Tennessee Injury Law Center

August 29, 2013

Personal Injury and Wrongful Death Claims Against the State of Tennessee

Personal injury and wrongful death lawsuits against the State of Tennessee can arise from car accidents, slip and fall accidents, medical negligence, and a host of other circumstances. Special rules apply to bringing claims against the State of Tennessee and there are limits on the amount of damages that can be awarded in such cases.

One special rule is that ordinarily a personal injury or wrongful death claim against the State of Tennessee cannot be filed in court. Instead, a claim form must be completed and filed with the Division of Claims Administration of the Tennessee Department of Treasury in Nashville. It is advisable to use the claim form provided for such purposes. Click on the link to see a copy of the form using for filing a claim with the State of Tennessee.

Failure to properly file a claim on time will result in a loss of your rights. If you have a serious claim you should seek the advice of an experienced injury lawyer to assist you in completing the form and navigating through the claim process, which typically involves a trial before a judge (called a "Claims Commissioner").

August 4, 2013

What Is A Scheduling Order?

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

A scheduling order is a pretrial order that governs the progress of a case as it proceeds toward a trial.

A scheduling order provides deadlines for taking depositions, conducting written discovery, identifying and deposing expert witnesses, filing certain types of motions, and other deadlines appropriate to the case. It may also set a trial date. Rule 16 of the Tennessee Rules of Civil Procedure gives the court a right to impose a scheduling order.

The lawyers for the parties in the case can agree on a scheduling order or the court may impose a scheduling order. In Tennessee, a scheduling order can be changed if a party shows good cause for doing so.

August 1, 2013

What Is the Maximum Amount of Damages That Can Be Recovered In A Tennessee Wrongful Death Case?

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

A new law in Tennessee limits the amount of damages that can be awarded in a Tennessee wrongful death case.

Under the new law, the family of a person who has died as a result of the negligent conduct of another person or company is limited to recovery of the following types of damages"

Medical bills caused by the negligence.
Funeral Bills.
Lost earning capacity from the time of injury to death.
Future lost earning capacity reduced by future personal maintenance expense.

There is no limit on the amount of money that can be awarded for these types of losses. The actual amount of money that can be recovered will depend on the evidence of the amount of loss for each one of these elements of loss.

July 31, 2013

Tennessee Medical Malpractice (Health Care Liability) Cases – The Need for Expert Testimony

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

Tennessee law requires almost always requires that a medical expert testify that a health care provider improperly treated the patient. This expert must be familiar with the standard of care applicable to the health care provider at the time of the alleged wrong and must explain how the care actually given by the provider was inconsistent with what the standard of care required.

A medical expert must also link the failure to follow the standard of care to an injury to (or death of) the patient.

There are some people (and even some lawyers) who think that the evidence of malpractice or injury is so clear that an expert witness should not be required. It is true that sometimes an expert is not required in Tennessee medical malpractice cases, but such cases are extremely rare. Never assume that your case will not require expert medical testimony unless an experienced Tennessee medical malpractice lawyer informs you that expert testimony is not required.

July 30, 2013

Pedestrian Deaths and Injuries Increasing, Nationwide and in Tennessee

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

Pedestrian deaths in traffic accidents nationally increased from 4109 in 2009 to 4432 in 2011, according to the United States Department of Transportation.

Deaths to men numbered deaths to women (3086 versus 1345) and 19% of the deaths were a result of hit and run accidents.

In Tennessee, 1221 pedestrians (including skateboarders, people on roller skates, etc.) were injured or killed in traffic accidents in 2010. Davidson County, Tennessee had 275 of those injuries and deaths. There were 83 pedestrian deaths in Tennessee in 2011; the number actually dropped to 68 deaths in 2012. Unfortunately, the 2013 death rate for Tennessee pedestrians in increasing. As of the date of this blog post, 46 pedestrian deaths have occurred. At this same time in 2012, only 35 deaths had occurred.

July 30, 2013

What Do I Do If A Tow Truck Operator Tries to Send Me to a Personal Injury Lawyer?

