In Tennessee, a range of injury and accident types might add to the number of personal injury claims. When the wrongful actions or negligence of a third party cause harm or hurt another party, the party suffering from damages has the right to file a personal injury claim to get compensated for the damages.
Personal injury claims have intricate processes, and that could become overwhelming if you decide to go through them alone. It is more frustrating for those who are dealing with mental or financial stress and those recovering from severe injuries. There are certain laws governing personal injury claims in Tennessee that can influence the result of such claims.
The Significance of Taking Action On Time
Regarding personal injury cases in Tennessee, timing is vital. Tennessee uses the statute of limitations verdict on such claims. That means there is a legal period during which personal injury claims should be reported. In most cases, personal injuries should be reported within a year from the injury date.
However, failing to take the necessary action within this time frame could result in forfeiting your claim and getting no compensation for damages. Therefore, it is safe to know that seeking legal support immediately after an accident is the best decision you can make.
What Factors Can Reduce Your Settlement Amount?
When you have the right legal support, you can get the appropriate settlement for your claim. However, some factors can limit the compensation you might receive. They include:
Comparative negligence
Some states in the US follow a modified comparative negligence law, and Tennessee is one of them. That law allows the defendant and yourself to be responsible for the damages caused. That means all parties involved will share the damages, which are dependent on the percentage of fault.
For example, if the court conducts an in-depth investigation and determines that 80% of the responsibility for the damages lies with you, no compensation will be awarded. However, if the fault is less than 49 percent, suitable compensation may be granted.
Tennessee laws on damages
Tennessee lawmakers passed a bill in 2011 stating the amount of punitive and non-economic damages that those involved could get. Regarding non-economic damages, the amount was capped at $750,000 per incident and $1 million for severe cases like amputation. The amount of punitive damages is twice the amount of non-economic damages.
What Are the Consequences of Failing to File a Personal Injury Case Within a Year?
Unfortunately, it is possible not to get positive results if you file a personal injury claim after a year. Your case might be dismissed. Before further evaluation, the court will first check the filing deadline. That means, irrespective of how much damage you are suffering, as long as you fail to file a claim within the legal time frame, the case is good as gone with no exceptions.
Conclusion
“It is always best to speak with a lawyer immediately after an accident to avoid saying things that will get you in trouble with the police or insurance,” says Attorney Michael Ponce of Ponce Law. Consider consulting with an attorney before submitting any insurance claim if you have not done that by the time you have received medical attention and begun collecting evidence.
Besides providing a case evaluation, an attorney will assist you in gathering evidence, working with a field specialist, going over all relevant paperwork and data, and estimating the significance of your claim should they choose to represent you.