Most civil litigation in the US consists of personal injury lawsuits. Based on the United States Courts Report, civil filings of personal injury increased suddenly to 45 524 cases. That accounts for 97 percent of the total civil filings in the US District Courts in 2020.
Motor vehicle accidents are among those resulting in personal injury claims enforceable in US courts, including Tennessee. In 2022, Tennessee recorded 435,012 traffic crash injuries. State municipalities like Franklin likely have a proportionate number of personal injury cases.
Personal injury cases fall under tort law, defining personal injuries as harm inflicted on another person’s body, emotions, or reputation. The law provides protection and relief to injured victims for harmful acts caused by another person.
Accordingly, an injured party in Tennessee seeking redress through a personal injury lawsuit can recover their losses through financial compensation. However, not every injury will qualify as a personal injury case, and not all personal injury lawsuits result in damages.
That’s where Franklin personal injury lawyers come into play. They provide legal advice and representation to individuals who sustained physical or psychological injury.
Personal injury law encompasses several areas, so finding the right lawyer to represent a specific case may be tricky. Fortunately, The Personal Injury Center has valuable resources personal injury victims need regarding legal matters. We can connect you with the best personal injury attorney specializing in your case through a free consultation.
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Understanding the Basics of Personal Injury Cases
Personal injury cases usually arise when an individual suffers due to another person’s negligence or a purposeful act. But while accidents that cause personal injuries occur all the time, they don’t all fulfill the lawsuit requirements.
The Tennessee legislature and the state’s courts have enacted numerous laws and legal rulings for personal injury cases. Learning the basics before starting your personal injury claim can help you save money and emotional distress.
The following will be helpful if and when you sustain injuries in an accident in Franklin or anywhere in Tennessee.
Grounds for personal injury claims
No two personal injury cases are similar and follow the same path. But almost every case involving personal injury claims has similar requirements that enable an injured party to recover compensation.
A personal injury attorney can help determine if you have legitimate grounds to file a claim. Generally, though, you can only make a personal injury claim if you establish the following:
Negligence is the common ground of most personal injury lawsuits. This can arise in any context, such as a truck driver recklessly driving and a doctor prescribing unsafe medicines. Generally, negligence occurs when a party did not intend to cause harm, but their careless actions indirectly injured someone.
In all states, individuals have a legal duty to behave with the standard level of care. It’s how the average person should act under the same circumstances to avoid unreasonable risks of harm to others.
Suppose someone violates their state’s prevailing standards of behavior and injures another person. In that case, they may be liable on the grounds of negligence.
- Intentional wrongs
Meanwhile, intentional wrongs happen when an individual purposely acts in a certain way, resulting in another person’s injury. Unlike negligence, the defendant committing intentional wrongs causes harm to someone else knowingly.
That means the wrongdoer knew or should have known the consequences of their actions. Common examples of intentional wrongs include the following:
- False imprisonment
- Infliction of Distress
- Strict liability
Strict liability holds defendants legally responsible for personal injuries, regardless of their intent or mental state. Thus, liability can be imposed even if the party did not act negligently or intend to harm another person.
This ground typically applies to situations that involve inherently abnormal activities, such as storing explosives or working with radioactive materials.
Many states also impose strict liability for manufacturing defects. It may also apply to animal bites or attacks in some states or localities. Under the Tennessee Code Section 44-8-413, dog owners in the state can be held subject to strict liability for specific dog bite injuries.
Personal injury damages
If you succeed on your personal injury claim, you will be awarded damages for your injuries. Under Section 29-39-102, each injured plaintiff may receive compensation for the following:
- Economic damages
These refer to quantifiable monetary losses resulting from an accident. Economic damages include medical bills, lost wages, loss of earning capacity, property damage, and out-of-pocket costs. All provable economic damages are recoverable in Tennessee.
- Noneconomic damages
These comprise compensation for non-monetary losses, such as loss of enjoyment, mental anguish, pain, and suffering. Unlike economic losses, noneconomic damages may not exceed $750,000 unless you sustained a catastrophic injury or it was an intentional act.
Filing a personal injury lawsuit
Personal injury victims can seek damages through insurance or file a personal injury lawsuit. The case ends if you agree to the insurance company’s settlement offer. However, suppose you don’t reach a fair and reasonable settlement. In that case, you may go to court and file a personal injury lawsuit.
Note that there’s a high chance of losing a trial without the representation of an experienced personal injury lawyer. Before filing a personal injury lawsuit after an incident in Franklin, discuss your situation and legal options with an attorney.
Tennessee has a limited window for filing a personal injury lawsuit like other states. According to Section 28-3-104, personal injury victims have one year from the time of the injury to maintain a cause of action.
Different Types of Personal Injury Cases
Numerous situations can lead to a valid personal injury claim but don’t automatically result in legal liability. Personal injury lawyers specialize in different practice areas.
That’s why understanding the type of personal injury case you have is also vital when looking for a lawyer. Below are the various types of personal injury cases that attorneys commonly handle.
These are the most common causes of personal injuries, especially in busy cities. Car accident lawyers are the best personal injury attorney to handle this type of incident.
Because of the absence of crash protection in motorcycles, these crashes frequently produce catastrophic personal injuries. A motorcycle accident lawyer will help you make a successful personal injury claim.
Most workplace accidents resulting from an injury are claims on the employer’s insurance. But workers’ compensation laws are complex and have strict deadlines for filing. Under Section 50-6-203, injured employees have one year to file a personal injury lawsuit for workers’ compensation benefits.
