From car accidents to slips and falls, people suffer minor to severe injuries every day. When these injuries result from someone else’s negligence, you can file a personal injury case to seek compensation. The steps to establishing such a case can seem complicated and confusing if you have never done it before. Fortunately, you do not have to go through it alone. An experienced Tennessee personal injury attorney with King Law Offices may be able to assist you with filing your claim, gathering evidence, negotiating a settlement, and representing you in court, if necessary. Call (888) 748-5464 to book a conversation with one of our attorneys and learn more about filing a claim and pursuing the compensation you deserve under the law.
What Is a Personal Injury Case?
A personal injury case is a lawsuit filed by an individual who suffered an injury due to someone else’s negligence or wrongdoing. This lawsuit seeks monetary compensation for the expenses associated with the injury, such as medical bills, lost wages, and pain and suffering. Personal injuries span a wide range of incidents, including car accidents, product liability, slips and falls, or any other injury that can be proved to be the result of another person’s negligence.
Personal injury lawsuits are civil lawsuits. This means that if the defendant (the person being sued) is found liable (responsible for the injuries), they will not go to jail or have a criminal record. In some cases, such as if someone is assaulted, there may be a corresponding criminal case, but it is separate from the civil case. The burden of proof in a personal injury lawsuit is lower than that of a criminal case, but in situations where both cases exist, a criminal conviction may serve as more evidence in the civil case.
Report the Injury
The first step to establishing a personal injury lawsuit depends on the severity of the injury, but it is always either reporting the injury or seeking medical attention. If the injury allows, individuals should immediately report the injury. In cases such as car accidents or assaults, they should report it to law enforcement. In other cases, such as slips and falls or another injury occurring on someone’s residential or commercial property, the injured party should report it to the property owner (or manager) and request a copy of a written accident report. If law enforcement is able or willing to respond, filing an incident report can benefit a lawsuit, but it is not required.
Seek Immediate Medical Attention
If the injury is severe enough, this should be the first step to filing a claim. However, even for minor injuries, this should be the second step. Severe injuries should be seen in the emergency room. If the injury is less severe, the individual’s primary care physician or an urgent care clinic can provide care. Wherever the individual seeks medical care, it should be immediately after the incident. This ensures the individual receives proper treatment while establishing a medical record that will be used as evidence of the injury and calculating compensation in the personal injury case.
Document the Injury and What Caused It
Next, the injured individual should document their injury and its cause. This should include details about how they were injured, such as the date, time, and location. For car accidents, include details about weather and road conditions. Slips and falls should include information regarding whether there was a verbal warning or any signage warning of the hazard. In all cases, document contact information for any witnesses, obtain any security or other camera footage that shows what happened, and take photos or videos of the scene.
Consult a Personal Injury Attorney
While the law does not require hiring a personal injury attorney, there are some potential benefits. An experienced Tennessee personal injury attorney at King Law Offices may be able to manage deadlines, handle negotiations, and obtain evidence so the individual can focus on their recovery.
Additionally, Tennessee’s statute of limitations, TN Code § 28-3-104 (2024), gives individuals one year from the date they were injured to file this claim, although in some cases where the injury resulted from a crime, the statute of limitations may be extended to two years. A skilled attorney can ensure that the case is built and proceeds smoothly so that the statute of limitations does not expire, leaving the individual with no other recourse against the liable party.
File the Insurance Claim
Once the individual has received legal guidance, the next step is to file the insurance claim. Depending on the circumstances, this may be with auto, property, or another type of insurance. An attorney can assist the individual with this process to ensure the claim is promptly and correctly filed.
Evaluate Damages
Before the injured party can ask for compensation, they must determine how much that compensation is. In Tennessee, this can include:
- Medical Expenses: Current and future expenses for treatment, medication, surgeries, hospitalizations, and rehabilitation.
- Lost Wages: Compensation for lost time at work while recovering from the injury, and any future income that will or may be lost (for example, if the injury results in a permanent disability that prevents the individual from returning to their previous job and requires them to take a lower-paying job or not work at all).
