If someone else is more at fault for your injury than you are,
you may make a claim against that person or business and their insurance
company, if any. The type of accident and the cause of the accident may affect
whether you are entitled to compensation, as in the following examples:
Motor vehicle accidents: Fault or "negligence" is determined
by traffic regulations and which driver's carelessness contributed most to the
accident and injuries, including your own conduct such as failure to use
seatbelts.
Commercial accidents (such as in stores): Injuries are
compensable only if caused by an unsafe condition that the owner should have
known of, appreciated, and corrected before the accident.
Home/farm/apartment/recreation injuries: Renters, owners, or
residents may be found liable for injuries they cause by negligent maintenance,
oversight, or attacks by pets; however, property owners who permit others to use
their land without charge for recreational purposes may be completely immune to
any claim for unsafe conditions, however flagrant.
Government employees and premises: Injuries caused by
negligent public employees or unsafe conditions will be compensated only in
limited circumstances and are subject to stringent notice and claim
requirements. State, federal, and local governments are given broad latitude to
determine most matters involving public safety, including the design and
maintenance of roads, parks, and facilities.
Workplace injuries: Injuries at work generally are covered by
worker's compensation benefits which compensate for medical expenses, lost
wages, and permanent impairments, without regard to fault by anyone. If the
accident was caused by someone other than the employer or a co-worker, a
fault-based claim can be made that could include damages for pain and suffering
in addition to the worker's compensation benefits.
Intentional injuries: Injuries inflicted on purpose by any
means are not usually covered by the guilty party's liability insurance,
although the responsible party may be personally liable for such harm.
Other accidents: More complicated rules determine if injuries
caused by dangerous products, the accumulation of ice or snow, faulty
professional services, or public utilities will be compensated. In addition,
users of firearms, dog owners, and operators of restaurants, hotels, and public
transportation may be liable for injuries they cause because the law imposes
special responsibility for these hazards which your attorney can explain in more
detail.
Most automobile, homeowners and commercial liability policies contain "medical payments" coverage for medical expenses incurred after an accident without regard to fault. This coverage in auto policies applies to the insured family members and vehicle passengers, while homeowners and commercial policies cover only "others" or visitors to the premises.
Health, worker's compensation, disability insurance carriers or HMOs usually will pay benefits arising from accidental injuries. However, if your claim against another person succeeds, then the insurance provider will probably require you to repay these benefits to them.
If the accidental injury is primarily your own fault, then only health insurance (such as through your employer), worker's compensation, or medical payments coverage may apply.
Injuries caused by uninsured drivers are compensated by your own "uninsured motorist" coverage (if you have it) applying the same general rules as insured drivers.
The law requires you to settle your claim, start a lawsuit, or give special notice within limited times after the injury. The time you have to take action depends on the person or entity that caused your accidental injury. Some
Tennessee statutes of limitation and notice requirements illustrate the complexity and variety of these rules:
• Injury, wrongful death, medical malpractice - generally 1 year
• Claims against the state and state employees – 180 days
• Worker's compensation claim – 30 days notice to employer, 1 year from last
benefits paid to file claim.
A claim is valued and usually settled based upon an estimate of what a jury would likely regard as fair and reasonable compensation given the severity of the injury and the effects of the accident on your life, as well as the probability that a recovery against the wrongdoer is warranted. In addition to medical expense and wage loss, you are entitled to money damages for "personal injuries," including pain, suffering, and loss of enjoyment of life. Your attorney may point out additional damages authorized in special cases such as dog bites or flagrant misconduct.
Severe injuries requiring substantial medical treatment, extended absences from work, and permanent physical or mental impairments may command substantial compensation. Juries tend to believe that injuries that cannot be seen or demonstrated objectively are susceptible to exaggeration by the party seeking money damages, and insurance claim personnel tend to appreciate that fact.
