Personal injury claims are a common occurrence in Tennessee, and they can often result in significant financial compensation for those who have been injured due to the negligence or recklessness of another party. However, not everyone is eligible to file a personal injury claim, and there are certain requirements that must be met in order to pursue legal action. In this article, we’ll take a closer look at Tennessee’s personal injury laws and who can file a claim.
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What is a Personal Injury Claim in Tennessee?
A personal injury claim is a legal case that is brought by someone who has been injured due to the negligence or intentional actions of another party. Personal injury cases are often filed to seek compensation for medical bills, lost wages, pain and suffering, and other damages related to the injury. Common types of personal injury cases in Tennessee include car accidents, slip and falls, dog bites, and medical malpractice.
Who Can File a Personal Injury Claim in Tennessee?
To file a personal injury claim in Tennessee, you must be an "injured party." This means that you must have suffered some sort of physical or emotional harm as a result of the defendant’s actions. Additionally, you must be able to prove that the defendant was negligent and that this negligence directly caused your injury.
In some cases, the injured party may not be able to file a personal injury claim themselves. For example, if the injured party is a minor, they may need a parent or guardian to file the claim on their behalf. Additionally, if the injured party is unable to make decisions due to a mental or physical disability, a legal guardian may need to file the claim for them.
Time Limits for Filing a Personal Injury Claim
In Tennessee, there is a statute of limitations for filing a personal injury claim. This means that there is a specific window of time during which a claim must be filed, or it will be barred. In Tennessee, the statute of limitations for personal injury claims is one year from the date of the injury. This means that if you were injured on January 1, 2021, you would have until January 1, 2022, to file your claim.
Types of Damages
If you are successful in your personal injury claim, you may be awarded damages. Damages are monetary awards that are meant to compensate you for your losses and expenses related to the injury. There are two types of damages that can be awarded in a personal injury case:
Economic Damages
Economic damages are damages that are awarded for actual financial losses that you have suffered as a result of the injury. For example, economic damages might include:
- Medical bills
- Lost wages
- Property damage
- Rehabilitation costs
Non-Economic Damages
Non-economic damages are damages that are awarded for losses that are not easily quantifiable. These types of damages might include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Comparative Fault
In some cases, the injured party may have contributed to the injury in some way. For example, if you were injured in a car accident, but you were not wearing your seatbelt, you may be partially at fault for your injuries. In these cases, Tennessee applies the rule of comparative fault. Comparative fault means that the injured party’s damages will be reduced by the percentage of fault that they contributed to the injury.
For example, if a jury determines that you were 20% at fault for your injuries and the defendant was 80% at fault, your damages award would be reduced by 20%.
Conclusion
Tennessee’s personal injury laws can be complex, and not everyone is eligible to file a claim. If you believe that you have been injured as a result of someone else’s negligence, it’s important to speak with an experienced personal injury attorney. They can help you understand your rights and guide you through the legal process to seek compensation for your injuries.