Tennessee Injury Law Center

August 8, 2011

What Happens After A Trial?

I just won a personal injury case at trial. What happens next?

If either the plaintiff or defendant does not agree with the jury’s decision, they have thirty days from the date that the signed judgment is filed with the Clerk of Court to ask the judge to change the result. The judge has the power to do five things.

First, the judge can set aside the result of the jury entirely and enter a judgment for the other side. This is called a “judgment notwithstanding the verdict.” The judge will do this only if he or she believes that the no reasonable jury could reach the result it did. This is very rare. A judge’s decision to grant or deny a request for a judgment notwithstanding the verdict may be appealed to the Tennessee Court of Appeals.

August 6, 2011

Are There Deadlines for Filing Lawsuits in Tennessee?

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

Are there deadlines for filing lawsuits in Tennessee?

Yes. Statutes of limitation passed by our legislature limit the time to file a lawsuit in all types of cases. The length of time varies depending on the type of case. In most instances you have one year from the date of the incident causing injury or death to bring a lawsuit, although shorter time limitations apply in some types of cases.

There are other laws known as “statutes of repose” that provide absolute deadlines on filing lawsuits. This type of law may result in you losing your rights before you know you have suffered an injury.

August 4, 2011

The Guy That Hit Me Had No Liability Insurance!

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

I was hit by a drunk driver – he ran a red light and broad-sided me. He told the cop that he was drinking at home all day, got in an argument with his wife, left the house, and then had the wreck with me. I spent seven days in the hospital and have missed four weeks of work so far. I still don’t know when I can go back to work. I just found out that the drunk did not have any liability insurance on his car. Now what?

You will have to rely on your uninsured motorist insurance coverage. Look at the declarations page of your insurance policy and see what amount of coverage you have. It is designed to protect you in this situation.

If you have uninsured motorist coverage (and Tennessee law requires your insurance company to sell it to you unless you right it in writing) you will have to collect your damages from your own insurance company. Your company cannot raise your rates because of an uninsured motorist claim.

August 2, 2011

What Happens If I Do Not Answer Interrogatories in a Personal Injury Lawsuit?

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

I am in a personal injury lawsuit. The other side has sent a bunch of interrogatories and I do not want to answer them. It is just too much work and they are asking a lot of questions that are not of their business. What happens if I don’t answer them?

If you don’t provide answers within the time required by law your opponent can file a motion to compel you to answer. The judge will give you additional time to answer.

If you don’t answer in the extended time the judge gives you the judge may order sanctions against you. The judge could even dismiss your lawsuit.

August 1, 2011

Collecting Interest in Personal Injury Cases in Tennessee

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

I was hurt in a wreck with a big truck about six months ago. It wasn’t my fault. I have been waiting for over a year for the case to settle. I lost four 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. Some states do permit the recovery of interest in this type of situation, but Tennessee law does not permit the recovery of interest in personal injury or wrongful death lawsuits.

The only exception to this rule is if you win a case and 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.

July 29, 2011

Limit on Lawsuit Against Local Government in Tennessee

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

My car got rear-ended by a careless police officer driving his patrol car. He was flying – the impact drove the bumper of my car into what used to be the back seat. I was badly hurt. I have heard that I can’t sue the officer but I can sue the city he works for. I have also heard that my right to sue the city is limited. Are those things true?

Yes. In Tennessee you cannot sue the officer but you can sue his employer. However, the total amount of damages you can recover is $300,000. This is true even if your medical bills and lost wages exceed this amount – the most you can recover under any circumstances is only $300,000.

Our firm represents people in claims against state and local governments. We accept many cases on a contingent fee basis, which means that we charge no attorneys’ fee unless we are successful in our case. Please feel free to call for a free consultation.

July 28, 2011

I Just Got A Subpoena!. Do I Have to Go to Court?

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

I live in Nashville and just got served with a subpoena to attend a car accident trial in Franklin, Tennessee. I was a witness to the car wreck but really don’t want to take time off work to go to trial. Do I have to go?

Yes, unless you can work something out with the lawyers involved in the case and the court. A subpoena is a court order that must be obeyed. The court in Franklin has the power to order you to come from Nashville attend a trial.

Call the lawyer who had the subpoena issued and ask if you can be released from the obligation to attend. If not, ask if you can show up at a particular date and time and not just be present on the first morning of trial and then have to wait until you are called as a witness. Most lawyers will be happy to accommodate your schedule if it is at all possible to do so.

July 27, 2011

Car Accident Suit Against the State of Tennessee

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

I was involved in a wreck caused by the negligence of park ranger employed by the State of Tennessee. The park ranger was driving a state vehicle during business hours. I spent three days in the hospital and will have lots of physical therapy. What are my rights?

You have legal rights, but they are limited as compared with those you would have against a private citizen or company.

You cannot sue the park ranger, but you can file a claim against the State. You must first give notice to the State through the Attorney General’s office and, when the claim is denied (it almost certainly will be) you will need to file the claim with the Board of Claims. The Board of Claims follows many of the same rules as the court system, but damages for personal injury are limited to no more than $300,000, regardless of the amount of your lost wages, medical bills, or long-term disability.

July 26, 2011

Understand What Types of Insurance Apply in Car Wreck Cases

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

What types of insurance may apply in a car accident case?

Several different types of insurance coverage apply in a car accident case. First, the at-fault driver’s automobile insurance may apply to cover the damages you sustain in a wreck. In Tennessee, all drivers are required to carry a minimum amount of automobile insurance, specifically $25,000 per person with a cap of $50,000 for each wreck. If two people are injured in a wreck, and the at-fault driver has minimum insurance policy limits, generally speaking the most the insurance company could ever have to pay is $25,000 to each person. If three people are injured in a wreck and the person at fault has minimum limits, the insurance company generally will not have to pay more than $50,000 to all three people combined, and each person cannot recover any more than $25,000. Of course, many drivers break the law and do not carry the required minimum car insurance limits.

In the driver that causes the accident does not have insurance, your own automobile insurance coverage may also apply in a car accident case. This type of insurance coverage is called uninsured motorist coverage. Subject to certain limitations, you may recover under that portion of your own policy if the other driver is proven to be uninsured.

July 26, 2011

What Does It Mean When a Lawyer Says She is Board Certified?

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

What does it mean when a lawyer is “board certified?”

A. Just like doctors can be “board certified” in surgery or pediatrics or a large number of other specialties, lawyers can choose to seek board certification in several different areas in the law.

There are several civil trial certifications available in Tennessee – civil trial specialist, medical malpractice, legal malpractice and family. A civil trial specialist must (a) have a demonstrated level of experience in trying civil cases; (b) pass a written examination that covers certain aspects of civil law, evidence, and ethics; (c) receive positive recommendations from judges and attorneys that he or she has tried cases against; (d) have a good disciplinary history. The attorney applies for civil trial and family trial certification with the National Board of Trial Advocacy, a division of the National Board of Legal Specialty Certification. Medical and legal trial certification is available from another group.