Accidents can happen when you least expect them. Victims can be injured on the road, at work, or even while shopping at a grocery store in Nashville. When an accident leaves you injured, you may suddenly face medical bills, lost income, and uncertainty about your rights. Many people don’t know where to begin after a serious accident.
To help you better understand your rights, this article compiles answers to some of the most frequently asked questions about personal injury law in Tennessee. Read on to learn more about the process, how to prove your case, and how a personal injury lawyer can help.
How Do You Prove Negligence in a Personal Injury Case?
Most personal injury cases in Tennessee are built on the concept of negligence.
To prove negligence, you and your lawyer must establish four elements:
- Duty of care: You must show that the defendant owed you a legal duty. For example, drivers must follow traffic laws and operate vehicles safely.
- Breach of duty: Next, you must prove that the defendant breached that duty by acting unreasonably under the circumstances. For instance, a driver breached his duty by speeding, texting while driving, or ignoring traffic signals.
- Causation: There must be a direct connection between the breach of duty and your injury. In other words, you must show that the defendant’s actions were the actual and legal cause of your harm.
- Damages: Finally, you must demonstrate that you suffered actual damages. These can include medical bills, lost wages, or pain and suffering.
Proving negligence often requires evidence like police reports, witness statements, medical records, surveillance footage, or expert testimony. An experienced Nashville personal injury lawyer can help gather and present this evidence effectively.
What Kinds of Damages Are Available to Injury Victims in Nashville?
If you’ve been injured in Tennessee due to someone else’s negligence, you may be entitled to recover both economic damages and non-economic damages.
The three types of damages are:
- Economic damages: These are measurable financial losses. They include medical expenses, lost wages, future earning capacity, rehabilitation, and property damage.
- Non-economic damages: These compensate for intangible losses such as pain and suffering, emotional distress, loss of quality of life, and loss of consortium.
- Punitive damages: In rare cases, Tennessee law allows punitive damages. These are awarded when a defendant acted with malice, fraud, or reckless disregard for the safety of others. These damages are meant to punish the wrongdoers and deter similar misconduct.
Your lawyer will carefully calculate both the current and future costs of your injuries to ensure that any settlement or verdict fully reflects the impact of the accident.
How Long Do You Have to File a Personal Injury Case in Tennessee?
Every state sets deadlines for filing lawsuits. These are known as statutes of limitations. In Tennessee, the deadlines are particularly strict. For personal injury cases, you generally have one year from the date of the accident to file a lawsuit. For wrongful death or property damage claims, you also have only one year to file your claim.
Missing these strict deadlines usually means losing your right to pursue compensation entirely. Because evidence can also disappear over time, it’s best to speak with a personal injury lawyer as soon as possible after your accident. Don’t let the clock run out on your claim. Get in touch with a lawyer today.
What if You Are Blamed for Your Accident?
Tennessee follows a modified comparative fault rule. This rule means you can still recover compensation if you are less than 50% at fault for your accident. However, your recovery will be reduced by your percentage of fault.
For example, if your damages total $200,000, but you are found 20% responsible, you could still walk away with a total of $160,000 in damages. If you are found 50% or more at fault, you would be barred from recovering any compensation.
Insurance companies often try to shift blame onto injury victims. This is a tactic deployed to minimize their own payouts. Having a lawyer who can challenge these arguments and minimize your assigned fault can make a huge difference in your recovery.
What Are Some Common Types of Personal Injury Cases in Nashville?
Personal injury law covers a wide range of accidents and injuries.
Some of the most common types of cases we see in Nashville include:
- Car accidents: Collisions caused by distracted driving, speeding, DUI, or reckless driving.
- Truck accidents: Crashes involving large commercial trucks, which often cause catastrophic injuries.
- Motorcycle accidents: Riders are especially vulnerable to serious harm in collisions.
- Slip and fall accidents: Injuries caused by unsafe property conditions, such as wet floors, poor lighting, or uneven walkways.
- Medical malpractice: Cases involving negligent medical treatment, surgical errors, or misdiagnoses.
- Nursing home abuse: Harm suffered by vulnerable residents due to neglect or mistreatment.
- Workplace accidents: Injuries caused by unsafe work conditions or defective equipment.
- Wrongful death: Cases where negligence leads to a fatal injury, leaving families to pursue justice on behalf of their loved ones.
Each of these case types has its own complexities. An experienced lawyer can help you understand the specific legal standards and evidence needed to succeed.
How Can a Personal Injury Attorney Help?
Trying to navigate the aftermath of an accident alone can feel overwhelming. Insurance companies are not on your side – they are businesses focused on protecting profits. A skilled personal injury attorney can provide the guidance and advocacy you need.
Here are some ways a personal injury lawyer can help:
- Case evaluation.
- Investigation.
- Dealing with insurers.
- Calculating damages.
- Litigation.
Our goal is not just to recover compensation but to restore your peace of mind and help you move forward after an accident.
Contact the Nashville Personal Injury Lawyers at Minner Vines Injury Lawyers, PLLC for Help Today
Personal injury law in Tennessee is complex. You don’t have to navigate it alone. Whether you’re proving negligence, calculating damages, or facing blame from an insurer, a skilled Nashville personal injury attorney can help level the playing field.
At Minner Vines Injury Lawyers, PLLC, we are proud to serve clients in Nashville and across Tennessee. We have the experience and compassion to help with any personal injury case.
If you’ve been injured in an accident, don’t wait. Contact us today to schedule a free consultation at 615-676-7060. We’ll answer your questions, explain your rights, and fight for the compensation you deserve.
