Tennessee state laws and statutes determine the manner in which personal injury are reviewed, evaluated, and determined. Because these laws vary from state to state, the attorney you select to handle your claim should have state-level experience. He or she will help you argue negligence and establish fault. An attorney will work with you to achieve the fairest settlement or award possible given the circumstances surrounding your personal injury lawsuit.
Tennessee is a “Comparative-Fault” State
Each state utilizes a fault-based system for evaluating and deciding personal injury claims. In Tennessee, you can be no more than 49 percent responsible for your own injuries to be awarded damages. In other words, the other parties you name in your claim must be more than half responsible for the injuries you suffered.
To determine the outcome of a personal injury case, fault or liability must be assigned to each party named in your claim. If your claim is successful, your compensation will be reduced according to your own level of fault. This means that if you’re ten percent responsible for your injuries, the compensation you receive will be reduced by ten percent.
Potential Damages for Personal Injury in Tennessee
In the state of Tennessee, claimants can seek both financial and non-financial damages. Financial or economic losses can include medical expenses, in-home supportive care, property damage, lost wages, and loss of future earnings.
Non-financial damages include pain and suffering. These damages will be assigned a dollar amount by the court. An attorney will work with you to determine the fairest amount of compensation.
Statute of Limitations for Personal Injury Claims in Tennessee
Each state has a time limit in which a claimant must file a personal injury claim. The statutes of limitations in the state of Tennessee are some of the shortest in the United States. Claimants have just six months to file a libel or slander claim and only one year to file any other type of personal injury claim.
It is important to note that the statute of limitations does not begin until the injured party realizes they have suffered harm as a result of another party’s negligence. Although most injuries are immediately apparent, some are not. If you realized you have been injured after the statute of limitations has expired, it is advisable to contact a personal injury attorney familiar with arguing claims outside the statute of limitations.