Getting injured is something we all try to avoid, but it inevitably happens to us, at some point or another. When this happens because of another individual’s negligence, there may be a need for litigation if you’ve suffered to an extent that affects your daily life. Personal injury claims can include any motor-vehicle accidents, premises liabilities if wrongfully injured on another individual’s property, and even injuries surrounding product liability.
Before You Speak with A Lawyer
- Make sure to check your injuries for severity and get proper medical attention if necessary.
- Collect any evidence that may assist you in confirming that you have a valid claim.
- Prove that at the fault of another you have been
injured and have incurred things such as:
- Medical expenses, lost wages, or any other unexpected expenses as a result
- Consider if the damages are small enough to be handled personally in small claims court (typically under $10,000)
The Statute of Limitations in Tennessee
In the state of Tennessee, you must file a claim within a specific time for it to be considered valid in court. These time limits surrounding your claim are known as the statutes of limitations and while you want to take your time to recover from your injury it is good to keep these limitations in mind. Under Tenn. Code Ann. § 28-3-104, you must file your claim within one year of the date that the injury occurred.
Tennessee Modified Comparative Negligence
According to Larry R. Williams, a personal injury attorney in Nashville, the Tennessee modified comparative negligence/fault law acknowledges every party in an accident is responsible for their own contribution to causing it. The “modified” part consists of the fact that a plaintiff is not eligible to file a claim if he or she is responsible for more than 49% of the incident.
Tennessee Damages and Damage Caps
Your injury case and settlement may be affected depending on the type and extent of your damages. The most common comes down to two types of damages for a personal injury case:
- Economic Damages: This would be any damages that were considered to happen as a result of the injury. This could be any medical expenses that occurred, any property that may have been damaged, lost wages, and even future lost wages if the injury is severe.
- Non-Economic Damages: Any compensation for non-financial issues as they relate to your accident or injury. This includes things such as pain and suffering and physical disfigurement or impairments. The Tennessee Supreme Court has recently limited non-economic award amounts by enabling a cap.
After carefully reviewing the evidence and facts surrounding your personal injury, you might consider it best to get help from a legal professional. An attorney can help walk you through the legal process and understand the best way to approach your case depending on what is needed. Additionally, keep in mind the specifics of processing a personal injury claim in Tennessee is important too as each state has different laws that may affect the way your claim is handled. Be sure to keep all the evidence and go over your options with your attorney should you choose to hire one.