Attorney addresses Rotary Club

Caroline Sapp

The Rotary Club of Sparta met at noon, Sept. 23, 20212, at the outdoor pavilion of First Baptist Church.

Vickie Brady welcomed as her guest speaker Sparta attorney Caroline E. Sapp.

Sapp is a native of Sparta and a sixth-generation White Countian.  A graduate of White County High School and Tennessee Technological University, she went on to earn her juris doctor degree from the University of Memphis Cecil C. Humphreys School of Law.

Following the completion of her education, Sapp worked at the Law Offices of John Day, P.C. where she represented over 500 clients, 2014-2020. In 2020, she teamed up with another firm and managed the firm’s Tennessee office for the past year. Sapp stated she “wanted to take on a few more cases and branch out,” and, this past summer, she “decided to open [her] own firm,” in Sparta, where she focuses her practice on personal injury, wrongful death, insurance coverage and contract disputes, as well as other civil litigation matters.

Because of her work in personal injury matters, Sapp stated she “thought it might be interesting to go over some things you may not know about personal injury cases.”

She first discussed the difference in litigation versus pre-litigation cases when a person has been injured in an accident: “… a pre-litigation case is before any lawsuit has been filed. While each case’s facts, circumstances, and results vary, an injured driver doesn’t always have to file a lawsuit to recover his or her medical bills, wages, and other damages, and that depending on the case, personal injury cases can be resolved before any lawsuit has to be filed, particularly when the injured person is finished with his or her medical treatment. If liability is disputed, a person is not finished with their medical treatment, the insurance company is undervaluing the claim, etc., litigation is more likely to occur.”

A second thing one might find interesting is that “Tennessee’s law imposes a deadline for bringing a legal action in a personal injury case. Tennessee has one of the shortest statutes of limitations in the country - one year, though there can be exceptions that apply where more or less time is allowed. Failure to file a lawsuit on time will result in a loss of whatever rights a person may have, and so one must resolve their case before the statute expires or file a lawsuit before the statute expires. Again, there are exceptions to these rules, and in certain cases, more or less time is allowed. Only an attorney familiar with the case can advise whether an exception is applicable.”

Another interesting topic she discusse is that “Tennessee drivers must have liability insurance coverage of at least $25,000 per person/$50,000 per accident. Liability insurance coverage is required by law, and, of course, this coverage is not free - drivers have to pay for liability insurance coverage in order to comply with state law.” She provided examples of what Tennessee’s minimum limits ($25,000.00 per person/$50,000.00 per accident) can mean for both the at-fault driver and the injured driver and offered examples of why a driver might want more insurance coverage than the minimum limits.

“There have been times when someone drives without insurance coverage or does not have renters’ or homeowners’ insurance, but a majority of the time, I am speaking to an adjuster for the at-fault driver’s insurance company. I occasionally hear that folks think you are suing the at-fault driver or company and going after his or her or the company’s assets. While this can be true in certain situations, i.e. not adequate insurance coverage, not any insurance coverage, etc., in my experience-a majority of the time-the insurance company is the entity issuing a settlement check for the injured driver’s damages. Nonetheless, if a personal injury lawsuit is filed, a direct action cannot be taken against the at-fault driver’s insurance company in Tennessee, and the insurance company is not listed as a defendant in the caption of the complaint. If the case proceeds to a trial, the jury is not told whether the at-fault driver or defendant company has insurance.”

She also mentioned subrogation/right of reimbursement and what happens when your health insurance carrier, like Medicare or BlueCross BlueShield, pays on an injured driver’s medical bills after an accident. Sapp concluded her presentation by mentioning that insurance companies typically have a team/an attorney, shouldn’t folks who have been injured at least speak to an attorney to get their questions answered, etc.?

(Sapp’s Rotary Club of Sparta presentation and any remarks written above do not constitute legal advice and do not form an attorney-client relationship between the Law Office of Caroline E. Sapp and any individual or entity.)