Tennessee Injury Law Center

Child Abuse Exacts Heavy Toll

John Day — Mon, 06 Feb 2012 14:07:50 -0600

Child abuse injuries resulted in 4,500 hospitalizations and 300 fatalities in just one year in the United States, researchers from Yale School of Medicine reported in the journal Pediatrics. This is the first study that has quantified abuse severity and how many children ended up in hospital, the authors added.

The researchers found that

4,569 kids where admitted to hospital in 2006 because of serious abuse
300 of them did not survive
Those at the highest risk of being hospitalized were aged twelve months or less (58.2 per 100,000 kids compared to the average 6.2 per 100,000)

Child abuse can give rise to both criminal and civil liability. An abuser can be held liable for monetary damages for the harm caused by the abuse, including medical bills, pain and suffering, disability, disfigurement, lost earning capacity, and loss of enjoyment of life. Abuse so severe that it causes death of the child can also result in liability for damages.

Ordinarily, a child who is abused must file a lawsuit against the responsible party within one year of the date of the child's 18th birthday. However, because the passage of time often complicates the prosecution of abuse claims, we strongly urge that an experienced child abuse attorney be contacted promptly after the abuse is discovered.

Our firm has represented children who have suffered abuse at the hands of others. We offer a free consultation in these cases and, in the case has merit, will accept representation on a contingent fee basis.

Where Must A Car Accident Lawsuit Be Filed?

John Day — Mon, 06 Feb 2012 07:06:18 -0600

I live in Knoxville and I was in a car wreck in Nashville. The driver of the other car lives in Murfreesboro. If my case doesn't get settled can I file a lawsuit in Knoxville?

No. Under a new Tennessee law that was effective for all lawsuits arising from injuries arising on or after October 1, 2011, this type of case must be filed where the wreck occurred or where the individual defendant resides.

Therefore, if you must file a lawsuit, you will have to file it in Nashville or in Rutherford County.

An experienced automobile accident attorney can tell you which place you should file suit if it becomes necessary.

Tennessee Nursing Home Inspections Now On-Line

John Day — Sun, 05 Feb 2012 06:20:36 -0600

The Tennessee Department of Health has posted on its website thousands of pages of inspection reports on Tennessee nursing homes.

The Affordable Care Act passed under President Obama required that the reports be more accessible to consumers.

The new postings include one year of reports for each licensed facility. Eventually, four years of reports will be included.

The increased availability of these reports will help Tennesseans make more informed decisions about which nursing home to choose for a loved one and also monitor the quality of care given in the facility.

Jury Trials in Nashville, Tennessee in 2011

John Day — Thu, 02 Feb 2012 13:41:05 -0600

The Clerk of the Circuit Courts for Davidson County, Tennessee has released the following statistics for jury trials for 2011:

There were 10 health care liability (medical malpractice) jury trials. The health care providers won six of those cases, the patient won two, and the other two cases resulted in a hung jury.
There were 36 auto liability cases tried, 22 of those to a jury. The plaintiff won 25 of those cases. Note, however, that the word "won" means that the plaintiff recovered some amount of money - not that the amount beat the defendant's last offer or was otherwise a reasonable amount.
There were only two jury trials in December, 2011 one of which was a health care liability case (defense verdict) and one of which was an auto case (case dismissed by judge).

Despite what one reads in the papers or hears on the news, there are relatively few jury trials. This number has steadily decreased across the entire state for many years.

14 Things to Do After A Car Accident

John Day — Wed, 01 Feb 2012 09:26:13 -0600

Here is a list of 14 things you can do after a car accident:

1. Do your best to remain calm.

2. Assess the scene. Do not get out of your car if it is not safe to do so.

3. Check for injuries, both of yourself and others, rendering aid to others where necessary and appropriate.

4. Call the police. Tell them where you are, what happened and if there are injuries.

5. Do not discuss what occurred without anyone but the investigating police officer.

6. If you are able, exchange information with the other drivers. Get the name, address, insurer's name and policy number for all of the drivers involved.

7. Get names and phone numbers of witnesses.

8. Take photos/video of the scene including the damage to all cars. Cell phone photos will work to document initial damage.

9.. If the police respond, find out where to get a copy of the police report for your claim. If the police do not come to the scene, ask police dispatch where you can file an incident report.

10. Tell the police officer the truth. Do not give opinions about what you think happened, tell the officer only what you observed and heard. Be polite and cooperative with the officer.

