Tennessee Injury Law Center

November 1, 2011

A Lawyer Wrote in His Blog About My Car Accident!

I was in a car accident on Interstate 24 near Murfreesboro a few weeks ago. I was in the hospital for a few days and when I got home I had to miss several weeks of work. I was playing around on the Internet to see if there was anything on there about my wreck (traffic was messed up for two hours) and I discovered a lawyer had written about my wreck. My name wasn’t used but all of the other details were there. Why is he doing that?

This lawyer is doing two things. First, he is hoping that you will Google your accident, find his post, and then hire him to help you (or the other driver) with all any potential lawsuit.

Second, this attorney is trying to put something on his blog to keep it current in the hope that it will rank higher in search engines like Google. Google likes new content. So, rather than write something substantive that actually will do readers some good, these lawyers write about accidents. In fact, some of these posts are not written by the lawyer at all. Some lawyers hire ghost-writers to write blog posts to create "content" and make Google think that their blog has some substance.

November 1, 2011

Fire in the Operating Room Results in Burn Injury

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

My neighbor was burned when she being operated on in a hospital. How did that happen? Can these type of fires be prevented?

Approximately 600 – 650 people are injured each year in operating room fires. Consequences of a surgical fire can be deadly or leave people with horrible pain and disfiguring scars. Fires can occur in any setting where invasive surgical procedures are performed. Experts indicate that the basic principle to remember is that people start most fires, and people can prevent them.

This has been a problem for many years. This article from a 1994 edition of Today’s OR Nurse tells us that (1) Every operating room has the elements necessary to start a fire: oxidants (O2, N2O), ignition sources, and fuel; (2) A team approach, including nursing, anesthesia and surgery members, should be used in assessing fire safety in the operating room; (3) Staff knowledge of fire safety can be assessed by written tests. An appropriate fire safety program can be developed based on the test results; (4) Fire evacuation drills and hands-on use of fire extinguishers should be included in any OR fire safety program. Now, almost 20 years later, fires continue to occur.

October 31, 2011

Can I Sue a Murderer?

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

My brother killed our mother. My brother and I are her only children. Can I sue him?

Under Tennessee law someone has the right to sue your brother and it might be you. The act of murder under the criminal law is known as "battery" in the civil law. One who commits an act of battery must pay damages for the harm he or she causes.

Your father would have the right to file suit assuming he is still alive and was married to your mother at the time of her death.

October 26, 2011

Should I Hire an Out-of-State Lawyer for My Truck Wreck Case?

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

I was hurt in an accident with a big truck. I live in Tennessee and the wreck occurred in Tennessee. My research has identified a bunch of out-of-state lawyers who say they specialize in my type of case. Can I hire an out-of-state lawyer to represent me in this case?

Yes, although the out-of-state lawyer must either have a Tennessee law license or must work with a Tennessee lawyer on the case.

The more important question is why would you hire an out-of-state lawyer to represent you? There is a real advantage to hiring a lawyer who is familiar with Tennessee law (the law of every state is a little different) and who knows the way our legal system works. There are some very good trucking accident attorneys in this state and thus it rarely makes sense to go to the trouble of finding an out-of-state lawyer to work on a case.

October 25, 2011

I Was Hit By a Mail Truck! Can I File A Lawsuit?

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

I was in an automobile wreck with a truck driven by a mail truck. The wreck happened on the interstate in Robertson County, Tennessee. Can I sue the driver and the Post Office for my injuries?

You can sue the Post Office, but there is a special process that must be followed. The Post Office can only be sued in federal court after the failure of a special claims process.

The law that gives you the right to sue the Post Office is the Federal Tort Claims Act. The claim must be filed within two years of the date of the accident. A special claim form must be used to file the case with Post Office. If Post Office rejects the claim or does not act on it within six months you will have to file suit in federal court.

October 24, 2011

Does Tennessee Permit the Recovery of Pre-Judgment Interest in Personal Injury Cases?

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

I was hurt in an intersection wreck case about nine months ago. It wasn’t my fault. I have been waiting for over a year for the case to settle. I lost three months of wages and have had to pay some medical bills that were not covered by my health insurance. Can I get the insurance company to pay interest on my settlement? It doesn’t seem fair that they can delay my settlement and not have to pay interest.

Not under Tennessee law. Tennessee law does not permit the recovery of interest in personal injury or wrongful death lawsuits. Some states to have such a law and it encourages insurance companies to act more promptly and be more reasonable in their evaluation of cases.

The only exception to this rule is if you win a case. When you win a judgment is entered by the court you are permitted to recover interest. Interest accrues at the rate of 10% per year on the amount of the judgment that is unpaid.

October 21, 2011

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

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

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.