Tennessee Injury Law Center

August 29, 2011

Tennessee Wrongful Death Lawsuits

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

Who has the right to file a wrongful death lawsuit in Tennessee?

Generally speaking, these are the rules for who may file a wrongful death lawsuit inTennessee:

A lawsuit for the death of a husband can be filed by his wife, his executor or the administrator of his estate.
A lawsuit for the death of a wife can be filed by her husband, her executor, or the administrator of her estate.
If a person is single at the time of his or her death, the lawsuit can be maintained by his or her adult children or, if there are no adult children, by his or her parents. The lawsuit can also be filed by an executor or administrator.
If a person is a single minor at the time of death, the lawsuit can be maintained by his or her parents. If the parents are divorced, special rules apply. The lawsuit can also be filed by an administrator.
If the decedent did not leave a spouse or child and was predeceased by his or her parents, the law permits a sibling to file suit. The lawsuit can also be filed by an executor or administrator.
There are exceptions to these general rules. An experienced wrongful death lawyer can explain whether an exception is applicable if he or she is advised of the nature of the family situation.

August 25, 2011

Call From Lawyer Soliciting Case

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

I was in a car wreck last month. I was hurt pretty bad. I got home from the hospital last night and a lawyer called me and said that he wanted to represent me in my case. I have no idea who this man is or how he got my name and telephone number. Nobody in my family has ever heard of him and I asked the lawyer who did my divorce case about him and she said she never heard of him. Can he call me like this? Should I hire him? He said he could get me a lot of money.

This lawyer is a scumbag – not only should you not hire him but you should report him to the Tennessee Board of Professional Responsibility. Rule 7.3(a) of the Rules of Professional Conduct says this about soliciting a potential client by telephone: "(a) If a significant motive for the solicitation is the lawyer’s pecuniary gain, a lawyer shall not solicit professional employment by in-person, live telephone, or real-time electronic contact from a prospective client who has not initiated the contact with the lawyer and with whom the lawyer has no family or prior professional relationship." The Comment to the rule explains why is exists:

[1] There is a potential for abuse inherent in direct in-person or live telephone contact by a lawyer with a prospective client known to need legal services. These forms of contact between a lawyer and a specifically targeted recipient subject the layperson to the rivate importuning of the trained advocate in a direct interpersonal encounter. The prospective client, who may already feel overwhelmed by the circumstances giving rise to the need for legal services, may find it difficult fully to evaluate all available alternatives with reasoned judgment and appropriate self-interest in the face of the lawyer’s presence and insistence upon being retained immediately. The situation is fraught with the possibility of undue influence, intimidation, and overreaching.

August 24, 2011

Kidney Problems After Food Poisoning. What Are My Rights?

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

My wife had hamburger steak dinner in a Clarksville, Tennessee restaurant about one week ago. About three hours later she began developing severe nausea, bad stomach cramps and diarrhea. She ended up in the hospital with kidney problems and the doctor said that she had an infection caused by e coli. Her kidney may be permanently damaged. What are her rights?

It is estimated that 76 million foodborne illness cases occur in the United States every year after eating foods contaminated with such pathogens as E. coli O157:H7, Salmonella, Hepatitis A, Campylobacter, Shigella, Norovirus, and Listeria. Each year approximately 325,000 people are hospitalized with a diagnosis of food poisoning, and some 5,000 die.

First, you should contact your local health department and report the problem. The health department should immediately inspect the restaurant. This will reduce the likelihood that additional people will suffer the same problems you developed.

August 24, 2011

Tire Blew Out on Interstate 24 in Tennessee. What Are My Rights?

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

I just bought four new tires on my call three weeks ago. As I was driving down Interstate 24 near Nashville the front tire blew out, causing me to lose control of my car. The car rolled and my entire family was hurt in the wreck Do we have any rights against the manufacturer of the tires?

Perhaps. It is essential that you contact a lawyer who has experience in products liability cases as soon as possible. It the meantime, preserve whatever is left of the tire and the other tires on the car. Also, the entire car should be preserved – do not permit your auto insurer to allow it to be destroyed.

You will need the tire itself so that you can determine what went wrong with it (if anything). You need to preserve the other tires and the car so that an expert can better understand what caused the wreck and what, if anything, was wrong with the tire that blew out.

August 23, 2011

How Much Time Do I Have To File A Lawsuit After The Death of My Wife In A Car Wreck?

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

My wife was hurt in a car wreck in Middle Tennessee on June 21, 2011 and died in the hospital two days later. What is my deadline for filing a lawsuit against the driver who caused the wreck?

