A personal injury is any negligent or intentional act of omission or commission resulting in damage to another person. The claimant must prove that the injuries are verifiable and directly connected to the damages asked. These injuries could also come in the form of bodily harm, an attack against one’s reputation, and emotional distress.
According to the National Safety Council, the US recorded 200,955 preventable deaths and 55.4 million injuries in 2022. These deaths and injuries resulted in $1,158.4 billion in societal costs.
Murfreesboro, Tennessee, isn’t immune from potential personal injury cases. In early 2023, two people died in a motor vehicle accident at Fortress Boulevard near Murfreesboro Apartments’ Cross Creek entrance. The driver who caused the accident allegedly crossed the center line into oncoming traffic.
Another recent instance was mid-2022 when a 42-year-old man was in a head-on collision on Lascassas Pike with a 2021 Toyota Corolla. An 11-year-old died, and three others were injured. The driver faces multiple charges, including driving under the influence.
These are some cases that prove the lethal consequences of negligence. The tragedy is that these incidents could have been avoided with due diligence. If people had been more diligent in their duty of care, they could have prevented these fatalities.
If you’re suffering from the aftermath of a negligent accident, know that you may have a personal injury case. Read about your legal rights in these scenarios by checking out The Personal Injury Center.
Find a lawyer if you need someone to represent you before the at-fault party,
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What are the typical personal injury cases in Murfreesboro?
Personal injury cases can include motor vehicle, motorcycle, bicycle, boating, and truck accidents. They can also be slips and falls, traumatic brain injuries (TBIs), and wrongful death. However, you can categorize personal injury cases into five types.
Auto accident injury
Section 55-10-11 of the Tennessee Code (Code) outlines what you should do after a vehicular accident resulting in death or injuries. It states that the drivers of the vehicles involved in the accident should stop their cars immediately without obstructing traffic. Failure to comply could result in a Class A misdemeanor.
This misdemeanor may entail a fine of up to $2,500.00, jail time of 11 months and 29 days, or both. This is comparable to offenses like drinking under the influence (DUI), theft, possession of drug paraphernalia, domestic assault, and assault.
Failing to stop may be a Class E felony if the driver, knowing or should have known someone died, leaves the scene. Aside from the criminal penalties, the driver will also lose their permit or license to operate a vehicle.
Aside from stopping, Section 55-10-103 requires the drivers involved to exchange the following information:
- Name
- Vehicle registration number
- Address
- Copy of their driver’s license
They should also aid injured persons by bringing them to the nearest hospital or doctor.
Section 55-10-106 requires the involved parties to call the police, state highway patrol, or county sheriff as soon as possible. This applies to cases involving death, injury, or damage to property amounting to $50 and up.
Medical malpractice
In Tennessee, the Health Care Liability Act governs claims for medical malpractice. It outlines deadlines and required documents for filing a medical malpractice lawsuit.
Under the law, a plaintiff must fulfill the pre-suit notice requirement to bring an action for medical malpractice. Here,
Section 29-26-121 of the Code also requires the plaintiff to give a 60-day notice to all parties to the case. It should come with a Health
Product Liability
Consumers assume that the products they buy and use will function properly and not cause harm to anyone. If these products cause injury, product liability laws provide the framework for seeking compensation from the manufacturer.
Tennessee Products Liability Act of 1978 governs penalties and regulations for defective products in Murfreesboro and the rest of Tennessee. For your product liability claim to prosper, you must show the following:
- The product was in a “defective” or “unreasonably” dangerous condition when the manufacturer brought it to the market
- The party responsible for the said defect
- Evidence pointing to the identified accountable party
- Direct connection between the defect and your injuries
Unreasonably dangerous means the product poses a greater danger than a typical user would expect. A reasonable manufacturer would not have made the product available if they knew its potential hazard.
In Tennessee, manufacturers can be held strictly liable for product liability claims even if they were not negligent. The only requirement for the user is to prove that they did not misuse or alter the product.
