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John A. Day
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John Day’s Answers

194 total


  • 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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  • I had a injury at my workplace and my employer did not have workmans comp insurance. Also faulty equipment.

    The company employees around 25 employees And the company did pay my bills but has not offered to pay my partial permanent disability for injury. How do I get disability payments? Also the instrument that I was injured by did not function properly...

    John’s Answer

    Your question raises a host of very complicated questions, the answers to which depend on facts not stated in your question. The bottom line is you need to speak to a lawyer, and do so quickly, because you should assume you have only one year from the date of the original injury to file suit against any entity involved in causing your injury.

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  • Can I find a personal injury attorney licensed in this state but not working in this state, of Tennessee

    Hit by a car crossing the street

    John’s Answer

    I am not sure why you are looking for an out-of-state attorney to represent you in a case in Nashville. There are attorneys in Nashville who can help you with this matter. Look for an attorney who has a long history of doing personal injury work and who is recognized by his or her peers as a leading lawyer in the field. Most attorneys will work on a contingent fee, which means that you don't need to pay them unless the case is successful. Some will hold you responsible for case expenses if the case is unsuccessful - a few will not. Some charge interest or "filing opening expenses" as a extra charge - some do not. Be sure to understand the answers to these questions before hiring a lawyer. Act quickly to protect your rights.

    That said, there are several thousand lawyers licensed in Tennessee but do not have an office here. Tracking them down is quite difficult because of the lack of physical presence here.

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  • I was on efflient, blood thinner. A dr did not take off prior to coloscopy. Bleed out and coded for 26 minutes.

    Hospitalized for 14 days. No work 2 months but getting better. Have been told definite standard of care breeched but not damages that I can not continue normal life. I will never been the same. My wife is still in therapy. Many things have c...

    John’s Answer

    Malpractice cases require a tremendous investment of time and money and, as a result, lawyers who work on a contingent fee cannot accept such cases unless the damages are such to justifiy the investment. That said, different lawyers have different case acceptance criteria, so I recommend you keep looking for a lawyer who can help.

    Remember that legal action must be taken within one year of the date of the incident causing injury or whatever rights you have will be lost.

    I hope you have a complete recovery.

    John

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  • Can you find me a personal injury attorney?

    Hit by a car crossing the street, driver has State Farm Insurance

    John’s Answer

    There are attorneys in Nashville who can help you with this matter. Look for an attorney who has a long history of doing personal injury work and who is recognized by his or her peers as a leading lawyer in the field. Most attorneys will work on a contingent fee, which means that you don't need to pay them unless the case is successful. Some will hold you responsible for case expenses if the case is unsuccessful - a few will not. Some charge interest or "filing opening expenses" as a extra charge - some do not. Be sure to understand the answers to these questions before hiring a lawyer. Act quickly to protect your rights.

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  • I would like to know if I have to pay an personal injury lawyer if my case loses?

    I would like to know if I have to pay an personal injury lawyer if my case loses? I broke my wrist on a commercial apartment complex property because of there neglect. I even told them about the problem and still has not been fixed. I broke two of...

    John’s Answer

    The remarks of the out-of-state lawyers are correct. In meantime, many attorneys will, after detrmining the merit of your case, accept the case on a contingent fee basis, which means they will charge nothing unless they are able to make a financial recovery. Some lawyers will require that you reimburse them their out-of-pocket expenses whether the case is successful or not. Other lawyers will make the expense payment contingent on the outcome, meaning they will "eat" the expenses if the case is lost. The merit - or lack of merit - of this type of case is dependent on the details of how and why it occurred.

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  • Can I file a personal injury lawsuit for STD transmission against an ex-wife using a pseudonym to protect my privacy?

    I got divorced 2 months ago, and just found out that she is taking a drug for genital herpes. She never disclosed her health status before or during the divorce.

    John’s Answer

    Yes, in Tennessee you can file your case as "John Doe." Whether the judge will let you go though the entire case using the name "John Doe" is subject to the judge's discretion. I have had four or five cases where judge permitted me to do so for adult clients. It all depends on the circumstances and, of course, you have to be wililng to take the risk that the judge will ultimately not permit you to do so.

    John

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  • Can a defendants attorney not disclose they were sent an incorrect HIPPA form on malpractice case in TN and statue expires?

    I had a malpractice case that should have been cut and dry, at least that is what my attorney told me. He filed the case and another doctor should have been included as well and that was not done. This attorney that I hired later had a stroke and ...

    John’s Answer

    The law on this issue is very complicated and, in fact, is in the state of flux. The Tennessee Supreme Court has several cases before it on the notice issue right now. I urge you to continue to discuss this issue with your lawyer and seek his or her guidance.

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