Putting Clients First, Not Marketing Budgets

Many law firms allocate a significant portion of their budget to advertising. While marketing can increase visibility, it doesn’t directly improve the outcome of your case. In fact, high advertising costs can sometimes mean fewer resources available for the things that truly matter—like building a strong, evidence-backed claim.

We believe your case deserves more than a catchy slogan or a familiar face on a billboard. It deserves time, attention, and real investment.

Where Your Case Actually Needs Resources

Serious injury and trucking accident cases are complex. Winning—or securing the maximum possible recovery—requires a deep level of preparation and strategy. That’s where we focus our resources:

• Expert Witnesses: We invest in top-tier experts, including accident reconstructionists, medical professionals, and industry specialists who can clearly explain what happened and how it impacted your life.
• Thorough Investigations: From gathering police reports to securing black box data and driver logs, we dig deep into every detail.
• Litigation Preparation: If your case needs to go to trial, we are fully prepared. That means investing in depositions, trial exhibits, and courtroom strategy—not cutting corners.
• Client Support: We prioritize communication, case updates, and making sure you feel supported every step of the way.

Why This Matters for You

Insurance companies pay attention to how a law firm operates. Firms that are known for investing in their cases—and being willing to go the distance—often have stronger negotiating power. When the opposing side knows your legal team is prepared and well-resourced, it can lead to better settlement offers and stronger outcomes.

A Different Kind of Commitment

Choosing a law firm is one of the most important decisions you’ll make after an accident. You deserve a team that prioritizes your recovery—not their advertising reach.

Our philosophy is simple: every dollar should work toward building your case, telling your story, and pursuing the best possible result.

Because at the end of the day, it’s not about how many people see our name—it’s about how well we serve the people who trust us when it matters most

In many situations, cases settle before reaching a courtroom. However, the ability and willingness to go to trial plays a critical role in the value of a case. Insurance companies carefully evaluate the lawyer representing the injured person. If they know the attorney rarely goes to trial, they may be less inclined to offer full and fair compensation. On the other hand, when a law firm has a reputation for taking cases before a jury, it often changes how the other side approaches negotiations.

At The Hamilton Firm, our attorneys understand that serious injury cases sometimes require litigation to achieve justice. We prepare every case as if it may ultimately be presented to a jury. This approach demonstrates to insurance companies and defense attorneys that we are prepared to fight for our clients when necessary.

One of the firm’s leading trial attorneys, Patrick Cruise, has extensive courtroom experience. Over the course of his career, he has tried cases before juries in Tennessee, Georgia, and Louisiana. These trials have resulted in numerous substantial jury verdicts on behalf of injured clients. His experience in the courtroom helps ensure that each case is approached with the preparation, strategy, and determination necessary to pursue meaningful results.

Trial experience is about more than just appearing in court—it’s about understanding how to present evidence, tell a client’s story effectively, and advocate before a jury. Lawyers who regularly handle trials develop the skills and confidence needed to stand up to large insurance companies and corporate defendants.

If you or a loved one has been seriously injured, it’s important to work with a lawyer who has the experience to pursue the full value of your case. At The Hamilton Firm, we are committed to standing by our clients and fighting for them—from the first consultation through trial if necessary.

When the stakes are high, experience in the courtroom matters.

Trucking accident litigation is far more complex than a typical car accident case. These claims often involve federal regulations, commercial insurance policies, multiple liable parties, and extensive accident reconstruction. Because of this, many attorneys choose to partner with firms that focus specifically on trucking cases to ensure their clients receive the best possible representation.

One of the reasons attorneys confidently refer these cases to our firm is the experience and reputation of Patrick Cruise, a leading advocate at The Hamilton Firm. Patrick is Board Certified and widely recognized by his peers as an outstanding advocate for individuals who have suffered serious injuries. Over the years, he has written extensively on personal injury and trucking litigation and has been published numerous times on these topics.

In addition to his written work, Patrick has also been invited to speak at bar associations and legal conventions, sharing his knowledge with other attorneys about the complexities of trucking accident litigation. His experience handling these cases allows our firm to approach them with the strategy, resources, and insight needed to pursue meaningful results for injured clients.

Insurance companies pay close attention to the attorneys involved in trucking cases. They know which lawyers regularly handle these complex claims—and which ones do not. That distinction matters. When insurance carriers recognize that a case is being handled by a firm with a proven track record in trucking litigation, it often changes how the case is evaluated and negotiated.

At The Hamilton Firm, we take pride in the trust that attorneys across the country place in us. When serious trucking accidents happen, having a lawyer who understands the unique challenges of these cases can make a significant difference in protecting the rights of injured individuals and their families.

If you are an attorney with a trucking case in Tennessee, Georgia, or the surrounding region, our team is always available to discuss how we can help.

Georgia recognizes two separate types of claims in a wrongful death action. One is the claim filed by the family member(s) to recover the “full value of the life of the decedent”. This would include tangibles such as lost wages and value for services and intangibles such as loss of companionship and enjoyment of life. The second claim is the estate claim which are aimed at addressing the decedent’s own losses and include medical bills associated with the cause of death, funeral expenses, pain and suffering prior to death, and shock and terror experienced prior to death. There can also be a punitive damages claim.

