Any time someone else causes you physical harm by acting in a reckless or careless way, you may have a legal right to file suit against them and demand financial compensation for your losses. In practice, though, proving someone else responsible for an accident and demanding fair recovery for all past and future compensable damages is a lot more complicated than it might seem on paper, especially if you try to pursue a claim alone.
Assistance from an experienced Bartlett personal injury lawyer could make a world of difference when it comes to effectively recovering through a personal injury lawsuit or settlement demand. Whether your case concludes in or out of court, a seasoned attorney at the Reaves Law Firm, PLLC could represent your interests every step of the way and seek the best possible resolution for your unique case.
Most successful personal injury claims in Bartlett are built around the legal theory of negligence, as a seasoned attorney could further explain. In order to successfully recover monetary damages, a person filing suit based on this theory must prove the existence of all four components of legal negligence:
The “duty” one person owes another can vary substantially from case to case, but it generally entails the obligation a person has to act responsibly and reasonably under certain circumstances. For example, all motor vehicle drivers have an obligation to follow traffic laws and remain aware and cautious of other vehicles and people nearby. What constitutes a “breach,” or violation, of this duty also depends on the circumstances, but it can be either an overtly illegal act or a simple moment of carelessness.
“Causation” in this context means establishing that a particular accident resulting in at least one injury requiring professional medical attention would not have occurred at all if the named defendant had not breached their duty of care. Finally, “compensable” losses can be economic or non-economic in nature, so long as they stem directly from injuries sustained through the accident in question.
Tennessee Code §29-39-102 caps financial recovery for non-economic forms of harm—often referred to as “pain and suffering” damages—at $750,000 for most cases and at $1,000,000 for cases involving specific catastrophic injuries listed in this statute. Additionally, court precedent in Tennessee prohibits any civil recovery by plaintiffs who bear equal or more fault for their accident than all defendants combined. This same precedent allows courts to proportionately reduce a plaintiff’s damage award in value by any lesser percentage of fault they are found to bear.
Finally, TN Code §28-3-104 sets a one-year filing deadline for most personal injury claims, which is a much shorter statute of limitations than most other states. Understanding and overcoming these kinds of procedural roadblocks could be much easier with support from a skilled personal injury lawyer in Bartlett.
Being hurt because someone else acted irresponsibly can be immensely frustrating—even if your injuries will heal completely over time—thanks to the various financial, physical, and personal losses you may experience in the meantime. Fortunately, anyone injured under circumstances like this has grounds to pursue civil litigation against the party or parties responsible for their injuries.
Representation from a Bartlett personal injury lawyer could be vital to maximizing your odds of achieving a fair and comprehensive financial award in this kind of case. To learn more, call the committed team of attorneys at the Reaves Law Firm, PLLC today.
