Tennessee Injury Law Center

October 17, 2011

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

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.

October 10, 2011

Social Media and My Lawsuit

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

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.