Personal Injury FAQs

Check out the following personal injury FAQs if you’re debating whether to file a claim or lawsuit against anyone who caused you bodily injuries. Consult with a personal injury attorney in Nashville, as they can address any legal concerns or questions you have during a free consultation.

How Do I Know If I Have a Case?

You’ll know if you have a case if you have suffered injuries due to no fault of your own. Key questions to ask that will help you determine if you have a case include:

Did someone else cause me to get hurt?
Was I injured?
If I was injured, can I link my injuries to someone else’s actions?
Did I suffer damages as a result of those injuries?

Evidence can help you figure out if you have a case, too. Proof that may help you show that someone else is to blame for your injuries includes:

Accident scene photos
Traffic or surveillance camera footage of your accident
Police reports
Witness statements
Medical records
Pay stubs

Consult with a personal injury lawyer if you’re unsure of whether you have a case. Trust an attorney who has helped past clients achieve outstanding personal injury case results. Your lawyer can evaluate your case in depth. They can represent and advocate for you as part of a personal injury claim or lawsuit. If you were injured on someone else’s property due to their negligence, reach out to our premises liability lawyer in Nashville to discuss your legal options.

Have Questions About Your Case?

Call Our Nashville Injury Attorneys at (615) 864-0343

What Do I Do After an Accident?

Prioritize your health, well-being, and safety after your accident. Things to do to protect yourself following this incident include:

Dial 911. Medical professionals and police officers will arrive at the scene of your accident and can help document what happened and provided medical treatment. You can receive a medical evaluation and care for your injuries and give the police information about your accident.
Get information from others involved in your accident. Ask for the contact information of anyone who may be liable for your accident. You should also request the contact information of anyone who saw the incident.
Collect evidence. Capture photos and videos of the accident scene and your injuries. Write down your observations from the incident as well.
Receive medical care. Go to a doctor and follow their instructions to treat your accident injuries. Continue to get medical care for as long as your doctor advises.
Keep records. Organize all of your records for your medical costs and other expenses that you incur due to your accident.
Notify your insurance carrier. If you were involved in a car or truck accident in Nashville, inform your insurer about the incident, even if you’re not liable. This will initiate the insurance claims process.
Speak with an attorney. Contact a lawyer who has received dozens of positive client testimonials. Your attorney can evaluate your accident and help you decide if now’s the right time to move forward with a personal injury claim or lawsuit.

How Long Do I Have to File a Personal Injury Claim?

You typically have up to one year to file a personal injury claim, per Tennessee Code § 28-3-104. This statute of limitations applies to both claims and lawsuits. If you don’t seek compensation from a liable party within this period, you may lose your right to submit a claim or lawsuit at a later date.

What If I’m Partially Responsible for the Accident?

If you’re partially responsible for your accident, a judge or jury may reduce your compensatory damages based on your percentage of fault or award no compensation at all. This is due to Tennessee’s modified comparative fault system.

Modified comparative fault is defined in accordance with Tennessee case law. With this, you can’t be more to blame than anyone else for your injuries and still recover damages from other parties. This means that as long as you are not 50% or more at fault, then you can recover damages.

For example, you are involved in a car accident, and the court rules that you’re 20% liable. In this situation, you may get 80% of the damages that you originally requested or that a jury awarded you at trial.

Alternatively, look at what can happen if you’re 51% at fault for an auto accident. Since you’re more liable for this incident than anyone else, you will be barred from getting damages.

How Much Does a Personal Injury Lawyer Cost?

Many personal injury attorneys work on contingency, which means you don’t have to pay them anything unless they get you compensation. If you are awarded damages or accept a settlement, your lawyer may take a percentage of it to cover their legal fees.

Additionally, most personal injury attorneys front, or advance, the expenses that are required to move your case forward and to work it forward properly. Your attorney will get these expenses reimbursed from your settled; but again, only if there is a successful outcome in your case. Meaning you either accept a settlement that your attorney negotiates, or that a jury awards at trial.

Most personal injury attorneys do not require any upfront payment, and they only get paid at the very end of a case, and only if there is a successful outcome.

Will I Have to Go to Court for My Personal Injury Claim?

It’s unlikely that you’ll have to go to court for your personal injury claim. Most personal injury claims are resolved through settlement negotiations. If you don’t get a settlement offer that meets your expectations though, you can decide to go to court and let a judge or jury decide your case.

Why Should I Hire a Personal Injury Lawyer?

You should hire a personal injury lawyer because they will share their legal knowledge and insights with you and help you at each stage of your case. Common reasons why people hire personal injury attorneys include:

Legal Guidance and Support: Your accident attorney in Nashville can help you make informed legal decisions.
Focus on Your Recovery: As you care for yourself and recover from your injuries, your lawyer will position you to get the most damages possible.
Help with Settlement Negotiations: Your lawyer can negotiate a settlement on your behalf. If your attorney receives a settlement proposal, they can explain its pros and cons and the short- and long-term implications of any decision you make on it.
Evidence Collection: Expect your attorney to conduct an extensive search for evidence to bolster your case.
Accountability: Your lawyer can craft an argument designed to prove that anyone who hurt you should be held accountable for their actions.
Legal Representation and Advocacy: Your lawyer will protect your legal rights and best interests. If your case requires a trial, they will represent and advocate for you to a judge or jury.
Emotional Support: Your Nashville injury attorney can help you remain calm, cool, and collected in the midst of stressful and emotionally taxing litigation.