Premises liability
Premises liability applies whenever an individual is hurt on someone else’s property. The most typical scenario is a slip-and-fall, but numerous circumstances can fall under these laws, such as the following:
- Animal attacks
- Fire
- Insufficient building security resulting in harm
- Pool accidents
- Toxic exposure
In Tennessee, property owners must show “reasonable care” to shield individuals on their property from “unreasonable dangers.” If they fail to fulfill this duty, they will be accountable for any injury that occurs.
There are three frequently used defenses in premises liability claims:
- Express assumption of risk: If a person voluntarily and consciously accepts the risk of a hazardous situation, the property owner cannot be held responsible for any harm.
- Open and obvious defense: Alleged at-fault parties often argue that the dangerous condition was “open and obvious,” meaning the plaintiff should have noticed and avoided it. However, the fact that a hazardous condition is open and obvious does not relieve the property owner of their duty to exercise reasonable care. The courts consider it a factor in determining liability.
- Modified comparative fault: Under Tennessee rules, the plaintiff’s damages are reduced by their percentage of responsibility. If the plaintiff is at fault by 50% or more, they can’t recover damages.
Wrongful death
When an individual dies due to another person’s negligence or wrongdoing, their surviving family members may bring a lawsuit for “wrongful death.”
Title 20, Chapter 5 of the Code outline the rules governing all wrongful death cases in Murfreesboro and the rest of Tennessee. Section 28-3-104 sets the time limit for raising a wrongful death claim. A claimant must file a lawsuit for wrongful death filed within one year of the person’s death.
The deadline may be extended in exceptional circumstances. These include the following:
- Statute tolled (paused) due to delay in discovery
- Court waiver
- A waiver by the opposing party
How can you prove damage or liability in personal injury cases?
It can be challenging to prove liability in personal injury cases. However, a seasoned lawyer can help establish the following:
Duty of care
Negligence is the foundation of many personal injury cases. Everyone must act according to the standards of behavior to prevent causing harm to others by creating unreasonable risks.
Failure to follow these standards and causing injury to another person may hold the negligent party liable to compensate the victim for their injuries. In some cases, a negligence claim can also arise from failure to take action or omission.
Breach of duty
The plaintiff shouldn’t stop at establishing the at-fault’s party duty of care. They must also show that the defendant breached this duty by overt acts, negligence, or omission.
Causation
The plaintiff must then show the direct and proximate link between the breach and harm and actual damages or losses.
“Proximate causation” refers to a causal relationship between the breach and losses suffered by the plaintiff. An event that is too remote or unrelated to the harm may not be considered a proximate cause.
A motorcyclist injured in a truck collision must show that the other party’s actions failed to meet the standard of care. A classic example of actions failing to meet this standard would be a truck driver disregarding a stop sign.
Verifiable damages
The plaintiff must also show that their loss resulted in an injury. Under the doctrine of “damnum absque injuria,” harm without a wrongful act doesn’t have legal remedies. In other words, any loss or damage suffered must result from a breach of duty.
An example of this is when the defendant, even with reasonable foresight and due diligence, couldn’t prevent an injury caused by another party. Suppose person A is a passenger on the train owned by Company C. While onboard the train, Person B stabbed person A with a knife, leading to lethal injuries.
Company C has no legal obligation to keep Person A or any passenger from unforeseeable harm. This means Person A can’t pursue legal action against Company C.
For a personal injury claim to process, the plaintiff must show that the damages they suffered are verifiable. These could be through medical bills, proof of lost wages, and other similar documents.
Should you hire a Murfreesboro personal injury attorney?
A personal injury lawyer is advisable if you incurred injuries due to someone else’s negligence. A lawyer can help you through the legal process and seek compensation.
Lawyers can help you find evidence, talk with insurers, and represent you in court if necessary. They also often work with a legal team that can offer more assistance in preparing for your case. You can visit the law office of a Mursfreeboro personal injury lawyer to get more details on why you should hire one.
