Personal injury lawsuits involve seeking compensation for injuries you receive from someone else’s negligence or intentional actions. They cover a wide range of accidents and types of neglect. Personal injury claims even cover injuries you suffer due to robbery or assault and are separate from whatever criminal charges the person faces.
When you or a loved one is hurt and needs justice for your wounds and trauma in Oakville, Tennessee, turn to the personal injury lawyers of Gatti, Keltner, Bienvenu & Montesi PLC. We offer a free consultation to understand your case and guide you through the complex legal process.
Types of Personal Injury Cases
When you are injured at your job, worker’s compensation is used to pay for your bills and expenses. If someone harms you nearly anywhere else, you must rely on a personal injury claim to recover compensation. While many people have insurance that will pay their medical costs, that coverage does not make up for the emotional toll an accident can bring.
There are many situations where a personal injury award or settlement can significantly enhance an insurance payout. We specialize in working with victims of many kinds of accidents, such as:
- Bus Accidents
- Drunk driving Accident
- Car Accidents
- Motorcycle Accidents
- Construction Accidents
- Truck Accidents
- Pedestrian Accidents
- Catastrophic injury
- Nursing home abuse
In each of these circumstances, your Oakville personal injury lawyer helps you gather evidence to prove liability against the responsible parties. They calculate the total cost of damages to seek and work with insurance companies on your behalf. Your lawyer also negotiates with opposing counsel to determine the best approach to your case.
Another type of personal injury case involves two kinds of liability: product and premises. If a product is defectively made or marketed and causes injury, you can file a suit against the manufacturer for restitution. Likewise, if a property owner fails to maintain their duty of care to keep their premises safe, they are liable for injuries a person receives while on the property. This includes stores, homes, and event spaces.
Product and premises liability claims can be especially complex and require the help of an experienced personal injury attorney. While most of these involve pursuing medical costs and other damages, any of them can easily cause fatalities, which requires a wrongful death lawsuit. This type of case seeks more than just the costs of having been injured; it looks to financially compensate the victim’s family so they can cope with the loss, pay the funeral expenses, and face a future without their loved one.
When the deceased is the family breadwinner, this can ensure the survivors’ lives are comfortable in their grief.
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Determining Who Is Responsible
In the case of a two-car accident where the other driver swerves into your lane and causes you to wreck, it may seem the responsible party is the second driver. However, they may have changed lanes to avoid road debris or a large truck drifting into their lane. Regardless of how simple a case may appear, there is always the possibility of finding other parties who are at fault.
A skilled personal injury lawyer in Oakville will examine and investigate your case to determine exactly who is responsible. They can petition for evidence, review official reports, file motions to view building records, and many other actions that a victim may not have time or skill to perform. These services are meant to ensure their clients receive the maximum compensation for their injuries.
Your attorney relies on evidence such as:
- Videos from traffic and dashboard cameras
- Police reports
- Medical records
- Hospital and doctor reports
- Witness statements
- Experts in various fields
- Driving history of car or truck drivers
- Cell phone records
- Property owner maintenance and cleaning records
- Employee histories
These types of evidence build a better picture of the accident and who is to blame. This can allow you to include other parties in your lawsuit, such as trucking or bus companies, product manufacturers, maintenance companies, and government entities. When you suffer severe injuries from another person’s negligence, you could face a lifetime of medical bills.
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Damages from Personal Injury Claims
Damages are defined as the costs you suffer as a result of your injuries. These can be actual physical injuries, but it also includes damage to your earning potential or mental health. Keeping a record of economic costs, such as doctor bills and out-of-pocket expenses, is valuable to your claim.
You can also keep a pain journal that records how you feel physically and mentally, which helps your lawyer calculate non-economic costs.
Economic damages are items such as:
- Lost wages or income potential
- Bills for the ER, ICU, doctor visits, hospital stays, and surgery
- Travel costs for treatment
- Home renovations for long-term disabilities
- Home maintenance costs (lawn care, housekeeping services, etc.)
- Home health care expenses
- Other out-of-pocket costs
The non-economic damages cover less tangible things, such as:
- Pain and suffering (mental and physical)
- Loss of companionship
- Scarring or disfigurement
- Loss of enjoyment of life
- Mental anguish
- Humilation or isolation
- Loss of consortium
A personal injury suit usually seeks the full amount of economic losses already experienced and those that are expected in the future. No matter the total amount, you will likely receive all economic damages if you win. In Tennessee, non-economic damages are limited to a maximum of $750,000 regardless of how many defendants there are.
The exception is if the accident caused catastrophic injury or death, in which case the cap is $1 million.
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When the Victim Is Partly at Fault
In some situations, the victim contributes to the accident. Tennessee uses the modified comparative fault system, which means if you are 50% or more at fault for the accident, you receive no damages. A lower percentage reduces your damages by that amount.
For example, if you are found 20% liable, your award or settlement is reduced by 20%. This also applies in product or premises liability claims if you failed to use a product safely or were in a part of the property where you should not have been.
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Statutes of Limitations for Personal Injury Claims
Tennessee’s statute of limitations for filing personal injury claims is very short compared to most states: one year from the date of the accident. In cases where the defendant is facing criminal charges for their actions, you could qualify for an extension of up to two years while you wait for their criminal trial to finish.
There are other exceptions to the statute, and your personal injury attorney can assist you with understanding them. Gathering evidence and building a case takes more time than most people realize, so it is best to begin working with a lawyer quickly.
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Hire an Experienced Oakville TN Personal Injury Attorney Today
When you or a loved one has suffered an accident, your need guidance to understand what to do next. Our offices can connect you with a personal injury attorney in Oakville, Tennessee, who will help you seek justice and restitution for your misfortune. The expert legal team of Gatti, Keltner, Bienvenu & Montesi PLC will work tirelessly to ensure you receive fair compensation.
Contact us today for a free consultation.