Tennessee Injury Law Center

July 28, 2011

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

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.

July 25, 2011

My Daughter Has Been Sexually Abused by Her Father!

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

I just discovered that my ex-husband has been sexually abusing my 12-year old daughter. What do I do? I am scared and very angry.

Here are my thoughts:

Immediately report this matter to the police. If there is any physical evidence of the abuse that you can readily put your hands on take it with you.
Cooperate fully with the police. Your daughter will almost certainly need a medical examination. Cooperate with that effort.
Follow any reasonable instruction from the police department and the medical personnel.
If there is sufficient evidence the police will probably arrest your ex-husband immediately. You will then be safe to go home.
Talk to a lawyer about getting a court order keeping your ex-husband away from the house, you and the children of the event he makes bond and is able to get out of jail. If there is any visitation it should be supervised. You may also have to seek the help of the court where you were divorced, so you should contact the lawyer who represented you in the divorce and seek his or her help.
Get your daughter (and perhaps your other children) counseling. If you cannot afford private counseling the area rape trauma and sexual abuse center will give you a list of names of counselors who work for reduced rates. Some centers even provide some level of free counseling. You may need counseling yourself.
You may wish to talk to a lawyer about filing a civil lawsuit against your husband. Sexual abuse is not only a crime but can also result in civil liability. Your divorce lawyer may or may not be the right lawyer to help you with a civil lawsuit – it depends on what experience he or she has with this type of claim.

July 25, 2011

Army Medical Malpractice

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

I was a victim of medical malpractice in an Army hospital in Tennessee. What are my rights?

There is a process established in the law that permits victims of medical malpractice caused by employees of the Army, Air Force, Navy or Veteran’s Administration to take legal action. First, appropriate notice must be given and then, when the claim is denied, suit must be filed in federal court.

Tennessee medical malpractice and damages law will control your case, even though it must be filed under a special federal law. Here is a summary of Tennessee medical malpractice law. Please note that federal law generally gives more time to file suit than state law – you need to talk with an experienced medical malpractice lawyer to assist you in determining how much time you have to file suit under the federal statute. Failure to file suit on time will result in a loss of whatever rights you have, so be sure to contact a lawyer quickly.

July 21, 2011

Missing Days From Work After Auto Accident

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

I was hurt in an automobile wreck and missed 10 days from work. Fortunately, I had some sick days and some vacation pay left so I still got my normal pay check. Does the fact that I got paid mean that I cannot claim "lost wages" when my lawyer and I try to settle my case with the at-fault driver?

Under Tennessee law you can recover your lost wages under this senario. Wny? Because the law states that the at-fault driver does not get the benefit your "sick days" or your vacation time. You had to use them to recover from injuries caused by another’s negligence and therefore you have lost the opportunity to use those days in the future. Thus, you can get paid for those days by the at-fault driver even though you do not have an out-of-pocket loss of those days.

July 19, 2011

Will My Criminal Record Come Back to Haunt Me in My Personal Injury Trial?

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

I have a tractor-trailer wreck case that goes to trial in about six weeks. I am afraid that the jury will learn that I served two years in prison on a burglary charge about 15 years ago. I feel like I paid my debt to society and I don’t want my mistake of many years ago held against me now. Will the jury be told about my crime?

No, assuming that you told the truth about it in this litigation any time you were asked about it.

During the discovery process it is common to ask an opponent about past criminal charges and convictions. These questions must be answered truthfully. Proof of a prior felony conviction ordinarily is not admissible at trial in Tennessee if the conviction is more than ten years old., but it is permissible to ask about "old" convictions and charges during the discovery phase of the case.

July 19, 2011

How Many Jurors Must Agree in a Truck Accident Case?

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

I am involved in a truck 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.

July 18, 2011

Lawyer Wants to Charge Me For First Class Airfare!

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

I have a personal injury case that was just settled. I agreed to pay a contingent fee and the lawyer’s out of pocket expenses. One of the expenses is a first class airline ticket from Nashville to Atlanta for a deposition – at the cost of $1500! Can the lawyer charge me for that expense?

You should contest the charge, but at the end of the day what will happen will depend on the exact language of the contract, your persistence, and the lawyer’s conscious.

There is nothing legally wrong with the contract providing that the lawyer gets to fly first class at your expense. If that is what you agreed to do then you are legally on the hook.