If you or a loved one has been injured due to the negligence of another party, you need to consult with a personal injury lawyer in Knoxville as soon as possible. This is because the state of Tennessee has a strict statute of limitations in personal injury claims, which means that if you fail to file a claim within one year after your accident, you will forfeit your rights to pursue monetary compensation.
Injuries that are not only physical but also emotionally damaging and life-changing can be difficult to cope with. Getting adequate financial compensation can help you with the medical expenses, lost wages, and other losses you have experienced as a result of your injuries.
The legal process for a personal injury case begins with gathering evidence. This includes investigating the scene of the accident, speaking to witnesses and taking sworn statements. Often, an attorney will hire experts to assist in the investigation and preparing for trial.
There are many different types of personal injury cases, including those involving accidents, medical malpractice, wrongful death and business torts such as breach of contract or securities fraud. Each type of injury requires a different approach to prove liability and damages.
Proving Negligence
First, your attorney will have to prove that the defendant owed you a duty of care, that they breached this duty and that their actions directly caused your injuries. In most cases, this is based on the specific nature of your injury, but it may also be based on a combination of factors.
Examples of breached duties in a car accident include distracted driving, texting or drunk driving. Then, your Knoxville personal injury lawyer will have to prove that the defendant’s negligence caused the crash and the injuries you sustained.
Modified Comparative Fault Method
Fortunately, Knoxville follows a modified comparative fault system, which allows you to recover compensation even if you are found partially at fault for the accident. However, it is a complex legal system that can be intimidating to the uninitiated, and it is important to consult with an experienced personal injury attorney in Knoxville before filing your claim.
A good personal injury lawyer will know all of the nuances of this complicated law, and they will make sure that you are receiving all of the compensation that you deserve. They will ensure that your claim is fully documented and that all liable parties are identified so that you can get the maximum amount of compensation for your injuries.
Punitive Damages
When a defendant is found to be a particularly bad actor, the court can award you punitive damages. These are typically awarded as part of a settlement or trial and can be substantial in value, but not all victims qualify for them.
The purpose of punitive damages is to punish the guilty party and prevent future similar incidents of negligent behavior by others. This can be especially beneficial if the perpetrator is a company or a large corporation that has been involved in multiple lawsuits.