Personal injury is an umbrella term for all kinds of harm inflicted on a person’s body, reputation, or emotions. There are three grounds for personal injury, and negligence is the most common. The liability in negligent injuries stems from a person’s failure to observe the degree of diligence required by the circumstances.
Apart from negligence, liability for personal injury cases can also emanate from strict liability and intentional wrongs. Strict liability holds the at-fault party responsible for injury-causing actions they may intentionally or unintentionally make. On the other hand, intentional wrongs refer to deliberate acts that led to another person’s injuries.
Clarksville, Tennessee, is no stranger to personal injury cases. Two people died recently when a 2021 Chevrolet hit a Peterbilt truck. Earlier this year, a semi-truck jack-knifed on Interstate 24, Montgomery’s eastbound lanes. The incident injured various individuals and caused the temporary closure of the said road.
Late last year, three lives were also lost after their Baja boat collided with a barge on the Tennessee River. This fatal boating accident is just one of Tennesse’s 22 boating mishaps in 2022.
Suppose you or someone close to you got hurt in an accident due to the negligence or intentional act of another. In that case, you could pursue a personal injury claim.
Read more about your rights by checking The Personal Injury Center’s legal resources. You can also explore their Clarksville personal injury attorneys database if you need legal representation.
Testimonials suggest that these lawyers have worked with prestigious law firms. Others have extensive years of experience in private practice experience.
Featured on Steve Clark+Associates
The Medical The Personal Injury Center provides insight into the prevalence of medical malpractice cases in the US.
“According to a report by the Medical The Personal Injury Center, about 15,000 to 19,000 medical negligence lawsuits are filed in the U.S. every year.”
Read the article here.
What are the different personal injury cases in Clarksville?
Accident cases are a sad fact of life. They can happen no matter how cautious you are. However, it doesn’t mean that they are not preventable. If you exercise due care, many accidents and collisions can be avoided or have less lethal consequences.
Reckless behavior, traffic violations, and drunk driving often cause harm to others. Here are some common personal injury cases in Clarksville.
Car accidents
Many people will likely get involved in a car wreck at some point in their lives, though most are minor. However, the repercussions of serious accidents can be life-changing. These accidents cause different personal injuries like head injuries, neck and back injuries, bone fractures, soft tissue injuries, burns, and even death.
You’re jeopardizing your future if you don’t act quickly or do something to protect yourself.
Trucking accidents
This type of accident involves large commercial vehicles like 18-wheelers and tractor-trailers. The vehicle’s sheer weight and size are likely to cause catastrophic injuries. Aside from serious physical injuries, these accidents often result in significant property damage.
It’s crucial to establish who was at fault as soon as possible. Truck companies often quickly shift the blame to the other driver to avoid liability.
In reality, most trucking accidents are due to the following reasons:
- Excessive fatigue on the part of the truck driver
- Jam-packed delivery schedules and unreasonable deadlines
- Wrong loading process
- Faulty or poorly manufactured equipment
- Poorly maintained trucks
- Unsafe or aggressive driving behavior
- Lack of driver training
- Bad road condition
Boating accidents
Tennessee is full of rivers and lakes. This abundance of waterways explains why most Tennesseans love boating. As a result, boating accidents are common in the state and its counties. These accidents often result in serious injuries, property damage, and even death.
The 2021 Tennessee Wildlife Resources Agency’s report reveals that operator inexperience is the most common cause of boating accidents.
Dog bites
Anyone has the right to get and raise a pet. However, this right isn’t absolute. Part of the pet owner’s responsibility is to ensure that their dog is not causing harm to another. If you left your dog attended and it bit another person, you’ll be liable for the injury that person suffers.
A report revealed that one in five individuals bitten by a dog needs medical attention. A dog bite can introduce bacteria into your body, causing severe infections. If left untreated, the repercussions could be lethal.
Nursing home abuse
These abuses often occur in assisted living centers and other long-term care facilities. The family leaves the care of an elderly or terminally ill family member to the nursing facility. The family pays for this service, hoping their loved one will be in good and able hands.
Unfortunately, nursing home abuse is common. It happens due to staff burnout, improper training, and understaffing. Disgruntled staff could take out their anger on their patients. Their incapacity and unwillingness might also be why they can’t respond to emergencies like falls and strokes appropriately.
Product liability
Product manufacturers, distributors, and sellers are liable for injuries or damages caused by defective or unsafe products. This liability can arise when a product is designed, manufactured, or sold with an error or defect. The said defect makes it unreasonably dangerous and causes harm to the user.
Premises liability
Property owners have legal responsibility for injuries or damages occurring within their premises. For example, employers are liable for injuries their employees sustained in the workplace. Examples of these accidents are slip-and-fall, toxic exposure, and more.
If a property owner discovers any condition that poses a danger, they need to fix them as soon as possible. If they can’t do so right away, they need to warn people about the potential risks such damage may cause.
When claiming damages, it’s enough to prove that the owner knew or should have known about the dangerous condition. They could be liable for damages if they don’t do anything about it and it causes harm.
Wrongful death
Suppose a person dies due to the wrongful act, omission, or fault of another. In that case, the latter can be held liable for damages. Certain survivors, like the executor, parents, children, and spouse of the deceased, can claim these damages.
The bereaved family may be eligible for compensation covering the following:
- Medical treatment of injuries that led to the death
- Other related medical bills and medical expenses
- Funeral and interment costs
- Loss of earning potential from the time of the accident and time of death
- Diminished quality of life between the date of injury and the time of death
- Decedent’s pain and distress
- Loss of companionship and support
What personal injury laws should you know?
