Unfortunately, there is no way to prepare for the possibility of a personal injury—accidents usually happen without warning, and sometimes have catastrophic consequences. However, if your injury stemmed from someone else’s reckless or careless behavior, you could have important legal options for recovery waiting to be explored.
A Cordova personal injury lawyer could help you understand your rights and take full advantage of your options both in and out of court. With representation from skilled attorney David E. Gordon, you could recover money for every injury and loss you suffered as a result of another’s negligence, including damages that have no objective financial value.
Legal Negligence as a Basis for Civil Litigation
The most common justification for filing a civil suit in Tennessee is legal negligence, a term that refers to a lawsuit brought against someone because of their own irresponsible behavior. Under this legal principle, a person who violates their duty of care in a way that directly causes an accident could be held liable for any damages someone else suffers as a result. This could include a motorist who is distracted on the road and causes a car accident or a property owner who does not account for hazards and leads to a premises liability claim.
Because of how complicated it can be to prove that a violation of that duty proximately caused damages, injury victims who try to file suit alone often have a very difficult time achieving a positive outcome. Working with a knowledgeable Cordova personal injury lawyer could be essential for anyone seeking to maximize their recovery when pursuing civil litigation.
Potential Limiting Factors to Civil Recovery in Cordova
If a case is successful, a civil plaintiff in Tennessee could recover not only objective economic losses like medical bills and missed work wages, but also non-economic damages like pain and suffering. However, there are many elements of Tennessee civil law that limit a plaintiff’s personal injury recovery if they are not prepared for them.
For instance, the comparative fault doctrine allows Tennessee courts to reduce a plaintiff’s recoverable compensation proportionately based on the percentage of fault they bear for the accident. In addition, Tennessee Code §29-39-102 sets a limit of $750,000 on recoverable non-economic damages for all civil cases except those involving catastrophic injuries, for which the non-economic damage cap is $1 million.
Statute of Limitations
Finally, Tenn. Code § 28-3-104 sets a statutory filing deadline of one year for all civil cases pursued in Tennessee. If a plaintiff in Cordova or their personal injury lawyer does not file their case within one year of when their injuries were incurred, this statute of limitations may bar them from receiving recovery altogether.
Consult with a Cordova Personal Injury Attorney Today
Pursuing compensation through a civil lawsuit can be an essential step for you to take following a serious accident, but that does not mean it is a straightforward one. The civil litigation system in Tennessee is complex and confusing, and if you do not seek assistance from a skilled attorney in navigating it, you could have a harder time achieving a beneficial result.
Instead of leaving the outcome of your claim to chance, consider retaining a Cordova personal injury lawyer who knows the legal system inside and out and could help you achieve the best possible resolution. Call David E. Gordon today to set up an initial meeting and learn more about how a seasoned attorney could help you.