If you have been the victim of personal injury in an accident that was caused by someone else, then you could be eligible for compensation to cover expenses such as medical bills, loss of earnings or pain and suffering caused by the injury. Personal injury law can vary from state to state, so here is a brief overview of personal injury law in Tennessee.
What Counts as Personal Injury in Tennessee?
In general terms, personal injury covers any mental or physical injury caused by another person’s negligence. They can range from relatively minor injuries through to more severe disability or even loss of life. Personal injury does not cover damage to property. Car accidents are among the most common type of personal injury law, but other types could include:
- Dog Bites
- Slips, Trips, or Falls
- Trucking Accidents
- Motorcycle Accidents
- Sexual Abuse
- Product Liability
- Medical Malpractice
How is Fault Determined in the State of Tennessee?
One of the key elements in a personal injury case is proving that another person acted negligently, thus causing the injury. It is necessary to show the following:
- The negligent party had a responsibility not to cause injury and has failed to meet that responsibility.
- There is a clear connection between the behavior of the negligent party and your injuries.
- That you have suffered damages, ie, financial losses as a direct result of your personal injury.
In Tennessee, if it is determined that your own carelessness could have also contributed to the personal injury, then your compensation may be reduced to reflect the percentage of blame attributed to your own actions. If it is decided that you are over 49% responsible, then you cannot claim damages from personal injury.
An example of determining the fault in a personal injury case could be if the injury was caused by slipping on icy stairs leading to a public building. Since the stairs have not been cleared, the owner of the building can be found negligent. However, if the stairs had a handrail and the injured party had not used it, they may be found partially to blame as holding the handrail may have helped them to avoid the injury. In such a case, the compensation awarded would likely be reduced slightly to account for this.
Personal Injury Compensation Types
When deciding the amount of compensation awarded in a personal injury lawsuit, there are several different factors taken into consideration. Some of the costs that the negligent party may be required to pay might include the following:
- Medical expenses relating to the treatment of your personal injury
- Compensation for permanent disability or disfigurement
- Loss of earnings while unable to work due to the injury including time off for treatment
- Other costs incurred as a result of the injury
- Compensation for pain and suffering
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Butler, Vines and Babb is a leading law firm in Knoxville, TN, with extensive litigation experience in Medical Malpractice Law, Birth Injury Law, Trucking Accident Law, Personal Injury Law, and Business Law. Contact us today at www.bvblaw.com or call 865-637-3531.
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