continue reading

August 5, 2015

Is Your Dog Putting You At Risk of Getting Sued?

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

If you follow us on Google Plus or regularly read this blog, then you know our family recently acquired a Cavalier King Charles Spaniel If you don’t follow us on Google Plus, then let me first say you should and second let me introduce you to Lincoln Day. Lincoln is the love of my 7 year-old daughter’s life. Thankfully, we are past the potty-training stage and are now working on what is appropriate behavior when guests arrive at our house, how to properly walk on a leash, etc. As my daughter is finding out, owning a pet is a big responsibility.

Unfortunately, some pet owners do not take it seriously enough, so we thought we would outline, from a legal perspective some considerations and actions you should be prepared to take before taking on a pet. Continue reading

August 3, 2015

The Blood Test You Need If You Have A Suspected Brain Injury

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

Each year, more than 1.4 million people will suffer a brain injury from a car accident, fall, assault or some other cause. The brain is incredibly complex and so is the treatment of brain injuries. Primarily, physicians have relied upon CAT scans and physical symptoms such as loss of consciousness, dizziness, nausea, slurred speech, confusion and the like to determine the severity of the brain injury.

But both of those methods have their limitations. For instance, CAT scans can only detect if there is cranial bleeding. They are unable to detect damaged brain cells that are not bleeding. As for the physical symptoms, they may not always be detected or reported. For instance, in a car accident, a person may lose consciousness for a short period of time and regain it before any emergency medical personnel reach the scene. Or with a young infant who has not yet learned to talk, it would be difficult to know if the child was slurring its speech or was dizzy, etc. Continue reading

July 24, 2015

10 Things You Should Know If You Have An IVC Filter

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

Litigation is underway against the manufacturers of IVC filters. In particular, more than 100 cases have been filed against Cook Medical, and more than 400 cases have been filed against C.R. Bard, Inc. If you have an IVC filter, below are 10 things you should know. Continue reading

July 16, 2015

Six Ways To Save the Life of a Motorcyclist

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

Last year, 121 motorcycle riders were killed in Tennessee. And statistically, July is the most dangerous month for motorcycle riders. So now is the time to review steps that can be taken to help reduce the number of motorcycle accidents. Below are six ways you can help. Continue reading

June 30, 2015

Fireworks Safety for the 4th of July

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

The 4^th of July is almost here. Cookouts, parades and fireworks are iconic activities for the holiday weekend. My idea of a perfect 4^th of July is throwing something on the grill, hanging out with family and friends then watching the fireworks on the lake in our boat.

But for many others especially kids, the holiday is not complete without shooting off some fireworks. So many folks will pick up sparklers, firecrackers, roman candles, bottle rocket, smoke bombs and the like. But even these seemingly innocuous fireworks can cause serious injury if proper safety rules are not followed. For instance, did you know that sparklers can generate heat up to 2000 degrees or the equivalent of a blow torch or hot charcoal in a grill. In fact, sparklers cause 25% of all fireworks-related burns. Bottle rockets and small firecrackers sent a whopping 8,600 people to the emergency room in 2010. More fires are reported on the 4^th of July than any other day of the year, and the spike is attributed to fireworks.

Below are some tips for keeping your family and friends safe while shooting off fireworks this holiday: Continue reading

June 25, 2015

A Man Walks Into A Bar . . .

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

And stabs and kills his mother’s boyfriend. The parents of the murder victim sue the restaurant and win $40 million dollars. Probably not the punchline you were expecting and you might be wondering how the restaurant is to blame. Well, let me give you a few more facts. Continue reading

June 23, 2015

“No one intentionally sold a toxic toy to Mrs. Monje”

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

Well, I would certainly hope not. But that really is not the point. The point is Spin Master manufactured a toy, Aqua Dots, which was tainted with the date rape drug. Children, who tend to put things in their mouth, ingested the drug and became ill. Spin Master failed to tell anyone about reports of children being hospitalized after ingesting the Aqua Dots. When this came to light, the company agreed to pay a $1.3 million dollar fine. And last week, a jury awarded a family $435,000 because their son fell into a coma and continues to have residual problems after ingesting the date rape drug from the Aqua Dot toy. So how does Spin Master defend all of this? Continue reading

June 18, 2015

Subrogation: The Injury Victim’s Boogie Man

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

First, allow me to use an example to explain subrogation: You are hurt in an accident. You go to the emergency room, are admitted to the hospital for several weeks and then have a few months of follow-up appointments and physical therapy. After deductibles and co-pays, your health insurance company pays all of your medical bills. After you recover from the accident, you settle your injury case with the at-fault party’s insurance company. Using the money you got from your settlement, you buy your first home. Several months later, you get a letter from your medical insurance carrier demanding to be paid back for the medical bills they paid on your behalf after the accident. You no longer have the cash because you bought a home, but they are threatening to sue you.

Can they do that? What about if you are on Medicare or Tenncare? Isn’t that why you paid the premiums for your medical insurance? If they sue me, could they take my house or garnish my wages? What if I never tell them about my accident? Continue reading

June 8, 2015

New Technology To Prevent Drunk Driving

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

Driver Alcohol Detection System for Safety (DADSS) will prevent a car from moving if the driver has a blood alcohol concentration at or in excess of .08, which is the legal limit in all 50 states. The technology is available in two forms: breath analysis and touch analysis. With breath analysis, the driver simply exhales normally into the device for an instantaneous measurement. And for those with a germ phobia, you do not have to actually touch your mouth to anything. The system is contact- free. The touch system measures BAC under the skin’s surface via the use of an infrared light at the fingertip. So when will it be available and where? Continue reading