A personal injury can be a painful and traumatic experience, but it’s important to take action if your injury resulted from someone else’s negligence. Filing a personal injury claim in Tennessee can help you recover damages for any medical expenses resulting from the injury, lost wages, etc. However, filing a claim can be complex and daunting for a layperson.
Understanding the steps and working with an experienced personal injury attorney can help you navigate the system. In this guide, we’ll take you through the process of filing a personal injury claim in Tennessee. It will include what to expect and how to ensure your best chances of success.
Common Types of Personal Injury Claims in Tennessee
With bustling streets and a high volume of traffic, accidents are unfortunately common in Knoxville, Tennessee, which houses nearly 194,301 residents. In Knox City, Vehicle Crash Fatality Rate/100k is 14.2. While car accidents are one of Knoxville’s most common personal injury claims, they are not the only ones.
Slip and fall accidents are common and might be due to the negligence of floor managers or supervisors. Many slip-and-fall accidents in Knoxville occur on wet floors or uneven surfaces. When a healthcare provider fails to provide the expected standard of care, causing injury or harm to the patient, they can be sued for medical malpractice. Product liability claims can arise from a wide range of products, from defective car parts to dangerous prescription drugs.
Accidents due to drunk drivers on the roads are a serious problem in Knoxville and throughout Tennessee. In 2020, there were 235 fatalities in alcohol-related crashes. Hence, drunk driver accidents are common in Tennessee, and you can file a personal injury claim against the driver due to whose negligence you suffered injuries or vehicle damage.
Understanding Personal Injury Claims in Tennessee
Personal injury claims are legal actions taken by those who have suffered harm due to someone else’s negligence or wrongful actions. The statute of limitations for filing a personal injury claim in Tennessee is one year from the date of the injury.
It’s important to note that this time limit is strictly enforced. Filing a claim within this window is necessary to avoid the loss of your right to seek compensation for your injuries. According to a study, there were 1,221 traffic accidents in the state in 2022. The aftermath was several injuries and fatalities. This highlights the importance of understanding personal injury claims and the process of filing them in Tennessee.
Steps to Filing a Personal Injury Claim in Tennessee
Filing a personal injury claim in Tennessee is not so simple, and it can be quite overwhelming in the aftermath of an accident. Here are the five steps you need to follow to increase your chances of a successful claim:
1. Get the right medical attention ASAP
The foremost step in any personal injury case is to seek medical attention. You might think you’re fine. However, some injuries may not show symptoms until days or weeks after the accident. Delaying treatment may also weaken your claim and make it harder to prove that the accident caused your injuries. Medical reports play an important role in strengthening your claim.
2. Collect Enough Evidence
Collecting enough evidence is essential for a strong personal injury claim. Snap as many pictures as possible of the accident scene if your claim is due to a car or bike accident. It may include damage to vehicles or property, injuries, and others relevant to your case. Collect contact information from witnesses and ask them to provide statements to support your claim. Keep all medical bills, receipts, and other relevant documents as evidence of your injury-related expenses.
3. Consult with an Attorney
It is always a good idea to seek legal advice from an experienced personal injury lawyer. They understand Tennessee laws and can help you navigate the complex legal process. An attorney can assess the strength of your case. They can help you determine the damages you can claim and hence guide you on taking the best course of action.
4. File Your Claim
Once you have gathered all the necessary evidence, it’s time to file your personal injury claim. Tennessee law requires that you file your claim within one year of the date of the accident. Meet this deadline to avoid the court dismissing your case.
5. Negotiate a Settlement or Go to Trial
After filing your claim, the defendant may agree to negotiate a settlement with you. Your attorney can help you negotiate a fair settlement, compensating you for your damages. Your case may go to trial if a settlement cannot be reached. In Tennessee, most personal injury cases are resolved through settlement before they reach the trial stage.
Special Considerations for Personal Injury Claims in Tennessee
When it comes to filing a personal injury claim in Tennessee, there are three special considerations.
1. Comparative Fault:
The “comparative fault” law says that if you are partially responsible for an accident, the amount of money you can get from a lawsuit will be reduced. For example, if you get hit by a big truck and win a lawsuit for $1,000,000, but it’s decided that you were 10% at fault, you will only get $900,000 because your own fault will be taken into account.
2. Contributory Negligence:
Contributory negligence is another legal concept that can impact your personal injury claim in Tennessee. Suppose you have contributed to your injuries, even if the other party was primarily at fault. In that case, you will not get the recovering damages. Tennessee is a pure contributory negligence state. It means that any degree of fault on your part can completely prevent you from recovering damages.
These special considerations for personal injury claims in Tennessee can significantly impact the outcome of your case.
Conclusion
Personal injury claims can be overwhelming. They are an important way for individuals to receive compensation for their injuries and losses. Filing a personal injury claim in Tennessee can be a complex process. Hence, it is important to seek the guidance of an experienced attorney. They can help to navigate you through the legal system successfully. Regardless of the kind of incident that has resulted in injury or damage, seeking legal help is your best chance of success. Don’t let the fear of the unknown keep you from seeking justice.
