Frequently Asked Questions

What are the grounds upon which one may recover for an automobile accident or other personal injury case?

This varies from case to case. Generally, Tennessee uses a comparative fault analysis and a Plaintiff may be up to 49% at fault which will reduce damages according to the percentage of fault but it will not bar one from recovery totally unless the Plaintiff’s fault is 50% or greater, in which case there is no recovery. This is called comparative fault analysis and is something a jury reports to the Judge at the end of a trial.

For more information, please follow this link to an article on our site regarding Automobile Liability In Tennessee

What are the elements of recovery in a personal injury case?

This depends on whether there is long term injury or short term injury. Under a short term injury case one is entitled to compensation for pain and suffering, loss of enjoyment of life, loss of capacity to earn (which includes lost wages as well as the reduced effectiveness on the job), and past medical expenses. If you are married and living with your spouse, then your spouse has a loss of consortium claim which may be described as a loss of services, loss of companionship, and anything that causes harm or detriment to the marriage.

If there is property damage then the property damage may be considered. In an automobile case, there is usually a tow bill, repair bills, and rental car charges. In a total loss case there is a tow bill and the value of the car with a reduction for salvage.

In a long term injury case the four long term injury elements of damage then become projected into the future for the person’s lifetime based upon accepted lifetime expectancy tables. Thus, pain and suffering, loss of enjoyment of life, loss of capacity to earn, and future medical expenses are projected into the future for one’s life expectancy. This also extends to the loss of consortium claim for the spouse.

What is a medical impairment?

A medical impairment is a number drawn from a doctor’s handbook that puts a physical disability into a number. The current version of the handbook is the 5th Edition of the American Medical Association’s Guidebook for the Evaluation of Permanent Medical Impairment. This permits a doctor in Tennessee to talk to a doctor from any other state and everyone is literally on the same page in describing the medical condition and the degree of disability. Impairment generally is a loss of body function based upon the alteration of one’s health status. This may be from injury, disease process, surgery etc. There are many conditions that do not carry a medical impairment although they may be quite disabling. Many physicians do not give any impairment, for instance, for headaches which may be very disabling depending upon the severity.

What is disability?

Disability is the effect of an injury upon one’s ability to meet their obligations of daily living, to be able to concentrate, to socially interact, and to work either in the home and/or in the public workplace. Therefore, the effect of a physical impairment or a permanent injury without impairment upon ones ability to perform work and other activities is a disability. That is, the effect of the injury on ones ability to function is the general definition of disability.

What are my rights under the workers’ compensation law?

There are many rights under the workers’ compensation laws which are beyond the scope of this brief note. Generally, however, there are four broad elements of recovery. These are: TEMPORARY TOTAL DISABILITY for the period of time you are unable to work or TEMPORARY PARTIAL DISABILITY if you are working part time. This is calculated by taking 2/3rds of the average weekly gross wage for the year before the injury, subject to a statutory cap that is adjusted each year. The cap in effect on the date of injury is the cap used in the case. PAST MEDICAL EXPENSES through authorized treating physicians are recoverable. Your employer should offer a panel of three physicians to choose from and whatever treatment they render and whomever they refer you to would be the authorized treating physicians. PERMANENT PARTIAL DISABILITY OR PERMANENT TOTAL DISABILITY is an element of recovery. Permanent partial disability is figured upon artificial formulas built into the workers’ compensation statutes and are based upon impairments and whether one is able to return to work or not. There are schedules for different injuries. The analysis of that can become quite complex and is beyond the scope of this brief note. LIFETIME FUTURE OPEN MEDICALS under the terms and conditions of the Tennessee Workers’ Compensation Act are the final element of recovery for work related conditions. One usually must go through an authorized treating physician in order to have the medical expenses paid.In recent cases weekly temporary benefit payments may differ from permanent partial disability calculations. These calculations are based on complex formulas set out in the Tennessee Workers' Compensation Act subject to maximum figures.These calculations can be somewhat complicated.

What should I do if I am injured on the job?