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

Rumor has it that some lawyers have "relationships" with tow truck operators. These tow truck operators encourage people involved in Tennessee car or truck accidents to hire their lawyer friend.

The ethics of these type of relationships are questionable and, depending on the circumstances, are just plain wrong. However, from your standpoint as a consumer who needs an experienced Tennessee personal injury lawyer, you have to give serious consideration to whether or not you want to accept a recommendation of a lawyer made under these circumstances.

All lawyers are not equal. Any lawyer who would push ethical boundaries to gain a client is a lawyer to be very concerned about.

July 29, 2013

Tennessee’s Deadline for Filing A Health Care Liability (Medical Malpractice) Case

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

Tennessee law requires that appropriate action must be taken to initiate a Tennessee medical malpractice lawsuit (now known as a health care liability action) within one year of the date of the incident that causes an injury. Cases are initiated by serving a formal notice on the persons or entities that may be sued in the case. Filing the notice is a complicated endeavor, and it is recommended that you seek legal advice and a lawyer’s help in giving notice. I strongly discourage a patient from attempting to comply with the notice law without the assistance of a lawyer.

Under certain circumstances, you may have additional time to file suit. That is, the date the one-year period for taking legal action may begin on a date later than the date of the error that caused the injury or death. However, determining whether one of these exceptions applies to your claim is a complicated, risky endeavor, and you are advised to never assume that the deadline for taking legal action will expire after the one-year anniversary date of the incident which caused the injury or death. Seek the advice of an experienced Tennessee medical malpractice lawyer for help identifying whether any exception to the general rule applies under the facts of your situation.

Usually, a lawyer will need to review your medical records to determine when the deadline for taking legal action. It can take six weeks or more to obtain the appropriate records from the health care providers. Do not – I repeat, do not – wait eight or nine months after an injury has occurred to seek the advice of a lawyer. An experienced medical malpractice lawyer needs time to obtain and evaluate the medical records.

July 18, 2013

Tennesseans Have the Means to Check the Safety Records of Trucking Companies

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

The Federal Motor Carrier Safety Adminsitration (FMCSA) maintains several websites that permit residents of Tennessee and indeed the world to determine the safety record of trucking companies.

Here is a list of the available sites and what information can be gathered from each site:

The Safety and Fitness Electronic Records (SAFER) System: This website offers company safety data and related services to industry and the public. Some information can be found about a carrier’s liability insurance on this website.
The Company Snapshot: The Snapshot is a concise electronic record of a company’s identification, size, commodity information, and safety record, including the safety rating (if any), a roadside out-of-service inspection summary, and crash information.
The Analysis and Information site: This site helps those interested in moving passengers select the right vehicle and find the safest companies to assist in that effort.

Each of these services are free.

July 17, 2013

Train Accidents in Tennessee

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

The recent train derailment in Quebec, Canada caused me to investigate how many train accidents we have had recently in Tennessee.

In the first four months of 2013, there have been twelve incidents involving trains in Tennessee. Seven of those incidents involved derailments, the largest of which occurred in Lawrence County shortly after the first of the year. Fortunately, no personal injury occurred, but the estimate of property damage was $175,000. Only one locomotive and four cars derailed in that incident, which occurred at a relatively low rate of speed.

Two collisions of railroad cars have occurred since January 1, 2013, but each of them occurred in railway yards.

July 16, 2013

Overloaded Tires on Commercial Buses (Motorcoaches)

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

Operators of buses, known in the industry as motorcoaches, place their riders at risk of serious injury or death if they operate the vehicles with tires that are overloaded or are overly worn or damaged. Also at risk are other motorists and pedestrians if the motorcoach experiences a tire failure and the driver of the motorcoach loses control of the vehicle.

The risk is increased in the summer, when the tires are operated in warm weather conditions, increasing the risk of overheating and tire failure.

The Federal Motor Carrier Safety Administration (FMCSA) has warned motorcoach operators of the need to consider maximum tire load carrying capacity and tire speed rating, and allow an adequate tire pressure safety margin when carrying maximum passenger and luggage loads. The failure to take appropriate action can lead to the assessment of penalties against the operator.