11. Promptly seek medical attention. Tell the health care providers the truth. Carefully explain your symptoms. Do not magnify or ignore any problem you are having.

12. If you are told by the emergency room to follow-up with your family doctor, do so. Do not delay in seeking additional medical treatment in the hope that you will be alright.

13. Carefully explain to your subsequent health care provider the medical problems you are having as a result of the injuries. Once again, do not magnify or ignore any injury.

14. If the accident was not your fault and you were injured, contact an experienced personal injury lawyer to learn your rights. At the Law Offices of John Day, P.C., we recommend that you do this promptly, before giving a statement to any insurance company. At our firm, initial consultations are free.

Is There A Limit on Damages On Brain Injury Cases in Tennessee?

John Day — Tue, 31 Jan 2012 09:10:44 -0600

My sister received a significant head injury in an automobile wreck caused when a truck crossed the centerline of a road in Tennessee. Is there a limit on the damages she can recover in the case?

There is no limit on the damages she can recover for medical expenses or loss of earning capacity. However, if the wreck occurred on or after October 1, 2012, there is a limit on the damages she can recover for pain, suffering, disfigurement, and loss of enjoyment of life - referred to by the Legislature as "non-economic damages." That limit is $750,000.

The Legislature has determined that no person can recover non-economic damages in excess of $750,000 unless the injury is "catastrophic" or the falls within a narrow class of exclusions (for example, the defendant was under the influence of alcohol). Shockingly, a brain injury is not considered a catastrophic loss by the Tennessee General Assembly. Even if an injury is determined to be catastrophic non-economic damages are limited to $1,000,000.

A constitutional challenge is expected to be made to this legislation. However, until the Tennessee Supreme Court hears a case where this issue is raised, judges and juries will be required to apply this law and limit recoveries accordingly.

***************************************************

John Day represents personal injury victims and families of wrongful death victims. He is board-certified as a civil trial specialist by the National Board of Trial Advocacy and, in fact, served as President of the organization. He is an elected member of the prestigious American College of Trial Lawyers. His book, "Day on Torts: Leading Cases in Tennessee Tort Law," is used by judges and lawyers across Tennessee to further their understanding of personal injury and wrongful death law in Tennessee. In 2009, Best Lawyers named John "Best Personal Injury Lawyer" for Nashville; he was the first recipient of that award. Best Lawyers also named John as "Best Medical Malpractice Lawyer in Nashville" for 2010. John does not charge for an initial consultation and accepts personal injury and wrongful death cases on a contingent fee basis. You can reach him by telephone at 615.742.4880 or by email by clicking here.

How Can I Prove What Happened in My Wife's Accident?

John Day — Mon, 30 Jan 2012 08:29:20 -0600

My wife was killed in an automobile wreck. She was alone in the car. The other driver says the wreck was her fault, but I don't believe it. How can I prove what happened?

You need the help of an experienced automobile wreck attorney to lead an investigation into what happened.

Tennessee law provides that, because your wife is not able to testify about what happened, she is presumed to have been exercising due care at the time of the wreck. However, other testimony and evidence can make that presumption disappear.

An experienced car accident lawyer knows how to investigate car wrecks and, as appropriate, work with others to determine how the wreck occurred. The police report may contain the names of witnesses to the wreck - these people need to be located and interviewed. People who live and work in the area may have observed the wreck but not have their names appear on the report. Physical evidence, such as skid marks, yaw marks, and gouge marks may be present on the roadway. The damage to the vehicles often yields information about how the wreck occurred, and many newer vehicles contain data recorders that can provide helpful information.

The key is to gather that data early. Physical evidence can disappear, and memories fade. You are encouraged to act quickly to secure the services of an experienced automobile wreck lawyer.

Deadline for an Adult to Bring Personal Injury Case In Tennessee

John Day — Thu, 26 Jan 2012 08:34:44 -0600

The general rule in Tennessee is that a personal injury lawsuit for an adult must be filed within one year of the date of an incident causing an injury. The failure to file a lawsuit on time will result in a loss of the right to bring a claim even if the case is otherwise valid

There are several exceptions to that rule, some that shorten the period in which a lawsuit must be filed and other exceptions which lengthen the period for action. For instance, if you are injured by a defective or unreasonably dangerous product you must bring your claim within one year of the date of the injury but also within ten years of the date the product was sold to the first user or consumer.

