The negligent actions of another person can have devastating consequences for you and your family members if it leads to an accident. You may be wondering what the next step is and how to go about pursuing compensation from the responsible party. A personal injury lawsuit can possibly win you compensation for what you have been through—both personally and financially. Significant settlement or jury awards may be available in an appropriate case, but they require proof of negligence and compensable losses in order to be successful.
To pursue compensation in your case, speak with a Bartlett personal injury lawyer to get started. David E. Gordon is a local Board-certified attorney who can give you individualized advice that helps guide you to a positive outcome.
A personal injury lawsuit is a type of civil action that seeks monetary compensation from negligent defendants. The plaintiff is the party who was hurt and is bringing the lawsuit to recoup their financial losses, while the defendant is the person or entity who allegedly caused the harm. If a Bartlett personal injury attorney can prove that the defendant breached their duty of care and the client suffered compensable losses as a result, a successful claim for compensation is possible.
Tennessee Code § 28-3-104 establishes the timeline by which a personal injury claim must be filed. Claims under state law must be filed within one year of an accident – shorter than in many other states. If the injured person fails to file within this short time period, they run the risk of losing their ability to file altogether. This makes it imperative that a client speak to a licensed attorney like David as soon as possible following their injuries.
Many situations in which a person is harmed may fall within the broad category of a personal injury lawsuit. Within this broad category are many different subcategories that more specifically relate to the person’s injuries. Each type of accident might have its own unique requirements for proof and procedural hurdles that a Bartlett accident lawyer must handle.
Accidents with cars, motorcycles, trucks and other forms of motor vehicles are the most common civil injury lawsuits. Even less intense collisions that involve bicycles or pedestrians are common. All of these scenarios run the risk of a major catastrophic injury such as paralysis or brain damage. Typically, the driver of the vehicle is the subject of a lawsuit, although there are situations where a dangerous condition on land could mean that a government entity or a private landowner is liable for compensation.
A wrongful death case is appropriate when a person is killed as a result of the defendant’s negligent acts. Their family members or other close parties may bring this type of lawsuit to compensate for the loss of that person. In a wrongful death case could account for funeral costs, personal grief, and other losses that might not exist in other types of accidents where the person survives.
When a doctor or other medical staff is negligent in their duties, a medical malpractice claim could be warranted. Unique evidence is often required in order to file and an expert opinion is usually necessary. Similarly, nursing home negligence could also lead to a claim if it results in a resident being abused or neglected of care.
When a product is defective and causes bodily harm, the plaintiff can file a lawsuit against the manufacturer of that product. The same also applies in dangerous drug cases. These typically require expert testimony and an in-depth knowledge of this area of law.
After sustaining a painful injury, the best thing for you to do is rest. The task of filing the proper documentation and making the case for compensation is best left to a Bartlett personal injury lawyer. Contact the Law Office of David E. Gordon today to learn more about your unique case.