Tennessee Injury Law Center

February 19, 2012

Does A Motorcycle Passenger Have to Sue the Motorcycle Driver After a Crash?

My boyfriend had a wreck on his motorcycle a few weeks ago after a car illegally turned in front of him and he hit the side of it. I was a passenger on the motorcycle and received a badly broken arm and severe road rash as a result of the wreck. I talked to the insurance adjuster for the driver of the car and she told me it was my boyfriend’s fault and I need to sue him. I saw the whole thing – my boyfriend did nothing wrong and the car turned right in front of us when just as we entered the intersection. Do I have to sue my boyfriend to get my bills paid?

You have asked a complicated question, the answer to which can only be given after facts in addition to those stated in your question have been uncovered.

Generally speaking, the answer to your question is "no," you do not have to sue your boyfriend. If you believe that the driver of the car is at fault, then you need only sue the driver (and perhaps the owner) of the car.

February 19, 2012

Why Shouldn’t I Hire The Lawyer Who Says He Can Get Me Big Money The First Time We Meet?

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

I got hurt in an automobile accident. I have talked to two different lawyers. The first lawyer listened to what I had to say, explained the law and the legal process to me, and answered all of my questions but one: he said he could not tell me his opinion of the value of my case. He said that he would not be able to do so until after I finished medical treatment and he had a better understanding of what long-term consequences I would have from my injuries. He also said more investigation was needed on the facts of the accident and the resources of the person who caused my wreck. The second lawyer told me that he thought he could get me $1,000,000 and maybe even more. I sure like what the second lawyer said and it seems to me that if he can get me that amount of money he is the right person to hire. Am I missing something?

You should not hire any lawyer who tries to tell you that he or she knows the value of your case the very first time you meet with them. Never. Under any circumstances.

Why? Because experienced lawyers know that a detailed investigation must be undertaken before a value can be put on a case. Lots and lots of factors impact the value of a case, and no lawyer can honestly, accurately evaluate a case the first time they meet a client, particularly if they have not done any investigation of the case before meeting the client.

February 14, 2012

What Is Liability Insurance?

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

Liability insurance is insurance that protects you from loss in the event you are alleged to have negligently caused harm or damage to another or are determined to have negligently caused harm or damage to another.

Liability insurance offers two important components. First, liability insurance pays for a lawyer to represent you in the event you get sued for negligently causing someone harm or damage. This is known as the "duty to defend." Second, liability insurance pays any judgment entered against you for negligently causing harm or damage to someone else. This is known as the "duty to indemnify." The amount the insurance company will pay is capped at the amount of liability insurance you have.

There is a liability insurance component in almost every motor vehicle insurance policy. There is also a liability insurance component in your homeowner’s insurance policy. If you run a business, you may have (and should have) a "general liability" insurance policy that protects you for negligent acts and omissions by you or your employees as part of your business operations.

February 10, 2012

Deaths from Tennessee Car and Truck Accidents Decline

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

Tennessee has seen a decline in the number of deaths from car and truck accidents.

Recently released statistics reveal that the number of people killed on Tennessee roads decreased from 1032 in 2010 to 946 in 2011, a drop of almost 9%.

Traffic fatalities were down in most counties in Middle Tennessee. In fact, the only counties that saw in an increase in the number of deaths in traffic accidents were Williamson County (up 3 from 6 deaths to 9), Wilson County (up 6 deaths from 15 to 21), Rutherford County (an increase in one fatality from 20 to 21), Houston County (a significance increase – from 1 to 3); and Coffee County (deaths doubled from 8 to 16). Lawrence County reported the biggest increase in traffic deaths in terms of raw numbers, from 4 to 14. Giles County County increased from 7 deaths to 10 and Maury County increased from 10 to 14 fatalities.

February 9, 2012

Is There A Limit on Damages in Leg Amputation Cases in Tennessee?

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

My wife lost her leg is a bus accident last month. Does Tennessee law impose any limit on the damages she can recover from the negligent party?

There is no limit on the damages can recover for medical expenses or loss of earning capacity that arise as a result of the loss of the leg. However, if the wreck occurred on or after October 1, 2011, there is a limit on the damages she can recover for pain, suffering, disfigurement, and loss of enjoyment of life – referred to by the Legislature as "non-economic damages." That limit is $750,000.

The Legislature has determined that no person can recover non-economic damages in excess of $750,000 unless the injury is "catastrophic" or the falls within a narrow class of exclusions (for example, the defendant was under the influence of alcohol). The amputation of a single limb is not considered a catastrophic loss by the Tennessee General Assembly. You have to have at least two amputated limbs for the injury to be determined "catastrophic" and even then non-economic damages are limited to $1,000,000.

February 8, 2012

I Can’t Find A Lawyer to Take A Tennessee Medical Malpractice Case!

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

I believe that my father victim of malpractice by a nursing home, but no lawyer will take my case. Why not?

There are several possibilities.

First, there are relatively few lawyers in the state that represent medical malpractice victims. In fact, my guess is that far less than one percent of lawyers regularly handle medical malpractice cases for patients. I have represented malpractice victims for over thirty years, and have seen the number of lawyers willing to accept these cases dwindle over the years. Therefore, you may be asking the wrong lawyers.

February 7, 2012

What Do Paralegals Do?

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

I have an automobile accident case. My lawyer is often on the phone when I call and my call is forwarded to his paralegal. What do paralegals do?

You didn’t hire a lawyer, you hired a law firm. In our firm a team of people works together to help every client. The paralegal is an important part of the team.

Our law firm’s paralegals are very involved in every case. They help us communicate with clients and do many other important tasks.

February 6, 2012

Where Must A Car Accident Lawsuit Be Filed?

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

I live in Knoxville and I was in a car wreck in Nashville. The driver of the other car lives in Murfreesboro. If my case doesn’t get settled can I file a lawsuit in Knoxville?

No. Under a new Tennessee law that was effective for all lawsuits arising from injuries arising on or after October 1, 2011, this type of case must be filed where the wreck occurred or where the individual defendant resides.

Therefore, if you must file a lawsuit, you will have to file it in Nashville or in Rutherford County.

February 6, 2012

Child Abuse Exacts Heavy Toll

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

Child abuse injuries resulted in 4,500 hospitalizations and 300 fatalities in just one year in the United States, researchers from Yale School of Medicine reported in the journal Pediatrics. This is the first study that has quantified abuse severity and how many children ended up in hospital, the authors added.

The researchers found that

4,569 kids where admitted to hospital in 2006 because of serious abuse
300 of them did not survive
Those at the highest risk of being hospitalized were aged twelve months or less (58.2 per 100,000 kids compared to the average 6.2 per 100,000)

Child abuse can give rise to both criminal and civil liability. An abuser can be held liable for monetary damages for the harm caused by the abuse, including medical bills, pain and suffering, disability, disfigurement, lost earning capacity, and loss of enjoyment of life. Abuse so severe that it causes death of the child can also result in liability for damages.