I have a trial that starts in two weeks. Will I be able to eat and drink in the courtroom?
No. You will be able to have water when you testify on the witness stand, but otherwise eating and drinking are not permitted in the courtroom when court is in session. There is usually a morning, lunch and afternoon break, so it is highly unlikely that you will go more than 2 hours without the opportunity to eat, get a drink, or use the restroom.
Do truck and bus drivers have more responsibilities than drivers of cars?
Yes. Truck and bus drivers are required to live up to the same standards and laws as every other driver on the road., but there are special safety laws that also cover most commercial drivers.
First, to prevent drivers from driving so long that they become dangerously tired, the law sets maximum hours they are allowed to work before taking a break. Truck drivers cannot drive more than eleven hours in one shift without stopping to take a break. Also, no matter how much time they spend behind the wheel, a truck driver has to stop and take a break within fourteen hours of the time the driver first clocks in to work for a shift. A break has to be ten hours in a row completely off duty. It does not matter if a truck driver works for two or three different companies; to comply with the law, the truck river must take a ten hour break from any and all jobs.
I have a personal injury case going to trial. My lawyer says that my medical doctor cannot be forced to come to a trial and that we have to introduce her testimony via a deposition. I think she will make a good witness and I want her there. Can’t we just issue a subpoena and force her to come to trial?
Under Tennessee law, you can issue a subpoena for a doctor but she has to invoke a special law that gives doctors an exemption from subpoena to court. The judge has the power to say that the law giving the exemption should not apply in your case, but that is very unlikely based on the facts that you have stated.
One way to enhance the doctor’s deposition is to take it via video. The video is then shown to the jury and they will have an easier way to judge the doctor’s credibility.
I was in a car wreck six months ago. The wreck was not my fault. I had a back injury and now the doctor says I need surgery. The surgery will cost $40,000. I don’t really want surgery, but the pain is pretty bad and the doctor says it will get worse. Will I get more money for my personal injury case against the other driver if I have the surgery?
Well, I really do not think that should be a factor in whether or not you have surgery. You should have surgery based on medical advice. If you do not agree with your doctor’s opinion, seek the opinion of another doctor. But, make a decision about surgery based on whether or not you need surgery, not whether or not it will impact your case.
If you have surgery and the surgery is determined to have become necessary because of injuries in the wreck, the jury can and should include the cost of that surgery in the wreck. It can and should also include pain and suffering caused by the surgery and the wages you lost from work during the surgery and recovery process.
How many cases does the Tennessee Supreme Court hear per year?
Here is the data for the fiscal year ending June 20, 2009, the last year available as of the date of this writing.
First, the Tennessee Supreme Court has to decide only certain types of cases. It was asked to hear about 825 cases during the fiscal year. It decided to hear about 56 cases. Trying to decide what cases should be reviewed takes a lot of work. Each judge must review the written papers filed in support of the request for hearing (and the papers of the opponent which argue that the case should not be heard) to decide whether the case should advance to the Court. At least 2 of the 5 judges must agree that the case should be heard.
Will my lawyer charge me if I send him an email?
It depends. What does your fee agreement with the lawyer provide? If your lawyer is charging you by the hour, he will probably charge you for reading a substantive email. If he is charging you a flat fee for a given project, he will probably not charge you extra for reading an email related to that project.
If you have hired a lawyer on a contingent fee, he will not charge you for reading an email because his fee is based on the results he obtains for you, not on the time invested in your case.
I was hurt in a car accident. I received a broken arm and a back injury. The arm is now fine but my back still hurts. My friend has recommended that I go to her chiropractor for treatment. Should I?
Tough question. Have you had any treatment by an orthopedic surgeon? Have you ever seen a chiropractor before? Indeed, have you discussed this with your family doctor?
I believe in chiropractic treatment but many insurance companies and juries discount it severely in Middle Tennessee. To the extent that you want to make a claim and have the other driver’s insurance company pay for your treatment you may wish to pursue conventional medicine first and see if that helps you.
My hip replacement, a DePuy ASR, has been recalled? I had my surgery in Nashville 3 years ago and it has given me a lot of trouble. What is my deadline for taking legal action?
You have what is known as a product liability claim, and under Tennessee law you have one year from the date you discover or reasonably should discover that you have a problem related to a defective hip. Exactly when your rights expire depends on when you knew or should have known of the condition, but certainly it is no later than one year after you received the recall letter.
Failure to take appropriate legal action within the period required by law will result in a loss of your rights.
I received a back injury at work. I told my employer about it, told him I needed to see a doctor and he fired me on the spot. What are my rights?
You have a right to receive medical treatment for you back injury. To the extent that miss work you have a right to receive "temporary total disability" payments until you are released by your doctor to go back to work. You also have a right to another payment for "permanent partial disability" if you have a long-term problem as a result of your injury. The fact that your employer fired you will impact the amount of a permanent partial disability payment you are eligible to receive if you have a long-term injury.
You will need the help of an experienced worker’s compensation lawyer to help you with this problem. Feel free to contact our office at 615.742.4880. We will be happy to discuss this matter with you and help you if we can. There is no charge for an initial consultation, and if we are able to help you we will accept your case on a contingent fee.
I was in a bar minding my own business when some idiot wanted to start a fight. I ignored him for a while but then went to the bar and told the bartender that they needed to throw the drunken idiot out before someone got hurt. When I went to the bathroom about an hour later the same guy and his friend jumped me and beat me up. The idiots who hit me are going to jail but can I sue the bar where this happened? My medical bills are more than $50,000 and I missed three months of work.
You may well have a claim against the bar. You have to prove that the bar had notice of the dangerous propensities of the customer who hit you and failed to take reasonable steps to protect you and the other patrons.
An experienced lawyer will need to investigate this matter before he or she can tell you whether you have a good case.
