If you are injured in the workplace, an auto accident, a slip and fall, or another scenario in Tennessee, financial compensation is available. By filing a personal injury claim, TN residents can pay medical bills, make up for lost wages, and help life get back to normal.
Statute of Limitations
In the state of Tennessee, there is a limit to the amount of time you can file a personal injury claim, called a statute of limitations, of ONE YEAR. This means that you have one year from the date of the incident to file a claim before the court will likely reject it.
Motor Vehicle Insurance and TN
Tennessee uses fault auto insurance. This means that the driver who is at fault for an accident is responsible for paying damages to the injured party. If you were injured in an auto accident, you have a few different options for filing a personal injury claim:
- File a claim with your own insurance company
- File a claim with the other party’s insurance company, called a third party car insurance claim
- File a personal injury claim in court
Who is at Fault for an Accident in TN
Tennessee uses modified comparative fault in dealing with personal injury cases. This means that the court can find you partially responsible for the accident that caused your injury. As long as you are found to share less than 50% of the responsibility for the incident, you are still able to collect damages from the other party. The percentage of fault you share will be taken out of your compensation. EXAMPLE:
Mary-Louise Sherman was shopping at a hardware store in Jackson, TN when she tripped and fell over the stairs to the bargain basement. She broke her wrist and later required surgery for a slipped disc. She filed a personal injury claim against the store. Mary-Louise did not pay attention to a sign that the bargain basement was closed for repairs when she fell. Although the store was found in violation of several safety codes because of the faulty stairs, Mary-Louise was found 30% at fault for the injuries. The court awarded her $20,000, but the payment was reduced to $12,000 because of her comparative fault.
A Previous Tennessee Personal Injury Claim
According to Tennessee Injury Blog, a woman was shopping at a mall during the holidays in 2011 when she fell on a spilled drink at the bottom of the escalators, fracturing her wrist. After a lengthy court battle and negotiations, she was awarded $75,000 in damages from the shopping mall to cover her medical expenses.
Damage Caps in Tennessee
Tennessee has only recently set broad limits on the amount of compensation that can be received for a personal injury claim. In nearly all cases of personal injury claims in TN, the damage caps are:
- $750,000 for non-economic damages, such as pain and suffering
- $1,000,000 for cases that involve a severe injury