For example, assume that you were hurt on January 31, 2012 because of a defect in a car that was sold to the first user or consumer on June 30, 2002. Under Tennessee law, you would have only five months to file a lawsuit against the car manufacturer or the manufacturer of the part or parts that were defective.

There are other unusual (and often unfair) rules under Tennessee law. You should not attempt to figure out that application of those rules yourself - you will need the help of an experienced Tennessee personal injury attorney to help you.

So, how do you protect yourself? When you are injured or are a family member or close friend of an injured person who cannot act for himself or herself, seek the advice of an experienced lawyer as soon as possible. There are all sorts of reasons for quick action (securing physical evidence, witness investigation, etc.) but quick action will also help you know for sure how much time is available to take appropriate legal action if it is warranted.

Do not wait until your recover from your injuries to talk to a lawyer. Do not assume that your injuries will heal without long-term impact on your life. Our office does not charge for an initial consultation about your case.

Parent's Right to Damages For Injury to Child in Automobile Crash

John Day — Wed, 25 Jan 2012 08:25:20 -0600

My son was seriously injured in a auto accident. What rights do I have as his parent in a lawsuit against the person who caused the wreck?

You have the right to recover medical expenses that you paid or were paid by your insurance company. (You almost certainly have to repay your health insurance company out of the settlement or judgment.) You can also recover damages for loss of services of your child.

Under Tennessee law, you cannot recover damages loss of the relationship between you and your child because of the injuries or for your emotional distress at seeing your child deal with his injuries.

However, you may be able to recover damages for emotional distress if you saw or heard the wreck your son or came up on the scene of the event shortly after the dog attack occurred. An experienced personal injury lawyer can tell you whether you qualify for recovery of this type of damages - they are dependent of the details of your case and your emotional injuries, if any.

What Types of Damages Are Available in a Tennessee Truck Accident Lawsuit?

John Day — Thu, 19 Jan 2012 05:38:06 -0600

In any type of Tennessee personal injury case, including injuries caused by careless truck drivers or trucking companies, an injured person can recover monetary damages for past and future medical bills incurred because of the injuries, past and future physical pain and suffering, past and future mental or emotional pain and suffering, loss of earning capacity, disability, lost capacity for the enjoyment of life, and disfigurement.

A significant part of many personal injury claims in the recovery of the reasonable medical bills necessarily incurred as a result of the incident. To the extent that the injuries likely require on-going medical bills in the future, those future medical expenses can also be recovered.

Physical pain and suffering is physical discomfort caused by an injury. In the event you suffer an injury that will cause pain in the months and years after a settlement or trial, you can recover damages for that as well.

Mental or emotion pain and suffering includes anguish, distress, fear, humiliation, grief, shame, or worry.

Disfigurement is a permanent injury that impairs a person’s appearance. This includes permanent scars and lost limbs.

Lost capacity for the enjoyment of life compensates the injured person for limitations put on the ability to enjoy the pleasures of life as a result of an injury. This includes the inability to engage in activities you once enjoyed.

Disability is the loss of your ability to do the same physical things that you did before you were injured.

Loss of earning capacity is the loss of your ability to work and earn money. It may be an amount equal to your lost wages as a result of the injuries you received in the incident. If you have suffered permanent injuries that affect your ability to work and earn money, it includes those monies you are likely to lose in the future because of your injuries.

The reason loss of earning capacity may exceed lost wages is because sometimes it can be shown that a person is earning a particular wage only temporarily and will be progressing up the income ladder. For example, if a college student is injured and can never work again, it would be unfair to say that the student’s earning capacity is what he or she was making at a part-time job at McDonald’s. Instead, expert witnesses are employed to demonstrate the likely earnings of the student over his or her work-life expectancy if the injury had not occurred.

Medical Case Against A Veteran's Hospital

John Day — Wed, 18 Jan 2012 06:42:11 -0600

I believe that I was a victim of medical malpractice while I was a patient at the VA hospital in Nashville. How much time do I have to file a medical malpractice claim against the VA?

You may have a claim under a law known as the Federal Tort Claims Act ("FTCA"). Under the FTCA, you cannot file suit without first filing a claim. Generally, the claim must be filed in writing using the appropriate forms and paperwork within two years of the time after the accident or injury. The claim must be filed with the appropriate federal agency.

The government then has six months to evaluate the claim. It may try to settle the case, or it may deny the claim. When the government denies a claim the claimant then has a right to file suit in federal court. If the government does not deny or settle the claim within six months you can deem the claim denied and file suit in federal court.

