Tennessee Injury Law Center

October 21, 2011

What Happens If I File Bankruptcy During My Personal Injury Case?

I have a truck wreck case pending in Tennessee state court. My financial situation is bad and it looks like I have to file bankruptcy. What effect will that have on my personal injury case?

First, I urge you to talk to your personal injury lawyer before filing bankruptcy. This is essential.

Second, if you file bankruptcy you must list your pending lawsuit as an asset. Failure to do so will create a big problem for you. Then, you truck accident case lawyer must get approval of the bankruptcy trustee and the bankruptcy court to continue to represent you.

October 20, 2011

My Neighbor Killed My Dog!

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

My neighbor and I have been fighting about my dog for years. My dog stayed in my yard, but it barked a lot because the kids in the neighborhood would torment it.

Anyway, I woke up this morning and my dog was dead. I looked in his dog bowl and there was some substance mixed in with the food. I took it to my vet and she said that the substance was rat poison and that my dog ate it and bleed to death internally.

I asked my neighbor about it and he just laughed. I went to the hardware store in town and the lady that owns it said my neighbor was in there two days ago and bought some rat poison.

October 19, 2011

Best Personal Injury Attorney For My Car Wreck Case

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

I was hurt in a car wreck and I need a personal injury lawyer. How do I figure out which lawyer to hire?

If you look around it seems like there are thousands of lawyers who say that they handle personal injury and wrongful death cases. In Tennessee and many other states, any lawyer can say that they do personal injury and wrongful death litigation, and it is left to the consumer to figure out what to look for in determining which lawyer to hire for your case.

We have created a Legal Guide that will help you conduct the right research and ask the right questions so that you can hire the best lawyer for your case.

October 18, 2011

Do I Have To Give A Deposition? I Have Nothing To Do With the Case.

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

I saw a car wreck last year. Apparently a lawsuit was filed and now they want to take my deposition. I got a subpoena saying I have to show up at some lawyer’s office and give a deposition. Do I have to do it?

Yes. There are a couple technical rules that the lawyer had to follow concerning proper notice of the deposition, proper service of the subpoena, selecting a proper location for the deposition, but assuming the lawyer did those things right then you have to show up unless you receive permission from the lawyer issuing the subpoena not to show up.

Sometimes lawyers will subpoena a person to a deposition only because the person refuses to have an informal meeting with them and discuss the case. If that is true in your situation, you may wish to meet with the lawyer and perhaps the deposition will be canceled. Remember, however, that there are probably at least two lawyers involved in the case and the lawyer for each of the parties to the case will want to know what you saw. So, it might actually be easier for you give a deposition.

October 17, 2011

What Does It Mean When a Lawyer Offers a “Free Consultation?”

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

I see all of these lawyers saying that they will give me a free consultation. What does that mean?

Lawyers are just like anyone else – they have only so much time in a given day. To make a living, many lawyers charge by the hour. Other lawyers charge a flat fee for a given service. Other lawyers charge a contingent fee, which means they get paid only if they win your case and, and the case is won, they take a percentage of the money they win on your behalf.

So, when a lawyer says that he or she will provide a free consultation it means that they will sit down with you, hear about your problem, and give you some initial thoughts about it, at no charge or obligation to you. This meeting gives you a chance to "interview" the lawyer and the lawyer the chance to interview you. At the end of the meeting you are free to decide that you do not want to hire the lawyer and, likewise, the lawyer may decide that he or she cannot help you with your problem.

October 17, 2011

Car Accident – Other Driver Smoking Pot

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

My car was broadsided when another driver ran a red light. He reeked of pot, and the cops gave him a ticket for operating under the influence. I thought you could only get a ticket for operating a vehicle under the influence of alcohol?

Marijuana affects one’s ability to operate a vehicle. Recently published research indicates that the when one is using pot that overall odds of a crash are 2.66 times higher than for those who were not using it.

Tennessee Code Annotated Section 55-10-401(a)(1) provides that

October 14, 2011

“I Have Been Sued!” Now What?

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

I was involved in a car wreck in Springfield, Tennessee last Spring and last Friday I got sued. What do I do now?

First, call your insurance agent and tell him or her that you have been sued.

Second, your agent may tell you to send the papers to him or her. Do it promptly. Make sure you can prove that you sent the papers. If the agent gives you the name, address and telephone number of someone else who needs to receive the papers, send the papers to that person. Once again, make sure you can prove that you sent the papers.

October 13, 2011

Is My Lawyer Holding My Settlement Check Just To Collect Interest?

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

My lawyer just settled my Tennessee personal injury case. I signed the check and the other papers. Now my lawyer says I can’t have the money for ten days because he has to hold the check in his trust account until it clears. That can’t be right. Is he just skimming the interest off my money?

No. Your lawyer is doing exactly what he is required to do. Lawyers must maintain a separate bank account known as a trust account. It is for client funds – and only for client funds. When a check is deposited into that account, the lawyer cannot write a check out of that account until the deposited check clears the bank. For out-of-state banks, that can take ten business days. Sometimes the check can clear more quickly, but ten business days is a standard time.

Your lawyer is not making interest on the money. The interest that is earned is taken by the bank and given to the Tennessee Bar Foundation which in turn donates the money to advance justice. Thus, your lawyer has no financial reason to hold your money one second longer than he must to meet the ethical obligations involved in administering a trust account.

October 12, 2011

Car Accident – Why No Ticket?

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

I was in a car accident in Clarksville, Tennessee. The guy that hit me ran a red light but the police officer did not give him a ticket. Three people told the officer that the guy ran the light! What’s going on?

Probably nothing is going on other than the officer giving the driver a break. It is not uncommon for police officers not to give tickets in this type of situation.

The failure of the officer to give a ticket will not affect your rights to bring a claim against the driver. In fact, if he received a ticket and paid it you would not be able to introduce that fact as evidence at a personal injury trial.

October 11, 2011

Can I Sue the Bar that Served the Drunk Driver?

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

I was hit by a drunk driver and was seriously hurt. The police officer told me the guy tested .20 – over twice the legal limit. I found out that the guy spent all afternoon in a local bar and was on his way to another bar when he hit me. Can I sue the bar where he got drunk?

Perhaps. Tennessee law permits you to sue a bar that over-served a drunk driver if you can prove beyond a reasonable doubt that they served alcoholic beverages to a visibly intoxicated person.

If your information is correct and the drunk was only served at one bar, you must then be able to demonstrate that he was visibly intoxicated and therefore the bar should have stopped serving him. You also must be able to demonstrate that the driver’s drunken condition contributed to cause the wreck.