The statute of limitations is two years from the date of death, regardless of when the cause of death is discovered, with certain exceptions. Potential exceptions include, but are not limited to, the following: (1) death caused by a criminal act, (O.C.G.A. §9-3-99); (2) incompetency (O.C.G.A. §9-3-90); and (3) the estate claim statute may be tolled if the decedent’s estate is unrepresented (O.C.G.A. §9-3-92). A shorter deadline may apply if the claim is against a governmental agency/entity.

Want to know more about Attorney Annette Kelley? Or do you need our law firm’s help with an injury claim in Chattanooga? Call (423) 634-0871 or submit an online contact form now.

More About Super Lawyers®

Super Lawyers® is a nationwide organization that reviews, rates, and recognizes legal professionals who have “attained a high-degree of peer recognition and professional achievement,” as it is explained on the official Super Lawyers website. To make sure that no other organization can copy the unique way that Super Lawyers selects and honors attorneys, it has patented its multistep selection process. Also, when the selection process ends each year, no more than 5% of practicing attorneys will be included in the annual membership listing.

Once again, please join us in congratulating Attorney Patrick Cruise for his Mid-South Top 100 Tennessee Super Lawyers® 2024 selection!

Want to know more about Attorney Patrick Cruise? Or do you need our law firm’s help with an injury claim in Chattanooga? Call (423) 634-0871 or submit an online contact form now.

More About Super Lawyers®

Super Lawyers® is a nationwide organization that reviews, rates, and recognizes legal professionals who have “attained a high-degree of peer recognition and professional achievement,” as it is explained on the official Super Lawyers website. To make sure that no other organization can copy the unique way that Super Lawyers selects and honors attorneys, it has patented its multistep selection process. Also, when the selection process ends each year, no more than 5% of practicing attorneys will be included in the annual membership listing.

If you have a potential wrongful death claim in Tennessee, don’t wait!  Call The Hamilton Firm for a free consultation. 

Patrick Cruise and Annette Kelley just finished up a jury trial in Newton County, Georgia. Our client sustained an abrasion to her arm and lower back pain as the result of a car wreck. The insurance company offered to settle the case for a low amount before trial. We tried to be reasonable: our client advised she would accept less than the value of her case, but the insurance company wouldn’t even pay that amount. As a result, the case proceeded to trial. The jury returned a reasonable and fair verdict in the amount of $75,000.

The Hamilton Firm will fight for you, even if you don’t have a “big” case. All cases are important. There are many lawyers who will not try cases. There are many lawyers who handle personal injury cases and have never tried a case to a jury. There are many lawyers who have never obtained a favorable verdict at trial. Yet, those are the lawyers you often see on television and billboards.

The truth is that the only way a plaintiff can obtain fair compensation is if his/her lawyer is willing to take the case to trial. When you hire a lawyer, make sure you hire a lawyer that will actually take your case to trial when needed, and a lawyer who has a proven track record of success at trial. The Hamilton Firm does.

From all of us at The Hamilton Firm LLC, we want to extend congratulations to Attorney Patrick Cruise for his selection to the Mid-South Top 100 Tennessee Super Lawyers® 2024. To earn this title, an attorney must not only be considered “outstanding” enough to be selected to Super Lawyers but also go above and beyond enough to be considered to be among the “Top 100” attorneys in a region. This year, only three lawyers in Chattanooga were selected to the Top 100 Tennessee Super Lawyers®, so it is especially exciting to hear that Attorney Cruise was chosen among them.

In addition to his Mid-South Top 100 Tennessee Super Lawyers selection, Attorney Cruise has also been recognized by Super Lawyers in 2013 – 2016 and 2018 – 2024, all for his work with Personal Injury – General: Plaintiff cases. Super Lawyers selection only lasts for one year, so attorneys must provide legal counsel that is consistently remarkable if they want to earn the title again. For this reason, we find it even more impressive that he has earned recognition nearly 10 times. We look forward to seeing how many more Super Lawyers selections he will earn throughout the many more years of his legal career.

Once again, please join us in congratulating Attorney Patrick Cruise for his Mid-South Top 100 Tennessee Super Lawyers® 2024 selection!

Want to know more about Attorney Patrick Cruise? Or do you need our law firm’s help with an injury claim in Chattanooga? Call (423) 634-0871 or submit an online contact form now.

More About Super Lawyers®

Super Lawyers® is a nationwide organization that reviews, rates, and recognizes legal professionals who have “attained a high-degree of peer recognition and professional achievement,” as it is explained on the official Super Lawyers website. To make sure that no other organization can copy the unique way that Super Lawyers selects and honors attorneys, it has patented its multistep selection process. Also, when the selection process ends each year, no more than 5% of practicing attorneys will be included in the annual membership listing.

When you are hiring a lawyer, trial experience matters more than you might think! Any claim might end up going to trial, so you need to know if the attorney you hire can take your case to court for litigation.