You will need the assistance of a lawyer to help you evaluate the case and handle the paperwork. I would not recommend that you attempt to file the claim on your own because the failure to do it correctly can have a devastating effect on your claim.

Attorney Says He Will Give Me Money Until My Case Settles!

John Day — Tue, 17 Jan 2012 06:33:01 -0600

I was injured in a car wreck and have been out of work for months. Money is very tight. I spoke with a lawyer and he told me he could loan me $1000 a month until my case settles. He also said that I do not have to pay interest. That seems like a good deal to me, but another lawyer I spoke with refused to do it, saying it was not ethical. What's the story?

The second attorney you spoke with was correct. In Tennessee it is unethical for an attorney to loan you money while he or she is representing you in a case. An attorney who promises to do so or actually does so should be reported to the Tennessee Board of Professional Responsibility at 800.486.5714. This sort of conduct can result in discipline against the attorney, including the loss of his law license.

Why should you care about the ethical failings of an attorney? If the attorney is willing to risk his or her law license to get your case, do you really think you can trust them to represent you with your best interests in mind?

Should I Hire a Lawyer to Help With My Long-Term Disability Claim?

John Day — Fri, 13 Jan 2012 05:56:49 -0600

I have a disability insurance policy through my job. I am disabled but the disability insurance company still says I have to submit and claim and go through all the paperwork. The company says it is up to me whether or not I get a lawyer. Do I need a lawyer?

I strongly recommend that you have the help of a lawyer. It sounds like your policy is going to be covered by a special federal law and, if your policy has language in it that is often found in such policies, a federal court that reviews any denial of your claim will be largely limited to looking only at the same evidence the insurance company looked at when it denied your claim. Thus, it is extremely important that your file with the insurance company contain all of the relevant material that can be used to support your claim, An experienced lawyer knows what material to submit in support of your claim and how to make the most persuasive argument that can be made on your behalf.

Also, depending on the language of your policy, it may be very difficult for a federal court to reverse the insurance company's decision to deny you benefits. If the policy so states, the judge can only reverse a decision to deny benefits if the judge finds that the insurance company "abused its discretion" in making its decision.

All too many people think that they can handle a claim for disability on their own and get a lawyer involved only after an appeal has been denied. Unfortunately, in many cases, the failure to get the help of an experienced lawyer involved early not only means the loss of an appeal but also the loss of the entire claim. While no lawyer can promise you that a claim will be approved if you have a lawyer's help, it is fair to say that your chances of having your claim approved increase if you have the help of a lawyer.

Many lawyers who do this type of work will work on a contingent fee basis, which means that they only get paid if they are successful in getting your claim approved. The Law Offices of John Day, P.C. helps people with long-term disability claims.

Is Bar Association Membership a Relevant Factor in Hiring a Personal Injury Lawyer?

John Day — Thu, 12 Jan 2012 18:41:46 -0600

I see a lot of Tennessee personal injury lawyers state that they are members of various bar associations. Does the fact that a lawyer is a member of a bar association mean anything to someone who is trying to select a lawyer to represent them in a personal injury or wrongful death case?

Many lawyers advertise that they are members of the Tennessee Bar Association, the American Bar Association, and / or their local bar association. Mere membership in these organizations tells consumers virtually nothing about a lawyer’s competence – all one needs to join these organizations is a law license and the money to pay the dues.

However, active membership in a bar association tends to indicate that the lawyer is interested in advancement of his or her profession. This is a relevant factor to be weighed by consumers because it indicates a passion for the law. A lawyer who has been active in bar associations will list those activities on his or her website. Those that do not list activities probably have not been active and are probably just dues-paying members.

Membership, particularly active membership in certain other types of bar associations is an important consideration for those who seek to hire a personal injury or wrongful death lawyer. A lawyer who does personal injury or wrongful death litigation on behalf of consumers should be a member of the Tennessee Association for Justice and the American Association for Justice. Once again, these associations have no entrance qualifications other than a law license and the ability to pay dues, but a lawyer who says he or she does personal injury and wrongful death work and does not belong to these organizations is, in our opinion, either not truly committed to protecting the rights of personal injury victims and their families or is too cheap to support the efforts of these organizations.

Both of these organizations work with legislators to help keep the courthouse doors open for ordinary people and work to educate their members. If a lawyer who seeks your case does not belong to these groups (both of them, not just one or the other), we respectfully suggest that you not even consider he or she to be your lawyer. If the lawyer is a member of both groups, then look to see how active he or she is in the organizations.

