Tennessee Injury Law Center

November 17, 2011

What Is The Maximum Fee A Lawyer Can Charge in A Wrongful Death Case?

What is the maximum fee a lawyer can charge in a wrongful death case in Tennessee?

In medical malpractice cases (now formally called "health care liability" cases after a change in the law effective October 1, 2011) the maximum contingent fee a lawyer can charge is 33 and 1/3 rd percent. In other words, the lawyer can enter into an agreement with you to charge 1/3rd of the recovery he or she is able to make on your behalf.

In all types of personal injury and wrongful death cases no statute limits or otherwise sets the amount of the contingent fee. The amount of the fee is set by agreement between the lawyer and the client. The rules of professional conduct for lawyers require that a contingent fee agreement be in writing.

November 16, 2011

How Do Lawyers Use Interrogatories?

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

I am involved in a lawsuit and I had to answer interrogatories. How do lawyers use interrogatories at trial?

Interrogatories are written questions sent from one party in a lawsuit to an opposing party about issues related to the lawsuit. For example, in a lawsuit arising from a motor vehicle collision, each driver may send interrogatories to the other ask for driving histories, including whether the opposing driver has ever received a driving citation. The party responding to interrogatories must sign a statement swearing or affirming that the responses to the interrogatories are true.

How are answers used at trial? Assume for example that you were served with an interrogatory that asked if you were aware of any witness to the car wreck involved in the case. Assume that you said in answer to the interrogatory that you were not aware of any witnesses, but then attempted to call an eyewitness at trial. Unless the opposing party had knowledge of the eyewitness by some other means, the trial judge may well exclude the eyewitness from testifying at trial because you did not include the name and address of the eyewitness in your interrogatory answers.

November 15, 2011

Why Won’t a Lawyer Take My Case?

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

I believe I have a valid medical malpractice case. A nurse put an IV in wrong, my arm swelled up with fluid, and it really hurt. I’m alright now, but my arm hurt really bad for almost a week. But no lawyer will take my case. What’s going on?

My guess is that no lawyer will take your case because the damages – pain and suffering for about a week – are so small that the cost of bringing the case is too great in relation to its value.

To prove your case, a nurse would have to testify that the nurse who cared for you made a mistake that should have been avoided. Then, a doctor would have to testify that nurse’s error caused you an injury and resultant pain.

November 14, 2011

Is The State of Tennessee Liable for Punitive Damages?

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

I was hurt in a car wreck. The wreck was caused by a state employee driving at a very high rate of speed during work hours. The employee was working at the time of the wreck. The officer told me that the state employee’s conduct was reckless. Can I recover punitive damages in a claim against the State of Tennessee?

No. Tennessee law permits you to sue the State of Tennessee when one of its employees negligently causes a car wreck and resulting property damage and injuries, but claims for punitive damages are not permitted under any circumstances. This is true even if the conduct is reckless and you would have been able to collect punitive damages if the wreck had been asserted against a private individual.

Compensatory damages may be sought, but they are limited to $300,000 per person and no more than $1,000,000 per incident.

November 11, 2011

Does My Employer Have To Pay My Medical Bills If I Get Hurt On The Job?

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

I am a truck driver with a big trucking company in Clarksville, Tennessee. I hurt my back unloading a truck. The doctor says that I need an MRI but my boss says they are too expensive. Does my employer have to pay for the MRI?

If the company doctor says you need a particular test or treatment, you are almost certainly entitled to it. Employers are obligated to pay all reasonable medical care for employees who are hurt on the job. It will be very hard to argue that he doctor selected by your employer to care for you has unreasonably suggested that you need a MRI.

An experienced worker’s compensation attorney can help you get the medical care you deserve and, if you have a long-term problem as a result of your injury, help you receive benefits for permanent partial disability.

November 9, 2011

Can I Sue the Store That Sold Me A Defective Product That Hurt Me?

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

I bought a blender at a local retail store. The first time I used it the glass container exploded and sent glass all over my kitchen, and into my arm, face and chest. I told the store and they said they would give me a new one. I don’t want a new blender – I want my medical bills paid and I want plastic surgery to reduce the severity of the scars on my face. Can I sue the store?

Maybe. First, it makes a difference whether you were injured before October 1, 2011. If you were injured before that date, you may be able to assert a claim for breach of warranty against the store that sold you the blender.

If you were injured on or after October 1, 2011, you can’t sue the store unless (a) the store damaged the blender and caused the problem; (b) the manufacturer has been declared insolvent or (c) the manufacturer cannot be sued in Tennessee. As you can see, the new law makes it harder for Tennessee consumers to sue retailers who sell defective or unreasonably dangerous products.

November 5, 2011

My Medical Insurance Company Wants Money From My Tennessee Car Accident Settlement

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

I just settled my personal injury case and my lawyer told me that I have to re-pay my medical insurance company the amount they paid for my medical bills from the accident. That doesn’t seem fair. Is my lawyer right?

Your lawyer is probably right. Most medical insurance policies have what are known as subrogation or reimbursement clauses. These insurance policy provisions mean that if you get hurt and collect medical bills paid by your insurance company from the person who hurt you your insurance company gets paid back.

If your insurance through a government-sponsored program like Tenncare or Medicare you also have a responsibility to re-pay the government out of any settlement you receive as a result of a car accident.

November 3, 2011

What Does “No Recovery, No Fee” Mean?

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

I was in a truck wreck in Clarksville, Tennessee and need a lawyer. What does "no recovery no fee" mean?

Lawyers who represent people in car wreck and truck wreck cases (as well as most other personal injury or wrongful death cases) often work for a contingent fee. A "contingent fee" means that lawyer takes a percentage of the money he or she is able to get for you from the at-fault driver’s insurance company. If you don’t win the case, the lawyer charges no fee.

Most lawyers also charge the client for the expenses they incur in the prosecution of the case. Learn more about the types of expenses that are incurred by reading this Legal Guide.

November 2, 2011

My Mother Was Given A Drug Overdose In A Nursing Home!

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

My mother was in a nursing home for rehabilitation after hip replacement surgery. She was given a double-dose of blood thinner and had a stroke. Now, she will be in a nursing home the rest of her life. What are her rights?

The answer to those question can be fully answered only after a review of relevant medical records and consultations with one or more doctors and other health care professionals.

An experienced medical malpractice lawyer will want evaluate those records and talk with the health care professionals to confirm that given the extra dose was medical negligence and that it actually caused your mother’s stroke.

November 2, 2011

What is A Confidentiality Agreement?

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

I have read this stuff about Herman Cain and the claims of sexual harassment against him. I also heard that there was a confidentiality agreement as part of the settlement with the woman or women. What is a confidentiality agreement?

A confidentiality agreement is a part of some settlement agreements in some types of civil litigation. Typically, confidentiality agreements prohibit the parties from discussing the terms of the settlement with any one other than attorneys and financial advisors. Confidentiality agreements may also include anti-disparagement provisions, which means that each of the parties to the agreement are prohibited from saying disparaging things about the other parties. It is not uncommon for these agreements to provide that the parties are cannot talk about the facts giving rise to suit, the lawsuit itself, or the terms of the settlement, but can say that "the case was settled on terms mutually acceptable to all concerned" or words to that effect.

Confidentiality agreements are common in settlements of medical malpractice cases, products liability cases, employment cases, and very large personal injury and wrongful death cases. They are used in other types of cases as well.