Tennessee Injury Law Center

June 29, 2011

Boating Accident – Other Boater Was Drunk

I was fishing at Tims Ford lake and a ski boat came around a corner and hit my small boat. I was thrown into the water and received a compound fracture to my leg and a bad cut. The leg became infected. The other boater was drunk? What are my rights?

Tennessee has laws that govern the operation of boats and it is just as illegal to operate a boat under the influence of alcohol as it is to operate a vehicle under the influence.

Thus, you have a claim against the boater who ran into you just as you would if you have been hit by a drunk driver on Hwy 50 between Lynchburg and Winchester.

June 28, 2011

What Happens When a Lawyer Messes Up?

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

My lawyer missed the deadline for filing my lawsuit. What are my rights?

You may well have a case against your lawyer. To prove that case, you have to prove that the lawyer should have filed the case on time and, if he or she had done so, you would have prevailed in the case.

So, you really have two separate cases. First, you have to prove the lawyer’s error. Second, you have to prove that you would have won the underlying case and the the amount of damages you would have won. If your original case had no merit, your case against the lawyer will not be successful. Why? Because the lawyer’s failure to file your case on time did not cause you any damage – you would have lost the case anywhere.

June 24, 2011

My Neighbor Says I Don’t Need An Attorney in My Car Wreck Case

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

I was hurt in a car wreck. It was not my fault. My neighbor doesn’t think I need a lawyer because I did not get hurt. Is she right?

If you weren’t hurt you probably do not lead a lawyer to assist you unless you have difficulty getting the other driver’s insurance company paying for the damage to your case. Usually, property damage claims can be worked out without legal advice.

If you had been injured in the wreck, you may well have needed the advice of an experienced personal injury lawyer. Our firm does not charge for an initial consultation with a potential client.

June 23, 2011

Do I Have To Repay My Auto Insurer If They Pay My Medical Bills?

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

Do I have to repay my automobile insurance company if they pay my medical bills from my medical payments coverage and I recover a settlement from the at-fault driver?

Probably. Most automobile insurance policies that have medical payments coverage require that you re-pay them if you make a recovery from the at-fault driver. Under certain circumstances you can force the company to reduce the amount of the re-payment. Your lawyer can help you with this issue.

June 22, 2011

What Is Medical Payments Coverage Under My Auto Policy?

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

I was hurt in a car accident. I do not have health insurance. I heard that my auto insurer might pay some of my medical bills under what is known as "medical payments coverage." What is that?

Many car insurance policies have medical payments coverage. This insurance coverage pays your medical bills if you are involved in an incident covered under the terms of the policy. There is a limit on the coverage provided, often $10,000 but it may be much higher.

If you have this coverage you should definitely use it to get the medical care you need without paying the medical bills out-of-pocket.

June 21, 2011

Will Not Going to Physical Therapy Hurt My Case?

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

I was hurt in a car wreck., My doctor prescribed physical therapy. I am supposed to go three days per week. The physical therapist is 60 miles away and I simply cannot afford the gas to go back and forth three days per week. If I don’t go to physical therapy will it hurt my case?

It might hurt your case. If you don’t go to physical therapy as prescribed the insurance adjuster and the lawyer for the insurance company will assume that you were not really injured or that you did not do everything you should have done to minimize the impact of the injuries on your life.

More importantly, the failure to get therapy may actually impact your recovery.

June 21, 2011

“My Doctor Operated on the Wrong Ankle!”

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

I was supposed to have an operation on my right ankle. When I woke up I discovered that they operated on my left ankle. Now, I have to wait to recover from the operation to the wrong ankle before they will operate on the ankle they should have operated on (the right ankle). To top it off, I have a hospital-acquired infection in the left ankle and am receiving antibiotics via an IV. Do I have a case?

Yes. There is no excuse for wrong-site surgery. The doctor may blame other operating room staff, and they may blame the doctor, but at the end of the day every person working in the operating room has a responsibility to know what ankle they are operating on. The only exception to this rule is in you are asked, before receiving any type of sedative, to mark what ankle you are having surgery on and you mark the wrong ankle. Then the wrong-site surgery may be considered partially your fault.

Tragically, this is a growing problem. According to the Joint Commission on Accreditation of Hospitals, wrong-site surgery occurs 40 times a week in U.S. hospitals and clinics. This estimate s based on voluntary reporting – one-half of the states do not require reporting. Minnesota had 48 cases last year and Pennsylvania has averaged 64 cases for the past few years.

June 21, 2011

How Quickly Will I Need to Take Action After I File a Lawsuit for My Depuy ASR Hip Implant?

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

I have filed a lawsuit concerning my Depuy ASR hip implant and it is part of the MDL. How soon will additional action be required from me?

I mentioned in an earlier post that the court overseeing the cases for defective Depuy ASR hip implants issued an order requiring claimants to file forms describing when the patient received the implant and providing some medical records from the patient’s treatment. Originally, the judge set a deadline for all claimants to file the form at the same time, but the judge recently changed the order.

Now, all claimants who are already in the combined Depuy cases have one deadline to file the completed form– July 5, 2011. Any claimants who file their lawsuits after June 2, 2011have thirty days from the date they file the lawsuit to file the information form.

June 20, 2011

What is the Minimum You Can Get From A Wrongful Death Lawsuit In Tennessee?

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

My husband was killed in a wreck with a tractor trailer. It was not his fault. What is the minimum amount of money I can recover for his death in a lawsuit?

There is no minimum. The amount of damages that can be recovered depends on a multitude of factors. You can get some idea of the relevant factors by reading our legal guide, "Understanding Wrongful Death Cases in Tennessee."

Remember that under Tennessee law a wrongful death case must be filed in court within one year of the time your husband received injuries that resulted in his later death.

June 20, 2011

Swimming Pool Liability for Drownings or Near-Drownings

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

I live in a neighborhood where one person has a backyard portable pool that is a couple feet deep. However, there are lots of little kids in the neighborhood – one of them is mine. There is no fence around the yard where the pool is located. I am worried sick about a kid falling in the pool and drowning, but when I spoke to the property owner about it he said "if you keep an eye on your kids nothing will happen." What can I do about this?

Recent news articles have demonstrated the risk of such pools, reporting that one child drowns every five days in portable pools. However, unless local zoning rules or homeowner association rules require that the pool be fenced, there is no way you can force your neighbor to fence in the pool or keep it drained when it is not being actively supervised by an adult.

The law requires that the property owner exercises reasonable care for the safety of those who come on his property. In my view, the pool creates what is known as an "attractive nuisance," meaning that it is an instrument of danger that the owner knows that children will want to play in. This puts the property owner at high risk of being sued if a child is injured or dies in his pool.