If you sustained an injury as a result of the negligence of a Tennessee government entity or its employee, you have the right to file a personal injury claim. A personal injury claim allows you to recover compensation for any injury, medical bills, lost wages, and other damages caused by the government entity’s negligence.
Filing a personal injury claim against a Tennessee government entity can be a complicated process, which is why it’s important to understand the steps involved. Here’s what you need to know:
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Step One: Determine if You Have a Valid Claim
Before filing a personal injury claim against a Tennessee government entity, you must determine if you have a valid claim. A valid claim means that the government entity or its employee was negligent in some way, and that the negligence caused your injury.
To have a valid claim, you must be able to show that the government entity or its employee owed you a duty of care, that they breached that duty of care, and that the breach caused your injury. If you can prove these elements, you may have a valid claim.
Step Two: File a Notice of Claim
If you have a valid claim, you must notify the Tennessee Claims Commission by filing a Notice of Tort Claim. This notice must be filed within one year of the date of the injury, or within one year of the date you discovered your injury.
The Notice of Tort Claim should include the following information:
- Your name and address
- The name of the government entity involved
- The date, time, and location of the incident
- A brief description of what happened
- A description of your injuries and damages
- The amount of money you are seeking in damages
Step Three: Wait for a Response
After you file a Notice of Tort Claim, the Tennessee Claims Commission will investigate the claim. The Commission may ask for additional information or documentation to support your claim.
Once the investigation is complete, the Commission will send you a letter notifying you of their decision. If the Commission denies your claim, you have six months from the date of the letter to file a lawsuit against the government entity.
Step Four: File a Lawsuit
If the Tennessee Claims Commission denies your claim, you have the option to file a lawsuit against the government entity. To file a lawsuit, you must follow the procedures outlined in the Tennessee Governmental Tort Liability Act.
One of the most important requirements is that you must provide written notice to the government entity at least 90 days before filing a lawsuit. This notice should include the same information as the Notice of Tort Claim.
Hire a Personal Injury Lawyer
Filing a personal injury claim against a Tennessee government entity can be a complex process. If you want to ensure that you receive the compensation you deserve for your injuries, it’s important to hire an experienced personal injury lawyer.
A personal injury lawyer can guide you through the process, ensuring that you meet all the necessary requirements and deadlines. They can also help you negotiate a settlement with the government entity or represent you in court if necessary.
In addition, a personal injury lawyer can help you calculate the amount of damages you are entitled to receive. This may include compensation for medical bills, lost wages, pain and suffering, and other damages related to your injury.
Conclusion
Filing a personal injury claim against a Tennessee government entity can be a lengthy and complex process. However, if you have been injured due to the negligence of a government entity or its employee, there is a process in place to help you recover compensation for your damages.
By following the steps outlined above and working with an experienced personal injury lawyer, you can increase your chances of a successful personal injury claim.