Tennessee Injury Law Center

August 16, 2012

Bumbo Baby Seats Recalled – Baby Skull Fracture Risk

Nearly two dozen infant children have received skull fractures as a result of a problem with Bumbo Baby Seats (photo).. The Consumer Product Safety Commission says that babies can wiggle out of the seats, fall and be harmed.

The Bumbo seats were sold at Babies R Us, Target, Walmart, and other retailers between August 2003 and August 2012. Now, some 4 millions seats have been recalled.

About one million of the seats were recalled in October 2007. This recall was made to place additional warning labels on the seats to warn of the risk of placing the seats on raised surfaces.

August 14, 2012

Tennessee Uninsured and Under-insured Motorist Insurance Coverage

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

If the driver that causes a Tennessee car accident or truck accident does not have liability insurance, your own automobile insurance coverage may also apply in provide a source for monetary recovery to pay your medical bills and compensate you for your injuries. This type of insurance coverage is also available (and very important) for motorcycle owners because it will provide protection for the riders in the event of a Tennessee motorcycle accident with an car or truck that does not have sufficient liability insurance.

This type of insurance coverage is called uninsured motorist coverage – it provides you protection when you are hurt by an uninsured driver. This type of insurance also protects you when the driver that causes a wreck has inadequate insurance coverage to pay for the harm caused to you. This is called "under-insured motorist coverage."

Both types of insurance must be offered to each person who buys liability insurance in Tennessee. Thus, if you purchased liability insurance on your vehicle, you have uninsured and under-insured motorist coverage unless you waived your right to have it in writing.

August 7, 2012

Damages Available in A Child Sexual Abuse Case in Tennessee

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

Child sex abuse victims in Tennessee may recover damages against the abuser for the following types of losses:

medical expenses
lost wages (if any)
pain
suffering
disfigurement
disability
loss of enjoyment of life.

If the injuries result in future or permanent physical or emotional problems, additional damages may be recovered for

August 5, 2012

Deadlines For Tennessee Personal Injury Claims for Children

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

As Tennessee personal injury lawyers who represent children who have been harmed by the negligence of others, we are frequently asked how quickly parents must act to protect the legal rights of their children.

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.

The rule described above also applies if your child was a victim of sexual abuse in Tennessee.

August 1, 2012

Recovery of Damages For Lost Wages in Personal Injury Cases

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

Tennessee law permits the recovery of lost wages in Tennessee automobile accident cases, truck accident cases, medical malpractice cases, and all other types of Tennessee personal injury claims.

Technically, the measurement of damages is referred to as "lost earning capacity." This phrase is used in recognition of the fact that some people are, for whatever reason, under-employed at the time of their injury. Thus, at least in theory, a claim for loss of earning capacity is not limited to damages as suggested by the victim’s current wages.

If the incident causes a permanent injury, the victim can also recover damages for lost future earning capacity. Many times, expert witnesses must be employed to evaluate and quantify loss of future earning capacity.

August 1, 2012

BR Goodrich and Uniroyal Tires Recalled – Risk of Tire Separation

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

BF Goodrich and Uniroyal, part of the Michelin North America tire company, have recalled more than 800,000 tires because of the risk of tire tread belt separation.

The voluntary safety recall occurred after quality-control workers noticed a report in problems with the tire – some 150 tires were reported to have problems. The tires were produced between April 2010 and the end of July 2012.

The tires being recalled are BR Goodrich commercial tires LT235/85 and LT245/75 and Uniroyal Laredo tires LT235/56 and LT245/75. The tires are typically used in commercial light trucks and full-sized heavy duty vans.

July 31, 2012

Damages in Medical Malpractice (Health Care Liability) Cases in Tennessee That Result in a Personal Injury

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

A person who suffers an injury giving rise to a Tennessee medical malpractice (now known as a health care liability) case has a right to recover damages for their injuries. As a Tennessee medical malpractice attorney i am fortunate to have represented many people who have been injured as a result of an error by a health care provider.

Tennessee law provides that a medical malpractice victim can recover damages for the following:

medical expenses
lost wages
pain
suffering
disfigurement
disability
loss of enjoyment of life.

If the injury results in future or permanent physical or emotional problems, additional damages may be recovered for

July 17, 2012

Personal Injury and Wrongful Death Lawsuits Against the State Of Tennessee

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

Suing the State of Tennessee in a personal injury or wrongful death case is different than suing a person or business in a personal injury case. Here are some of the major differences:

1. Formal notice must be given before a lawsuit is filed with the Division of Claims Administration. Failure to give written notice in the correct way will result in the loss of the right to bring a claim. Notice typically must be given within one year of the date of the incident causing injury or death, although this area of the law is very complicated. The actual deadline that applies in your case should be determined by an experienced Tennessee personal injury and wrongful death lawyer who has been made aware of all of the facts.

2. After notice is filed, the injured person must wait 90 days before taking other legal action. The State may settle or deny the claim during this 90-day period. (I have filed claims against the State of Tennessee many times over my 30+ years as a lawyer and they have never settled a claim in this 89 day period.) If the claim is not settled or denied, proper papers must be filed with the Tennessee Claims Commission.

July 16, 2012

Deadlines for Filing Personal Injury Cases in Tennessee

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

As a Tennessee personal injury lawyer, I receive at least one call every week from a potential personal injury client who has waiting too long to hire a lawyer to get help with filing a lawsuit. Recently, I had calls from three people in one week who called me too late for help.

There are lots of reasons you should call a lawyer quickly after a Tennessee auto accident or other event in which the negligence of another resulted in a serious injury, but one reason for prompt action is the delay can make it impossible to hire a lawyer who can help you.

Why do people wait to hire a lawyer? Some people think that they can resolve the personal injury case on their own, without any legal advice. Of course, sometimes that is true: a lay person may be able to settle a personal injury case without the assistance of a lawyer. For instance, car accident cases that involve only property damage, or that involve one trip to the emergency room and no other medical treatment frequently can be resolved without the help of a lawyer.

July 10, 2012

Past Medical History in Tennessee Personal Injury Litigation

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

People who have been injured in car or truck accidents and seek the services of a Tennessee personal injury lawyer frequently want to know if their medical history will explored by the insurance company of the person who caused their injuries.

The answer to that question is simple: it depends.

First, the nature and extent of the inquiry that is made into a person’s medical history is dependent on the nature of the injuries claimed. If you broke your arm in a car accident and it healed without much difficulty and with no long-term impact on your life, the insurance company will only want to confirm that you have not broken that arm in the past. Indeed, it may not even do that, since such information would probably be in the treating doctor"s records or visible on x-ray.