Tennessee Injury Law Center

December 14, 2010

How Much Liability Insurance Should I Have on My Vehicle?

How much liability insurance coverage should I have on my vehicle?

Answer: The amount of coverage you should have should depend on your assets and on your ability to pay. You must have at least $25,000 per person, $50,000 per accident. Most people who have a household income over $50,000 per year should have $100,000 per person, $300,000 per accident. If your household income exceeds $100,000 per year, you should have even more insurance, such as $250,000 per person, $500,000 per accident or even more. Ask your agent to quote you the rate on several different liability insurance policy limits – you will be surprised to see how inexpensive the “extra” insurance coverage is.

People who have significant assets should have high liability insurance limits and should also have an “umbrella” or “excess” insurance policy to give them even more protection from if they make a mistake and harm another person. Many wealthy individuals (people with a net worth of over $300,000 or an income of over $150,000 per year) have several million dollars worth of liability insurance.

December 13, 2010

Time Limit for Filing a Wrongful Death Lawsuit in Tennessee

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

My wife was hurt in a car wreck in Tennessee +on December 15, 2009 and died in the hospital on January 21, 2010. What is my deadline for filing a lawsuit against the driver who caused the wreck?

Unless a lawyer familiar with all of the facts advises you to the contrary, you should assume that you must file suit against the responsible parties before the one-year anniversary of the wreck.

In some states the date of death triggers the start of the time period to take legal action. That is usually not so in Tennessee. Thus, to be safe work under the assumption that the one-year period starts to run from the date of the original injury that later resulted in death.

December 12, 2010

Is There A Time Limit on Filing A Motion in Limine in Tennessee?

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

Does Tennessee have a deadline for filing motions in limine?

"Motions in limine" are papers filed with the court asking the court to reach a pre-trial ruling on certain matters, usually evidence issues. For example, if I am representing a person who was convicted of a crime 15 years ago and now has a trial in a car wreck case I will probably file a motion in limine asking the court not to let our opponent mention the prior criminal conviction. This motion in limine gives the judge the opportunity to rule on the issue before the jury has any chance of hearing about it.

The judge does not have to reach a decision on any motion in limine before trial.

December 12, 2010

How Many Requests For Production Can Be Served in Tennessee?

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

I am in a lawsuit in Tennessee. The other side has served a set of request for production of documents. There are 60 different requests. Do I have to turn over all of this stuff? Is there no limit to the number of requests for production?

Your lawyer will be able to tell you what you have to turn over and what you do not, but generally speaking there is no limit to the number of requests for production of documents. Many local rules of court limit the number of interrogatories that can be served, and it is possible that local rules may limit the number of requests for production, but I do not ever remember seeing a limit on requests.

Absent a numerical limit, the only limitation on requests for production of documents is that they must seek relevant evidence or information reasonably calculated to lead to the discovery of admissible evidence and cannot seek information deemed "priviliged" under the law. Once again, your lawyer will review each request with that standard in mind, and will object when appropriate.

December 11, 2010

How Long Do Depositions Last?

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

I am in a car wreck lawsuit. Depositions are happening next week. How long do depositions last?

It depends on many factors. There is no time limit on depositions in state court in Tennessee.

The length of a deposition depends on the complexity of the case, the complexity of the injuries, the medical history of the plaintiff, the personality of the examining lawyer and many other factors.

December 10, 2010

How Many Tennessee Personal Injury Cases Go Into Discovery?

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

I was hurt in a Tennessee car wreck. I really don’t want to go to court but the one-year filing deadline for personal injury claims is coming up and I need to file my lawsuit. However, I don’t want to go through the discovery process. How often do cases settle without any discovery?

It is impossible for me to know the answer to that question. Many cases resolve before a lawsuit is filed. Many others are also resolved after a lawsuit is filed but before trial. Unless active negotiations are underway in your case at the time you file suit and you are filing suit solely for the purposes of filing before the deadline but with a goal of getting the case resolved (and the insurance company has the main mindset) it is reasonable to assume that discovery will happen.

Remember, you can settle your case (assuming the insurance company also wants to settle) and avoid litigation, including discovery. If the insurance company wants to settle and you want it to settle, it will settle – just not at the dollar value it should settle. By that I mean that if your case has any merit whatsoever you can almost always settle it for less than the true value of the case.

December 9, 2010

How Do You Determine Who Is At Fault in A Wreck?

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

I was in an intersection wreck. I say it was the other guy’s fault. He says it was my fault. Who decides who was at fault?

If a lawsuit is filed a jury usually decides who is at fault (unless a jury is not requested by either party to the case, in which event a judge decides). The jury will listen to your side of the story, the other driver’s side of the story, the testimony of any witness, and review any physical evidence at the scene. Sometimes expert witnesses are hired to explain what happened.

At the end of the day the jury considers all of the evidence, hears the law explained by the judge and uses common sense to decide who probably caused the wreck. Under our system of justice, the person who files a lawsuit only needs to prove that more likely than not the other driver caused the wreck. If the person who files the case is unable to prove that the other driver more likely than not caused the wreck the case will be lost.

December 8, 2010

How Much Are Expert Witness Fees?

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

How much do expert witnesses charge?

It depends on the type of expert. Most experts charge by the hour. I have paid as little as $50 per hour to hire a mechanic to serve as an expert witness. Some neurosurgeons charge $2000 per hour for a video deposition to testify about their care for a patient. I have never heard about anyone charging more than $2000 per hour but I guess it is possible.

December 7, 2010

Suing the State of Tennessee

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

I was injured by the negligence of a state of Tennessee employee. Can I sue the employee or the State?

The State will be responsible for the employee’s negligence under two conditions. First, the employee must have been acting in the course and scope of his or her employment at the time of the negligent act or omission. Second, the State must have given permission to have been sued in the particular type of circumstance where the negligence has occurred.

That last condition is a little confusing. The State cannot be sued without permission, but it has given permission in advance to be sued for a number of types of cases. For instance, if a state employee runs a red light and causes a traffic wreck while on the business of the State the State has given permission to be sued. There are a laundry-list of other circumstances in which the State has given permission to be sued.

December 7, 2010

What Are The Odds of a Patient Winning A Medical Malpractice Case at Trial?

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

I have a medical malpractice case. The doctor’s insurance company has refused to settle the case. What are the odds that I will prevail at trial?

Health care providers generally win medical malpractice cases that are tried to a jury. That does not mean that your case is likely to be lost – each case depends on its facts and,many other factors.

That being said, for the year ended June 30, 2009 there were 26 medical malpractice cases tried in Tennessee. the data is not available, but based on past experience only 5 or 6 of those cases were won by the patient. Stated differently, the win-rate for patients is less than 25% for cases that go to trial.