Don’t make the mistake of thinking every personal injury attorney can go to trial, either. Many attorneys and law firms refuse to go to trial and will only work on cases that can reach a settlement in a conference room, not a courtroom. For this reason, it is likely that many personal injury lawyers in your area have literally never tried a case, even if they have worked on thousands of cases. Insurance companies know which lawyers haven’t been to trial, so you should, too.

Why is Trial Experience So Important?

Real-world experience is always important in all applications, including trial experience. No matter how much an attorney studies the law, talks with clients, and negotiates with opposing parties, none of it will add up to even a minute of experience gained through the unique trial process. As mentioned, every case has a chance of ending up in trial if the opposing party won’t cooperate or offer a fair settlement amount, so in this way, trial experience is important in every case.

If you choose a personal injury lawyer with real courtroom experience, you can appreciate their:

1. Familiarity with courtroom procedures: A lawyer with trial experience understands the intricacies of courtroom procedures, including the rules of evidence, the process of selecting a jury, and the proper way to present arguments.
2. Negotiation leverage: Insurance companies are sometimes more likely to offer a fair settlement when they know the opposing lawyer is willing and able to take the case to trial, and that they can back up their words with a history of courtroom victories.
3. Thorough case preparation: Trial-experienced lawyers know how to thoroughly prepare cases. They know how to gather and present evidence, secure expert witnesses, and build a compelling narrative that shows the client’s side clearly.
4. Confidence and strategy: Having been through it all before, experienced trial lawyers possess the confidence and strategic insight needed to handle unexpected developments in the courtroom, such as cross-examining witnesses, objecting to inadmissible evidence, and adapting persuasive arguments to what the current judge and jury want to hear.
5. Client assurance: Clients often feel more assured knowing their lawyer has successfully handled trials in the past, so the entire process feels like less “work” overall.

What to Ask an Attorney About Trial Experience

You should feel free to ask about an attorney’s trial experience before hiring them because it can be a direct gauge that shows the lawyer’s ability to effectively handle your case, negotiate settlements, and provide confident representation in court. Understanding an attorney’s track record with trials can offer valuable insights into their experience, preparedness, and strategic approach, all of which are obviously important to you, the client. By asking about trial experience, you can make an informed decision about who is representing you.

Ask any lawyer you may hire a few questions about trial experience first, such as:

• Have you ever tried a jury trial?
• How many have you tried?
• Have you had any significant jury verdicts?
• How many cases have you won versus how many have you lost?

If you have a serious case, you need a serious lawyer who is willing to take the case to a jury trial if necessary. If the attorney you are thinking of hiring won’t even answer or humor your questions, they might be a bad fit for you. Make sure you get a chance to ask the right questions before signing an attorney contract.

At The Hamilton Firm LLC, our Chattanooga personal injury attorneys welcome all questions from prospective clients, especially those about our trial experience. We are known throughout Tennessee, Georgia, and Alabama for our impressive history of trial results for a variety of injury cases that went to court, including many that involved truck accidents and catastrophic injuries. Call (423) 634-0871 or contact us online if you need a law firm with significant trial experience to handle your case.

Patrick A. Cruise: A Decade of Distinction

For Patrick A. Cruise, this marks an extraordinary milestone as it is his 10th consecutive year receiving the prestigious title of Mid-South Super Lawyer. Board Certified in Truck Accident Law by the National Board of Trial Advocacy, Patrick has consistently demonstrated an unparalleled commitment to his clients and the legal profession.

With a career spanning nearly 22 years as a trial lawyer, Patrick has become a formidable force in advocating for plaintiff’s personal injury cases in Tennessee. His track record speaks volumes, having secured millions of dollars in compensation for injury victims and their families. Patrick’s success is not only measured in financial terms but also in the trust and respect he has earned from both clients and peers.

An unwavering commitment to the highest professional and ethical standards has been the hallmark of Patrick’s career. His dedication to seeking justice for his clients sets a standard that inspires others in the legal community.

Annette Kelley: A Champion for Fairness and Justice

Since joining The Hamilton Firm in 2012, Annette Kelley has consistently demonstrated her commitment to fairness and justice in every case she handles. Her applied legal expertise, exceptional work ethic, and unwavering persistence have resulted in millions of dollars in settlements for clients she represents.

Licensed to practice in Tennessee, Georgia, and Alabama, Annette has shown that geographical boundaries are no limit to her dedication to client success. She firmly believes in cultivating lasting attorney-client relationships, a principle that has contributed significantly to her success and the satisfaction of those she serves.

Super Lawyers Recognition: A Distinction Earned

The Mid-South Super Lawyers recognition is a significant accolade, with no more than 5% of lawyers in each state being selected each year. Additionally, no more than 2.5% are chosen as Rising Stars. This recognition is a testament to the outstanding legal skill, peer recognition, and professional achievement demonstrated by Patrick and Annette.

Super Lawyers, a Thomson Reuters business, employs a patented multiphase process for the annual selections. This process includes a statewide survey of lawyers, an independent research evaluation of candidates, and peer reviews by practice area. It is a rigorous and thorough approach that ensures only the most deserving attorneys receive this prestigious honor.

