I was hurt in a car wreck and I think I have a really good case. I think I should get $1,000,000 – it seems like people get that much and more and they aren’t hurt as bad as I am. Will I get $1,000,000 in my case?
There is no way that I can answer that without having a whole lot more information that you have shared to date.
Million dollar verdicts are rarer than you might think. When they occur, they tend to hit the newspaper, but the statistics tell us they are quite rare in Tennessee.
What are punitive damages? How frequently are they awarded in Tennessee?
Punitive damages are awarded only in cases where the defendant acted intentionally, knowingly, maliciously, or recklessly. Punitive damages are designed to punish the wrongdoer and deter both the wrongdoer and others from similar conduct in the future.
In Tennessee one must prove they are entitled to punitive damages by "clear and convincing" evidence. This is a higher burden than applies in the typical civil case, where liability and damages must be proved by only preponderance of the evidence.
Will my case actually go to trial? I have a car wreck case and my lawyer says it will probably settle.
Statistically speaking , your case is very likely to be settled. Well over 95% of cases are settled, especially car wreck cases.
Cases settle because the litigation process includes an exchange of information that will permit each side to evaluate the other side’s case.
I was in a car wreck yesterday. It was probably my fault. I looked at my automobile liability insurance policy and it says that I have liability limits of $300,000. What does that mean?
It means that for any one car wreck that is your fault your insurance company will pay a person injured in the wreck up to $300,000 in losses and damages they suffer. This is true whether one person is injured or five people are injured: the most the insurance company will pay is $300,000.
To the extent that a person injured in the wreck has claim worth more than $300,000 you are personally responsible for the amount of damages over $300,000 if the wreck was your fault. Likewise, if more than one person is injured and the total damages caused by your negligence exceeds $300,000, you are personally responsible for the amounts over $300,000.
I believe that I am a victim of malpractice by a doctor, but no lawyer will take my case. Why not?
There are several possibilities.
First, there are relatively few lawyers in the state that represent medical malpractice victims. In fact, my guess is that far less than one percent of lawyers regularly handle medical malpractice cases for patients. Therefore, you may be asking the wrong lawyers.
I have a pending personal injury claim from a wreck with a truck. I think someone is following me around and photographing or videoing my activities. Can insurance companies do that?
Yes, within certain limits. It is not uncommon for insurance companies to use surveillance to determine what task you can perform. The private investigators look to "catch" you performing sports activities, yard work and other physical labor that they say is inconsistent with the limitations and physical injuries you are claiming in litigation.
This is something that you need to discuss with your lawyer as soon as possible.
I was in a car wreck yesterday. It was probably my fault. I looked at my automobile liability insurance policy and it says that I have liability limits of $25,000 / $50,000. What does that mean?
It means that for any one car wreck that is your fault your insurance company will pay a person injured in the wreck up to $25,000 in losses and damages they suffer. If more than one person is injured in the wreck, the company will pay, on your behalf, up to $50,000 but no more than $25,000 for any one person.
So, if one person was hurt in the wreck, the insurer will pay no more than $25,000 in damages. If two people were hurt, the insurer will pay up to $50,000, but no more than $25,000 per person. If three people were hurt, the insurer will pay up to $50,000, but no more than $25,000 per person. Note that each person who is injured does not automatically get $25,000 – they must demonstrate amount of their damages and can recover up to $25,000 each.
I live in the country in Tennessee. My dog runs loose. The dog bit a neighbor kid over at his house about 700 feet down the road. The dog never bit anyone before. Am I responsible for what my dog did? I thought every dog got one free bite?
A dog’s owner used to be able to avoid responsibility for a dog bite if he did not know the dangerous propensities of the dog, but that is no longer the law if the bite occurs off the dog owner’s property. Subject to several exceptions, if you let your dog run at large, you are responsible for injuries caused by your dog even if you had no reason to believe the dog was dangerous.
You report the bite to your homeowner’s insurance as soon as possible. Your homeowner’s insurance policy may provide you with some protection in the event you are asked to pay medical bills or get sued by the neighbor.
My son was bit by a neighbor’s dog. What rights do I have in a lawsuit against the dog owner?
You have the right to recover medical expenses that you paid or were paid by your insurance company. (You almost certainly have to repay your health insurance company out of the settlement or judgment.) You can also recover damages for loss of services of your child.
Under Tennessee law, you cannot recover damages loss of the relationship between you and your child because of the injuries or for your emotional distress at seeing your child deal with his injuries.
My 22-year old son was hurt in a car wreck. Can I file a lawsuit for him?
No, unless he is so severely injured or suffers from some type of disability that he is deemed incompetent. If he is incompetent, there are formal proceedings which must be filed to have him declared incompetent in the eyes of the law. If that happens, a conservator will be appointed and he or she will have the power to file or defend a lawsuit. If you are appointed the conservator, you would have that right.
However, if your son is competent, he is the only one who can file suit on his behalf. You can help him find a lawyer and can give him assistance in preparing the case, but the decision to file and the right to file is his and his alone.