They can offer objective advice
It’s hard to remain logical when involved in a physically and emotionally draining situation like an accident. The pressure from the other party or
This wouldn’t happen when you’re working with an accident lawyer who can offer legal advice and representation. They are there to help you determine the best courses of action. A legal adviser can also bring perspective to your case so you can proceed with a clearer mind.
They can help build your case and establish the cause of action
Many laws govern filing a personal injury lawsuit. These legal requisites are even more complex in medical malpractice cases. You don’t need to complicate your life by dealing with all these alone.
Personal injury lawyers know all the substantial and procedural aspects of the case. They can establish that you have legal standing and probable cause to file a claim. Aside from that, they know what to present to the at-fault party,
They can gather admissible evidence
Not all evidence is admissible in court. Without knowledge of the rules on evidence, the other party can call for dismissing the claim for lack of merit. This won’t happen when you’re working with a lawyer. They can document the entire process when collecting relevant evidence to support your claims.
They know how to calculate the value of your claim
Most people think they could claim exorbitant damages since they suffered an injury because of another person’s negligence.
Accident attorneys at law will temper your claims and ensure you only ask what you’re legally entitled to receive. Their years of experience in law practice make them knowledgeable in personal injury law, motorcycle accident cases, and other torts.
They provide legal representation
After suffering injuries from any accident, you have two options: settle or go to court. Either way, you should have a lawyer by your side. In settlement cases with the at-fault parties or
If you can’t reach an agreement with the at-fault party or
Get the Help and Legal Assistance You Need
Resolving settlement claims and lawsuits will always be challenging for you or a loved one. However, having a clear understanding of your rights and the assistance of a competent lawyer can significantly relieve your burden. A personal injury attorney has experience in these practice areas.
By browsing The Personal Injury Center’s blogs, you learn about your legal rights and duties. Our team works hard to provide easy-to-digest legal articles to inform personal injury victims.
Fill up a free consultation form so we can match you to an experienced personal injury attorney in Murfreesboro. We can also connect you with law firms in Nashville, Franklin, Clarksville, Lebanon, or anywhere in Tennessee.
Check our website and take advantage of our free case evaluation!
FAQs on Murfreesboro Personal Injury Lawyer
What should you do if the court denies your slip-and-fall claim?
You have several options after a court denies your personal injury claim.
- File an appeal if you think the court made a mistake in denying your claim. However, this process can be complex and time-consuming.
- Try to negotiate with the defendant to reach a settlement outside of court.
- Depending on the circumstances of your case, you may be able to re-file your claim in another court or with different evidence.
Remember, Tennessee law allows only one year from the time of the incident to file a claim. It's crucial to act quickly. Contact an attorney to discuss your options promptly.
Is it advisable to sign consent or release forms from the other party's insurance company after a car accident in Murfreesboro?
It is generally not advisable to sign any forms without first seeking the advice of a qualified personal injury lawyer. Release or consent forms from the other party's insurance company are particularly critical.
Insurance companies are for-profit businesses and often use consent or release forms to limit their liability in car accident cases. They might ask you to sign documents like the following:
- Medical authorization release
- Quitclaim
- Property damage release
Releasing accident-related injury medical records is mandatory. However, signing a blanket authorization is sketchy. This grants the insurer access to your entire medical history and allows them to find reasons to reject your claim.
By signing these forms, you may be giving up important rights, including your right to pursue additional compensation.
A personal injury lawyer can review the forms and advise you on the implications of signing them. They can also negotiate with the insurance company to ensure you receive a fair settlement for your injuries and damages.
How much time does it take to resolve a personal injury case in Murfreesboro?
In Tennessee, personal injury cases typically take nine months to one and a half years to resolve. Though it may appear lengthy, it enables you to receive higher compensation. This time frame allows you to complete medical treatment and follow all the necessary litigation procedures to establish your claim.
