Whether it's after a car accident or a slip-and-fall incident in Tennessee, most injured victims often fail to follow the rules and personal injury laws when filing a claim or lawsuit, resulting in a denial or a lower payout. While the legal process may seem simple, it's much more challenging, requiring an understanding of specific procedures and guidelines.
Schuerger Shunnarah Trial Attorneys is a leading personal injury law firm in Tennessee, dedicated to fighting against greedy insurance companies and successfully recovering more than $1 billion in damages for our clients. We file claims and lawsuits every day and have the expertise to navigate the complex legal waters, increasing the victim's prospects of recovering fair compensation as well as expertise in how to file a lawsuit for construction accident in TN.
Those who have suffered injuries in Tennessee due to another's negligence should call us to discuss their personal injury case and learn more about their legal options.
How to File a Lawsuit for Personal Injury in TN
While there are many stages involved in filing a personal injury claim or lawsuit in Tennessee, here are the key steps that injured victims should take:
Step 1: Hire an Experienced Personal Injury Lawyer
Competent plaintiffs in Tennessee can bring civil action without the help of a personal injury attorney. However, the justice system will hold them to the same standards that apply to lawyers. This means that they must navigate the complex laws and adhere to the legal rules to have a greater chance of making a financial recovery.
During the initial consultation, the attorney will discuss the case with the injured victim and evaluate the facts surrounding the personal injury claim or lawsuit. This will give the client an opportunity to understand their situation and their legal options.
A key thing to remember is that most attorneys take personal injury cases on a contingency fee basis. Instead of charging legal fees, the law firm takes a certain percentage of the client's settlement amount if it successfully fights the lawsuit.
Schuerger Shunnarah Trial Attorneys have extensive experience handling personal injury cases. They have a deep understanding of the state laws and can help victims avoid the pitfalls of filing a claim or lawsuit. They can also advise on how to file a lawsuit for slip and fall in TN.
Step 2: Establish Legal Standing
An injured victim must establish legal standing when pursuing a personal injury case. Tennessee law requires affected parties to prove the following key elements of a lawsuit if they wish to seek compensation:
Duty: To file a personal injury claim or lawsuit, the injured victim must prove that the defendant had a duty of care. This refers to an individual's legal responsibility. For example, the law expects drivers to follow traffic rules and regulations to avoid accidents and ensure the safety of other road users.
Breach: It's not enough to establish that the defendant had a duty of care to have a valid personal injury lawsuit or claim. Plaintiffs must also prove that the at-fault party breached their legal responsibility to them. For example, an injured victim can submit phone call records to show that the other driver was not paying attention to the road.
Causation: While establishing duty and breach are of the utmost importance, causation is equally essential. A personal injury lawsuit cannot proceed forward if there is no link between the plaintiff's injuries and the defendant's negligence. For example, medical records could prove that a person's broken bones are a result of a recent car crash.
Damages: If the injured victim wishes to file a personal injury lawsuit, the injury must be redressable. The formal complaint must include a dollar amount of the total damages incurred.
Establishing these four elements of a personal injury lawsuit without legal help can be challenging. It could also lead to mistakes, or the injured victim may fail to submit substantial evidence to prove causation, which can result in a case dismissal.
The affected parties in Tennessee must work with an experienced personal injury attorney. They can investigate the incident and gather evidence to establish liability and damages following an accident.
Step 3: File the Personal Injury Lawsuit
Personal injury lawsuits in Tennessee are typically filed in trial courts, which include circuit and chancery courts. While there is very little difference between the two, an experienced attorney will be better able to guide the injured victim on the best option.
Tennessee also has small claims courts, which are much more informal than the two types of trial courts. Here, the judge hears and decides personal injury lawsuits involving disputes of $25,000 or less. Plaintiffs can expect quicker results and file the suit themselves without the need for an attorney.
The affected party must also determine the proper "venue." In most personal injury cases, the injured victims can file a suit in the county where the accident occurred or where the defendant lives.
To successfully file a personal injury lawsuit, the affected party must identify the right court and judicial district. If they fail to do so, the defendant can file a motion to dismiss, which can further prolong the legal process.
An experienced attorney can help overcome all of these hurdles and ensure proper suit filing, increasing the victim's chances of obtaining compensation.
Step 4: Wait for the Defendant's Response
After properly submitting the personal injury claim or lawsuit, the injured party and their attorney must wait for the defense counsel to respond. The response may vary depending on the type of action pursued.
In case of a legal demand, the defendant and their insurance company may settle the case or refuse to payout. If that happens, the injured victim can take matters to the court.
On the other hand, if the affected party files a lawsuit, they must wait for the defense counsel to either pay up or fight the claims at trial. During this legal process, especially the discovery phase, both sides will have an opportunity to resolve their differences and make a settlement. If not, the judge or jury will have to decide the verdict.
In case of a successful personal injury lawsuit, the defendant has the right to file an appeal, which could prolong the legal process. For more information, a personal injury law firm in Nashville may be able to help.
Is There a Difference Between Personal Injury Claims and Lawsuits?
A personal injury claim refers to a legal demand addressed to the defendant and their insurance company seeking damages caused by the at-fault party's negligence. It includes the details of the traumatic incident, supporting evidence, and the amount demanded to cover the medical bills, lost wages, and other types of losses incurred.
On the other hand, a personal injury lawsuit refers to a legal action brought in court to recover compensation. There is a proper process that the injured victim must follow if they wish to proceed to trial.
While going to court can be time-consuming and expensive, it can lead to significant awards, much greater than what the plaintiff would've gotten if they settled the case.
However, the outcome can go both ways, and there is a risk of losing the suit. If that happens, the affected party may be unable to recover compensation.
It's crucial for the injured victim to discuss their legal options with their personal injury attorney to help determine the best way forward. This depends on the facts surrounding the case and the effort the affected party and their lawyer are willing to put in.
For example, it may be in the best interest of the injured victim to settle a case involving broken bones from a motor vehicle accident. However, they may want to pursue matters in court if they've suffered spinal cord injuries due to gross negligence.
Schuerger Shunnarah Trial Attorneys Are Ready to Go to War for the Victims in Tennessee!
Those who have suffered injuries due to another's negligence in Nashville, Tennessee, must call us to schedule a free consultation with our experienced personal injury attorneys. We understand the urgency of seeking financial compensation after an accident and are here to deliver swift justice!