Nashville Personal Injury Legal News
Personal injuries can happen as a result of many different factors, and not all injuries are cause for a personal injury claim — some injuries are no one’s fault and could not have been reasonably prevented. The key is whether negligence was involved. Tennessee law requires that the following facts exist in order to prove negligence:
- The person who caused the injury owed a duty to the injured party (such as the duty of a fellow driver to obey traffic laws or the duty of a construction company to obey safety regulations);
- The person failed to carry out that duty;
- The victim suffered injury as a direct result of that failure.
Nashville injury claims are typically filed only for the most serious of injuries, those that have long-lasting impact on the victim’s life – including the ability to earn a living, perform daily tasks, and enjoy a basic quality of life. Some of the most common injuries that result in legal action include:
- Head and spinal injuries;
- Severe burns;
- Broken bones;
- Organ damage;
- Loss of limb;
- Severe illness;
- Post traumatic stress disorder;
- Loss of mobility/use of limbs or other impaired functions.
Victims or their family members may be eligible to receive financial compensation or damages for the injuries they have suffered. The extent and amount of damages varies by case, but in general the laws in Tennessee allow for the following types of compensation:
- Past, current, and future estimated medical expenses
- Time lost from work
- Property damage
- The cost of hiring someone to do household chores that the injury victim is no longer able to perform
- Any permanent disfigurement or disability
- Emotional distress, including anxiety, depression, and any interference with family relationships
- Changes to future earning ability due to the injury
- Any other costs that are a direct result of the injury
The total amount of damages will also be affected by the role of each person involved in the injury. Under Tennessee’s comparative negligence law, the victim can only claim damages if he or she was less than 50% to blame for the injury. If the victim bears 49% or less of the fault, damages may be awarded – but the judge or jury can adjust the amount of compensation based upon what the court deems fair. A good Nashville injury lawyer is particularly important in cases where the victim may share a small portion of blame, because a well-prepared case may make a significant difference in the financial outcome.
The laws are different if the injury was caused by a consumer product. Consumer products are governed by Tennessee’s strict liability law – which generally means that a product manufacturer or distributor will be held responsible for any injuries associated with its products regardless of the victim’s role. In order to bring a successful claim against a dangerous consumer product, a Nashville personal injury lawyer must be able to prove that:
- The product was defective and thus, dangerous
- The victim used the product the way it was supposed to be used
- The product defect caused the victim’s injury
- The victim suffered damages as a result of the injury
Victims of severe personal injury should seek legal help immediately to file a claim for any damages. There are time limits during which a lawsuit can be brought against the responsible party. A Nashville personal injury lawyer can provide the legal advice and representation necessary to help clients and their families receive the financial compensation they deserve.
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