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Have you or someone you know been injured in an accident in TN? If so, you may be wondering what your legal options are. Nashville personal injury law is a complex area of law, but it’s important to understand your rights if you’ve been injured due to the negligence of another person.
Understanding Nashville Personal Injury
Personal injury law in Tennessee, like other states, provides rights to victims who have been physically or psychologically injured due to another party’s negligence or wrongful act. The aim is to compensate the injured party for the harm suffered.
Tennessee follows a modified comparative negligence rule. This means that if you’re found to be partly at fault for your injuries, your compensation might be reduced. If you’re more than 50% at fault, you cannot recover any compensation.
In Tennessee, personal injury cases encompass a range of incidents where individuals might suffer harm due to another party’s negligence or deliberate actions. These cases have specific time limits, known as the statute of limitations, within which a lawsuit must be filed.
Car Accidents:
Often resulting from a party’s negligence, such as failing to observe traffic laws. The time limit to file a lawsuit for car accidents is one year from the date of injury.
Slip and Fall Cases:
Property owners are legally bound to ensure safety on their premises. Victims have one year from the date of injury to seek legal remedy.
Medical Malpractice:
Cases arise when a healthcare professional’s care deviates from the standard, leading to patient harm. The statute of limitations is one year from the date of injury or the date the injury was discovered, but never more than three years from the date of the malpractice incident.
Defamation:
Encompassing both libel and slander, it involves harm to a person’s reputation due to false statements. Victims must file a lawsuit within one year from the publication of the defamatory statement.
Dog Bites:
Tennessee’s “strict liability” rule means dog owners can be held responsible if their dog causes injury, irrespective of the dog’s past behavior. The time limit for these cases is also one year from the date of injury.
Product Liability:
If a defective product causes harm, victims can seek legal action. The deadline to file is one year from the date of injury.
Wrongful Death:
Arising from personal injuries that result in death, the decedent’s family has one year from the date of death to file a lawsuit.
Assault, Battery, and other Intentional Torts:
These involve harm intentionally inflicted upon a victim. The statute of limitations for these torts is one year from the date of injury.
Types of Damages that can be Recovered in a Personal Injury Lawsuit
Nashville personal injury lawsuits, like other jurisdictions, allow injured parties to seek compensation for their losses. The compensation, termed “damages,” provides financial relief for the harm suffered. The state’s legal framework spells out the different categories of damages that a victim may recover. Here’s a comprehensive overview of these damages:
Compensatory Damages:
These are intended to restore the injured party to the position they were in before the injury. In Tennessee, compensatory damages encompass:
- Medical Expenses
- Lost Wages
- Property Damage
- Pain and Suffering
- Emotional Distress
- Loss of Enjoyment
- Loss of Consortverse
Punitive Damages:
Tennessee does award punitive damages in personal injury cases, but with stipulations. These damages are meant to punish the defendant for particularly malicious, fraudulent, or reckless behavior.
According to the Tennessee Code (T.C.A. § 29-39-104), for punitive damages to be awarded, a plaintiff must prove the defendant’s misconduct by clear and convincing evidence. There are also caps on punitive damages in most cases, excluding instances like intentional harm, felony acts, or influence of drugs/alcohol.
Nominal Damages:
These are small, symbolic sums awarded when a legal wrong occurred, but there wasn’t significant harm or financial loss. They serve to recognize that a right was violated.
Permanent Disability or Disfigurement:
If an injury causes permanent disability or disfigurement, Tennessee law allows for additional compensation, considering the long-term physical and emotional ramifications.
Wrongful Death Damages:
In situations where negligence results in death, the deceased’s family or estate can file a wrongful death claim. These damages can include funeral expenses, lost wages, and loss of consortium.
Tennessee law, specifically T.C.A. § 20-5-113, outlines the distribution of damages in wrongful death cases, generally favoring surviving spouses, children, and next of kin.
Why Choose Morgan Law Group for Your Personal Injury Case?
Personal injury law can be a complex area of law, but it’s important to understand your rights if you’ve been injured due to the negligence of another person. Morgan Law Group has a team of experienced and dedicated personal injury lawyers in Nashville, TN. We have a proven track record of success in helping our clients obtain the justice and compensation they deserve for their injuries.
When you choose Morgan Law Group to represent you in your personal injury case, you can expect the following:
- A free consultation to discuss your case.
- Aggressive representation from start to finish.
- A team of experienced and knowledgeable attorneys.
- A commitment to obtaining the best possible outcome for you.
If you’ve been injured in an accident in Nashville, TN, call Morgan Law Group today for a free consultation. We’ll review your case and advise you on your legal options. We’re here to help you get the compensation you deserve for your injuries.
