Personal Injury
No one plans to be injured in an accident. Certainly, no one plans to file a lawsuit. However, personal injury is serious business. If you have been injured in an accident caused by another’s carelessness, you have rights. There are laws that exist to protect victims from the negligent actions of individuals and organizations alike. The information below answers the most commonly asked questions about personal injury accidents.
- What is a personal injury case?
- What compensation can I receive for my personal injuries?
- How long does it take to settle a personal injury lawsuit?
- How long after the accident do I have to file a case?
What is a personal injury case?
If one is injured because of the action or inaction of another individual or organization it is considered a personal injury. A personal injury is qualified by circumstances. Some of the more frequently cited issues within personal injury lawsuits include:
- Negligence; defined as the failure to exercise the care that a reasonably prudent person would exercise in like circumstances.
- Poor design
- Manufacturer’s defect
- Slip and fall or other premise hazard injuries
- Food poisoning
- Reckless conduct resulting in injury
The above is not a complete list. There are many other reasons that personal injury cases are filed. A personal injury case is usually filed after the catastrophic event which caused the victim’s injury. Events such as these are common:
- Automobile accidents
- Medical malpractice
- Nursing home abuse
- Drug recalls
- Dog bites
- Defective product injuries
The two facets to any personal injury case are damages and liability. Damages refer to the seriousness of the loss or injury. Liability involves proving that the defendant is indeed responsible for the injuries caused. These two components are key in determining the outcome of the case.
What compensation can I receive for my personal injuries?
If it is proven that the defendant is liable for the accident, damages will be awarded. Damages will be calculated based on the serious extent of the injury and may include:
- Physical, mental or emotional pain and suffering
- Mental or physical disability
- Loss of wages or profits
- Medical expenses resulting from the injury
- Personal expenses resulting from the injury
- Property damage
Compensation is intended to make up for what the victim has lost. In some cases, punitive damages are also awarded. This is rare, as the plaintiff must prove that the defendant knowingly caused the conditions which resulted in the accident. Punitive damages are a form of punishment for the defendant.
How long does it take to settle a personal injury lawsuit?
A personal injury case can take from one to two years or sometimes more to receive a judgment once the case is filed. It is important to know that every case is different. Some cases may take less time if the case is settled out of court.
An out of court settlement is the process by which both parties prepare and come up with a settlement. The settlement is then agreed upon by both the plaintiff and the defendant to close the case quickly. An insurance company is usually involved with an out of court settlement. It can be tempting to accept an out of court settlement. However, one must be sure that the compensation is adequate for the damages caused. Most any reputable attorney will advise their clients to be patient to ensure success.
How long after the accident do I have to file a case?
In the state of Tennessee, the statute of limitations is one year for personal injury claims. This indicates that one must file a personal injury claim within one year from the date that the accident occurs. However, it is a good idea to consult an attorney as soon as possible. If you are in need of an experienced personal injury attorney, contact us at Sanders Law.