Patrick A. Cruise and Annette Kelley’s selection as 2023 Mid-South Super Lawyers is a momentous achievement that reflects not only their legal prowess but also their commitment to the principles of justice, fairness, and client advocacy. We congratulate them on this well-deserved recognition and look forward to their continued success in the legal field.

Getting involved in an accident with a truck could have devastating effects. Depending on the circumstances of the accident, you could be left with catastrophic injuries that turn your whole life upside down, with a long road to recovery ahead. From lengthy physical therapy to regain full motor control to the mental impact of a catastrophic injury, recovery is never easy. Here are some ways to recover from a catastrophic injury following a truck accident.

Physical Recovery

One of the most important parts of the recovery process from a catastrophic injury is focusing on your physical recovery. Speak with your doctor and other medical experts to help you build the best timeline for your recovery. Here are some elements that can help you in your recovery:

Build a Healthy Routine

Whatever your routine following an injury is, focusing on healthy daily aspects can aid you as you heal. Get enough rest, at least 8 hours a day, in addition to a healthy diet with three balanced meals every day and plenty of fluids.

Stretch

In addition to your physical therapy plan, stretching each day can go a long way toward recovery. Don’t strain too much, but ease your body back into its movement as much as you can in your recovery process.

Inpatient vs. Outpatient Rehab

Rehabilitation can take many forms and depends on your recovery needs and lifestyle. Speak with your doctor to find the right rehab process for you.

Mental Recovery

Just as important as physical recovery is your mental recovery. Taking care of your mental health and finding healthy habits to come to terms with the accident is a great way to heal.

Therapy

Physical therapy may not be the only beneficial therapy after a catastrophic injury. Consider going to therapy to speak about the incident. With telemedicine opening options to see a therapist from home, many opportunities exist to speak about how you feel. Even if you can’t afford therapy, finding someone you are comfortable with to speak about the accident and how you feel can help your recovery.

Progress Slowly if Returning to Driving

If you are able to return to driving, take it slowly. Do short drives and avoid busy highways until you feel physically and mentally comfortable getting back on the road.

Take Care of Your Mental Health

No matter how your recovery process is going, taking care of your mental health is important overall. Take breaks, enjoy your hobbies, and take care of yourself. It’s vital for your overall health.

How Long Does Recovery Take?

Recovery can be a long road. With the amount of variables, such as the extent of injuries and costs, it can be hard to tell how long recovery can take. Focusing on your physical and mental recovery is the most important thing to consider after a truck accident.

RELATED: Common Injuries Sustained in Truck Accidents

Work with an Attorney to Ease Your Burden

While recovery can be stressful and even financially burdensome, it’s crucial to have a legal team on your side to help ease your burden. The attorneys at The Hamilton Firm LLC have helped countless clients find the financial compensation they deserve for their catastrophic injuries following a truck accident to help them on their road to recovery.

If you or a loved one has been injured in a truck accident, call the team at The Hamilton Firm LLC for a free consultation.

1. Documenting the Scene of the Accident

It is essential to document the scene of the accident as thoroughly as possible. This includes taking photographs and videos of the accident scene, the damaged vehicles, and any visible injuries you sustained. Be sure to capture different angles and distances to provide a comprehensive view of the scene. Additionally, collect the contact information of any witnesses who can provide a statement about the accident.

2. Obtaining the Police Report

After a truck accident, it is crucial to contact the police and file a report. The police report will serve as an official record of the accident and can be a valuable piece of evidence in your personal injury claim. Be sure to obtain a copy of the report as soon as it becomes available.

3. Seeking Medical Attention and Documenting Injuries

Even if you feel fine after the accident, it is important to seek medical attention as soon as possible. Some injuries may not be immediately apparent and can worsen over time if left untreated. Be sure to keep detailed records of all medical treatments, diagnoses, and expenses related to your injuries. This documentation will be crucial in proving the extent of your injuries and the costs associated with your recovery.

4. Collecting Information on the Truck Driver and Trucking Company

After a truck accident, it is important to gather information on the truck driver and the trucking company they work for. This includes the driver’s name, contact information, driver’s license number, and insurance information. Additionally, collect information on the trucking company, such as their name, contact information, and insurance carrier. This information will be essential in determining liability for the accident and pursuing a personal injury claim.

5. Preserving Evidence from the Truck’s Data Recorder

Many commercial trucks are equipped with electronic data recorders, often referred to as “black boxes,” which can provide crucial information about the truck’s operation leading up to the accident. This data can include the truck’s speed, braking, and other driving behaviors. It is important to act quickly to preserve this evidence, as the data can be overwritten or lost over time. A skilled personal injury attorney can help you obtain and analyze this data to support your claim.

How The Hamilton Firm LLC Can Help

At The Hamilton Firm LLC, we understand the importance of gathering evidence after a truck accident and have the experience and resources to help you build a strong personal injury claim. Our dedicated team will work tirelessly to investigate your accident, gather crucial evidence, and advocate on your behalf to ensure you receive the compensation you deserve.

