Tennessee Injury Law Center

September 22, 2011

What Deadline Applies in Tennessee To Filing Lawsuits For Injuries to Children?

My son (age 8) was hurt in a car wreck. How much time to I have to bring a lawsuit against the driver responsible for the wreck?

Under the law in Tennessee, there are time limits on which any person can bring a lawsuit against another. The general rule is that a child has until one year after his or her eighteenth birthday to bring a lawsuit to recover for a personal injury. Some people argue, however, that a parent’s claim for medical expenses incurred on behalf of the child must be filed by the parent within one year of the incident causing the injury, and thus it makes sense to consult with a lawyer promptly about any injury to your child that you believe was caused by someone else’s negligence.

Please note that different rules apply if a child was injured as a result of medical malpractice. Medical malpractice claims are subject to a statute of repose. A statute of repose imposes an absolute time limit for bringing a claim regardless of the age of the injured person. The statute of repose for bringing a medical malpractice claim is three years. This means that a medical malpractice claim must be initiated within three years of the date of the malpractice regardless of the age of the injured person. Therefore, for example, a medical malpractice claim for a child injured during birth must be initiated within three years of the date of the birth of the child.

September 21, 2011

How Do I Prepare for a Deposition?

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

I am a plaintiff in a Tennessee car wreck case. I have been told I have to give a deposition. I am very nervous about it. Are there any general rules about such things?

Your lawyer will spend several hours preparing you for your deposition. He or she will thoroughly explain the deposition process and will give you a solid understanding of what is expected of you.

Every lawyer has specific advice for his or her clients about depositions. These tips were written by the author of the Pennsylvania Law Monitor:

September 20, 2011

Tennessee Personal Injury Lawsuits and My Medical History

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

I was hurt in a car wreck and do not think that the other driver’s insurance company will offer me a fair settlement. My neighbor told me that the insurance company will look at my entire medical history before they settle my case. Is that true?

Your medical history is important in any case in which you are claiming to have suffered a physical or psychological injury as a result of someone else’s negligent or intentional act. Your medical history establishes the baseline of your physical or psychological well being before the injury. You can only recover in the lawsuit for the injury caused by the act or omission of the responsible person. You may not recover damages for physical and mental suffering or medical care necessitated by preexisting conditions. When a preexisting condition is made worse you can recover damages for the worsening of the condition. Your medical history will be important to proving this claim.

So, an insurance company may well insist upon the disclosure of your medical history before settling a claim. There are certain limits on what they can require you to reveal. An experienced personal injury lawyer can guide you through this process.

September 6, 2011

Won’t The Best Lawyers Charge More Money To Represent Me in A Personal Injury Case?

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

I was hurt in a wreck caused by a big truck. I need a personal injury lawyer. I want a good lawyer, but I am worried about what it will cost. Won’t a good lawyer charge more?

First of all, most Tennessee personal injury lawyers accept personal injury cases on a contingent fee basis, meaning that they only get paid if they win your case. The fee is a percentage of your total recovery. The larger the recovery the more the lawyer is paid. The lower the recovery, the less the lawyer makes. If your case is not successful you do not have to pay any fee whatsoever.

So, do the better lawyers charge a higher fee? No. In fact, my experience is that many lawyers charge a similar fee and some of the worst lawyers actually charge more than the better lawyers. I believe that when you hire an experienced personal injury lawyer you not only increase the odds of winning your case but you also increase the likelihood of recovering more money. The lawyer you hire makes a big difference.

September 5, 2011

Trouble Finding a Lawyer in a Medical Malpractice Case

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

I was almost given the wrong medicine by a nurse during a recent hospitalization. Fortunately, my wife was in the room and stopped the nurse before she messed up. The doctor said that if I had taken the medicine I would have died. I am having trouble finding a lawyer to take my case. Why? Like I said, I could have died.

The reason you are having a problem finding a lawyer is that the damage you sustained by reason of the "close call" are so small that it makes no economic sense to bring your case. Pardon me for being so blunt, but lawyers who accept medical malpractice cases on a contingent fee basis must be able to recover sufficient damages to earn a fair fee on the effort they put into a case. As you describe your case, the damages are so small that no lawyer can afford to handle the case.

You might be able to find a lawyer to handle your case if you are willing to pay by the hour, but I would caution you against that. You could easily end up spending thousands of dollars pursing your case and, at the end of the day, have little or nothing to show for it.

September 1, 2011

Deadlines for Bringing a Truck Or Bus Wreck Lawsuit in Tennessee

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

How much time do I have to file a claim for a wreck with a tractor-trailer or bus that happened in Tennessee?

In the wreck took place in Tennessee you should assume you only have one year to bring a legal action against the people and companies that caused the wreck unless a competent lawyer with knowledge of all of the circumstances tells you to the contrary.

However, it would be a mistake to wait any significant time to call a lawyer. The insurance and trucking companies often have expert witnesses and lawyers go to the scenes of serious trucking accidents. They are gathering evidence and preparing for a defense, and you need to have a lawyer start doing the same for you. Waiting even thirty days to get legal assistance may mean that valuable evidence is gone and therefore we urge you to contact an experienced truck and bus accident lawyer as soon as possible. Trucking and bus accident cases have been a part of my practice for 30 years.

August 31, 2011

Attorney’s Fees in Worker’s Compensation Cases in Tennessee

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

What do attorneys charge for representing a worker in a worker’s compensation injury case in Tennessee?

The typical charge is 20% of the recovery. The amount of the fee is subject to court approval.

In addition, most lawyers ask to be reimbursed for the expenses they incurred in prosecuting the case. This includes money paid to court reporters for depositions, fees to doctors, and other expenses.

August 30, 2011

Division of Money Won in A Wrongful Death Settlement in Tennessee

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

Who receives the damages recovered in a successful wrongful death lawsuit in Tennessee?

Generally speaking, damages for the personal injury claim (the claim that arises from the period of time between the injury and the death) are distributed under the will of the decedent and, if there is no will, under the law of intestate succession.

Funeral expenses are re-paid to the person who paid the funeral bills.

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.