Personal injuries include harm to an individual’s body, emotions, and reputation. Hence, personal injury law, also called tort law, seeks to protect you and your property in case of harm caused by another’s negligent act or omission.
For instance, a hit-and-run accident on Forest Avenue sent a six-year-old boy to the hospital. According to the police, the uninsured woman driver left the accident scene. She also has a suspended driver’s license. Due to the accident, one resident reminded drivers to slow down to prevent accidents that may harm children.
If your personal injury lawyers in Jackson, Tennessee, can prove the defendant’s liability, you can receive fair compensation for your injuries. However, the court may reduce the damages you receive under some circumstances.
Contact a personal injury lawyer serving Jackson if you were in a negligent accident. They can provide legal advice and representation to protect your rights. Your attorney helps ensure that you receive the maximum compensation possible.
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Common Types of Personal Injury Claims in Jackson, Tennessee
Personal injury lawyers handle different types of cases. They include those involving auto accidents, catastrophic injuries, wrongful death, medical malpractice, and defective products. If you sustained harm due to these instances, you need an attorney who can prove the at-fault party’s liability.
The Insurance Institute for Highway Safety (IIHS) Fatality Facts documented 1,119 fatal crashes in Tennessee in 2020. That translates to an estimated 17.6 deaths per 100,000 population, one of the highest in all states.
To attribute liability, lawyers must prove negligence. The elements of negligence are:
- Defendant’s legal duty
- Breach of duty
- Plaintiff’s injury
- The connection between the breach and injury
A sample scenario involves a fatal crash involving an impaired driver with a blood alcohol concentration (BAC) of 0.13. The driver has a legal duty to refrain from driving under the influence (DUI). However, the other vehicle’s driver suffered injuries due to their breach of the said duty. In this example, the injured individual can demand compensation from the intoxicated driver.
Other liable parties include auto manufacturers and government agencies. For instance, companies that produce vehicles with defective brakes can be responsible for rear-end accidents. Moreover, injured parties can initiate tort action against states and cities which fail to repair potholes and other road hazards.
Victims of truck accidents may experience head trauma, concussion, internal bleeding, paralysis, nerve damage, and whiplash. Due to the massive size of trucks, they can be more destructive than car accidents.
Causes of truck accidents include speeding, mechanical issues, driver inattention, and tailgating. Moreover, liability may lie with the truck driver, trucking company, truck owner, or manufacturer.
Your lawyer must prove negligence to help you demand compensation. For example, if a truck driver operates a vehicle beyond the speed limit, they breached their duty to follow traffic rules. As a result, pedestrians sustained life-threatening injuries. In this scenario, the pedestrians claim personal injury and ask for damages.
Trucking companies should also maintain their vehicles. If they fail to repair faulty brakes, resulting in a chain reaction collision, the injured parties can file a tort case against them. In the case of manufacturers, they should only produce well-made truck parts without any flaws to prevent road crashes.
The National Highway Traffic Safety Administration’s 2020 Traffic Safety Facts documented that 145 motorcyclists in Tennessee died due to DUI. WNWS Radio also reported a crash that led to the death of a 51-year-old motorcyclist in Jackson.
Liable parties in motorcycle accidents include negligent drivers, manufacturers, states, and cities. For example, a tailgating motorcyclist who breached their duty to maintain a safe distance may pay compensation if their violation resulted in a rear-end crash.
Victims may also file a personal injury lawsuit against manufacturers who produce faulty motorcycle parts. For instance, defective wheels and tires can cause motorcyclists to swerve into another lane and collide with other vehicles. Moreover, states and cities failing to repair dangerous roadways can compensate injured individuals.
Catastrophic injuries significantly affect a person’s work and daily life. Moreover, they involve long-term effects and permanent disabilities. Examples include traumatic brain injuries (TBIs), spinal cord problems, severe burns, amputations, and organ damage,
The liable parties may depend on the incident that caused the injury. For instance, if a pedestrian suffered from a spinal cord injury that resulted in paralysis, they can file a tort case against the at-fault driver. On the other hand, if defective equipment causes the accident, the pedestrian can sue the manufacturing company.
Severe burns can also cause nerve damage, preventing a person from doing their usual work. Likewise, an individual who experienced amputation cannot work as they used to before the accident. In these cases, they can demand damages from the liable party.
Dog bite injury
In 2014, a five-year-old Rottweiler killed a man in Jackson, Tennessee. According to the sheriff, the 57-year-old man was all chewed up after the incident. A family friend also told FOX6 News that the rottweiler and the victim’s wife had bitten her. However, the Regional Health Department stated that the dog showed no signs of aggressive behavior at the Rabies Control center.
Common injuries in a dog bite incident include puncture wounds, fractured bones, emotional trauma, cuts, and scrapes. Dog bites can also cause infections, such as tetanus and Pasteurella. Unfortunately, tetanus complications include breathing problems, pneumonia, and death. On the other hand, victims with Pasteurella infection may experience chills, fever, pneumonia, urinary tract infection (UTI), meningitis, and blood infections.
Section 44-8-413 of the Tennessee Code (Code) requires owners to keep their dogs under reasonable control and prevent their pets from running at large. Under that law, the owner may be liable regardless of their intention. Moreover, the law does not require the owner’s knowledge of the canine’s vicious behavior. That means Tennessee follows the strict liability rule for dog bite injuries.
The common types of malpractice include misdiagnosis and surgical errors. A misdiagnosis happens when a doctor gives a patient an incorrect diagnosis. As a result, the patient cannot receive the proper treatment.
On the other hand, surgical malpractice occurs when the surgeon does not follow the critical steps in a medical procedure. It may also involve a surgeon’s negligent acts directly harming a patient. For example, suppose a doctor prescribes medicine not intended to treat your illness, which aggravates your symptoms. In that case, you can ask for compensation.