If you or a loved one has been injured in a truck accident in Chattanooga, TN, do not hesitate to contact us for a free consultation. We are here to help you navigate the complex legal process and fight for your rights every step of the way.

1. Driver Fatigue

One of the leading causes of truck accidents is driver fatigue. Long hours on the road without proper rest can lead to drowsiness and impaired judgment, increasing the risk of accidents. To prevent driver fatigue:

• Ensure that truck drivers follow the Federal Motor Carrier Safety Administration’s (FMCSA) Hours of Service regulations, which limit the number of hours a driver can be on duty and require regular breaks.
• Encourage drivers to take naps during their breaks and provide them with a comfortable sleeping environment in their trucks.
• Invest in technology that monitors driver alertness and provides warnings when fatigue is detected.

2. Distracted Driving

Distracted driving is another leading cause of truck accidents. Using a phone or engaging in other activities while driving diverts a driver’s attention from the road, increasing the risk of accidents. To prevent distracted driving:

• Implement strict policies prohibiting the use of handheld devices while driving.
• Encourage drivers to use hands-free devices and voice-activated systems if they need to communicate while on the road.
• Invest in technology that detects and alerts drivers when they are engaging in distracting activities.

3. Speeding

Speeding is a common cause of truck accidents, as it reduces the amount of time a driver has to react to potential hazards and increases the severity of collisions. To prevent speeding:

• Enforce strict speed limits for truck drivers and provide regular reminders of the importance of adhering to these limits.
• Install speed limiters on trucks to prevent drivers from exceeding the maximum allowed speed.
• Use GPS tracking systems to monitor driver speed and provide feedback on their driving habits.

4. Poor Vehicle Maintenance

Poor vehicle maintenance can lead to mechanical failures that cause truck accidents. Regular maintenance checks are essential in ensuring that trucks are safe to operate on the roads. To prevent accidents due to poor vehicle maintenance:

• Follow a strict maintenance schedule and perform regular inspections of trucks to identify and address potential issues before they become hazardous.
• Train drivers on basic vehicle maintenance tasks and encourage them to report any issues they encounter while on the road.
• Invest in technology that monitors vehicle performance and alerts drivers and fleet managers to potential maintenance issues.

5. Inadequate Driver Training

Inadequate driver training can result in truck drivers being unprepared to handle the challenges of operating a large vehicle on the road. Proper training is crucial in preventing accidents. To ensure adequate driver training:

• Invest in comprehensive training programs that cover both classroom instruction and hands-on driving experience.
• Provide regular refresher courses and updates on industry best practices and safety regulations.
• Partner with industry associations, such as the American Trucking Associations, to access resources and support for driver training initiatives.

If you or a loved one has been involved in a truck accident, understanding the causes can be crucial in determining liability and pursuing compensation. At The Hamilton Firm LLC, our experienced attorneys can help you navigate the complexities of truck accident cases and ensure that your rights are protected. Contact us today for a consultation and let us help you get the compensation you deserve.

And, under T.C.A. § 24-5-113(b):

“ . . . if an itemization of or copies of the medical, hospital or doctor bills which were paid or incurred because of such personal injury are served upon the other parties at least ninety (90) days prior to the date set for trial, there shall be a rebuttable presumption that such medical, hospital or doctor bills are reasonable.”

But what if, after an injury causing accident, a hospital files submits its charges to Blue Cross Blue Shield (BCBS) or some other insurance company, gets paid the reasonable and customary amount provided by their contract, and then tries to collect the difference between the billed amount and the contract amount by perfecting a lien against the cause of action under T.C.A. §§ 29-22-102 (Tennessee Hospital Lien Act)?

In West v. Shelby County Healthcare Corp. 2014 Tenn. LEXIS 1033, (12/19/14), the Tennessee Supreme Court, said, in essence, that hospitals cannot have their cake and eat it too. If they accept the contract amount, that is all they get.

“We have already held thatpersons insured by an insurance company are intended third-party beneficiaries of the contract between their insurance company and a hospital. Benton v. Vanderbilt Univ., 137 S.W.3d 614, 620 (Tenn. 2004). Thus, with regard to an insurance company’s customers, “reasonable charges” are the charges agreed to by the insurance company and the hospital. Nishihama v. City &Countyof San Francisco, 93 Cal. App. 4th 298, 112 Cal. Rptr.2d 861, 867 (App. Ct. 2001); Hoffman v. Travelers Indem. Co. of Am., 2013-1575, p. 10 (La. 5/7/2014); 144 So.3d 993, 1000. The Med’s contract with BCBST and BHSG defined what the reasonable charges for the medical services provided to Mses. West and Heags-Johnson would be.”

But even the Court got a bit confused when it pointed out that:

“The presumption in Tenn. Code Ann. § 24-5-113(a)(1) (2000) that itemized medical bills are necessary and reasonable does not apply to this case. That presumption applies only to personal injury actions brought in any courtby injured parties against the persons responsible for causing their injuries. Tenn. Code Ann. § 24-5-113(a)(2). In addition, the presumption does not apply when the total cost of the medical bills exceeds $4,000. Tenn. Code Ann. § 24-5-113(a)(3). The claims made by Mses. West and Heags-Johnson are not personal injury claims against the persons who caused their injuries, and the amount of each claim exceeded $4,000. Accordingly, we must assess the reasonableness of the Med’s charges without the presumption that they are reasonable.”