- Pain and Suffering: These are non-economic damages for things ike emotional distress, trauma, and reduced quality of life.
- Property Damage: Property damage covers damages other than the injury the individual sustained, such as damage to a vehicle in a car accident or a pair of glasses broken in a slip and fall.
- Emotional Distress: These damages can refer to other effects of the injury, such as sleepless nights, post-traumatic stress disorder, etc.
- Loss of Enjoyment of Life: This compensation is for changes in the individual’s life resulting from the injury, such as not being able to play catch with their children or giving up their favorite hobby because they can no longer engage in it the same way.
- Loss of Consortium: This damage is for individuals who are married and whose injuries have negatively impacted their marriage, covering the loss of intimacy and companionship.
- Out-of-pocket expenses: These can include paying for rideshares to get to medical appointments, installing a wheelchair ramp at home, and other expenses directly related to the injury.
Speak with an experienced Johnson City, Tennessee personal injury lawyer from King Law Offices to discuss how the types of damages might affect a case.
Modified Comparative Fault
One important thing to note is that Tennessee uses modified comparative fault under TN Code § 29-11-103 in determining liability. This means that if the injured individual is partially liable for their own injuries, they can still recover damages if they are not more than 50% liable. However, any compensation recovered will be reduced by the individual’s proportion of liability. This means that if the individual is found to be 30% liable for their injuries, their compensation will be reduced by 30%.
Personal Injuries From Criminal Acts
If an individual’s injury is the result of a violent crime committed against them and they meet the other requirements, they may be eligible for compensation from the Tennessee Criminal Injuries Compensation Fund. Compensation from this fund may cover medical expenses, lost wages, funeral and burial expenses, lost financial support for dependents, pain and suffering, and moving costs. Individuals can file a personal injury claim and a claim with the compensation fund. However, it is essential to note that the fund is considered a last resort and will not compensate for costs covered by other sources (such as health insurance).
Send Demand Letter and Negotiate a Settlement
Settlement negotiations begin with a demand letter. This letter comes from the injured individual or their attorney and outlines the accident details, the liability of the at-fault party, the damages incurred by the injured party, and the compensation they seek. While some insurance companies may pay the compensation requested in the demand letter, most will attempt to negotiate. Because of this negotiation, an attorney may recommend asking for more compensation than the individual seeks, to allow room for negotiation and still get the desired amount.
Attorneys can assist by negotiating to ensure that the injured individual receives fair compensation. Most cases will be settled through negotiation, as neither side typically wants to spend the time or money associated with going to court. However, if negotiations are unsuccessful, the next and final step is to file a lawsuit.
File a Lawsuit, If Needed
If negotiations are unsuccessful, the final step in establishing and pursuing a personal injury case in Tennessee is filing a lawsuit. This starts with filing the appropriate paperwork with the proper court and serving the other party. They have thirty days to file a response, then the lawsuit moves into the discovery phase, where both sides exchange witness lists, evidence, and any other relevant information. Pre-trial motions will also be filed to dismiss parts of the case, clarify issues, or settle any other legal matters that must be resolved before the trial.
Arbitration or mediation can still occur, and a settlement can be reached during this time. If that does not happen, the lawsuit moves on to the trial, where evidence is presented, witnesses are questioned and cross-examined, and the case is argued. A judge or jury then renders a verdict. This verdict either declares the other party not liable or it declares them liable and determines the compensation owed. If the verdict finds the other party not liable, the injured individual may be able to appeal the decision if a procedural or legal error led to that verdict. An attorney may be able to provide more information on identifying such errors and filing an appeal.
The Benefits of Hiring a Tennessee Personal Injury Attorney
The law allows you to pursue compensation when you are injured due to another party’s negligence. However, proving liability can be difficult, particularly for those unfamiliar with the law and what evidence may be required to prove that liability. An experienced personal injury attorney at King Law Offices may be able to assist you in gathering evidence and building a strong personal injury case to prove the other party’s liability in your injury, as well as negotiating a fair settlement on your behalf. Call (888) 748-5464 to book a consultation and learn more about seeking the compensation you are entitled to under the law.