Tennessee is a “notice” state which furnishes a statute for the protection of the employer. You should give written notice and fill out a report of work injury within 30 days of the date of injury or your claim may be barred. There are exceptions to this which are numerous and are beyond the scope of this brief note. It is better to err on the side of caution and give written notice as soon as possible rather than risk the claim being denied. Written notice can be in the form of the First Report of Injury Form or even a hand written note that is signed and dated. Be certain you keep a copy of the note and describe the nature of the injury, how you were injured and what work activity you were engaged in at the time of the injury. Actual notice may be a substitute for written notice. However, there is often an amazing amount of testimony that goes back and forth on “he said/she said” as to whether or not notice is given. Unless an ambulance takes you from your place of employment to the hospital, you should always give a written notice and keep a copy of that notice within 30 days following the injury. Again, there are exceptions that can be further explained upon consultation.

Can I receive pain and suffering compensation under the Tennessee Workers’ Compensation Act?

Yes and no. If the pain and suffering causes a disability so that you are permanently partially or totally disabled and have a permanent injury then you can recover for “disability”. There is not a specific element of “pain and suffering” in the workers’ compensation system as in other personal injury actions.

If I am injured on someone’s property are they automatically liable to pay my bills?

Generally the answer is no. Tennessee law states that dangers which are created by the landlord or others of which the landlord had actual or constructive notice may impose liability for the landlord, renter, or owner, upon the basis of negligence. This is especially true if it is a hidden defect or danger. If it is an open and obvious defect then it is more difficult and then some percentage of fault may be assigned to the injured party for having proceeding in the face of a known danger. Again, comparative fault analysis in premises liability cases is quite complex and beyond the scope of this note. These are merely general rules.

What is the time limit for filing a suit?

The answer to this depends on what type of claim is involved. A personal injury claim generally has a one year statute of limitations. This is sometimes extended to 1 year from the time you knew or should have known of the cause of action which is called the “discovery rule”. Minors under some circumstances have until age 18 plus one year to file suit. However, there are shorter statutes of repose (for example against a physician or in a products liability case). There are other statutes that can also come into effect and these are too numerous to discuss here. The statute of repose may serve as an additional time limit to the cause of action in addition to the statute of limitations. Further explanation of this should be sought in consultation.

Under the workers’ compensation laws, the general rule is one year from the date of the injury or one year from the date of last voluntary payment of medical treatment. The law recently changed and are evolving rules which makes matters complicated as to time limits and procedures. Tennessee generally has an administrative procedure through the Department of Labor which one must go through prior to filing suit in regular court. The time limits under workers’ compensation are thus, quite complex and beyond the scope of this note. In addition, some of these time limits, rules and procedures are subject to pending litigation in the Courts and may or may not be changed as a result. The best advice is that if you are approaching one year from the date of injury, you need to sit down with an attorney and explain your situation and be certain you are not in a position of missing some time limit under the Department of Labor regulations or Tennessee Code Annotated.

What kinds of injuries are recognized under the Tennessee Workers’ Compensation Act?

These are gradual and/or sudden injuries. These may be physical injuries as well as mental injuries. They may be temporary or permanent injuries. This is a generalization. Further information is beyond the scope of this note.

What are my rights at work if I have an injury? Can I be fired?

The question of rights and whether you may be fired is a very complex question that varies greatly for each specific instance. Tennessee is a “employment at will” state which means you can generally be fired for a good reason, a bad reason, or no reason at all. If you are in a Union then you may have the protection of a collective bargaining agreement. If you have a written employment contract then you may have some protection under the terms of that contract. If you are not under contract or Union then there are rules of law that protect people from being retaliated against for having a workers’ compensation claim. This is called retaliatory discharge. There is a type of claim called a “whistle blowers” case for reporting illegal activity to government officials within the workplace, and there are various prohibitions against discrimination based upon sex, race, religion, national origin, or other constitutionally protected classifications under State and Federal Law. Further comment is beyond the scope of this note. If you have an employment type of case we recommend that you immediately speak with an employment attorney to determine whether or not your case falls into a recognized cause of action.

What do attorneys normally charge?

Unless you are paying by the hour, attorneys typically charge 1/3 of the recovery plus reasonable case work-up costs for personal injury cases. For workers’ compensation cases the charges are limited to 20% plus reasonable costs.

How can I tell when I have a case for Medical/Nursing Home Negligence/Hospital Negligence/Products Liability?

These are very complex areas of practice. These claims require expert testimony and opinions. Each case is very unique and any explanation of these types of claims is well beyond the scope of this note. If you believe you have suffered serious injury as a result of one of the above, please contact an attorney immediately to evaluate your specific claim.