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How to Prove your Personal Injury Claim

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Senior patient broken arm in doctor office

If you have injuries that resulted from someone else’s negligence, you may have a personal injury claim. A lot of injury victims don’t know what to expect. If it is your first time going through the court process, you might feel overwhelmed. And your injury claim can become even harder when you are pressured by the insurance company. You need to consult a Tullahoma injury attorney to get legal advice on what your claim is worth. 

How to Know If you Have a Personal Injury Claim

To prove your injury claim, you must be able to prove the following elements:

  • Duty of care. You can bring a suit for negligence if the other party owes you a duty of care. Drivers owe a duty of care to other road users, retail property owners owe a duty of care to customers who enter their premises, and doctors owe a duty of care to their patients. Sometimes, there is more than one party that owes a duty of care to the victim. For instance, a car accident could be caused by multiple drivers. You must consult with an attorney about your case to make sure all possible parties are involved in your case.
  • Breach of the duty of care. Victims of accidents who sustained injuries and losses should be compensated by negligent individuals or companies. This is the reason drivers are required to carry liability insurance. But, negligence doesn’t just happen on the roads. It can take place in construction sites, nursing homes, and other facilities. 
  • Causation. Those who are found negligent should compensate injury victims for the losses they cause. In some instances, causation is obvious. However, with injuries, causation can be more complicated. This can happen when the victim has an underlying condition or was involved in two separate accidents that involve two separate drivers. Insurance companies might refuse to pay the victim’s medical bills. 
  • Damages. To get compensation, victims should prove that they suffered damages that resulted from the at-fault party’s negligence. This can include tangible losses such as medical bills and lost wages and intangible losses like pain and suffering

Tennessee’s Comparative Negligence System

Tennessee imposes the modified comparative negligence method on car accident cases, using the 50% rule. Thus, victims can still recover for injuries and damages if they are 49% or less at fault for their accident. A jury or judge will assign the victim a percentage of fault based on the facts of their case. The victim will get an appropriate monetary amount based on their percentage of fault.  

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