Unless a lawyer familiar with all of the facts advises you to the contrary, you should assume that you must file suit a lawsuit against the responsible parties before the one-year anniversary of the wreck.

In some states the date of death triggers the start of the time period to take legal action. That is usually not so in Tennessee. Thus, to be safe work under the assumption that the one-year period starts to run from the date of the original injury that later resulted in death.

August 22, 2011

How Many Jurors Must Agree in a Bicycle Accident Case?

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

I am involved in a bicycle accident case in Tennessee state court . How many jurors must agree to a given result?

Unless the parties to the lawsuit agree otherwise, twelve jurors will decide the case and all twelve must find in favor of the plaintiff (the person bringing the lawsuit) or the defendant (the person or entity that has been sued.) If less than twelve people agree on the outcome, the judge will declare a mistrial and the case will have to be tried again.

August 19, 2011

Should I Hire A Lawyer Who Says She Has An “In” With the Judge?

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

My 8-year old daughter was killed in a car wreck six months ago. I have been avoiding it forever but I need to hire a lawyer. I go to church with a lawyer and she says she can do a great job for me because she has a special relationship with the judge. That seems important to me. Should I hire her?

No. Lawyers who say such things are scumbags. 99.9% of judges would never allow their personal feelings for a lawyer to directly affect the outcome of the case. To do so would be unethical, and 99.9% of judges would never consider acting in such a fashion.

It is true, of course, that judges tend to respect lawyers who are prepared, who show up to court on time, who understand law and court procedure, and who answer the judge’s questions directly and honestly. And judges, like every other human, would tend to more readily accept the word of a lawyer who earned respect than a lawyer who demonstrated that he or she was not entitled to respect. But disregard the facts or the law simply because of a personal relationship? No, it rarely happens.

August 18, 2011

Should I Hire A Lawyer Who Seems to Have Good Results But Also Seems Like a Jerk?

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

I was involved in a wreck with a big truck. I am now out of the hospital and need to hire a Tennessee personal injury attorney. I met with a lawyer. He seemed like he knew what he was doing but he was a jerk and his office was an absolute disaster – I don’t know how he can find anything in there. I am nervous about hiring him, but I am not sure what I should do.

Lawyers are people (really!) and have different personalities. There are some inaccuracies in every generalization, but most lawyers would agree that lawyers who successfully try personal injury and wrongful death cases tend to more aggressive than passive, more self-confident (or perhaps even arrogant) than unusually humble, and better communicators than certain other types of lawyers. Frankly, lawyers who lack self-confidence do not belong in courtrooms.

Thus, before you hire a lawyer you need to meet the lawyer – it was very wise of you to do that. Do not rely solely on a commercial or a website description of the lawyer or the lawyer’s firm. Sit down and talk with the lawyer, preferably in the lawyer’s office, and try to figure out if (a) the lawyer is the type of person you want to work with during the pendency of your case; and (b) the lawyer is the type of person you want as your advocate before a jury if your case has to be tried. Use your common sense in making this decision, remembering that if the lawyer comes off as a jerk to you he will probably come off as a jerk to a judge and jury.

August 17, 2011

The Lawyer Who Wants My Case Works All Alone!

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

I went to meet with a lawyer about my personal injury case. He wants my case, but he works all by himself – no assistant, no secretary, and no other lawyer? Is this something I should consider in determining who to hire as my personal injury lawyer?

Yes. Lawsuits of any size are a team effort, and each person in the office plays an important role in helping preparing the case and maximizing the recovery for the client. Thus, you should look at the other lawyers and staff in the office and determine whether they can work as a team to help you with your case.

On our larger cases we almost always have two or more lawyers working on every case. Why? Assigning two or more lawyers to every case means that if one lawyer is busy in trial or is out-of-state taking depositions in other cases work can still be done on your case.

August 16, 2011

Why Does It Mean When A Personal Injury Lawyer Says That She Belongs to The Bar Association

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

I am looking for a lawyer and some of them say that they are members of various bar associations. Is that important?

Many lawyers advertise that they are members of the Tennessee Bar Association, the American Bar Association, and / or their local bar association. Mere membership in these organizations tells consumers virtually nothing about a lawyer’s competence – all one needs to join these organizations is a law license and the money to pay the dues.

However, active membership in a bar association tends to indicate that the lawyer is interested in advancement of his or her profession. This is a relevant factor to be weighed by consumers because at a minimum it indicates a passion for the law. A lawyer who has been active in bar associations will list those activities on his or her website. Those that do not list activities probably have not been active and are probably just dues-paying members.