Actually, as we point here, there is a rebuttable presumption of reasonableness, regardless of the amount, if the bills are served on the other parties at least 90 days in advance of trial under T.C.A. § 24-5-113(b).

Have you been hit by a commercial vehicle? If your looking for a trucking accident lawyer? Get in touch with us. We’re here to help you get compensation for your trucking accident.

You probably would not hire your family practice physician or PCP to perform brain surgery, and you probably should not hire a general practice lawyer, or a probate lawyer, tax lawyer or bankruptcy lawyer to handle a serious injury case. Every lawyer licensed in your state is technically qualified to represent you in court, but lawyers specialize, just like doctors. There are many lawyers who rarely ever go to court, and there are some who have never been to court at all, except to get sworn in! They may be excellent lawyers, but they only handle transactions, or draft contracts, wills or trusts.

Some lawyers have developed their specialties through experience and others may have earned credentials similar to Board certification for doctors. Personal injury lawyers have to be licensed to practice law, just like every other lawyer in your state. But good personal injury lawyers have to be prepared to take the client’s case to court, and need to have real trial experience and solid credentials. How do you know if the lawyer you are considering has the experience needed for your personal injury case, and is reputable, effective and honest?

Here Are Some Guidelines to Help You Find the Best Lawyer for Your Personal Injury or Wrongful Death Case:

These guidelines can also help you find the best lawyer for your divorce or a criminal case, estate planning, or bankruptcy:

• Start by learning about your legal problem. Search the internet, and read some articles, so you can begin to understand the issues in your case. For instance, if you are injured on the job, you can probably seek workers compensation benefits from your employer, but generally you cannot sue your employer for causing the injury, and your recovery may be limited to medical expenses and some disability benefits. If your injury was due to a wreck, you may be able sue the person or company who was at fault, and recover for your medical expenses, lost earnings, permanent disability, and pain and suffering.
  
• Use a genuine peer reviewed and/or client reviewed directory or rating service to identify lawyers who have the necessary experience and credentials to handle your case. Here are some of the best online resources for obtaining unbiased ratings from other lawyers and from clients: Superlawyers.com/ | lawyers.com
• Warning: The internet is full of lawyer referral services which are nothing but paid advertising, with no assurance of experience or credentials. Be careful and check out the source.
  
• Depending on the situation, ask family, friends or a trusted professional for the names of some attorneys who you might want to contact. Good attorneys will usually have a good reputation in the community.

At this point, you should have a “short list” of two or three names. Contact each attorney and schedule a consultation. Personal injury attorneys generally work on a contingency fee basis and generally do not charge anything for the initial consultation. Other kinds of lawyers will often provide a free or low cost initial consultation to discuss your situation, determine whether he or she can help and to give you an opportunity to ask some questions. If you have a serious injury case, make sure you are meeting with an attorney, and not just with a paralegal or case manager. Paralegals often assist attorneys with their cases, and provide invaluable service to clients, but the first meeting with a prospective client should be conducted by an attorney.

Beware of any lawyer or “investigator” who drops by your home or hospital room uninvited or anyone who offers you money or other benefits to get you to sign up with them. Such conduct is illegal and unethical on the part of the lawyer or law firm.

Please report any such solicitations to the Tennessee Board of Professional Responsibility, the State Bar of Georgia, or the Alabama State Bar (depending on which state you are in). If you are in another state, call the state bar association, and report the illegal solicitation.

Do not sign a representation contract until you have thoroughly checked out the lawyer you are considering.

Beware of “Investigators

We have had many reports of so-called “investigators” calling or even dropping in on injured persons or their family members at the hospital claiming to be investigating the case. They are really just trying to solicit the case for an unethical, and probably unqualified, lawyer. If you did not initiate the call and invite the “investigator” to visit you, tell him or her to leave immediately or you will report them to the bar association.

Beware of Anyone Offering Cash, Loans or Other Benefits

It is also illegal and unethical for lawyers to offer cash or other benefits to a prospective client or family in order to get the case. Lawyers are prohibited from loaning money to clients in personal injury or death cases for any purpose other than advancing court costs and expenses of litigation. Examples of the latter include: obtaining medical records, retaining an accident reconstruction expert, paying court reporter and videographer fees for depositions, preparing courtroom exhibits or animations.

Beware of TV Advertising Lawyers

Lawyers advertising on television are usually looking for cases they can settle quickly and earn a fast fee, rather than diligently working the case through for the benefit of the injured client. They are often speaking for high volume settlement mills – law firms that rarely try cases. Such firms are unwilling to invest the time and resources that serious cases require. If they can’t get a quick settlement they often bail out, and either withdraw from the case, or just refer it to another lawyer. Trucking cases require a big investment of time and resources on the front end, as soon after the wreck as possible, and the lawyer you choose must be willing to commit his or her expertise, time and resources to the case immediately.

