Quick Overview on Personal Injury Claims
Personal injury claims seek compensation for the pain and suffering and other damages of the injured due to another party’s negligence. Personal injury is harm inflicted on one’s person rather than their reputation or property. Personal injury cases come from a variety of scenarios, including: car accidents, medical malpractice, nursing home abuse, workplace injury, and injuries on dangerous property.
In this situation, the plaintiff is often at a large financial disadvantage. They are usually suing a company with legal resources and talent, not to mention the injuries they suffered in their cause of action often prevent them from working. In these situations it is common to pursue legal funding. This is a loan offered by different companies against the future proceeds from the lawsuit. If you are struggling with cashflow this is often a great option.
Personal injury claims could also be filed on the basis of strict liability or intentional wrong. In strict liability cases, a designer or manufacturer is held responsible for injuries caused by their defective products. In order to collect damages, the plaintiff must show that the product sold was unreasonably dangerous to be used as intended or that a defect that should have been detected caused the injury. Meanwhile, intentional wrong cases involve a perpetrator’s deliberate intention to cause injury. For instance, if someone deliberately hits you, you may be able to win a lawsuit for battery.
In all cases, it is wise to consult with an experienced and competent lawyer who will explain all of your options. Filing a personal injury claim, or lawsuit, isn’t simple and can quickly become a complicated process plagued with legal intricacies. The good news is that you don’t have to do it alone.
Personal Injury Claims in Tennessee
Each state has its own particular rules regarding personal injury lawsuits resulting from accidental injuries. It’s important to familiarize yourself with Tennessee personal injury law.
Statute of Limitations in Tennessee Personal Injury Cases
If you are considering filing a personal injury claim in Tennessee, there are a few things you should keep in mind—the first being the time limit. Under Tennessee state law , you only have a year from the date of the accident to file a claim. If you fail to do so, within the statute of limitations, a court will likely refuse to hear your case and you will not be eligible to collect damages.
Comparative Liability in Tennessee Injury Claims
You should also be informed on Tennessee’s modified comparative fault law. In Tennessee, a person filing a personal injury claim can collect damages from other at-fault parties as long as they were less than 50% responsible for the accident. The damages they collect are also reduced by the percentage that the plaintiff was at fault.
For instance, imagine a person was hit by a car while crossing the road. The car ran a red light, but the pedestrian didn’t check to see if the intersection was clear before crossing the road. The judge decides that the driver was 90% responsible for the accident, while the pedestrian was 10% at fault. If the damages were to amount to 100,000, the plaintiff would only be able to collect 90,000. If the court found the plaintiff 50% at fault or higher, they would not be entitled to any compensation.
Personal Injury Damage Caps
Finally, you should be aware that Tennessee has damage caps. This limits the amount of money an injured person can receive as compensation for their pain and suffering. As of now, non-economic damages in personal injury cases are capped at $750,000. On the other hand, if a case involved serious injury—like severed limbs, severe burns, and spinal cord damage—or a wrongful death, the limit is $1,000,000.
Benefits of having a competent attorney
You shouldn’t have to deal with the hardship of extra expenses due to someone else’s negligence. Hiring a competent lawyer is the first step in making sure that you’ll receive the compensation you deserve. A competent personal Injury Attorney in Lebanon, Tennessee will conduct a thorough investigation of your case in order to help you make wise legal decisions. You’ve already suffered enough, let the experts carry the weight of your case and help you get the money you need to get back on your feet.
Founder Dinis Guarda
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