Personal Injury Attorney in Knoxville
Personal Injury in Tennessee
Living with a personal injury can be a living nightmare. Patients often have to place their lives on hold since they are forced to endure physical, emotional, and financial hardship all at once. However, no one should have to suffer due to someone else’s actions. If you fell victim to personal injury in an accident that was not your fault, the Collver Law might be able to help you recover compensation for your injuries. Call our office in Knoxville, Tennessee today to schedule a free consultation.
Types of Personal Injury Claims
Personal injuries come in all shapes and sizes, but there are only three bases for personal injury claims. The first is negligence. In these cases, an individual failed to follow reasonable safety precautions, and as a result, an innocent person was injured. A typical negligence claim might involve an injury from a car accident. Since all drivers are expected to exercise reasonable care while operating a vehicle, when they breach that duty and get into an accident personal injury law allows injured parties to recoup their losses. However, negligence goes far beyond car crash claims and is the basis for most personal injury claims, including medical malpractice, slip and fall accidents, and wrongful death cases.
The second basis for a personal injury claim is strict liability, which holds designers and manufacturers responsible for injuries stemming from defective products. In these cases, the injured person only has to prove that the sold product was unreasonably dangerous to use as intended.
The last basis is intentional wrongs which can result in civil and criminal penalties. Intentional wrongs are cases when the perpetrator deliberately follows a course of action knowing it will end in harm to an innocent person. For instance, if someone hits you, even as a prank, you might be able to win a lawsuit for battery. Other common types of intentional wrongs include assault, false imprisonment, and trespassing.
Types of Compensation in a Personal Injury Claim
In a personal injury case, the plaintiff may seek compensation for their sustained injuries, property damage, and other losses. The legal term for this compensation is damages, and they can be economic, non-economic, or punitive.
Economic damages compensate for out-of-pocket financial expenses stemming from the accident. They are unique to the individual and can recover lost wages, loss of future earnings, medical bills, cost of future medical care, household expenses, and damaged property.
On the other hand, non-economic damages repay the victim for any psychological harm resulting from the injury. The most common types of non-economic damages include money for pain and suffering, mental anguish, anxiety, and loss of comfort.
Lastly, punitive damages are only available in cases where the wrongful behavior of the defendant was reprehensible. For instance, acts of aggravated battery or fraudulent conduct that results in widespread financial harm may result in damages awarded to punish the defendant.
Damages in Wrongful Death Cases
Personal injuries that result in death can be incredibly devastating. Unfortunately, no legal remedy can bring back life, but a wrongful death lawsuit may be able to get justice for the deceased and compensation for the loved ones they leave behind.
Placing a value on life is difficult. However, damages in a wrongful death case can recover funeral and burial expenses, cost of pre-death medical care, loss of financial contribution, loss of support, loss of companionship, and emotional distress of surviving loved ones.
Personal Injury Laws in Tennessee
Tennessee has enacted man laws and legal ruling regulating personal injury cases. These rules affect people filing a personal injury lawsuit in court or negotiating a fair settlement with an insurance provider.
Statute of Limitations
First and foremost, you have one year from the date of the accident to file any personal injury lawsuit in court. Failure to meet the statute of limitations may result waive your right to recover any damages for your injuries.
Shared Fault Law
Tennessee also follows a modified Shared Fault rule when awarding damages in personal injury suits. According to this rule, when a judge finds that the plaintiff (the person filing the lawsuit) is partially responsible for their injuries, the damages they can recover are reduced by their percentage of fault. Moreover, this law allows only parties who are 49% at fault, or less, for their injuries to recover damages.
For instance, imagine that another driver rear-ends your car at a red light, but at the time of the accident one of your brake lights wasn’t working. When you take the case to court, the judge decides that you are 20% at fault for the accident and the other driver was 80% liable. Since the total damages add up to $10,000 and your percentage of fault reduces them, you will only be able to collect $8,000.
Caps on Damages
Most states have laws regulating how much money you can recover in a personal injury lawsuit, and Tennessee is no different. According to state code, non-economic damages for most injuries are limited to $750,000. For accidents that resulted in a catastrophic loss, severe burns, paralysis, amputation of a limb, or death non-economic losses are capped at $1,000,000. This law applies to all personal injury lawsuits and does not affect economic damages.
The Collver Law Handles Personal Injury Cases in Knoxville, Tennessee
If you are living with a personal injury, do not suffer in silence. Hiring an experienced attorney can help you get the financial compensation you need to get back on your feet. At the Collver Law, our compassionate personal injury team will listen to your concerns and support you every step of the way. Let us handle the haggling insurance companies and defense attorneys so that you can focus on recovery.
Our personal injury practice handles cases stemming from car accidents, medical malpractice, product liability, slip and fall accidents, workplace injury, and wrongful death. Attorney Jason Collver doesn’t take shortcuts and will advocate for your rights until the very end. Contact our office today in Knoxville, Tennessee to schedule a free consultation and get started on the brighter path to recovery.
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Questions about whether you have a case, give Collver Law a call at (865) 770-3470.