When it comes time to settle a claim, both sides should have a clear "before and after" picture of the injuries and how they have affected the victim's life. The "difference" is the value of the claim. For example, a previously healthy, productive, young worker injured severely by an obviously culpable defendant will demand substantial compensation, especially where the victim has undergone substantial medical care, extended loss of earnings, and is facing a future of impaired earning capacity, disfigurement, pain, and suffering. On the other hand, the claim of an older person injured in questionable circumstances resulting in complaints that can be established only by the word of the claimant may be substantially discounted both by a jury and a claims adjuster.
If the injured person is found partially at fault for the accident causing the injury, then the amount of damages will be proportionately reduced; likewise, if there is a substantial chance that the claim will not succeed for any reason, then any pretrial settlement will be reduced in most instances.
If the person responsible for your injury has insurance, an insurance adjuster will gather and try to verify the necessary medical treatment records, medical expense, and wage loss information and what permanent impairments have been caused by the accident. If the insurance company makes an offer that you (and your attorney) find acceptable, then the claim process is over. If no acceptable offer is made, then you may file a lawsuit. During the early months after a lawsuit has been filed, both sides can conduct depositions and other "discovery" to obtain more detailed and exacting proof about the nature of the claim.
As the trial date approaches, both the claimant and the insurance company usually take a closer look at the elements of the claim and available evidence to support it, and may try to settle the matter by informal discussion, mediation or pretrial conferences with the judge. Although about 95 percent of injury claims settle before trial, one cannot know in advance which claims will require a trial before a judge or jury for resolution. Once a claim is put in suit, it typically takes six to 18 months to resolve.
The general rule of damages is that an injured person is entitled to recover such amounts as will fairly and justly compensate for the injury sustained. The compensation awarded is a result of the wrongful and unlawful acts of another and should at least be equivalent to and, in all cases, be commensurate with, the loss or injury actually sustained. At the same time, the negligent party is liable for only the damages which are the proximate result of their negligence.
You may not recover for pain and suffering due to the pre-existing injury which was not a proximate result of the negligence of the recent rear-end collision, however, you may recover where the recent injury aggravated or accelerated the pre-existing injury.
Aggravation means that a physical condition, already existing, was made worse by this collision. Your damages are an amount for whatever measurable aggravation of injury, pain, or expenses you incurred as a result of this recent collision. It is the extent of the aggravation for which the tortfeasor is responsible.
Acceleration is causing a condition to reach a point that it would have normally reached, but at a measurably earlier time. The tortfeasor is not responsible for the pre-existing condition, but is liable for the damages proximately caused by the acceleration.
Your doctor will play an important role in helping to determine the extent of aggravation or acceleration of your pre-existing condition. Also important will be the nature of your injuries and the history of treatment from the original injury until the recent collision.
You should definitely pursue your case by seeing an attorney. Most personal injury attorneys will meet with you for a free initial consultation and most attorneys will accept your case on a contingency fee arrangement. I suggest that you
contact my office for further information, or representation, and I will be glad to give you my personal attention, or you may e-mail me at
mitch@tnlaw.com
The general rules for bringing a personal injury lawsuit are:
• You must have suffered an injury to your person or property, and
• Your injury must have resulted from someone else's negligence or an intentional act.
Fill out our online form for a free consultation to discuss your case.
Negligence is a failure to act reasonably in a situation. This would be doing something carelessly or failing to do something at all; i.e. driving at night without your headlights on.
When a defendant in a negligence case states that the plaintiff’s negligence contributed to their own injuries.
Negligence does not simply mean something has been done wrong. All of the following elements must exist for an act to be considered negligent:
a. The defendant failed to provide reasonable care in the situation,
b. There was a breach of duty between the defendant and the victim,
c. The victim suffered an injury,
d. The defendant should have known what would occur based on the circumstances, i.e. what is known as “Forseeability”, and
e. Damages resulted from the negligence.
In addition to proving that someone breached a legal duty owed to you, you must also prove that there is a direct connection between the accident and the injuries there you sustained. In other words, the law requires that you prove that the accident was the “proximate cause” of your injuries. The damages for which the law allows compensation include past and future medical expenses, past and future loss of earnings, other economic losses, permanent disability, psychological injuries, discomfort, pain, and suffering, and damages for the inability to perform one’s usual activities.