Knowing personal injury laws is essential in helping you understand your rights and obligations. Your lawyer can help, but it wouldn’t hurt to become familiar with specific statutes.
Statute of limitations for personal injury cases
The statute of limitations sets the time frame within which a party can legally bring action against another. The starting point is typically the time the accident or offense occurred, but not always.
Section 28-3-104 of the Tennessee Code Annotated (TCA) sets the statute of limitation in personal injury cases to one year. Failure to bring your case to court within this period can bar you from filing the said case from the same causes of action.
Shared fault doctrine
Tennessee follows the modified comparative negligence doctrine. This means that you may not claim damages if you reach a certain level of fault or participation in the negligent act. This is why the determination of responsibility is essential. You cannot recover damages in Tennessee if your participation is 50% or more.
If your participation or fault is 49% or less, the court will reduce the damages you may claim accordingly. Suppose the jury awards you $100,000 in damages but also finds you 20% at fault. The court will reduce your awards based on the rate of your fault, so you will only get 80% of the $100,000.
Strict liability for animal attack cases
Section 44-8-413 of the TCA states that dog owners are strictly liable for personal injuries caused by their pets. The statute expressly states that dog owners must control their pets at all times. Apart from that, they are also obliged to prevent the dog from roaming freely.
If the owner fails in this obligation, they may be held civilly liable for any harm sustained by someone injured by the dog. This liability applies while the dog is in a public place or on private property.
Damage caps
State law may impose limits, or caps, on the damages awarded in personal injury cases. Various states set restrictions on the amount awarded for medical malpractice and non-economic damages such as pain and suffering.
Section 29-39-102 of the TCA limits non-economic damages in medical malpractice cases to $750,000 per claim.
The cap increases to $1 million if the mistake results in paralysis, wrongful death, limb amputation, or other severe injuries. These include the following:
- Spinal injuries ending in quadriplegia or paraplegia
- Amputation of each or both hands or feet
- Third-degree burns covering 40% or more of the victim’s face or body
- Wrongful death of any parent with visitation rights or legal custody of surviving minor children
Why do you need the help of a Clarksville personal injury lawyer?
Personal injury cases are challenging and tricky, especially in a state that adapts the modified comparative negligence doctrine. The court established the conditions for the principle in McIntyre vs. Balentine. It can significantly reduce or nullify your claim for damages if you bear responsibility for the accident.
Without a lawyer helping you, you might forfeit your chance of getting fair compensation. Their legal advice to injured victims can make or break the case.
Aside from these, here are more reasons you need to work with a Montgomery county or TN personal injury lawyer.
They can help you explore your options
The personal injury lawyer can evaluate the circumstances and injuries to determine whether or not you have a case. They will sit down with you and discuss how you should proceed with the case. They’ll be honest and tell you whether it’s best to forget about it, settle, or pursue full compensation.
Lawyers develop narratives to strengthen your case
Your personal injury lawyer will help you create a narrative that builds and strengthens your case. An ethical attorney will not suggest that you lie. Instead, they’ll help you get your story together to persuade the court that you have a case.
Apart from your narrative, they’ll also gather the statements of eyewitnesses. All of these will form part of your defense.
They will collect relevant evidence
Not all evidence is admissible to court. As a plaintiff, you need to work with a lawyer because they know what represents hard and convincing evidence. They also know how to connect evidence to establish liability for your case.
They know how much damage you should claim
Before the court awards you damages, you must include them in your complaint. There’s a portion wherein you write your prayer for damages after explaining your causes of action and defense. You must be specific in your prayer. Otherwise, the court won’t grant them.
While you can set the amount of damages to claim, it must be conscionable. Your lawyer will temper your claims and ensure you only ask what’s rightfully and legally permitted.
They will represent you in negotiating a settlement or trial
When talking to the at-fault party and
Get the Compensation You Deserve
The right of an individual ends when the right of another begins. You may have the right to drive your car, but that ends with another person’s right to safety begins.
Similarly, you may have the right to own a pet, but only insofar as you can keep it from harming others. The state regulates the exercise of such a right when you infringe upon the right of another to safety.
If you or a loved one got hurt because of the negligence of another, you’re entitled to claim damages. However, you need to prove that the at-fault party breached their duty of care to you. Apart from that, you need to prove that the breach resulted in injuries.
Your personal injury attorney can help you prove all these. If you need to equip yourself with legal knowledge to fight well in court, visit the website of The Personal Injury Center. They have an extensive collection of insightful and easy-to-grasp legal articles. If you need a Clarksville personal injury lawyer, you can also get free consultation to access their database of tort lawyers.
FAQs on Clarksville Personal Injury Lawyer
Should you speak to the at-fault party's insurance firm without a lawyer?
No law prohibits you from speaking to the at-fault party's insurer or insurance adjuster. However, to keep yourself from being victimized by lowball settlement offers, it's best to talk with your lawyer first. You can also let your lawyer speak and negotiate on your behalf. With this, you can ensure your rights are protected.
When does the Federal Tort Claims Act (FTCA) apply?
Under the FTCA, the federal government serves as its insurer. It holds itself responsible for its employees' negligence, omissions, and wrongful acts while acting within the scope of their official duties.
Suppose you suffered injury or property damage due to a federal employee's wrongful or negligent actions while performing official duties. In that case, you can ask the government for compensation.
Can you hire a personal injury lawyer from another state to represent you in a case in Clarksville?
Only state-licensed lawyers are permitted to submit legal papers on behalf of another person in state courts. However, you can bring in an out-of-state attorney through the process of pro hac vice.
