If you’ve been injured in an accident, you may be wondering what to expect from your personal injury case. In Tennessee, personal injury cases can be complex. Here are a few things you should know as you navigate the process. And, as always, Tennessee Accident Law is here to assist you in your case should you require it.
First and foremost, it’s important to understand that each case is unique. The circumstances surrounding your accident, the severity of your injuries, and the laws in Tennessee will all play a role in determining the outcome of your case. That being said, there are a few general things you can expect when pursuing a personal injury claim in Tennessee.
An Overview of the Personal Injury Case Process in Tennessee
After being injured in an accident, you may be wondering what to expect from your personal injury case if you have hired an attorney in Tennessee.
First, your attorney will likely send a demand letter to the at-fault party’s insurance company. This letter will state your case and what you are seeking in terms of compensation. The insurance company will then have a certain amount of time to respond to this letter.
If the insurance company denies your claim or does not offer a fair settlement, your attorney may file a personal injury lawsuit on your behalf. Once the lawsuit is filed, there will be a period of “discovery” during which both sides will exchange information and gather evidence. Your attorney may also depose (i.e., the question under oath) witnesses during this phase.
After discovery is complete, both sides will submit pretrial motions. These motions may seek to exclude certain evidence or witnesses from the trial. If the Judge grants these motions, they can have a significant effect on the outcome of the case.
If the case does not settle during pretrial motion practice, it will go to trial. During the trial, each side will present its evidence and argument to a jury, who will ultimately decide who should prevail in the case.
Components of Your Personal Injury Case
Pain and Suffering Damages
In Tennessee, you may be able to recover damages for the pain and suffering you’ve endured as a result of your accident. To do this, you will need to prove that your injuries were caused by someone else’s negligence or intentional wrongdoing. You will also need to show how your injuries have impacted your life. For example, if your injuries have prevented you from working or enjoying hobbies you once enjoyed, you may be able to recover damages for lost earnings and loss of enjoyment of life.
Medical Bills and Other Expenses
If you’ve been injured in an accident, chances are you’ve incurred some significant medical bills. In Tennessee, you may be able to recover compensation for these expenses, as well as any future medical bills related to your injuries. You may also be able to recover compensation for other out-of-pocket expenses related to your accident, such as property damage or lost wages.
In some cases, the court may award punitive damages in addition to compensatory damages. Punitive damages are designed to punish the wrongdoer for particularly egregious behavior and deter others from engaging in similar conduct. For punitive damages to be awarded in a personal injury case, the defendant’s actions must have been intentional or so reckless that they showed an utter disregard for the safety of others.
Every personal injury case is different, but there are a few general things you can expect if you’ve been injured in an accident in Tennessee. You may be able to recover damages for pain and suffering, medical bills, and other expenses related to your accident, and in some cases punitive damages as well. An experienced personal injury attorney with Tennessee Accident Law can help you understand what specific compensation may be available in your case and guide you through the process of pursuing a claim.