Beware of Lawsuit Loans and Predatory Lenders

Serious accident can cause a lot of financial difficulty. You can’t work, and the bills just keep coming in. It is very tempting to obtain a cash advance or non-recourse loan against your lawsuit. While your lawyers is prohibited from loaning you money for anything other than court costs and expenses of litigation, there are lots of other entities out there who will loan you money against your lawsuit, but the costs are very high. Be careful. Beware of any lawyer suggesting that you accept such an advance or loan, particularly at the outset of the case. Our firm usually discourages clients from accepting cash advances or loans from third parties.

Personal injury or wrongful death cases can take years to settle or come to trial. The interest rates on a typical lawsuit loan are very high, comparable to payday loans, perhaps 50% or more. On a $25,000 lawsuit loan, the interest alone may cost you $12,500 or more in just one year. Consider other resources, like insurance proceeds, disability payments, or loans from friends and relatives. You lawyer can assist you in exploring other options for assistance.

How to Choose A Lawyer

Direct Solicitation of Cases By Lawyers Is Prohibited

The ABA (American Bar Association) Model Rules of Professional Conduct prohibit lawyers from soliciting potential clients for a case, unless the potential client “has a family, close personal, or prior professional relationship with the lawyer.” (Rule 7.3) A lawyer is not supposed to contact an injured person, or the victim’s family or friends, unless he or she already has a family or close personal connection with the injured person, or has represented that person before. Uninvited home or hospital visits, telephone calls or other electronic contact (email, or other messaging) for the purpose of soliciting a case is prohibited.

The Aba Model Rules Are a National Standard, With Variations Adopted by Each State:

Tennessee: Rule 7.3(a) provides:

“A lawyer shall not by in-person, live telephone, or real-time electronic contact solicit professional employment from a potential client when a significant motive for the lawyer’s doing so is the lawyer’s pecuniary gain, unless the person contacted: (1) is a lawyer; or (2) has a family, close personal, or prior professional relationship with the lawyer; or (3) has initiated a contact with the lawyer.”

Georgia: Rule 7.3(d) provides:

“A lawyer shall not solicit professional employment as a private practitioner for the lawyer, a partner or associate through direct personal contact or through live telephone contact, with a nonlawyer who has not sought advice regarding employment of a lawyer.”

Alabama: Rule 7.3(a) provides:

“A lawyer shall not solicit professional employment from a prospective client with whom the lawyer has no familial or current or prior professional relationship, in person or otherwise, when a significant motive for the lawyer’s doing so is the lawyer’s pecuniary gain. A lawyer shall not permit employees or agents of the lawyer to solicit on the lawyer’s behalf. A lawyer shall not enter into an agreement for or charge or collect a fee for professional employment obtained in violation of this rule. The term “solicit” includes contact in person, by telephone, telegraph, or facsimile transmission, or by other communication directed to a specific recipient and includes contact by any written form of communication directed to a specific recipient and not meeting the requirements of subdivision (b)(2) of this rule.”

The collateral source rule is a rule of evidence that prohibits consideration of such collateral sources of payment or benefit to the plaintiff in a personal injury case. So, where the collateral source rule is in effect, upon the trial of a personal injury case, a defendant cannot offer evidence that the plaintiff had medical insurance coverage that paid all or part of the medical expenses caused by the accident, or that he or she had a long term disability (LTD) policy, or other disability benefits. Currently, certain advocates of “tort reform” in Tennessee (big business, insurance companies and the Chamber of Commerce) want to abolish the collateral source rule in Tennessee and permit defendants to introduce evidence of the injured plaintiff’s own medical and disability insurance coverage at trial.

Tennessee already gives doctors and hospital a big break by disallowing recovery of many collateral sources of payment or benefit to the plaintiff in medical malpractice or “health care liability” cases, T.C.A. § 29-26-119:

“In a health care liability action in which liability is admitted or established, the damages awarded may include (in addition to other elements of damages authorized by law) actual economic losses suffered by the claimant by reason of the personal injury, including, but not limited to, cost of reasonable and necessary medical care, rehabilitation services, and custodial care, loss of services and loss of earned income, but only to the extent that such costs are not paid or payable and such losses are not replaced, or indemnified in whole or in part, by insurance provided by an employer either governmental or private, by social security benefits, service benefit programs, unemployment benefits, or any other source except the assets of the claimant or of the members of the claimant’s immediate family and insurance purchased in whole or in part, privately and individually.” (Emphasis supplied)

But this is not a rule of evidence. It is a limitation on damages, and the Tennessee Supreme Court has held that T.C.A. § 29-26-119 is “in derogation of the common law rule that allowed plaintiffs to recover medical expenses, whether paid by insurance or not” so “it must be strictly construed”, Hunter v. Ura, 163 S.W.3d 686 (2005).

How do neighboring states handle collateral source “evidence”? Collateral sources of payment or benefit to the injured plaintiff are not allowed into evidence in Georgia. See Denton v. Con-way Southern Express, 261 Ga. 41 (1991), (overruled on other grounds).