Medical professionals take an oath not to harm. But sometimes, they fall short of that responsibility, causing serious, life-changing injuries. When this happens, you can file a medical malpractice claim. You may seek compensation for the harm caused by the negligence of a health professional or institution or medical error.
Dog bites and animal attacks
Personal injuries caused by dog bites and other animal attacks can be severe. The owner will be liable for dog bite injuries if strict liability rules exist. This applies even if the animal isn’t aggressive and prone to biting. You may need a dog bite lawyer to deal with this type of personal injury case.
This personal injury case deals with accidents occurring on someone else’s property. Slip-and-fall injuries are the most common type of premises liability case. A slip-and-fall lawyer can help you sue the premises owner and get compensation for your injuries.
Personal injuries due to a manufacturing defect or design flaw fall under product liability. If you have this type of personal injury case, you can sue multiple parties in the product’s distribution chain.
This type of personal injury case is available for situations that have resulted in fatalities. If the victim dies from the injury, their family may file a wrongful death claim and recover damages. No amount of financial compensation can make up for the loss. But this will help cover expenses following a loved one’s death because of the accident.
How Can an Experienced Franklin Personal Injury Attorney Help You?
Like in any state and city, dealing with personal injury cases in Franklin, Tennessee, can be complex. There are several legal processes and civil litigation steps to consider. But an experienced lawyer knows and understands all personal injury law areas.
If you’re uncertain about acquiring legal help, here’s what a personal injury lawyer in Franklin can do to help accident victims.
Investigate the facts of your claim
Evaluating the facts of your case is a crucial foundation for a successful personal injury claim. Not only do personal injury attorneys provide objective insight into your situation. They can also assess its strength and chances of winning as they know the legal aspects of your incident.
Typically, the insurance company involved with your claim will investigate offering a settlement. While it may lead to a faster settlement offer, it’s often much lower than what your case is worth. Insurance companies operate as a business, aiming to pay as little as possible.
Meanwhile, a Franklin personal injury attorney will take time to uncover all the relevant facts to support your case. They will work with expert witnesses and other professionals to collect additional information about the incident.
Build your case with solid evidence
Collecting evidence is the most critical aspect of building a personal injury case. It helps establish liability for who caused the accident and the extent of injuries the injured party suffered. Note that personal injury cases are won and lost based on evidence.
With solid evidence, the injury may come up with a decision and resolve your case without going through a trial. Insurance companies may not settle fairly at the outset of negotiations. But they’re more likely to agree on a fair settlement when they see your case has sufficient evidence.
However, gathering proof can be challenging, especially if you suffer serious injuries like a traumatic brain injury. In this case, an experienced Franklin injury lawyer can do the job for you. They know what types of evidence are admissible in court and will eventually help prove your claim.
Secure fair compensation for your injuries
Most personal injury victims assume the liable party’s insurance company will offer them a fair settlement. Unfortunately, insurance adjusters are not your friend. They work to protect their profits, meaning they often offer injury victims far less than they’re entitled to recover.
An experienced personal injury attorney handling these cases knows what fair compensation is. They’re also skilled at analyzing the full value of your claim based on the cases’ specific circumstances.
Consequently, they will work hard to secure the maximum financial compensation for your injuries and other losses. You can get an advantageous settlement with a Franklin personal injury lawyer’s specific training and negotiating tactics.
Provide representation at trial
Many personal injury cases settle during or after the discovery process, but that’s not always true. In some instances, settlements are impossible, and pursuing litigation is the only way to acquire reasonable compensation.
An attorney could file a personal injury lawsuit on your behalf. A personal injury trial lawyer provides representation if the case proceeds to trial. They will continue to do the work to secure a favorable verdict, from building your case to preparing witnesses and compiling evidence.
Working with a personal injury lawyer serving in Franklin also makes sense, particularly if you get injured in the city. This is because they’re more likely familiar with Franklin court personalities and procedures, ensuring you have the advantage.
Find the Best Legal Assistance Through The Personal Injury Center
Working with a personal injury attorney is crucial if you’ve sustained injuries caused by someone else. This way, you can protect your health and legal rights. With an experienced lawyer advocating for what you legally deserve, you can get the maximum financial compensation needed to recover.
Many personal injury victims find it hard to find the right lawyer they can trust. It doesn’t have to be for your case. Searching for the best lawyer to handle your personal injury case is now much easier through The Personal Injury Center.
Obtain a free case evaluation today. Based on your circumstances, we’ll link you to a reliable law firm in Franklin with experienced personal injury attorneys specializing in your case.
FAQs on Franklin Personal Injury Lawyer
How long should you file a personal injury lawsuit?
The time personal injury victims have to file a lawsuit depends on state laws. Victims in personal injury cases may have one to six years from the incident to file a claim.
What are the critical characteristics of a personal injury lawyer?
Not all personal injury lawyers are of the same caliber. The most competent ones possess several outstanding characteristics. When looking for the best lawyer to represent your personal injury case, consider the following:
- Specializes in the field of personal injury law with years of experience handling similar cases like yours
- Knowledgeable of the state and federal laws connected to your case
- Has strong communication and negotiation skills
- Has extensive experience in litigation if your case goes to trial
- Excellent track record of successful verdicts and settlements
What’s the average personal injury settlement?
Compensation is based on the specific circumstances of each personal injury case, making it difficult to estimate a typical amount. But in most personal injury cases, the settlement is between $3000 and $75,000.