Those lawyers that are or have been committee chairs or members of the executive committee of these organizations have demonstrated that they are willing to volunteer their time to preserve the right of citizens to access the court system. Those who are merely members are at least saying that they will pay dues to support the organizations, but are unwilling or unable to make the sacrifice necessary to advance the goals of the groups.

All of the members of Law Offices of John Day P.C. are members of the Tennessee Association for Justice and the American Association for Justice. John A. Day has been President of the TAJ’s predecessor organization and has served on its Board for over 25 years. John has also served on the Executive Committee of AAJ’s predecessor and as Chair of the Council of State Presidents.

What Is A Deposition?

John Day — Wed, 11 Jan 2012 17:31:27 -0600

I was in a car accident in Springfield, Tennessee. I was hurt but I am not sure that I want to get involved in a lawsuit because I don't want to give a deposition. I really don't understand what a deposition is but my friend said she had to give a deposition and that it was bad. What is a deposition anyway?

A deposition is testimony given by a the person bring a lawsuit (the plaintiff) or the person who was sued (the defendant) or witness in a lawsuit before the case actually goes to trial. The person giving the statement is called the deponent.

A deposition is usually taken in the office of one of the lawyers involved in the case, although I have taken depositions in conference rooms, motel rooms and, one time, a bar.

At the beginning of the deposition the deponent is asked to swear or affirm that the statement will be truthful. The deposition is taken by a lawyer asking questions of the deponent. Usually, the lawyer for the plaintiff will take the deposition of the defendant and the lawyer for the defendant will take the deposition of the plaintiff. Either lawyer may take the deposition of other people who have knowledge about facts important in the case.

Most people are nervous about giving a deposition, but usually the lawyers involved are very courteous. Any lawyer you hire to help you with your case should prepare you for the deposition. He or she will not tell you what to say about the event or your injuries, but he or she will give you basic rules for conducting yourself at the deposition and practice with you to give you a feel for the deposition process.

You should not let your fear of a deposition stop you from bringing a valid claim arising from a car accident or any other situation.

************************************************************

Why Is My Medical History Important in a Tennessee Personal Injury Claim?

John Day — Mon, 09 Jan 2012 17:07:04 -0600

I am in a lawsuit over a car accident that wasn't my fault. The insurance company wants to see my old medical records. What does my past medical treatment have to do with my car wreck case involving a broken hip?

Answer: Your medical history is important in any case in which you are claiming to have suffered a physical or psychological injury as a result of someone else’s negligent or intentional act. Your medical history establishes the baseline of your physical or psychological well being before the injury. You can only recover in the lawsuit for the injury caused by the act or omission of the responsible person. You may not recover damages for physical and mental suffering or medical care necessitated by preexisting conditions. When a preexisting condition is made worse you can recover damages for the worsening of the condition. Your medical history will be important to proving this claim.

In your particular case, the insurance company will be looking to see if you had a prior hip problem or other medical problem that affected your overall well-being or your able to work or enjoy recreational activities.

The mere fact you were in a wreck doesn't mean that the insurance company has an automatic right to look at all of your medical records since the date you were born. An experienced Tennessee car accident lawyer can often limit the scope of the record review by the at-fault driver's insurance company.

++++++++++++++++++++++++++++++++++++++

What is Uninsured Motorist Insurance Coverage?

John Day — Mon, 09 Jan 2012 07:17:55 -0600

What is uninsured motorist coverage?

If the driver that causes a Tennessee car accident or truck accident does not have liability insurance, your own automobile insurance coverage may also apply in provide a source for monetary recovery to pay your medical bills and compensate you for your injuries. This type of insurance coverage is called uninsured motorist coverage - it provides you protection when you are hurt by an uninsured driver. Subject to certain limitations, you may recover damages under your own uninsured motorist policy if the other driver is proven to be uninsured.

Uninsured motorist coverage must be offered to each person who buys liability insurance in Tennessee. Thus, if you purchased liability insurance on your vehicle, you have uninsured motorist coverage unless you waived your right to have it in writing.

An experienced Tennessee car accident attorney or Tennessee truck accident attorney can examine your insurance policy and tell you whether you have this insurance coverage, the amount of the coverage, and whether any limitations in the law or the insurance policy limit your rights. If you do not appear to have uninsured motorist coverage this attorney can also help you determine whether you waived your right to purchase the coverage in the manner required by Tennessee law.

