Lawyer Photo

by

Sexual abuse of a child is not only a crime that can (and should) result in criminal charges against the abuser.  It is also wrongful conduct that makes the abuser liable for damages in a civil lawsuit.  

Civil wrongs are called "torts."  There are lots of categories of torts, but the two most applicable to sex abuse claims to minors are the tort of "battery"  (the unlawful touching of another person) and "intentional infliction of emotional distress" (engaging in outrageous conduct that results in severe emotional injury to another).  A person who commits a tort is liable for compensatory damages to the person injured by the conduct.  If the tort is an intentional tort, or one that involves reckless conduct, the wrongdoer is also liable for punitive damages.  

So, a child who is a victim of sexual abuse can (with the assistance of his or her parents or guardian) file a lawsuit against the abuser and seek compensatory and punitive damages for the injuries he or she suffered at the hands of the abuser.  Whether the conduct occurred, what injuries were caused by the conduct, and the amount of damages to be awarded are issues that will be determined in the case.

Continue reading

by

Tennessee law permits the recovery of funeral and burial expenses as part of the damages in a wrongful death lawsuit.

The case law is unclear about whether there is any limit on the amount of funeral and burial expenses that may be recoverable.  Presumably, the law permits only the recovery of a "reasonable" amount of such expenses, but there is no fixed dollar amount or any other guidance on this issue.

Therefore, evidence of the amount of funeral and burial expenses incurred must be gathered and presented as part an effort to settle a wrongful death case.   Appropriate evidence must also be introduced at trial in the event the case cannot be settled.

by

Under Tennessee law, the spouse of the decedent usually has the right to file and control a wrongful death lawsuit.  However, a spouse can lose the right to file and control the wrongful death suit if he or she has abandons or becomes "willfully withdrawn" from the decedent for a period of two years.

If this situation exists, the courts will presume that the surviving spouse has forfeited his or her rights to file and control the wrongful death suit and that right will go to others.   

If a dispute about this occurs, the surviving spouse will have the right to be heard in court and argue that he or she is the appropriate person to file and control the lawsuit.  A determination against the spouse can also affect his or her right to receive any of the proceeds of the wrongful death lawsuit itself.

Continue reading

by

You have no legal obligation to give a statement about the events giving rise to a Tennessee automobile, truck or motorcycle accident to the adjuster to the at-fault driver’s insurance company.  We typically recommend that our clients do not give such a statement, especially before they are prepared by one of our lawyers on how to give a proper statement.

We are not suggesting that we ever permit a client (or a witness) to change his or her testimony.  Nor to encourage a client (or witness) to do so.  But preparation for a recorded statement (and they are almost always recorded) greatly reduces the chance of an error that can harm the case.

On the other hand, you probably do have a contractual obligation to give a statement to your own insurance company.  Your insurance policy probably requires you to do so.  Once again, it is best that you seek the advice and help of a lawyer before giving the statement.  

Continue reading

by

The Tennessee Highway Patrol reports that deaths in traffic accidents are significant’y lower in 2013 than they were at this point in the year in 2012.

By this date last year, 458 people in Tennessee had died from traffic related accidents.  This year, 388 people have died, a drop of 70 people.

Motorcycle deaths are down 25%, from 60 to 45.  Bicyclist deaths are down almost 50%, from 7 to 4.

Continue reading

by

The Law Offices of John Day, P.C. website has just added some new material on the damages that can be awarded to Tennessee personal injury victims.

The new pages on our website address the issue of the limits on damages in Tennessee cases after the new tort reform law and gives an example of how tort reform limits damage awards in Tennessee.  Also discussed is whether prejudgment interest applies to damage awards in personal injury cases in Tennessee and how subrogation affects the recovery of damages in Tennessee injury cases.  We also explain how a jury determines the amount of damages to be awarded in a Tennessee injury case.

We hope that this information will assist you as you attempt to understand Tennessee law of damages.  Our website allows has lots of other information that can assist you in getting a better grasp on Tennessee personal injury law, so take some time to review other pages on the site as well.  Of course, each case is different, so be sure to speak to a competent, experienced lawyer before taking any action that will affect your legal rights.

by

Tennessee ethics rules for attorneys who represent people involved in personal injury cases or wrongful death cases on a contingent fee basis provide that the lawyer must have a written fee agreement with their client.

It is important that, as a prospective client, you read the agreement and make sure you understand what the fee is and how it will be charged.   

If you are pressured to sign it the same day you meet with the lawyer, be careful.  If you must take it home to read it carefully, or to review it with a family member, you should do so.  Do not be forced into signing such an agreement before you have had the opportunity to study it.  Do not be afraid to ask questions about any provision of the agreement that you do not understand.

Continue reading

by

There are lots of lawyers who are willing to represent you in Tennessee automobile and truck accident cases, Tennessee medical malpractice cases, and other types of Tennessee injury and wrongful death cases.  How do you figure out who to hire for your case?

One place to look is for sites listing "top lawyers" or "best lawyers."  However, the qualifications for some of these listings require nothing more than a credit card and really tell you nothing about the actual qualifications of the lawyer or what his or her peers think about his or her legal work.

Here are some "best lawyer" sites that you can trust to help you find the right lawyer for your case"

Continue reading

by

In the legal profession they are called "runners" – non-lawyers who approach Tennessee personal injury victims and families of  Tennessee wrongful death victims and try to persuade them to hire a particular lawyer or law firm.  They may come to the scene of an accident, a hospital room, a residence, even a funeral home.  Sometimes they are paid for their services, sometimes they do it just to have an "in" with a lawyer.

Runners may be ambulance drivers, tow truck operators, nurses or hospital technicians.   Whoever they are and however they approach you, what they are doing is wrong.  It is improper for a lawyer to employ the service of a non-lawyer to solicit personal injury clients or wrongful death clients.  It is also improper for the lawyer to conduct this type of activity himself or herself.

So why do some lawyers do such a thing?  Why would a lawyer put his or her law license on the line to get a new client?  Because they have trouble getting clients based on their reputation or any of the other ways good lawyers find good clients.  And the reason that they have trouble getting clients in an ethical way is that they aren’t good lawyers.

Continue reading

by

A structured settlement is an agreement reached between a plaintiff (the person who files a lawsuit) and the insurance company for the defendant (the person or company that is sued) to pay a personal injury or wrongful death settlement to the plaintiff over time rather than paying the money in a lump sum.  

Such settlements can be structured to pay out the money over any period of time, from a year to a lifetime.  The payments can be a combination of monthly payments and "bonus" payments every five years.  There is virtually no limit as to how payments can be structured; the financial and other needs of the individual determine how a structured settlement will work.

Every structured settlement includes the payment of interest, and this interest is tax-free assuming that the appropriate rules are followed.  

Continue reading
Contact Information
Brentwood Office
Mailing Address
5141 Virginia Way, #270
Brentwood, TN 37027
Toll Free: 866.812.8787
Phone: 615.742.4880
Fax: 615.742.4881
Nashville Office
810 Dominican Dr #315
Nashville, TN 37228
Toll Free: 866.812.8787
Phone: 615.669.3993
Fax: 615.742.4881
Murfreesboro Office
1639 Medical Center Pkwy #105
Murfreesboro, TN 37129
Toll Free: 866.812.8787
Phone: 615.867.9900
Fax: 615.742.4881
This is a paid legal advertisement.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2015 – 2025, The Law Offices of John Day, P.C.
JUSTIA Law Firm Blog Design