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?

 

Car/18-Wheeler Accidents

What should I do if I’ve been involved in a car accident?
Should I give the insurance companies a statement?
Should I sign a medical release form for the insurance companies?
What information should I get from the other driver?
What damages can the injured party or the family of a fatally injured victim recover?
Why shouldn’t I face the trucking company and its insurer alone?

 

Medical Malpractice

What is medical malpractice?
Do I need my medical records?
What kind of settlement can I expect if I win?

 

Nursing Home Negligence

What constitutes nursing home negligence?
What are the signs of nursing home abuse?
What information will be helpful for my nursing home negligence claim?

 

Workers’ Compensation

What is workers’ compensation?
What do you do if you have a work related injury?

 

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PERSONAL INJURY

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.

 

CAR/18-WHEELER ACCIDENTS

What should I do if I’ve been involved in a car accident?
First, it is important to stay calm.  If anyone has been hurt, call 911 and wait for help to arrive.  Normally, the police
should be notified.  It is also important to report the car accident to your insurance company as soon as possible.
Although you will be upset, it is important to be aware of the situation.  Try to note the condition of all vehicles involved.
If possible, take pictures and notes to document the accident.

Should I give the insurance companies a statement?
Insurance companies will ask you for a statement to describe your injuries, the scene of the accident, and the other
driver, among other things.  It is important to consult a personal injury attorney before giving this statement;
as many insurance companies will use it against you when it is time for them to compensate you for your injuries
and damages.

Should I sign a medical release form for the insurance companies?
When a medical release form is signed, this entitles the insurance companies to gain access to all previous medical
records, not just records related to the collision in question. The Sanders Firm will make sure that the insurance
companies have all the medical information they need to give you adequate compensation; so signing a medical
release form from an insurance company is not necessary.

What information should I get from the other driver?
You should get the other driver’s name, address, phone number, and most importantly insurance information.

What damages can the injured party or the family of a fatally injured victim recover?
In Tennessee, lost income, medical bills, pain and suffering, and car repair costs are the most common damages
victims of truck accidents seek compensation for.  In the case that someone is fatally injured, Tennessee statutes
provide the specific damages that can be recovered.

Why shouldn’t I face the trucking company and its insurer alone?
Trucking companies, their insurers, and their lawyers will often attempt to offer a quick settlement outside of court
to victims who have not yet found legal representation.  They do so in order to avoid an official admission of blame
and the possibility of being forced to pay a large judgment after a trial. The trucking company and its insurer will
have their own team of experts that will be ready to investigate the scene of the car accident immediately after it occurs.
They may then use any information they gain from this investigation, in combination with their legal expertise,
to convince a victim without legal representation to take an unfair and insufficient settlement.

 

MEDICAL MALPRACTICE

What is medical malpractice?
Medical malpractice is a broad term that refers to injury or harm to a patient directly caused by the negligence of a
medical provider.  Negligence includes poor decision-making, carelessness, misrepresentation of training, and other
acts that deviate from the standard of medical care.  It is important that you consult The Sanders firm as soon as
possible; as certain notice requirements, statute of limitations, and statutes of repose may apply to your case.

Do I need my medical records?
Yes.  It is imperative that the patient obtain a copy of his or her medical records from the medical care provider.
Patients have a legal right to do so.  Although your attorney can obtain the records for the patient, it is better that the
patient do it on his or her own.  An attorney’s request may signal to the medical care provider that a medical
malpractice claim is being made.

What kind of settlement can I expect if I win?
Every case is unique, and there is no standard amount of money you can receive in a medical malpractice settlement.
The nature of the negligent act, the circumstances surrounding it, and the extent of the resultant injury are all factors
that help determine the amount of your settlement.

 

NURSING HOME NEGLIGENCE

What constitutes nursing home negligence?
Although the exact definition may vary between states, nursing home negligence can generally be defined as the
failure to provide any nursing home resident with the services they need for health and safety.  For many nursing
home residents, this can include shelter, food, drink, medical care, sanitary conditions, and other needed provisions.

What are the signs of nursing home abuse?
The following situations warrant further investigation:

• Unexplained bruises, cuts, burns, sprains, or fractures
• Bed sores
• Staff refusing to allow visitors to see resident or delays in allowing visitors to see resident
• Sudden changes in behavior

What information will be helpful for my nursing home negligence claim?
If you are filing a nursing home negligence claim, it is a good idea to write down or document various pieces
of information.  This can only help your nursing home negligence claim as well as be of great value to your nursing
home negligence lawyer.  Some of the items you should document include:

• Your relationship to the nursing home resident
• Time and date of the nursing home negligence incident(s)
• Contact information for you and the nursing home resident
• Names and contact information of nursing home staff
• Names of nursing home staff who are involved in the nursing home abuse
• List of resulting injuries
• Medical records prior to and after the nursing home negligence
• Reasons for resident needing the care of the nursing home

 

WORKERS’ COMPENSATION

What is workers’ compensation?
To take the uncertainty out of the circumstances following a work-related injury or industrial illness, the workers’
compensation system provides a reliable procedure for resolving resulting problems.  Broadly, if the injury occurs in
the course of employment, regardless of whether the employer was negligent or otherwise at fault, the worker receives
benefits that may include wage replacement, medical coverage, vocational rehabilitation, or other assistance.
Most employers are subject to the workers’ compensation system, but some states exempt small employers, and most
federal workers; and certain national industries are covered instead by comparable federal programs. 

What do you do if you have a work related injury?
Notify your employer of when, where, and how you injured yourself. Make sure you get a copy of the papers filled out
by the employer and let them know if there is any mistake. Make sure the doctor knows exactly what is happening to you.
Don’t just say "fine" or "a little better". Give the doctor specifics.