Personal Injury Law in Memphis, TN

Were you hurt due to another’s negligence in Memphis? If so, it may have far-reaching consequences such as a loss of wages or extensive medical treatment. Personal injury law allows an injured person to get damages if the responsible person acted recklessly. A personal injury attorney in Memphis, TN can help navigate the lawsuit to make sure you receive all of the compensation you deserve.

What Is Personal Injury Law?

Personal injury law in Memphis relates to the legal process of getting compensation for an injury caused by someone else’s negligent behavior. These cases involve one party, the plaintiff, trying to seek financial compensation for expenses incurred and money lost as a result of the defendant’s reckless behavior. These cases involve both parties’ insurance companies and may even settle before proceeding to litigation.

Examples of Personal Injury Claims in Memphis, TN

Some personal injury claims are more common than others. However, almost any incident that ends with a physical or mental injury could qualify, depending on the circumstances.

A few of the most common personal injury claims are:

  • Car Accidents
  • Slip and Fall
  • Dog Bites
  • Medical Malpractice
  • Workplace Accidents
  • Burn Injuries

Most Common Injuries in Memphis 

Memphis stats are consistent with state findings that accidents (unintentional injuries) are the fourth leading cause of death. However, among Tennesseans aged 1 – 44 accidents are the leading cause of death. The top two causes of emergency room visits in Tennessee are falls and motor vehicle accidents, while falls continue to be the major cause of hospitalization.

Steps in a Personal Injury Lawsuit in Memphis, TN

Once you determine that you wish to proceed forward with a personal injury action in Tennessee

A lawsuit begins when a complaint is filed with the court and served on the defendant. The complaint alleges your assertion as the plaintiff that the defendant’s negligent behavior resulted in damage to your body or mental state. As the process proceeds forward, you may have to go through depositions, independent medical evaluations and document production. This discovery process is lengthy and ends in either settlement or a court appearance.

After consulting with your attorney in a Memphis personal injury case, the first step is to file both a complaint and a summons with the Shelby County Circuit Court. Throughout the discovery process, your lawyer may consult with accident reconstruction and medical experts, as well as file a motion for summary judgement to argue for immediate relief.

Tennessee Personal Injury Settlement

With most personal injury cases, insurance companies and injured parties prefer settlement negotiations rather than going to court for a trial. You may wonder how much you should seek in your settlement and factors that impact the final amount.

The US Department of Justice reported that the vast majority of cases disposed are auto torts, or car accident suits. Moreover, the Tennessee Judiciary Report disclosed that only 4.3% of all personal injury cases were disposed of by trial, and roughly only a third were awarded damages of, on average, $146,000.  Most Memphis personal injury cases settle outside of court, and settlements can vary, depending on factors such as pain and suffering.

If the other party has insurance, the insurance company likely wants to settle out of court to avoid leaving the final settlement decision to a jury. Settlements benefit injured parties as much as they do insurance companies. This is because accepting a settlement means you receive compensation sooner rather than later. Also, by going to court in TN, that means you risk not receiving any compensation at all.

Damage Awards in Tennessee

If your Tennessee personal injury lawsuit goes before a judge or jury, your legal team will be ready with a request for damages. In personal injury cases, there are three types of damage awards a court may order the defendant to pay. In order to compensate you for the damage he or she inflicted.

Special compensatory damages reimburse you for things such as lost income, medical bills and insurance deductibles. You submit receipts proving these losses.

General compensatory damages are subjective. If you receive special compensatory damages, you may also collect general damages. If your injury was particularly painful, you might request that the judge order the defendant compensate you for the pain and anguish.

Punitive damages are the most rarely awarded and are up to the court. The judge or jury may determine that the defendant’s negligence was particularly heinous and the resulting injury to you was equally horrific. 

In Tennessee, the damage cap in the vast majority of personal injury cases is $750,000. A $1,000,000 cap is reserved for extreme cases of personal injury, such as paralysis due to spinal cord injury.

Statute of Limitations in Memphis, TN Personal Injury Law?

The injured party may have a set amount of time to file suit for a personal injury case. State law establishes statutes of limitation. Commonly, the plaintiff’s injury or discovery of the injury begins the statute of limitations. However, the latter factor is trickier, as the plaintiff will have to prove when the injury was first realized.

The statute of limitations for a personal injury suit in Tennessee is one year. If you live in Memphis, this means you only have one year from the date of your injury to file any relevant suit.

We recommend you speak with a personal injury lawyer for this matter. Don’t wait too long and miss out on receiving the compensation you deserve for your injury. 

Work With an Experienced Memphis, TN Lawyer

Pursue a personal injury claim in Memphis against the responsible person if you are dealing with an injury caused by someone else. One of our experienced lawyers can help you navigate your personal injury claim. We can even help you connect with an attorney across Tennessee state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

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