In the state of Tennessee, the courts cap damages recovered in personal injury litigation. Primarily, these limitations are applied to medical malpractice cases and tort-related concepts such as pain and suffering. This is to prevent excessive awards that could be deemed inappropriate based on the nature of the victim’s injuries. To reduce the window of opportunity for accident victims, the state has lowered its statute of limitation for personal injury claims to one year.
Concepts That Could Affect Your Case
Shared fault is the most common counterclaim used in personal injury litigation. This claim indicates that the victim was also at fault for the circumstances that lead to their injuries. For auto accidents, this could equate to speeding, reckless driving, or additional moving violations in which the victim is guilty. Any counterclaims are identifying the victim as a drunk driver must possess evidentiary support. An officer of the law must make this distinction at the scene of the accident.
With medical malpractice, shared fault is implied when the patient failed to follow the doctor’s instructions prior to the surgery. And, lastly, in worker’s compensation cases, the employer could claim that the employee was injured due to a failure to comply with safety guidelines such as wearing appropriate footwear. A Personal Injury Attorney Murfreesboro TN could identify applicable laws that could help the victim fight against these claims.
Filing an Appeal
All injury victims who weren’t awarded damages in their initial claim could appeal this decision. To file an appeal, the claimant must initiate their rights before the ninety-day statute of limitation expires. In these instances, the court may require additional evidence. If the civil case was connected to criminal proceedings, a conviction in the criminal case determinations could help the injury victim or their beneficiaries to acquire damages through the appeal.
In Tennessee, victims must comply with the personal injury laws identified by the court. They should never discuss their case with the defendant or their legal representation directly. This could hinder their case and allow the opposing party to acquire evidentiary support to discredit their claim. To file a claim successfully, you should contact a Personal Injury Attorney Murfreesboro TN through Law Office of Gritton & Gritton PLLC immediately.
