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Tennessee Personal Injury Laws


Posted by Becca

The Tennessee personal injury laws are set in place to help those who have suffered injuries as the result of a careless individual.  If you are in this situation, you can use the laws to help you know what to expect throughout the course of your case which will hopefully help your case go as smoothly and quickly as possible.

The Tennessee personal injury laws give only one year to file a claim so that means you’ll want to start working on your case as soon as possible.  The first thing you need to do is gather the names and contact information for everyone involved in the incident that caused your injury (including witnesses).  Then, you’ll want to make a record of your account of the incident including as many details as possible.  From there, you might want to enlist the help of a personal injury lawyer to help guide you through the rest of the process.

When you choose to file a personal injury suit, the Tennessee personal injury laws will require you to prove a few things.  If your injury was caused by another person, you’ll need to prove that this person was negligent and that this negligence caused your injury.  You can prove negligence by showing that the person failed to use reasonable care to ensure your safety.  If your injury was caused by a faulty product, the laws require that you prove that the product was defective and that the defect caused your injury.  You’ll also need to show that you used the product in the manner it was intended to be used.  Additionally, in either situation you’ll need to show a link between your injury and the damages you’re requesting.

If, throughout the course of your case, you’re found to be responsible for a percentage of fault in the incident, the Tennessee personal injury laws follow what is called modified comparative negligence.  This means that if you are responsible for 50% or more of the fault, you’ll be barred from recovering any damages.  If your fault is less than 50% then your recoverable damages will be reduced in proportion to your percentage of fault.

In cases where there is more than one defendant, the Tennessee personal injury laws hold each defendant liable to you only for the portion of damages corresponding to their percentage of fault.

The Tennessee personal injury laws allow you to request damages to cover medical expenses, lost wages, replacement or repair of damaged property, pain and suffering and any other expenses directly related to your injury.

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