In Alabama, collateral sources of payment of medical expenses are admissible, under Ala. Code Sec. 12-21-45(a):

“In all civil actions where damages for any medical or hospital expenses are claimed and are legally recoverable for personal injury or death, evidence that the plaintiff’s medical or hospital expenses have been or will be paid or reimbursed shall be admissible as competent evidence. In such actions upon admission of evidence respecting reimbursement or payment of medical or hospital expenses, the plaintiff shall be entitled to introduce evidence of the cost of obtaining reimbursement or payment of medical or hospital expenses.”

But the plaintiff can offer evidence that he or she is “obligated to repay the medical or hospital expenses which have been or will be paid or reimbursed.”

In Alabama, the “collateral source rule has been abrogated, but it is a rule of evidence and not a law of damages. Therefore, the jury has discretion to consider all the evidence and to either reduce the award or not based on the collateral source payments.” AMF Bowling Ctrs. v. Dearman, 683 So. 2d 436, (Ala. Civ. App. 1995).

So, while Georgia does not permit any evidence of collateral sources at trial, Alabama does allow evidence of payment of medical expenses. What should the Tennessee legislature do? If collateral sources are to be considered, should it be a rule of evidence or a rule of damages? Tennessee already limits recovery of medical expenses to those that are reasonable and necessary and places a considerable evidentiary burden on the plaintiff to prove such with expert testimony. And, Tennessee does not allow recovery of most “collateral sources” in medical malpractice cases. In Georgia, by contrast, “the patient or the member of his or her family or other person responsible for the care of the patient shall be a competent witness to identify bills for expenses incurred in the treatment of the patient upon a showing by such a witness that the expenses were incurred in connection with the treatment of the injury, disease, or disability involved in the subject of litigation”, without the necessity of any expert testimony, O.C.G.A. § 24-9-921.

If collateral sources are to be admissible, why not ease the evidentiary burden on the plaintiff, and allow the bills to be considered upon testimony by the patient that he or she incurred the bills?

If the plaintiff’s medical or disability insurance coverage is be considered, what about the defendant’s liability insurance coverage? Tennessee currently follows an archaic rule that even prohibits discovery of the defendant’s liability insurance coverage. Why not put all the cards on the table and let the jury know all the facts?

Note: In one of the early “tort reform” efforts, in 1987, the Georgia legislature passed a law allowing evidence of collateral sources into evidence at trial. The law was challenged and declared unconstitutional in 1991, in Denton v. Con-way Southern Express. Hubert E. Hamilton was counsel for the plaintiff, Carol Denton, and successfully argued the case before the Georgia Supreme Court.

It is extremely doubtful whether this long-standing principal of law in Georgia has survived the “tort reform” legislation. Surprisingly, there has been no appellate decision yet directly overruling this line of cases. The Court of Appeals came close, however, in Union Carbide Corp. v. Fields, 315 Ga. App. 554 (2012), where one of the issues was whether the defendant had to produce evidence of negligence and causation on the part of a nonparty before the jury can even consider apportioning fault to that nonparty under O.C.G.A. § 51-12-33(d)(1). The Court held that:

“ . . . the fault of a nonparty cannot be considered for the purposes of apportioning damages without some competent evidence that the nonparty in fact ‘contributed to the alleged injury or damages’” (Emphasis supplied) 315 Ga. App. at 559.

“Thus, under this State’s statutory scheme, the effect of a successful nonparty defense is the reduction of the plaintiff’s potential award and the defendant’s possible liability. As with other affirmative defenses, Defendants have the burden at trial to prove the defense of nonparty fault. Cf. Hodge v. SADA Enterprises, 217 Ga. App. 688, 691 (2) (458 SE2d 876) (1995) (indicating that a defendant has the burden at trial to prove affirmative defenses of contributory and comparative negligence).” 315 Ga. App. at 556.

Then the Court considered whether defendants who settled with the plaintiff before trial should automatically be included on the verdict form for purposes of apportioning fault, and concluded that:

“ . . . when OCGA § 51-12-33 (d) (1) is read together with OCGA § 51-12-33 (c), a defending party still must show that a settled entity “contributed to the alleged injury or damages” before its fault can be assessed by a trier of fact. Otherwise, there would be no basis for the apportionment of fault between the settled entity and the defendant. See McReynolds v. Krebs, 307 Ga. App. 330, 334 (1), 335 (3) (705 SE2d 214) (2010) (rejecting defendant’s contention that trier of fact should have apportioned damages between her and a settled party where the defendant presented no evidence on which apportionment of liability could be based and thus waived any issue with regard to the verdict form). We therefore decline to interpret OCGA § 51-12-33 (d) (1) as requiring a trier of fact to automatically consider the potential fault of a settled entity.” 315 Ga. at 558-559.

Under the statutory scheme created by OCGA § 51-12-33, and following the logic of Union Carbide Corp., neither fact of settlement nor the amount of any settlement should be admissible at trial in Georgia, nor should the remaining defendant or defendants get any credit for settlement money the plaintiff was fortunate enough to obtain from a settling nonparty prior to trial.

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