Tennessee Court Case Shows Why You Need to Hire a Personal Injury Lawyer After an Accident

If you’re injured in an accident, you need an experienced personal injury lawyer to help you figure things out.  Navigating the legal system can be tricky, especially when you’re dealing with the stress of an accident.  The recent Tennessee Court of Appeals case, Johnson v. Tennessee Farmers Mutual Insurance Company, shows just how important it is to have a lawyer on your side. Let’s break down what happened and why it highlights the value of legal help.

The Case: What Went Wrong? 

This tragic case involves Angela and Beverly Johnson, who filed a lawsuit after David Johnson was hit by a vehicle driven by Dylan Clark on December 13, 2022, in Jackson, Tennessee. Mr. Johnson tragically later died from his injuries. Tennessee Farmers Mutual Insurance Company (TN Farmers), which was Mr. Clark’s auto insurer, negotiated a settlement and paid $50,000 on his behalf. The $50,000 check was made out to both Beverly Johnson and Medicare. On May 1, 2024, the Johnsons, who were representing themselves, filed a lawsuit.

The Johnsons’ lawsuit, which was difficult to understand, was filed against “Farm Bureau Insurance, c/o Randel Higdon c/o Casey Dill.”  The lawsuit claimed that the insurance company acted in bad faith and that the payment made to “Beverly Johnson and Medicare” was a “false compensatory payment”. They also requested more discovery, which is the process of gathering information before a trial.

TN Farmers filed a motion to dismiss the lawsuit for several reasons, including that it was an improper direct action against an insurance company. A “direct action” is when a person sues the at-fault party’s insurance company instead of the person who caused the accident. The trial court agreed with the insurance company and dismissed the case. The Johnsons then appealed this decision.

The Court of Appeals reviewed the case and affirmed the trial court’s decision. The court noted that Tennessee is not a “direct action” state, which means a person cannot sue the at-fault party’s liability insurance company directly for the harm caused by their insured. Because of this, the court ruled that the Johnsons’ lawsuit against TN Farmers could not succeed, regardless of the other arguments they made. The court also mentioned that because the lawsuit was properly dismissed, the Johnsons’ request for more discovery was not valid.

How Can an Experienced Personal Injury Lawyer Help?

1. Understanding the Law 

A personal injury lawyer knows the specific laws in your state. They would have advised the Johnsons that they couldn’t sue the insurance company directly in Tennessee except in extreme cases. This knowledge would have prevented them from making a key mistake that caused their case to be dismissed. Instead, a lawyer would have sued the driver, Dylan Clark, directly.

2. Filling Out Paperwork Correctly 

Legal documents need to be filled out precisely. The court noted that the Johnsons’ complaint was difficult to understand, cited the wrong statute of limitations, and named the wrong parties. A lawyer ensures all forms are filed correctly and on time, preventing simple errors that can derail a case.

3. Fighting for You 

An insurance company’s goal is to pay as little as possible. An experienced lawyer is an expert negotiator who understands how to get the best possible outcome for you. They handle all communication with the insurance company, protecting you from making a statement that could hurt your case. The Johnsons’ case shows that a lawyer’s expertise is crucial for navigating the complex legal landscape and ensuring your rights are protected.

Following a tragic situation like this one, it is hard to think clearly and understand all the legal aspects associated with your legal case. My heart goes out to the Johnson family. It is incredibly hard to know what to do in situations like this. No matter the accident details or situation, know that the insurance company will always work against your best interests.