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John A. Day

John Day’s Answers

201 total

  • Who will receive the settlement?

    I'm 17, I had a car accident when I was 16. It was the other person's fault. I was injured and still going thru treatment for it. Considering that I am not 18 my parents are sueing the other person's insurance company to cover medical bills, pain ...

    John’s Answer

    • Selected as best answer

    Under Tennessee law, a minor receives any award for pain and suffering, lost of earnings or earning capacity, and any damages other than medical expenses and loss of services. If the case is resolved before the minor's 18th birthday, the money is held by the Court until the minor's 18th birthday absent very unusual circumstances. The Court is also required to approve any settlement of a claim involving a minor and will be sure that this law is enforced.

    If the monies are received after the minor's 18th birthday, the minor's (now legal adult's) monies will go directly to him and his lawyer.

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  • Is it difficult in TN to prove negligents regarding an elevator related injury?

    And would it be the elevator manufacturer or the building owner who might be liable. Please respond. Thank you.

    John’s Answer

    The difficulty in proving negligence depends on the facts of the particular case. Many times, elevators fail because of problems with maintanence. This may be the fault of the building owner, the maintanence company, or both.

    An experienced lawyer can help you investigate and evaluate this matter.

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  • Wrecked my car andair bags did not deploy

    had plpd coverage company had full coverage I went hosp nose I thought broke lots bruise pain what do I do

    John’s Answer

    The mere fact that airbags did not deploy in your crash does not mean that the airbags malfunctioned. Airbags are designed to deploy only under certain conditions, including change in velocity, angle of impact, etc. So, the specifics concerning the impact are essential to determining whether or not the airbags should have deployed.

    Second, from a practical standpoint, the cost of proving that an airbag should have deployed and that the failure of the airbag to deploy caused injuries that would not have otherwise is occurred is very high. Oftentimes, both accident re-constructionists and bio-mechanical engineering experts are necessary.

    Given the injuries as described above, it is probably not feasible to file an airbag claim here even if the airbag should have deployed. That said, if you want to keep open the option to file such a claim be sure to preserve the car (with no alterations) and seek out legal advice as soon as possible.

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  • Can I file a personal injury case from an accident without using an attorney?

    The statue on our car accident tolls 10/19/2015. The other party is 100% at fault and their insurance has stated so. The insurance company is working with us, but if we can't come to an agreement of pain and suffering and items like that, can I ...

    John’s Answer

    The best way to protect the deadline is to file suit against the responsible party or parties within the one year period required by law. There is another way to accomplish this, but it presents several risks and you should not attempt to do it on your own.

    Filing suit without the help of a lawyer to is also fraught with danger, and if you want to continue handling this on your own you may wish to hire a lawyer for the limited purpose of preparing, filing, and serving the necessary papers.

    Do not, under any circumstances, have a verbal agreement with the insurance company to extend the deadline for filing suit. Indeed, do not enter into a written agreement that purports to extend the deadline without having it reviewed by a lawyer and understanding the full impact of entering into such an agreement.

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  • What type of attorney would I need to sue Morgan Stanley for allowing their employee who they admitted on TV that he was crazy.

    He lost millions of my dollars. I feel they are responsible for hiring someone "crazy" and dangerous to manage my money.

    John’s Answer

    If you entrusted your money to a broker who worked for Morgan Stanley you will need a lawyer with expertise in handling disputes between brokerage houses and their clients. Frequently, there is an arbitration provision in the agreement with the client and there are lawyers who specialize in this type of arbitration. Act quickly to protect your rights.

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  • I got into a wreck I was in a turning lane and the girl hit me and insurance saying my fault

    In hermitage tn mount juliet

    John’s Answer

    There is not enough information here to give you much advice, but you should (a) turn the claim into your insurance company and (b) consider prompting talking with an experienced personal injury lawyer if you received any injuries in the crash.

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  • I was injured in a taxi cab accident.

    After the accident it was determined the cab company did not have any insurance as it had lapsed due to nonpayment. I had to have surgery, and have permanent nerve damage in one of my limbs. My UIM policy is only 50,000. Can I go after my polic...

    John’s Answer

    The fact that a person or company does not insurance does not mean that they are not responsible for what they do. Depending on the organization, assets, liabilities and cash flow of the cab company may still be a viable defendant. A lawyer who has the opporunity to learn all of the facts can guide you through this process.

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  • Slip and fall statute on a minor?

    my child fell at a bowling bday party may 2014 ---retained atty in nov--jan 2015 found she needed surgery--done in Feb 2015. Atty did NO work on case, then 5 weeks of 1 year, dismissed saying cant win bc they have slip and fall signS up now?! thei...

    John’s Answer

    Under current Tennessee law, the statute of limitations applicable to your daughter's claim is one year from the date of her 18th birthday. There is some dispute about whether the claim for medical expenses belongs to the minor or to the parent of the minor, and if it belongs to the parent of the minor the statute of limitations is one year from the date of the injury. That said, there is case law that supports the right of a minor to bring a claim for medical expenses under certain circumstances, and a lawyer familar with all of the facts may well recommend that your daughter assert such a claim. I urge you to contact a local lawyer and seek his or her opinion on this matter.

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  • How much is loosing a daughter worth when a hospital makes 3 different mistakes that all fatal

    she had a heart catheter in her chest , 2 nurses rolled her on her side causing the catheter to polk a small whole into her heart . in the process of the doctor trying to find why her oxygen level dropped he gave her steroids which made the heart ...

    John’s Answer

    Determining the validity and value of this type of matter is something that cannot (and should not) be done in an open forum. You should speak to an experienced medical malpractice lawyer and get their advice.

    Please know that the deadline for taking appropriate legal action in Tennessee is one year from the date of the incident which caused the injury. Failure to act on time results in a loss of whatever rights you have.

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  • When a fatality happens in an auto accident, is it mandatory that the person causing the accident be drug tested?

    My husband was a police officer and was killed in the line of duty. He was responding to another accident and was hit head on by a speeding motorist. The person causing the accident was not drug tested. THP worked the accident

    John’s Answer

    I am sorry for your loss.

    The answer to your question is "no,", unless the person causing the accident was an over-the-road trucker. If a trucker was involved, federal law requires alcohol and drug testing.

    In other situations, however, the THP and local police departments typically do drug and alcohol testing only if they have some reason to suspect that the driver was using alcohol and drugs.

    Please remember that under Tennessee law you have only one year from the date of the wreck to bring a legal action against the persons responsible for it.

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