| Frequently Asked Questions |
| |
|
|
| |
Frequently Asked Questions about Personal Injury Laws in Tennessee
Information Provided by Tennessee Injury Lawyer Stanley A. Davis
Helping injured clients throughout Tennessee and Nashville, as well as Franklin, Gallatin and Murfreesboro |
|
| |
|
|
| |
• What is personal injury?
• What laws govern personal injury cases?
• What is a brain injury?
• What are the damages recoverable in a wrongful death case?
• What are the possible reasons for medical malpractice?
• What are the damages recoverable in an auto accident?
• What is worker's compensation?
• What are the types of benefits injured workers are entitled to? |
|
| |
|
|
| |
What is personal injury?
Personal injury occurs when a person is wrongfully injured by the negligent or intentional conduct of a wrongdoer. Personal injury cases are legal disputes that arise when one person suffers harm from an accident or injury and someone else might be legally responsible for that harm. The Tennessee personal injury lawyers at the Law Offices of Stanley A. Davis are ready to help if you believe you may be entitled to compensation as the result of personal injury.
What laws govern personal injury cases?
The development of personal injury law has taken place mostly through court decisions and in treatises written by legal scholars. For practical purposes, court decisions remain the main source of the law in any legal case arising from an accident or injury. (Note: in some types of injury cases, most notably those arising from car accidents in which a state vehicle code section was violated, statutes can be used to help establish fault for an accident or injury.)
What is a brain injury?
A form of personal injury, brain injuries are injuries causing temporary or permanent damage to the brain. Brain injury can occur to any person, in any walk of life, at any time. In every case of brain injury, it is not necessary that the usual symptoms like loss of consciousness, giddiness etc. need be accompanied; hence, at times brain injury goes unnoticed by the victim in the initial stage. Brain injury can cause physical, cognitive and emotional consequences that can affect a person for a lifetime.
What are the damages recoverable in a wrongful death case?
The following damages may be recovered in a wrongful death case:
- Immediate expenses associated with the death (medical & funeral)
- Loss of victim's anticipated earnings in the future until time of retirement or death
- Loss of benefits caused by the victim's death (pension, medical coverage, etc.)
- Loss of inheritance caused by the untimely death
- Pain and suffering, or mental anguish to the survivors
What are the possible reasons for medical malpractice?
Medical Malpractice may result from:
- A delay or failure in diagnosing a disease
- A surgical or anesthesia related mishap during an operation
- A failure to gain the informed consent of the patient for an operation or surgical procedure
- A failure to properly treat a disease even if the correct diagnosis has been made
- A misuse of Prescription Drugs or a Medical Device
What are the damages recoverable in an auto accident?
The law permits a person to seek recovery after an accident to "make him/her whole again." The central concept is that one should be compensated in a manner that, as best as the law can arrange, places one back in the same position as he/she was before the accident. In addition to normal compensatory damages, punitive damages are awarded in extreme cases if the injury was the result of someone else's reckless or irresponsible behavior, or if the cause of the accident or the extent of the injury was caused by defective or dangerous nature of the vehicle that the manufacturer ought to have corrected. If you believe you are entitled to compensation as the result of an auto accident, contact Tennessee car accident lawyer Stanley A. Davis today.
What is worker’s compensation?
Workers’ compensation is a system that requires employers to pay lost wages, medical expenses, and certain other benefits to employees who are injured on the job. Workers' compensation is different from other types of torts in that it is not based on fault or negligence. The idea behind workers' compensation is not to right a wrong or punish negligence; rather, it is a way to protect employers from negligence lawsuits and injured workers from destitution.
What are the types of benefits injured workers are entitled to?
There are two general categories of workers' compensation benefits, medical and indemnity. Medical treatment that is medically reasonable and necessary and serves to cure or relieve the effects of the injury is compensable. Indemnity benefits are those that attempt to compensate the injured employee for lost earnings or earning capacity caused by the work injury. Workers who sustain injuries that cause permanent disability are entitled to permanent partial disability payments if they are able to return to work. The calculation of permanent partial disability payment varies among states but usually depends on a disability rating given by a doctor. If you believe you may be entitled to worker's compensation benefits, please contact Nashville injury lawyer Stanley A. Davis.
|
|
|
 |
|
