Here is a list of things you should do (or should not do) after a automobile or truck accident:
1) You should call the police. Ignore any request by the other driver to "let the insurance companies handle it" or "keep the police out of it – I can’t afford a ticket."
2) Tell the police officer(s) the truth about what occurred. Do not guess or try to fill in facts.
I came back to my car and found out it was being towed. I asked the tow truck driver why and he said that it was illegally parked. I told him it was not and we got into an argument. He then hit me, breaking my jaw. Can I sue the tow truck company for this injury?
Perhaps. The tow truck company is not responsible for the intentional acts of a tow truck driver, and from the description of the incident it sounds like this was an intentional rather than a negligent injury.
However, an employer can be held to bear some level of responsibility when its employees intentionally cause harm if the employer negligently hired, trained or supervised the employees or negligently failed to fire them if the employer knew or reasonably should have known that the employee presented a risk of injury to members of the public.
Is there a deadline to file a lawsuit for truck wreck cases in Tennessee?
Yes. Statutes of limitation passed by our legislature limit the time to file a lawsuit in all types of cases. The length of time varies depending on the type of case. In most instances you have one year from the date of the incident causing injury to bring a lawsuit, although shorter time limitations apply in some types of cases. In cases involving truck accidents, any lawsuit must be filed within one year of the date of the accident. Failure to file suit on time will result in a loss of your rights.
Given the many factors that must be considered in determining your specific deadline to file a lawsuit, the best course of action if you believe you have a potential legal action is to contact a lawyer immediately. Our firm will meet with you at no charge to help you determine if you have a claim and help you understand what deadline for taking action actually applies in your case.
I think my brother killed our mother. She was living alone in the family home and was found murdered. Because of a history of trouble between our mother and my brother, both my sister and I think he killed her. Can we sue him?
Under Tennessee law, your brother could be sued for wrongful death even if he has not yet been charged, tried, or convicted of the crime of murder. Murder in criminal law would be “battery” under the civil law, and a civil law suit for battery can be filed even if the criminal charges have not been filed. Damages that can be sought for battery include compensatory damages and punitive damages.
In fact, under Tennessee law a person can be found innocent of murder in a criminal case and still be successfully sued for battery arising out of the same incident. Why? Because in a civil wrongful death case the person bringing the lawsuit must only prove the that the defendant killed the decedent by a preponderance of evidence (that is, more likely than not). In a criminal case the State must prove beyond a reasonable doubt that the defendant murdered the decedent. Thus, the criminal court jury could conclude that the State did not prove what it needed to send the defendant to prison but the civil court jury could conclude that more likely than not the defendant killed the decedent and award damages.
There are several types of damages in wrongful death cases. If the case is successful, the survivor(s) can recover damages for medical bills, funeral expenses, loss of earning capacity (reduced by personal maintenance expenses) and loss of the loss, society and affection of the decedent.
For cases arising on or after October 1, 2011, damages for the "loss of love, society and affection of the decedent" are limited to $750,000. The only exception to this rule is if the decedent leaves a minor child. In that situation, the damages for "loss of love, society and affection of the decedent" are limited to $1,000,000.
There is no limit on damages in wrongful death cases in Tennessee for cases that arise before October 1, 2011.
For Tennessee personal injuries occurring on or after October 1, 2011, damages for pain, suffering, loss of enjoyment of life, disfigurement, and all other intangible losses are limited to $750,000.
There are a couple of exceptions for certain defined "catastrophic" losses, such as spinal cord injuries resulting in paraplegia and quadriplegia, significant burn injuries, and two or more limb amputations in a single incident. In these cases damages for pain, suffering, etc. are limited to $1,000,000.
There is not an arbitrary limit on such damages for injuries that occurred before October 1, 2011.
I was injured by a medical error almost a year ago and I have been told that I must bring my claim within the next five days or I will lose my rights. I have called lots of lawyers and none of them will even look at my case – they say that it is too close to the deadline. What’s going on?
Medical malpractice cases (indeed, all lawsuits) are serious undertakings. Medical cases in particular require lots of work. Many lawyers simply cannot drop their commitments to other clients to do the level of investigation necessary to undertake a medical malpractice case on short notice.
It is important to talk to a lawyer soon after you believe you have been injured as a result of someone else’s mistake. There are lots of reasons for this – witnesses disappear, evidence disappears, legal rights can be lost, etc. – but in medical malpractice cases it is especially true.
Here are the results from the jury trials in Nashville, Davidson County, Tennessee Circuit Court in October 2011:
– 3 trials, two defense verdicts, one hung jury
– Settled after 6 days of trial
As a Tennessee medical malpractice attorney for more than 30 years I strongly recommend that you do not attempt to sue any health care provider without the assistance of a lawyer who is experienced in handling health care liability cases. This is complicated, expensive, time-consuming litigation. You don’t want to do it without a lawyer, and quite frankly you don’t want to hire a lawyer who lacks substantial experience in this type of litigation.