The elements of medical malpractice are the same as negligence, but they can be more challenging to prove. It is generally necessary to present expert testimony to establish the standard of care that applies to the medical professional’s conduct. The expert will also show how the medical professional’s conduct fell below that standard.
The specific requirements for proving medical malpractice can vary by jurisdiction, so it is essential to consult with an experienced medical malpractice attorney in your area.
Nursing home abuse
Nursing home abuse happens when caregivers harm residents of long-term facilities. Some of its signs include:
- Unexplained cuts or bruises
- Emotional withdrawal
- Sudden financial difficulties
- Unexplained hospitalizations
Hence, it can involve physical, emotional, and sexual harm and financial exploitation. Police arrested a Tennessee woman for assaulting her 74-year-old patient at the Harborview Nursing Home. The victim suffered facial injuries due to the abuse.
In a nursing home abuse case, owners and employees may be liable. For instance, if the owner does not conduct proper training and hires adequate caretakers, courts can order them to pay damages. Moreover, if an employee neglects or abuses a resident, they can also pay compensation.
Wrongful death is any incident where a person dies due to another’s negligence or misconduct. Section 20-5-106 of the Code allows the immediate family to recover damages in case of wrongful death.
Wrongful death cases may involve different circumstances, such as medical malpractice and road accidents. For instance, the IIHS Fatality Facts reported 1,217 deaths involving motor vehicle accidents. In such cases, family members can demand payment from the negligent drivers, manufacturers, or cities.
A wrongful death case may also arise due to a surgeon’s negligent acts that caused a patient’s death. For example, a doctor who left surgical sponges inside a patient’s body failed to exercise the required duty of care. Medical implements left behind can cause infections and internal bleeding. Patients who suffer from such illnesses can sue the surgeon for medical negligence.
In a premises liability lawsuit, you can recover compensation if you sustain injuries while on someone else’s property. Conditions that may lead to slip-and-fall accidents are wet floors, uneven flooring, debris, trash, and spills.
Your personal injury lawyer may prove liability under the doctrine of negligence. Concerning premises liability, they must establish the following elements:
- The owner, occupant, or lessee has a legal duty to maintain the property
- They violated the said obligation
- The guest suffered from injuries
- The breach of duty directly caused the injuries
Product liability doctrine provides plaintiffs a basis for suing manufacturers in case of manufacturing defects, design flaws, and breach of warranty. Section 29-28-105 of the Code states that manufacturers or sellers may be liable if the product is defective or unreasonably dangerous.
Moreover, the manufacturer or seller may not be liable in cases of altered, improperly maintained, or abnormally used products. Section 29-28-107 also requires the complaint to state the amount the plaintiff demands from the defendant.
How Can a Jackson Personal Injury Lawyer Help You
In a personal injury case, lawyers play many critical roles. It takes an experienced one to execute each one for the best results.
Investigate your case
Personal injury lawyers gather documentary evidence, such as police and medical reports, nursing home documentation, and death certificates. They can also ask for CCTV footage or photos to establish the facts of your case. Moreover, they interview witnesses and use their testimonies to strengthen your claim against the at-fault party.
Negotiate with your insurance company
Since insurance companies still want to generate income, they might limit your personal injury claim. Hence, it might be challenging to receive a fair settlement. Fortunately, personal injury attorneys can negotiate with insurance adjusters and review policy details, helping you receive maximum coverage.
Provide legal advice and representation
Accident lawyers give legal advice and represent your interests in court. Legal advice involves explaining relevant statutes and case laws and developing legal strategies to win your case. On the other hand, legal representation includes filing court documents and arguing in court.
Secure recoverable damages
Jackson, Tennessee, follows the modified comparative negligence principle. As a result, the court may reduce the amount of damages you may receive according to your degree of fault. Additionally, you may only recover compensation if you are less than 50 percent liable for the accident.
In a personal injury case, you can receive economic and non-economic damages. The first type includes medical bills, lost wages, lost earning capacity, and property repair costs. You can also ask for reimbursement for funeral costs in case a loved one has died. The aim is to compensate you for actual financial losses.
On the other hand, non-economic damages involve pain and suffering, inconvenience, loss of consortium, and loss of enjoyment of life. They mainly refer to the emotional effects of another’s negligent acts.
Find Experienced Personal Injury Lawyers in Jackson, Tennessee
Personal injury cases in Jackson typically involve road accidents, medical malpractice, nursing home abuse, premises and product liability, and wrongful death.
In a personal injury lawsuit, your lawyer must prove another party’s liability. This way, you or a loved one can receive maximum compensation. Hence, finding an attorney with years of experience in these practice areas would be best.
Visit The Personal Injury Center to connect with a personal injury lawyer in Jackson. Our site also provides free legal information to inform you of your rights. Book a free consultation now!
FAQs on Jackson Personal Injury Lawyer
What is the statute of limitations for Jackson personal injury cases?
Section 28-3-104 of the Tennessee Code provides a three-year limitation for filing a personal injury case. Hence, you must initiate your tort action within three years after the incident or its discovery.
What are the steps to becoming a personal injury lawyer in Jackson, Tennessee?
First, you must complete an undergraduate pre-law education or a bachelor’s degree. Next, you must pass the Law School Admission Test. After taking the LSAT, you must enroll in a law school in Tennessee. Third, you must pass the Tennessee Bar Exam. Lastly, maintain your license and focus on personal injury law.
How much should you pay a personal injury lawyer?
Most attorneys engage in a contingency fee basis, taking 20 to 50 percent of the total recovery amount. Some lawyers also charge an hourly rate. It depends on your agreement with your lawyer.