Tennessee Injury Law Center

October 10, 2011

Social Media and My Lawsuit

I was in a car accident in Murfreesboro and hired a personal injury lawyer to help me resolve my case. She warned me to be careful about Facebook and Twitter. Why?

When you get involved in a personal injury lawsuit after a car wreck, the other driver’s insurance company and its lawyers will investigate you and determine whether there is any information in your background that can be used to destroy your claim or reduce its value. It is not uncommon for the insurance company to look at Facebook and Twitter to determine was you wrote about your accident, your injuries and your post-wreck activities. Likewise, the insurance company will be looking to see what your friends wrote about these matters.

The insurance company will also be looking for pictures of you that can be used to say that you do not have the injuries you claim or that your injuries are not as serious as you claim.

October 7, 2011

Injured By A Taxi In Nashville

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

I was driving in Nashville and was broad-sided by a taxi that ran a red light. I was hospitalized for four days and am not yet back to work. What are my rights?

You have a personal injury claim. Our office has published this Legal Guide to answer your questions on the law of automobile accidents in Tennessee. This Legal Guide will help you understand the damages you may be entitled to receive.

The problem you will face is that many taxis are owned by the individual driver and have very limited insurance coverage. If that is true in your case, you will have to rely on uninsured / underinsured motorist coverage to recover damages.

October 6, 2011

My “Pay for Click” Lawyer Doesn’t Have a Real Office!

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

I responded to a "pay for click" lawyer ad to try to find a lawyer for my car accident case. I met the lawyer at a coffee shop. I asked him where his office was. He gave me a business card with the address. I checked it out on Google Maps and it is an apartment where I guess he lives. Should I be concerned about that? does

Probably. It is a stretch to say that a lawyer who works out of his apartment is not competent, but it is not unfair to question whether a lawyer who lives in an apartment and who does not have a traditional office of any type (a) has the experience you need for your case; (b) has been successful handling your type of case; (c) has the economic resources to invest in your case; and (d) has the support staff necessary to successfully prosecute your case.

There are plenty of lawyers out there who probably charge the same fee as this lawyer but who live and practice law in such a way that you do not have to worry about these issues. Unless you are willing to do a significant amount of work to check out this lawyer’s experience, expertise and financial ability to handle your case, I suggest that you work to find a different lawyer.

October 5, 2011

How Many Personal Injury and Wrongful Death Cases Are Filed Every Year In Tennessee State Courts?

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

What is the number of personal injury and wrongful death cases that are filed every year in Tennessee state courts?

For the year ended June 30, 2010 (the most recent year for which statistics are available) these were 10,469 tort cases filed. (Tort case include all types of personal injury and wrongful death cases, including medical malpractice cases). Included in that total are 324 medical malpractice cases.

There were 263 tort cases tried to a jury in the year ended June 30, 2010, Thirty (30) of those trials were medical malpractice trials.

October 4, 2011

Lawyer Did Not Respond To Motion For Summary Judgment And I Lost. Can I Sue Her?

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

I had a case pending in Circuit Court in one of the counties in Middle Tennessee. The defendant filed a motion for summary judgment and my lawyer forgot to respond on time so the judge dismissed my case. Can I sue my lawyer for not filing papers on time to keep my case alive?

Assuming that your lawyer had proper, timely notice of the motion for summary judgment and she was still representing you at the time the papers were due, she should have filed a response to the motion for summary judgment assuming that there was a good faith reason to oppose it. A lawyer cannot oppose a motion unless there is a good faith basis in the facts and / or the law to oppose it.

If you sue the lawyer, you will have to prove that (a) the lawyer should have filed on response; (b) the failure to file a response caused you to lose the motion; (c) if the case had not been dismissed you would have won the case; and (d) the amount of damages you would have won.

October 3, 2011

Is There A Limit on Punitive Damages in Tennessee Personal Injury and Wrongful Death Cases?

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

Does Tennessee have any limits on punitive damages in personal injury and wrongful death cases?

Yes, for all injuries and deaths that occur as a result of reckless or malicious acts on or after October 1, 2011.

Under the new law, punitive damages are limited to $500,000 or two times the compensatory damages awarded in the case, whichever is more. Punitive damages are not limited in cases involving those who cause harm while under the influence of drugs and alcohol and those who intend to cause physical injury. Punitive damages are prohibited in certain other types of cases.

October 1, 2011

Dog Causes Bicycle Crash – Who Is Liable?

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

I was riding my bike on a residential street in Nashville, Tennessee and a dog attacked me. I know who owns the dog. I crashed my bike and broke my elbow. Is the dog owner responsible for what happened?

Perhaps. I would need more facts but under Tennessee law dog owners are not supposed to let dogs run at large and are responsible for the harm caused by the dog if the dog is permitted to run at large.

September 30, 2011

Do I Have to Give A Deposition in My Car Accident Case?

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

I have a car wreck case and my lawyer says that the insurance company wants to take my deposition. Do I have to do it? the idea makes me very nervous.

A deposition is testimony given by a plaintiff, a defendant or witness in a lawsuit before the case actually goes to trial. The person giving the statement is called the deponent. At the beginning of the deposition the deponent is asked to swear or affirm that the statement will be truthful. The deposition is taken by a lawyer asking questions of the deponent. Usually, the lawyer for the plaintiff will take the deposition of the defendant and the lawyer for the defendant will take the deposition of the plaintiff. Either lawyer may take the deposition of other people who have knowledge about facts important in the case.

You can’t be forced to give a deposition, but the judge can dismiss your case if you are asked to do so and you refuse. By filing a lawsuit you have to comply with the rules of procedure in our court system and there are consequences for failing or refusing to follow those rules.

September 29, 2011

Why Is My Life Expectancy Important In A Tennessee Personal Injury Case?

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

I have a car accident case coming to trial soon in Clarksville, Tennessee. My lawyer said he had to give the jury proof of my life expectancy. Why?

Apparently, your doctor has said that you have a permanent injury that will impact you for the rest of your life. Thus, the jury must have some evidence of how much longer you are likely to live, and that means that it must hear some evidence of life expectancy.

Usually, this evidence comes from government documents. In some cases, such as those where children or adults have brain injuries or or other catastrophic injuries, medical experts are asked to testify about life expectancy.

September 28, 2011

Why Do Judges Tell Witnesses Not To Answer Some Questions?

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

I was on a jury recently. One lawyer made some objections to questions asked by the other lawyer and the judge told the witness not to answer the questions. Why did the judge do that?

Judges rule on objections made by lawyers and apply the rules the evidence. The rules of evidence prohibit some types of information from being heard by a jury. These rules are developed to make a trial as fair as possible, consistent with certain public policy considerations.

For instance, a jury will rarely be permitted to hear about settlement negotiations between the parties to a lawsuit. The reason for this rule is that the law wants to encourage people to discuss settlement without having that be used against them later in a trial. If the law of evidence permitted a jury to learn about settlement negotiations people would be less likely to discuss settlements. This would mean more trials, more costs, and more delays in our system.