Tennessee Injury Law Center

February 9, 2012

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

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.

February 5, 2012

Tennessee Nursing Home Inspections Now On-Line

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

The Tennessee Department of Health has posted on its website thousands of pages of inspection reports on Tennessee nursing homes.

The Affordable Care Act passed under President Obama required that the reports be more accessible to consumers.

The new postings include one year of reports for each licensed facility. Eventually, four years of reports will be included.

February 2, 2012

Jury Trials in Nashville, Tennessee in 2011

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

The Clerk of the Circuit Courts for Davidson County, Tennessee has released the following statistics for jury trials for 2011:

There were 10 health care liability (medical malpractice) jury trials. The health care providers won six of those cases, the patient won two, and the other two cases resulted in a hung jury.
There were 36 auto liability cases tried, 22 of those to a jury. The plaintiff won 25 of those cases. Note, however, that the word "won" means that the plaintiff recovered some amount of money – not that the amount beat the defendant’s last offer or was otherwise a reasonable amount.
There were only two jury trials in December, 2011 one of which was a health care liability case (defense verdict) and one of which was an auto case (case dismissed by judge).

Despite what one reads in the papers or hears on the news, there are relatively few jury trials. This number has steadily decreased across the entire state for many years.

February 1, 2012

14 Things to Do After A Car Accident

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

Here is a list of 14 things you can do after a car accident:

1. Do your best to remain calm.

2. Assess the scene. Do not get out of your car if it is not safe to do so.

January 31, 2012

Is There A Limit on Damages On Brain Injury Cases in Tennessee?

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

My sister received a significant head injury in an automobile wreck caused when a truck crossed the centerline of a road in Tennessee. Is there a limit on the damages she can recover in the case?

There is no limit on the damages she can recover for medical expenses or loss of earning capacity. However, if the wreck occurred on or after October 1, 2012, 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). Shockingly, a brain injury is not considered a catastrophic loss by the Tennessee General Assembly. Even if an injury is determined to be catastrophic non-economic damages are limited to $1,000,000.

January 30, 2012

How Can I Prove What Happened in My Wife’s Accident?

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

My wife was killed in an automobile wreck. She was alone in the car. The other driver says the wreck was her fault, but I don’t believe it. How can I prove what happened?

You need the help of an experienced automobile wreck attorney to lead an investigation into what happened.

Tennessee law provides that, because your wife is not able to testify about what happened, she is presumed to have been exercising due care at the time of the wreck. However, other testimony and evidence can make that presumption disappear.