An individual who has been harmed or injured due to an accident or another person’s actions brings a personal injury case. These incidents are frequently brought about by someone else’s carelessness or negligence. The Memphis personal injury lawyers at Gatti, Keltner, Bienvenu & Montesi, PLC are knowledgeable about the laws governing each case and have experience managing personal injury claims.
It could be typical for a personal injury case to involve multiple culpable parties. Our Memphis personal injury lawyers are equipped to handle any difficulties and assist the victim in obtaining full recompense for their damages.
Why Hire a Personal Injury Attorney?
A knowledgeable personal injury lawyer will thoroughly investigate each claim. They will manage all correspondence and documents with the court, the opposing counsel, and other parties. They will assess insurance policies, compute damages, and obtain witness testimony.
Having a knowledgeable attorney on your side is frequently required because personal injury lawsuits can start out simple and grow more complicated as the investigation progresses. Insurance firms have an incentive to resolve claims as quickly and inexpensively as feasible. An insurance settlement offer might not be enough to adequately compensate victims for their injuries.
Whether through settlement or litigation, a personal injury attorney will deal with the insurance companies and fight for full compensation. Self-handling a personal injury claim can be challenging, and if done incorrectly, it could lead to a smaller settlement, a longer claims process, or even no compensation at all. Employing a skilled personal injury lawyer can help you reduce stress and obtain the compensation you are entitled to.
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What Is a Personal Injury Claim?
Numerous different sorts of accidents are usually associated with the legal concepts of “personal injury” and “negligence.” Despite the fact that the terms are frequently used, personal injury claims are frequently misinterpreted. It is not sufficient to have been hurt in order to bring a personal injury claim.
In order to establish a strong case for personal injury, the injured party must be able to demonstrate both culpability and damages. A significant portion of all civil claims falls within the purview of personal injury law, which covers everything from slip-and-fall incidents to car accidents to medical malpractice and wrongful death litigation. Other legal claims in this area include those involving products, intentional torts (such as assault or battery ), and workers’ compensation.
The majority of laws governing accidents and injuries are based on common law. Therefore they are generally comparable from state to state. Where states typically differ on personal injury law is for the type of fault assigned and the statute of limitations.
Tennessee Personal Injury Laws
The “statute of limitations” in Tennessee establishes a deadline for bringing a claim in the state’s courts following an accident or injury. The statute of limitations in Tennessee gives you one year from the date of the accident to file any case. It’s critical to be aware of and adhere to Tennessee’s statute of limitations because if a lawsuit is not filed within a year, the court might not even consider the case.
Additionally, Tennessee has a comparative (or shared) fault for personal injury cases. More specifically, Tennessee employs the modified comparative negligence system. In this system, someone who contributed less than 50% to the collision may nevertheless receive partial compensation from another party.
This system is subject to several restrictions. A claimant cannot receive damages if he is deemed to be more than 50% at fault. The final fault percentage is calculated and used to determine settlements.
The percentage of fault is directly correlated to the percentage of the award. This means that if a person is 40% at fault, they can only collect for the 60% that the other party is at fault.
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What Else Do You Need to Know About Personal Injury Claim?
Simply defined, a personal injury claim is made when someone is harmed and has the legal right to recover something that has been unlawfully taken from them. A tort is a legal term that refers to an unlawful act, and all personal injury cases are tort cases. Unlike criminal cases, tort cases are brought by private parties.
In contrast to property rights injuries, personal injuries include any sort of harm to a person’s body, emotions, or reputation. Three main legal theories can be used to support personal injury claims:
- Intentional Wrongdoings
- Strict Liability
Negligence is the most frequent reason for personal injury claims. The failure to act with the same degree of caution that someone of ordinary prudence would have used in the identical circumstance gives rise to liability under the law of negligence.
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How Do You Prove Negligence in a Personal Injury Claim?
A lawyer’s main job in a personal injury case will likely be to establish negligence. Negligence requires that all four prongs be proven. The four elements of negligence are duty, breach, proximate cause, and damages.
Duty of Care
Each case is unique and calls for the demonstration of several elements. Personal injury attorneys are knowledgeable in the forms of proof needed to support your claim. Each aspect of negligence must be proven using some sort of case-related evidence.
The element that is typically the simplest to establish (apart from injury) is that the defendant owed the plaintiff a duty of care. If a relationship of any kind was created, an obligation would probably be owed (drivers to other drivers, boss to employee, caretakers to child or elder, etc.).
If a person did not adhere to that duty, then the duty was breached, which established the second requirement for negligence.
Next, proximate cause is typically shown through injury. Proximate cause is when a person’s breach of their duty caused a victim harm.
Finally, proving damages is the final element. An injury goes hand in hand with this. If you can demonstrate the injury, it is likely that some type of compensation is needed to make the victim whole again.
Contact the Personal Injury Attorneys at Gatti, Keltner, Bienvenu & Montesi, PLC
Since 1970, the personal injury attorneys at Gatti, Keltner, Bienvenu & Montesi, PLC have aided hundreds of clients in obtaining compensation. To learn how we can assist you, schedule a free appointment with one of our lawyers. We work to get you every dollar you deserve. Contact us today to discuss your case.