Tennessee Personal Injury Lawsuit
What Are the Signs I Should File a Lawsuit?
In Tennessee, victims of negligence have a right to sue and seek damages. This is a big step, and it’s not always easy to decide to file. What you need to make this decision is the expert advice of a lawyer. Most Tennessee personal injury lawyers offer free consultations so that you can get advice for free.
Before you talk to a lawyer, consider some of the signs that indicate you may have a real case to file a personal injury lawsuit:
- You suffered injuries in an accident and suspect or know someone else’s actions caused it.
- The injuries you suffered are significant and have cost you money in medical expenses.
- The incident has caused you significant emotional distress.
- You have been unable to work and earn an income because of an accident.
- An insurance company representative has contacted you about an accident or incident and offered compensation or asked you to sign something.
- A family member died because of an accident.
In any of these situations, or if you simply have questions, don’t hesitate to contact a personal injury firm for advice.
How Does a Tennessee Personal Injury Lawsuit Proceed?
Your first step in filing a lawsuit is to find the best lawyer to represent you. Choose a lawyer or firm with experience in personal injury cases and preferably only take on these cases. They should offer contingency payment.
With representation in place, your lawsuit will proceed through some or all of these steps:
- The Complaint
The first step is to file a complaint, which your lawyer will do. This makes the lawsuit official and notifies the defendants. It provides your allegations against them and triggers a period of discovery. - Discovery
At this time, both sides investigate the incident in question and gather evidence to either prove or disprove negligence and liability. Your lawyer will hold depositions, engage investigators, talk to witnesses, work with experts, and share information with the defendants’ legal teams. - Settlement
Most personal injury cases in Tennessee end here. With all the information, the defendants are usually willing to settle. Your lawyer will enter into negotiations to get you a fair amount. If the amount is not enough, you can force the case to trial. - The Trial
A trial in court goes before a jury, which decides if the defendants are liable for your damages. If so, the jury will award you an amount. Tennessee caps non-economic damages, so the judge may reduce the jury award if it is higher than the law allows. - The Appeal
You may appeal a jury decision that goes against you, but it will take more time and money and may still not get you the award you want. If you get a favorable jury decision, the defendants may appeal. In this case, your lawyer will have to continue your case in a higher court.
What is the Statute of Limitations for a Tennessee Personal Injury Lawsuit?
The statute of limitations in Tennessee is just one year. You have only one year from when the accident or incident that caused your injuries occurred to file. This is why it is so important to talk to a lawyer as soon as possible.
How Will My Lawyer Prove My Case?
Your lawyer will use evidence, witness testimony, and expert opinions to prove that the defendant’s negligence caused your injuries and that they are liable for your damages. They must show that the defendant had a duty to act in a reasonable way and breached that duty. They also must prove that the breach directly caused your injuries and resulting expenses.
How Will My Lawyer Calculate Damages?
Several factors play a role in estimating your damages amount. Your lawyer will use those factors, as well as experience from past cases, to calculate an amount that is fair and reasonable to seek. Your damages will largely be based on:
- The severity of your injuries
- Whether or not your injuries are permanent
- Any disfigurement caused by the accident
- Medical bills
- Future estimated medical and care costs
- Lost wages and any lost earning potential for the future
- Emotional distress, pain and suffering, and other non-economic factors
The non-economic costs of your injuries are capped in Tennessee. In most cases, you can recover no more than $750,000. You can seek as much as you feel is adequate for economic damages.
Examples of Tennessee Personal Injury Lawsuits
How a personal injury case in Tennessee will end depends on the individual factors involved. Your lawyer cannot guarantee a result. It can be useful to look at other cases in the state to get an idea of what might be possible in your situation:
- In Knoxville in 2019, police officers pulled over Raymond A. Taylor, Jr., and according to his lawyer, used excessive force against him. An officer body-slammed 60-year-old Taylor and broke his arm. He filed a lawsuit and settled with the city for $150,000.[1]
- In 2013, a terrible accident involving a church bus resulted in the death of eight people and injuries in 12 others. The bus from a church in North Carolina blew out a tire while driving on I-40 in Tennessee. Survivors and families of those who died filed a lawsuit against the tire manufacturer. The case spent three years in litigation before the plaintiffs agreed to a settlement for an undisclosed amount.[2]
- Eddie Anderson, a retired Oak Ridge teacher, recently settled with the school district for $1.75 million over defamation and other charges. This is a case of personal injury that did not cause physical harm but did cause reputational and emotional damage. The defamation arose over allegations made over Anderson’s conduct with students, which he denied.[3]
A personal injury lawsuit is an important way to get justice, to hold negligent parties accountable, and to recover damages. If you have been a victim of negligence, contact an experienced lawyer to file a lawsuit or look at other options for taking legal action.