++++++++++++++++++++++++++++++++++++

Rights of Saleswoman in Car Accident During Work

John Day — Sun, 08 Jan 2012 19:48:43 -0600

I am a saleswoman for a office products company. I was driving from one customer's place of business to see another customer when I was in car wreck. The other driver ran into me at 45 miles per hour as I was stopped in traffic. My car was totaled and I spent three days in the hospital. What are my rights?

You have two potential claims. First, you have a worker's compensation claim because you were injured in the course of employment (assuming your employer has five or more employees). Under Tennessee worker's compensation law, you have a right to have your medical bills paid and to receive a portion of your wages paid while you are unable to work. If you have a permanent impairment as a result of your injuries you are entitled to a payment for the extent of disability caused by that impairment.

Second, you have a claim against the driver of the other car. This is called a "tort" claim.

Since your injuries were serious enough to require hospitalization, you almost certainly could benefit from the assistance of an experienced personal injury lawyer. This lawyer will be able to help you receive the benefits you are entitled to receive under the worker's compensation law and under tort law.

To preserve your worker's compensation claim rights be sure that your employer has notice that you were in the car wreck. It is best to give notice in writing. If the tort claim is not settled, a lawsuit must be filed within one year of the date of the wreck or your rights with be lost. The time period for filing a worker's compensation claim is dependent on your medical treatment - an experienced Tennessee worker's compensation lawyer can advise you of when you must act to protect your rights after he or she has been advised of your treatment course.

You need to know that your employer's worker's compensation insurer will have a right to recover the money it pays in worker's compensation benefits from any monies you receive in your auto accident case. Once again, an experienced Tennessee auto accident lawyer can explain this to you.

+++++++++++++++++++++++++++++++++++++++++++++++++++++

What Should I Do If Think My Neighbor Sexually Abuses My Son?

John Day — Thu, 05 Jan 2012 20:48:55 -0600

I have just discovered that my 10 year old son is being sexually abused by a neighbor. What do I do?

Here are my thoughts:

Immediately report this matter to the police. If there is any physical evidence of the abuse that you can readily put your hands on take it with you. Do not confront the neighbor on your own - seek the help of the police first.
Cooperate fully with the police. Your son will almost certainly need a medical examination. Cooperate with that effort.
Follow any reasonable instruction from the police department and the medical personnel.
If there is sufficient evidence the police will probably arrest your neighbor immediately. You will then be safe to go home.
Talk to a lawyer about getting a court order keeping your neighbor away from the house, you and the children of the event he makes bond and is able to get out of jail.
Get your son (and perhaps your other children) counseling. If you cannot afford private counseling the area rape trauma and sexual abuse center will give you a list of names of counselors who work for reduced rates. Some centers even provide some level of free counseling. You may need counseling yourself.
You may wish to talk to a lawyer about filing a civil lawsuit against your neighbor. Sexual abuse is not only a crime but can also result in civil liability for the tort of battery. "Civil liability" means that you may be able to collect money damages for the harm caused to your son. The type of damages that can be collected include compensatory damages and punitive damages. The Law Offices of John Day is available for a free consultation on Tennessee sexual abuse cases.

What You Should Do (And Not Do) After a Car Accident

John Day — Mon, 26 Dec 2011 08:35:59 -0600

Here is a list of things you should do (or should not do) after a automobile or truck accident:

1) You should call the police. Ignore any request by the other driver to "let the insurance companies handle it" or "keep the police out of it - I can't afford a ticket."

2) Tell the police officer(s) the truth about what occurred. Do not guess or try to fill in facts.

3) Be careful what you say to the other driver. Be polite, but not chatty.

4) If you have a camera in your car, photograph the accident scene and damage to both vehicles (or as soon as practically possible). Include photos of any skidmarks, yaw marks, gouge marks, etc.

5) If you believe your are injured, obtain medical treatment as soon as possible.

6) Contact your insurance company immediately to report the accident.

7) DO NOT talk with anyone who calls you from the other driver's insurance company.

8) Do not panic if the police report is inaccurate as to how the accident occurred. The police report is not admissible in evidence in Tennessee. However, if the police report is inaccurate, it is important that you talk with a lawyer quickly.

9) Employ an attorney promptly if you received any injuries in the accident.

10) Keep a list of the doctors and other health care providers you have seen.

11) Do not write about your accident or medical treatment on Facebook, Twitter, or any other social media.

+++++++++++++++++++++++++++++++++++++++++++++++++