A claim that the defendant in a suit brings against the plaintiff in response to the original claim.
Discovery allows both parties to “discover” or to be made aware of the information in the case. The purpose is to narrow the basis of the complaint and to eliminate surprises to both parties.
A formal interview under oath and in the presence of a court reporter. The answers in a deposition are oral.
When a large group of plaintiffs sue a large group of defendants naming a representative in place of the entire group. Examples would be the tobacco industry suits and the suits against the drug manufactures of the popular diet medications, such as fen-phen.
Generally 1 year from the date the incident occurred.
This is a products liability case. You may be able to sue. Although the manufacture is responsible for defective products, the following will be considered in your case:
a. Was the defect unreasonably dangerous?
b. Is the seller, where you bought the iron from, in the business of selling that particular product?
c. The item must not have been substantially changed between the time of purchase and the time of use.
d. The defect must have directly caused the injury
e. The product must have been used properly.
It is used as part of a defendant’s defense in some cases. It states that a user assumes risk in the following ways:
a. If you’ve discovered the risk, but disregard it.
b. If you’ve failed to properly maintain an item.
c. If you’ve failed to follow the enclosed directions.
You should do the following:
• Write down as much as you can about the accident itself, your injuries and any other losses (such as wages) you've suffered as a result of the accident.
• Make notes of conversations that you have with people involved in the accident or the injury claim.
• Preserve evidence of who caused the accident and what damage was done by collecting physical evidence and taking photographs.
• Locate people who witnessed the accident and who might be able to help you prove your case.
• Notify anyone you think might be responsible for the accident of your intention to file a claim for your injuries.
Yes. It is always a smart decision to consult with an attorney to help you with your case.
Contact Mitch Grissim & Associates today to discuss your case.
Remember, the adjuster works for the insurance company, to protect its interests. Your attorney will work for you, to protect your rights. The insurance company has one goal, and that is to settle your case for the least amount of money possible. What may seem like a fair offer to you could fall far short of the amount of money you may be entitled to. It is always a good idea to consult with an experienced personal injury attorney before agreeing to any settlement with your insurance company.
Personal injuries not only cause physical pain, but often emotional and financial hardship through loss of work, medical bills, and stress placed upon families and loved ones. All of these consequences resulting from an injury are known collectively as “damages.” If someone has caused you to suffered physical or emotional injuries, you may be entitled to bring a personal injury claim to recover for your damages. The compensation you are entitled to receive often depends upon the type of accident that caused the injury. For instance, the rules of recovery for an injury in an automobile crash are different from those in an on-the-job injury.
There are two types of damages in personal injury and wrongful death claims. Damages that compensate you for what you have suffered and lost are called “compensatory” damages. These damages include your medical expenses, lost wages, property damage, and money to compensate you for the results of your injuries. The second type of damages is called “punitive” damages and is meant to punish the wrongdoer for injuring you. For instance, the manufacturer of a defective product might be liable for punitive damages if they knew of the defect but continued to produce and sell the dangerous product anyway. Specific compensatory damages include:
• past and future medical and hospital expenses
• physical pain and suffering
• mental anguish/emotional distress inconvenience
• physical impairment
• disfigurement
• lost wages
• loss of earning capacity
• loss of love and companionship caused by the death of a loved one
• funeral expenses
• damage or destruction of property
• loss of enjoyment of life
It is true that you can hire any lawyer licensed in your state to handle your case, but not all lawyers have the same training or trial experience, and many firms only occasionally take on personal injury cases.
Mitch Grissim & Associates handles only cases involving injured people.
We are confident that we will do our best representing our clients. There are no guarantees associated with any lawsuit or claim. Our clients can count on the fact that we work hard to make sure that all our cases are thoroughly prepared and ready for trial, or if appropriate, for settlement out of court.
The word "tort" comes from the Latin word for "wrong," and refers to a wrongful act by someone that injures the person or property of another. The “tort system” typically refers to the laws, rules and procedures used in our civil courts to allow an injured victim of a wrongful act to obtain damages for his or her injuries and losses.