Tennessee Injury Law Center

February 28, 2012

Medical Malpractice Insurance Rates in Tennessee

Medical malpractice insurance rates for doctors have dropped substantially in Tennessee in the last few years, and now doctors pay far less for insurance that they did five years ago.

For example, 5 years ago an OB/GYN paid $59,572 for $1,000,000 / $3,000,000 in professional liability insurance. Today, that same doctor woul;d pay almost 40% less for the same amount of insurance coverage – $37,255. In fact, today an OB/GYN can buy over $10,000,000 of professional liability insurance coverage for less money than he or she would have paid for $1,000,000 in coverage just 5 years ago.

Why the decrease? The health care lobby got various laws passed which makes it harder for patients to bring lawsuits against doctors. The law has worked – it has put more money in the pockets of doctors and their insurance companies.

February 26, 2012

Wrong – Way Crashes on Interstate Highways

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

In 2010 over 100 wrecks occurred on Tennessee interstates because a driver was operating down the wrong side of the roadway.

There are several reasons this can occur. First, the driver of the vehicle going down the interstate the wrong way can be intoxicated by alcohol or operating under the influence of another drug. Liability may be imposed on the driver and, if the excessive consumption of alcohol contributed to the problem, those who illegally served an obviously intoxicated person may bear some responsibility.

Second, the signage at the entry point of interstate can be absent or misleading. It is not uncommon for people in road construction areas to be lead astray by poor signage or signs that are just plain wrong. Under these circumstances, those involved in the road construction project may have some responsibility for what occurred.

February 22, 2012

Are Tennessee Attorneys Required to Have Malpractice Insurance?

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

Do attorneys in Tennessee have to have legal malpractice insurance?

No. There is no requirement that attorneys in Tennessee have legal malpractice insurance.

However, responsible lawyers purchase malpractice insurance to protect their clients from losing money in the event that the lawyer makes an error. Lawyers, like anyone else, can make errors in the work they do for clients. Most of those errors do not result in any demonstrable loss to their clients, but from time to time errors that cause losses occur. In those cases, malpractice insurance is there to protect the client from financial harm.

February 21, 2012

Can I Borrow Money From My Tennessee Car Accident Attorney?

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

I have a car accident case but am in desperate need of money right now. Can I borrow money from my attorney and pay her back out of the settlement I know I am going to receive?

It is not uncommon for people who have been injured to have financial difficulties, but in Tennessee it is unethical for an attorney to loan you money while he or she is representing you in a case. This is true even if the attorney does not charge interest. (It is appropriate for the attorney to advance money for case-related expenses to help prepare your case.)

Rumor has it that some attorneys will promise potential clients that they will help them with living expenses and that some attorneys actually do it. However, this is wrong, and an attorney who promises to do so or actually does so should be reported to the Tennessee Board of Professional Responsibility at 800.486.5714. Loaning or giving money to clients or potential clients can result in discipline against the attorney, including the loss of his or her law license.

February 19, 2012

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

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

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.