What are the basics of a personal injury lawsuit?

On Behalf of | Jan 17, 2019 | Firm News, personal injury

Many of our readers in Tennessee know that the classic “slip and fall” case could lead to a lawsuit. But, there are many more situations that could lead to litigation in civil court. Sadly enough, people are injured in our state every day, and not just in slip and fall incidents. Some people are injured in car accidents, while others might be injured due to medical malpractice or even a dog bite. So, what are the basics of a personal injury lawsuit that our readers in Tennessee need to know?

Well, for starters, there is the basic premise of any personal injury lawsuit: a person was injured in some way, and the injury was due to the conduct of another party, be it negligent, reckless or willful. So, for example, in the typical car accident case, if a person is rear-ended by another driver in traffic, establishing fault for the accident may be fairly easy. The driver who caused the car accident may have been distracted by a cellphone, under the influence of alcohol or simply failing to give the task of driving a car the appropriate level of attention. Such a driver could face a personal injury lawsuit for injuries suffered by the driver who was rear-ended.

One of the most crucial elements of a personal injury claim for our readers to remember is that there may be time limits for when the lawsuit must be filed. Failure to file the lawsuit within the timeframe allowed by law may leave the injured victim unable to pursue the claim.

Lastly, many personal injury lawsuits are resolved through settlement negotiations. Very few make it all the way to a trial in court. However, Tennessee residents will want to know their legal rights as they enter settlement negotiations, so that they do not take an offer that is less than what they should get.

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