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Understand the Basics of Personal Injury Law

Personal injury law is complex. However, by understanding the basics, you’ll feel less in the dark when it comes to your personal injury case.

There are many kinds of personal injury accident cases, such as motor vehicle accidents, dog bites, nursing home abuse, medical malpractice, slip and fall, construction accidents, and wrongful death. The unique factors in each case are best explored by injury lawyers who can advocate for your legal rights.

The first step in understanding the basics of personal injury law is determining whether or not you have a valid claim.

Negligence Is the Common Denominator

To pursue compensation in a personal injury case, you must be able to show that the other party was negligent. To do this, you must prove that the defendant owed you a duty of care. In a car accident, for example, it’s the duty of everyone to drive safely and obey traffic laws.

You must additionally prove that this person breached that duty, causing your injuries. Additionally, you’ll have to show you suffered financial or physical harm. Since some personal injury cases are more complex than others, particularly in cases involving multiple at-fault parties, having a lawyer represent you is ideal.

Tennessee’s Fault Laws and What They Mean for You

Tennessee uses a fault-based system for insurance, which means the person who is at fault is liable for paying the damages of the victims. Tennessee’s modified comparative negligence system is another factor.

Modified comparative negligence means that if you are found to share some of the fault for your injury, your compensation will be reduced. They will assign a percentage of fault and deduct that from your awarded damages. If you were granted $100,000 but were found to be 20% at fault, then you would only receive $80,000. If you were assigned 51% or more of the fault, you would get nothing.

Often, many injury victims are assigned partial fault even when the evidence shows otherwise. Having an attorney is the best way to prevent injustices like these from happening to get the full amount you deserve.

Time Is Ticking

Bringing a personal injury lawsuit requires timely action. There is a statute of limitations in place that starts from the date of your injury, allowing you one full year to pursue your claim.

A year can fly by, so it’s essential to start getting your personal injury case ready as soon as possible. The advantage of being forced to hurry is that it will be less likely for evidence to disappear or witnesses to be unavailable. Victims under the age of 18 get longer, though, as they can file a lawsuit one year from their 18th birthday.

Hiring an Attorney for Your Personal Injury Case

No lawyer can guarantee your outcome. However, you’ll have a smoother experience with someone representing your legal rights. It helps to choose a personal injury attorney who has previous experience with cases like yours to fully understand your plight.