Four Facts about Personal Injury Claims in Tennessee
February 19th, 2020 by Attorney John Colvin
A serious accident can cause a tremendous amount of trauma and disruption to injured victims and their loved ones. Through a personal injury claim, these victims can get justice and much needed financial support. Navigating the personal injury claims process brings challenges. There are plenty of myths and misconceptions about how personal injury law actually works in the real world. Here, our Tennessee Valley personal injury attorney highlights four important facts you should know about the claims process.
You Must Take Legal Action Before the Statute of Limitations Expires
All personal injury claims are subject to strict statutory deadlines. You have to take action before the deadline expires, otherwise, your case can be automatically dismissed. In Tennessee, most personal injury claims are governed by a one-year statute of limitations. This is one of the shortest filing deadlines in the entire country. If you were hurt in an accident, call a lawyer as soon as possible.
Most Personal Injury Claims in Tennessee are Based on Negligence
To hold a defendant legally liable for an accident, a plaintiff must prove fault. Most, but not all, personal injury cases are based on the theory of negligence. Simply put, negligence is the failure to act with adequate care. What that means is not always obvious. Negligence is very context-dependent and it comes in a wide range of different forms—from drivers texting while behind the wheel to nursing homes failing to adequately train their staff. Still, when negligence causes injuries, a defendant can be held liable.
Injured Victims Can Recover Compensation for Both Economic and Intangible Damages
Similar to other states, Tennessee allows a plaintiff to seek financial compensation for both out-of-pocket costs and for non-economic damages. To start, you can recover financial compensation for medical bills, lost wages, and other direct monetary losses. Beyond that, you may also be entitled to additional financial support for hard-to-measure intangible losses such as pain and suffering.
Few Personal Injury Claims are Resolved in the Courtroom
If you are considering filing a personal injury claim, it is unlikely that you will be forced to go to trial. While certainly possible, litigation is only necessary in a small number of personal injury cases. The United States Department of Justice (DOJ) estimates that trial verdicts are issued in less than three percent of all personal injury cases. Although you should work with a trial-tested lawyer who is prepared to take your claim as far as it needs to go, a settlement is more likely than a verdict.
Get Help From Our Tennessee Personal Injury Attorney Right Away
At the Law Offices of John Colvin, we are committed to fighting for the rights of injured victims and their loved ones—not large insurance companies. You deserve the maximum available settlement or trial verdict. To set up a free, completely confidential case evaluation, please contact us today. We serve communities throughout the Tennessee Valley, including in Winchester, Tullahoma, Lynchburg, Dechard, Sewanee, and Monteagle.