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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.

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.

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.

 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. 

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.

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.

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.

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.

 I live in Indiana but was injured in a car accident on Interstate 65 right outside of Nashville.  Do I need a Tennessee lawyer?

You will almost certainly need a Tennessee lawyer.  An Indiana lawyer will probably not be familiar with Tennessee law and will not be able to file a lawsuit here.  Quite candidly, an experienced personal injury lawyer from Indiana would probably be able to negotiate some sort of settlement for you, but once again may be hampered by a lack of knowledge of Tennessee law and procedure that could impact the value received at settlement.

If your hire an Indiana lawyer he or she will probably ask the assistance of a Tennessee lawyer to help him or her with the case.  I have helped lawyers from dozens of states in this situation, and it works quite well if the out-of-state lawyer calls us early enough to protect your rights.   Tennessee law requires that such cases be filed within one year of the date of accident and, unfortunately, several times a year I get a call from an out-of-state lawyer who missed the one year deadline.

I was in a car wreck and have filed a lawsuit.  I hurt my back.  Now the jerk that hit me and his insurance company want to have me examined by a doctor that they hire.  Can they do that?

If your medical well being is in question in a case the opposing party may request that you undergo a medical evaluation by a doctor of their choosing.   That doctor will offer his or her opinion about the nature and extent of your injuries and the impact of those injuries on your later life. That doctor may disagree with your doctor’s opinion as to the nature and extent of your injuries, and the jury will hear from both doctors at trial.  

Under certain occasions, the court may refuse to permit a defense medical examination.  An experienced personal injury lawyer is likely to know the circumstances under which a court will refuse a medical examination or prohibit a certain doctor from conducting the exam.

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