If you or someone you love has been injured in an accident, our professional legal staff can take your call 24 hours a day, seven days a week. Dial 615-244-4325 or fill out a free initial consultation form, today.
How Long Do I Have to File a Personal Injury Lawsuit?
The statute of limitations for personal injury claims in the state of Tennessee is one year, starting from the day of the injury.
A year may seem like a long time, but it is actually one of the shortest time frames to file a suit in the nation. Not all injuries are apparent immediately, but the clock starts counting down right away. If you determine you need to file a lawsuit to get the compensation you need to pay your medical expenses after an accident, all the appropriate paperwork must be completed before the one-year deadline or your case will be thrown out.
The exception to the rule is if the injury victim is under the age of 18. Minors have one year from their 18th birthday to file a lawsuit.
Don’t wait until your claim’s eligibility is in danger of expiring–contact the team at Ponce Law today to learn how to get started.
Proving Your Personal Injury Claim
In order for a personal injury claim to be successful in Tennessee, you must be able to prove:
- Legal Duty
You must prove that the defendant—or party believed to have contributed to causing your accident—had a responsibility to keep you out of harm’s way.
- Breach of Duty
Once you establish that a defendant has a legal duty to keep you safe, you must show this person failed to live up to that standard.
Evidence must be presented that shows a defendant’s breach of duty directly or indirectly caused your injuries.
To get compensation after an accident, you must prove you suffered financial or physical harm. In personal injury law, damages often include medical bills, lost wages, or pain and suffering.
Don’t put your rights to compensation at risk. Our Nashville personal injury lawyers are 100 percent committed to obtaining the best possible results for our clients, and we’re here to help.
Is Tennessee a Fault State, and What Does That Mean for My Case?
Every state handles liability differently, and Tennessee uses a modified comparative negligence system for personal injury cases.
This means if a jury determines you share partial fault for your injury, your compensation may be reduced. The damages awarded will be reduced by the percentage you were determined to be at fault. For example, a victim who wins $100,000 in damages, but was determined to be 20% at fault, will have their compensation reduced by $20,000, and only get $80,000.
If the victim is found to be at least 51% responsible, they can’t receive any damages.
Our attorneys will review your case and help prove that the other party was at fault to help you get maximum compensation for your injuries.
Does Tennessee Cap Damages?
The state of Tennessee does put an upper limit on how much compensation an injury victim can receive, but only for non-economic damages, such as pain and suffering experienced because of your injury, not for medical expenses or lost wages.
- Pain and suffering is capped at $750,000.
- For catastrophic loss (such as loss of limb), the cap is $1,000,000.
- No cap applies if the defendant/at-fault party acted intentionally, concealed or destroyed evidence, acted under the influence, or if the defendant’s actions resulted in a felony conviction.
How Much Does a Personal Injury Lawyer Cost?
Believe it or not, it costs nothing to hire a personal injury lawyer at Ponce Law. We believe no one who needs a lawyer should be denied one because of their economic situation, especially if they are already struggling with medical bills. That’s why all of our personal injury lawyers work on a contingency fee basis, which means they only get paid if you get paid. Your consultation is free, and you owe us nothing unless we win you money for your injury.
Legal Representation You Can Trust
Ponce Law is a local law firm with more than 25 years of experience helping injured victims in Tennessee. It’s our goal to ensure everyone’s voice gets heard by the legal system. That’s why we want to help you with your claim with no money down. Contact us today.