Tennessee Injury Law Center

April 16, 2012

Holding a Negligent Car Driver Responsible For Payments in Excess of the Insurance Limits

The guy that hit me in my Lebanon, Tennessee car accident has limited insurance but I know he has assets. Can I get insurance money and then go after him individually for the difference?

In Tennessee most insurance companies will continue to defend their insured driver even if they have offered insurance policy limits but the injured party refuses to accept them because the value of the case is far more than the insurance available.

So, ordinarily you will have to determine whether you want or need the insurance money (if it is offered to you) or if you are willing to press for more money from the insured at-fault driver individually and thus wait to collect the insurance money.

April 14, 2012

Pharmacy Errors Resulting in Injury or Death

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

I was given a prescription for a drug and took the prescription to my regular pharmacist. I picked up the prescription the next day and started to take the medication as ordered. Two days later I was deathly sick and in the hospital. It turns out I was not given the drug I was prescribed but instead I was given one with a similar name. The drug I was actually given through my heath out of whack and I passed out. I spent one week in the hospital and am still not back to work. My wife talked to the pharmacist and he said that the handwriting on the prescription was confusing. What are my rights?

You may have a claim against the doctor and the pharmacist, however the pharmacist has the obligation to review the prescription and, if he or she cannot read it, to call the doctor’s office to confirm was was actually ordered.

Pharmacists are highly-trained professionals who know that giving the patient the wrong drug can result in very serious problems. If the wrong drug is given not only is the original problem not being treated but the wrong drug can cause problems of its own.

April 13, 2012

Injuries and Deaths of Tennessee Bicyclists

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

This is the season when our streets and highways begin to be filled with bicycles.

Bicycles are treated like vehicles on our roadways and, in general, those operating bicycles have the same duties and responsibilities as those driving cars and trucks.

By the same token, bicyclists enjoy the same rights as other drivers. Thus, all drivers have a duty to exercise a proper lookout for bicyclists and to operate with due care when in the vicinity of a bicyclist.

April 12, 2012

Cochlear Implant Defect Injures Tennesseans

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

Certain cochlear implants previously sold by Advanced Bionics and implanted in Tennessee residents and other people across the nation have been recalled.

The implants were placed into the head of the deaf and supposed to work by directly stimulating auditory nerves leading to the brain by means of an electrode array positioned in the choclea of the inner ear.

The Advanced Bionic implants that are the subject of the recall were marketed under the name "HiResolution Bionic Ear System." The implants were first made available in 2003. Unfortunately for the patients who had the system implanted, the devices leaked and the moisture that seeped into the implant caused it to fail. The result? The devices need to be removed, forcing the patients to endure yet another surgery to the head. More importantly, the replacement device that is implanted may not function appropriately because of tissue or nerve changes arising from the explant surgery or other causes and, even if this problem is avoided, the patient must go through what is in essence a relearning process to gain the same level of auditory function as they had before.

April 12, 2012

What Is the Deadline For Filing A Truck Accident Case in Tennessee?

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

My car was hit by a truck in Mt. Juliet, Wilson County, Tennessee. How much time do I have to file a lawsuit against the truck driver and the trucking company?

Tennessee law ordinarily requires that such cases be filed within one year of the date of the accident.

There are a couple exceptions to this general rule, but you should not assume that you have more time unless an experienced Tennessee truck accident lawyer familiar with all of the facts advises you that you have more time to file suit.

April 11, 2012

Transvaginal Mesh Injury Litigation in Tennessee

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

A large number of claims concerning transvaginal mesh products manufactured by various companies are working their way toward trial.

The manufacturers of the products include C.R. Bard, Boston Scientific, American Medical Systems, and a division of Johnson & Johnson (Ethicon).

These products were used in thousands of woman to repair pelvic organ prolapse and female stress uninary incontinence. The products have been linked to severe complications, including erosion of the mesh into the vagina, recurrence of urinary problems, pelvic organ prolapse, vaginal mesh extrusion, and pain.

April 11, 2012

Jet Ski Accident – Can I Recover My Medical Bills From the Operator?

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

I was riding as a passenger on a jet ski at Center Hill Lake near Smithville, DeKalb County, Tennessee. The PWC operator was driving real close to the shore at a high rate of speed and hit a big rock. He lost control of the jet ski, I got flipped off, and tore the rotator cuff in my shoulder. Is he responsible for my medical bills?

More details are necessary before your case can be evaluated properly but generally speaking it is considered reckless driving of a personal watercraft device (jet ski) to operate in too close to shore. If the operator is determined to have been operating in a reckless or negligent fashion, he or she can be held liable for your medical bills. In addition, you may also receive compensation for your lost earnings, future lost earnings, pain, suffering and disability.

Remember that as a passenger you too have a responsibility to exercise reasonable care for your own safety any time you are on a jet ski. If the operator is engaging in horse play it is your responsibility to encourage to operator to behave appropriately and, if he or she fails to do so, to get off of the jet ski as promptly as it is prudent to do so.

April 10, 2012

Suing Local Governments in Car Accident Cases

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

I was in a car accident caused a guy driving a dump truck for Springfield (Robertson County), Tennessee public works department. Can I sue the city and recover damages for the injuries I received?

Yes. In Tennessee, local governments cannot be sued under many circumstances but they can be sued if an employee driving a vehicle on the business of the city (or county) causes an accident and there is property damage or personal injury as a result.

However, the damages in such a lawsuit are limited to no more than $300,000 for any one person injured or killed in the accident and no more than $700,000 total if multiple people are injured or killed. Property damage claims are limited to $100,000.

April 9, 2012

What happens if I am partially at fault for the injuries I received in a car accident?

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

I was in a car accident in Dickson, Dickson County, Tennessee. A witness said the accident is partially my fault and partially the fault of the other driver. What happens if I am determined to be partially at fault?

Under Tennessee law, if a person who is injured negligently contributed to his or her own injuries the damages that can be recovered are reduced proportionately. This principle is part of our "comparative fault" law. The law "compares" the negligent conduct of each person or entity that contributes to cause an accident.

This is best explained by an example. Assume that Sally was hurt in an automobile accident that occurred at an intersection when Bill ran a red light and his vehicle hit the side of her car. Assume that the the case is not settled and a jury later determines that Bill is mostly at fault, but that Sally is also at fault because she was speeding. The judge will tell the jury to assign a percentage of fault to Bill and Sally, and the jury determines that the accident was 90% Bill’s fault and 10% Sally’s fault. (The fault percentages must always total 100%). Also assume that the jury determines that Sally’s total damages (medical bills, lost wages, pain, suffering, etc.) entitle her to compensation in the amount of $100,000.

April 7, 2012

Deaths from Tennessee Car and Truck Accidents Increase in 2012

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

Deaths from car and truck accidents in Tennessee have increased in the first three months of 2012, an unusual result given the general decline in accidents, injuries and deaths in the past few years.

238 people lost their lives on Tennessee highways in the first three months of 2012. In the same period last year, only 186 deaths were reported. The 52 additional deaths represents about a 30 percent increase.

The increase in the number of deaths is largely from automobile accidents. Death rates for accidents involving trucks are down slightly. Pedestrian deaths are also down from the same period in 2011.