Personal Injury FAQ
Under Tennessee laws, auto accident and personal injury victims are within their rights to pursue compensation for injuries and damages suffered through a claim or lawsuit. Regardless, it is important that you explore your various legal options to seek damages, understand the personal injury claims process in Tennessee, as well as what to do after an injury or accident. Therefore, speaking with a practiced Tennessee personal injury attorney is imperative for experienced guidance and to advocate for your best interests.
At the Law Office of Joshua S. Reed, we're poised and ready to assist, guide, and represent clients in their personal injury cases. Our trusted team can evaluate every aspect of your unique circumstances, determine how to proceed with your claims, and answer some of your frequently asked questions about Tennessee personal injury procedures. We're proud to serve clients across Knoxville, Farragut, Blount, Anderson, Union, Oak Ridge, Maryville, Clinton, and Loudon, Tennessee.
Filing a Personal Injury Claim in Tennessee
Tennessee is an "at-fault" state for auto accidents and personal injuries. According to the state's fault rules, the person responsible for the accident or injury (the at-fault party) will be held financially and civilly responsible for your medical expenses, damages, and other losses suffered from the incident.
What Are the Options to Seek Damages?
In order to pursue financial compensation, you can proceed by:
filing a first-party claim with your own insurance carrier;
filing a third-party injury claim with the at-fault party's insurer; and/or,
filing a personal injury lawsuit in civil court against the at-fault party.
Getting the support of skilled lawyers can help identify the liable party, seek to prove negligence, and walk you through the Tennessee personal injury claims process.
Frequently Asked Questions About Personal Injuries
What should I do after an accident?
If you were involved in a negligent car accident, you should take the following steps where possible:
Leave your vehicle carefully and get to safety.
Call 911 for prompt medical treatment for your injuries.
Report the accident to law enforcement and obtain the police report.
Properly document your injuries, medical records, treatments received, medical expenses, and hospital visits.
Collect and document accident scene photos, witness statements, testimonies, and other evidence that can assist with your case.
Document your personal account of the accident and its impact on your work and daily life.
Notify your insurance provider about the accident or injury.
Retain a highly skilled attorney to help file your injury claims and negotiate a settlement with the insurer.
How long do I have to file a personal injury claim?
Additionally, the statute of limitations for personal injury cases in Tennessee is one (1) year of the injury or accident. This means that the injured person or plaintiff must commence their civil action to recover damages within one year from when the personal injury or accident occurred.
What if I was partially at fault?
However, Tennessee follows the "modified comparative negligence" rule. According to the principle, you will only be allowed to seek compensation if the other party was 50% or more at fault for the injury or accident. In addition, the amount of compensation that you may receive will be reduced by your fault percentage. Hence, if you were partially—but not equally or mostly—at fault for the accident or injury, you will still be able to seek damages.
I don't feel hurt. Should I still see a doctor?
However, it is vital for you to get immediate medical help after an injury, even if you don't feel hurt, for the following reasons:
For your health, general well-being, and safety.
To detect any hidden injuries and symptoms.
To ensure proper documentation of all your injuries, treatments received, and medical reports.
To comply with insurance requirements.
To avoid possible issues with the insurer when filing your claims.
Should I talk with the insurance adjuster?
No. Generally, it is never a good idea to talk with the insurance adjuster because:
They can take your statements out of context;
They can interpret your words wrongly;
They can ask contradictory questions to create inconsistencies in your statements; and,
They can use your statements against you in court or to undervalue or deny your claims.
What if I'm injured, and the other party has no insurance?
According to the most recent statistics, about 23.7% of drivers in Tennessee are uninsured. Do not file a claim against an at-fault party who is uninsured or underinsured. Unfortunately, they may be unable to cover all your damages. Rather, you can file a claim with your own uninsured or underinsured motorist (UM/UIM) coverage to seek compensation for your injuries.
Do I need to hire a personal injury attorney?
After an auto accident or personal injury, it is important that you get effective legal representation to protect your rights. Your legal counsel can review and investigate your case details, explore your different options to pursue damages, and guide you through the claims process. Also, your lawyer can negotiate a fair settlement with the insurance carrier, help recover your deserved financial compensation, or take additional legal action where necessary.
Keeping You Informed Every Step of the Way
Having compassionate representation and skilled guidance when filing your personal injury or accident claim is crucial to recover your rightful compensation. Contact us at the Law Office of Joshua S. Reed today to schedule a simple case evaluation with dedicated personal injury attorneys. Our trusted team can guide you through the complex claims process and help you seek your deserved financial justice. We proudly serve clients across Knoxville, Farragut, Blount, Anderson, Union, Oak Ridge, Maryville, Clinton, and Loudon, Tennessee.