Frequently Asked Questions About Personal Injury
Nashville Personal Injury Attorney Answers FAQs
How do I know if I have a personal injury claim?
In general, if you sustain personal injuries in an accident that resulted
from someone else’s negligence, you may be able to recover compensation
for your medical bills and expenses through insurance claims and/or a
personal injury lawsuit against the at-fault party. However, for a successful
personal injury claim, the elements are as follows:
-
The person responsible for the accident owed you a duty of care. For example, every driver must respect the rules of the road, pay attention
and exercise caution when necessary to protect everyone from a car crash.
-
The at-fault person breached that duty. Usually, this means that the other person was negligent in some way.
In car accident cases, for instance, negligence can include driver mistakes,
drunk driving, carelessness and driver distraction, like texting while driving.
-
This negligence was a direct cause of your personal injuries. Additionally, multiple parties may be to blame for your injuries. For
example, if a drunk driver caused your car crash, he or she will likely
be at least partially liable for your injuries. However, if your car has
defective airbags, such as a Takata airbag, you may sustain even worse
injuries than you would have otherwise. In a case like this, you may be
able to collect compensation from both the driver and the airbag manufacturer.
-
The accident resulted in actual damages. Even if someone’s negligence caused your accident, you likely will
not have a personal injury claim unless you sustained monetary damage
to your property or health. For example, if someone backs into your car
in the parking lot, but you are not hurt and your car is undamaged, you
likely do not have a claim.
Back to Top
What is the Tennessee statute of limitations on personal injury cases?
In Tennessee, the statute of limitations on both personal injury and wrongful
death cases is
one year. This means that you generally have one year from the date of the accident to
file a personal injury lawsuit. You also generally have one year from the date of a loved one’s death to
file a wrongful death claim. However, in some situations against government entities, there may be
even less time to give notice of a claim. The only way to know for sure
when the time limit runs on your claim is to personally speak to an attorney
as soon as possible after an accident.
Back to Top
What damages can I claim in a Tennessee personal injury lawsuit?
Depending on the circumstances of your case, you may recover the following
damages through your personal injury claim:
- Medical expenses, including bills for medication as well as ongoing treatment
and therapies
- Pain and suffering
- Lost wages and benefits
- Loss of quality of life, including loss of companionship in wrongful death cases
- Punitive damages
Back to Top
I may be partially responsible for my personal injuries. Do I still have a case?
Tennessee uses a modified comparative fault system for
personal injury claims. This means that the courts will consider the circumstances of your accident
and assign a percentage of blame to each person involved. Then, you are
free to file a lawsuit as long as you are less than 50 percent responsible
for the accident that caused your personal injuries.
Even if you contributed to 49 percent of the accident, you can still recover
compensation. The court will reduce the amount of compensation you receive
by the percentage the judge and/or jury determines was your fault.
Back to Top
I already talked to the insurance company. Can I still file a lawsuit?
After an accident like a car crash, the at-fault person’s insurance company may try to contact you
about your settlement options. These insurance adjusters are often pushy,
and may give you misleading information. Their main concern is protecting
the interests of the insurance company, not you, the victim. Therefore,
it is best that you refuse to speak to the adjuster until you have time
to consult a car accident lawyer.
However, even if you have already given a statement to the insurance company,
all is not lost! You likely still have time to speak to an attorney and
file a car accident claim and/or lawsuit. Calling a lawyer is often the
best way to ensure that you get a fair settlement from an insurance company
after an accident. Most attorneys, including Stanley Davis, offer free
initial consultations, so that you can learn your legal options, free
of charge, whether you already spoke to the insurance company or not.
Back to Top
Can I file a personal injury claim for my child?
Child injury cases often include unique challenges, and different laws
may apply. When a child is hurt by someone else’s negligence, a
parent or legal guardian must file a claim on the child’s behalf.
Back to Top
What is my personal injury claim worth?
Every personal injury case is different, so there is no way to know how much you
may recover in compensation unless you speak to a Nashville personal injury attorney yourself. However,
in general, the amount you can recover will depend on the amount and severity
of the damages you suffered. In car accident cases, the amount of the
at-fault driver’s insurance policy may also limit your recovery.
Back to Top
How long will my case take?
The time necessary to settle a personal injury lawsuit can vary widely
depending on the circumstances of your particular case. If your claim
is relatively simple and your attorney can negotiate a fair settlement
from the insurance company, you may receive your settlement within a few
weeks or months. However, more complex cases that are brought to trial
can take much longer.
Back to Top
What should I bring to my initial consultation with an attorney?
Our personal injury lawyer offers a free initial consultation so that you
and the attorney can determine whether you have an actionable claim. Therefore,
if you are preparing for a first meeting with your lawyer, make sure to bring:
-
Relevant documentation. Bring everything relating to the accident as well as your injuries and
damages. This can include hospital and doctor bills, a police report,
photographs or a video of the accident scene and/or information about
eyewitnesses. For car crashes and other relevant accidents, bring all
information you have about the other driver and his or her insurance policy.
You should also bring any notes or journals you kept about the accident,
as well as your own account.
-
Your questions. Write down any and all questions you may have in the days before your
consultation so you do not forget any of them. Write down the answers
so you remember.
Back to Top
How much does it cost to hire a Nashville personal injury attorney?
Nashville personal injury attorney Stanley Davis offers contingency fee
arrangements for personal injury cases. This means that you pay nothing
up front, and owe no attorney fees unless your case is successful.
Back to Top
Stanley Davis has been representing Tennessee personal injury cases for
decades, and is a
Certified Trial Specialist. His record of success has been recognized across the state, including
by the Tennessee Jury Verdict Reporter, which has named him among the
most prolific trial lawyers in the state for multiple consecutive years.
If you have
questions about your personal injury claim, Stanley can answer them today.
“Ask, and it will be given you; search, and you will find; knock,
and the door will be opened for you.” (Matthew 7:7, NRSV)
