Experiencing an accident can be devastating. Between missed work and medical expenses, the bills can quickly begin to pile up. However, you may not be left to shoulder the financial responsibility on your own. Whether you were injured in a car accident or by the normal use of a defective product, you may be able to seek monetary compensation for your damages. Below, our blog discusses who may be eligible to file a personal injury insurance claim.
Who Was at Fault for Your Injuries?
One of the first steps in tackling a personal injury insurance claim is determining who was “at fault” for an accident. In the legal world, this is known as determining negligence. Once it has been established that one party’s negligent actions led to an injury, they can become legally responsible for a victim’s damages. For example, imagine that you were involved in a car accident and it is discovered that the other driver was on their cell phone. If it can be shown that the other driver’s failure to pay attention to the road directly led to an accident, you may have grounds to file a personal injury claim.
Factors which must be proven in a personal injury case include:
- The accused owed the defendant a duty of care: For example, a property owner must provide a safe environment for guests and patrons.
- The accused acted negligently: following the example above, if the property owner knowingly allowed dangerous conditions to exist, such as an unmarked wet floor, they may be negligently disregarding the owed duty of care.
- The negligent act led to an accident: Numerous factors can lead to an accident and it must be shown that the negligent behavior was the direct cause of an accident.
- The victim suffered damages: Lastly, the victim must have suffered actual damages, such as medical bills, missed work, or pain & suffering. For example, if the defendant slipped on an unmarked wet floor but suffered no injuries, there may be little basis for an injury claim.
Time Limits for Filing a Claim in Tennessee
Time also plays a critical role in determining an accident victim’s eligibility for compensation. Each state has laws which limit the amount of time a person has to take legal action and in Tennessee, the time limit can be as little as one year. Missing this deadline can forfeit a person’s right to file a lawsuit or seek monetary compensation for an accident, no matter how strong their case is. For this reason, it is critical to act as soon as possible.
Legal Help for Personal Injury Claims
In the wake of an accident, you may be left with a dizzying amount of questions. You might be wondering not only if you can file a claim, but how, and against what parties. When you need proven and effective legal advocates in your corner, the Law Offices of Stephen R. Leffler, P.C. is here to help. Our Memphis personal injury attorneys possess more than 60 years of combined legal experience and have recovered millions of dollars in damages in past cases.
Are you ready to get started on your case? Call (901) 509-9112 or reach our attorneys online and get the answers you need.