Tennessee Personal Injury Claim Process

A person who suffers an injury or other loss due to the mistakes, negligence, or recklessness of another person has the legal right to pursue compensation against those who caused those losses in a personal injury claim. Understanding the Tennessee personal injury claim process can be challenging, especially if this is the first time you are navigating it. While the help of a personal injury attorney is almost always beneficial, there are a few things you should know about the process and what to expect. A Nashville personal injury attorney from Selvidge Injury Law can assist in your case.

Report Your Accident to the Police

In most situations, the first step is to document the evidence in your case and to file a police report that outlines what happened. Reporting motor vehicle accidents, in particular, is very important for ensuring that the evidence in your case is fully outlined and understood. Complete a police report as the first step in order to document what occurred properly.

Contact an Attorney

Though you can legally file a claim against the at-fault party without any legal representation, it is rarely a good idea to do so from a financial standpoint. A personal injury attorney knows how to navigate the entire process, eliminating risks and ensuring you get the best possible outcome in your case. Your attorney can handle any of the following specific requirements while also providing you with the legal support you need if challenges arise.

Send a Demand Letter for Your Losses

The first step in the personal injury claim process beyond getting medical care is to inform the insurance company of the at-fault party of the injury and the incident. This is done through a claim or demand letter. The letter shows that:

• You were owed a duty of care: That means someone named as the at-fault party should have been expected to provide you with safety.
• That duty of care was breached.
• The breach was brought on by the party listed as being at fault.
• The breach directly caused your injuries.
• The evidence that you can back up these claims.
• And the losses you have

All of this information outlines what you expect the insurance company to do for you, i.e. paying for what they caused you to lose. It should outline all defendants that could be liable, as well as how much you expect to be paid for the losses you have incurred.

Settlement Negotiations

The next step in the personal injury claim process is negotiation. With the help of an attorney, you will work between the at-fault party’s insurance company and your own attorney to negotiate a fair settlement amount.

The insurance company certainly wants to limit what they pay out, and while that may be the objective they have, any evidence you have to back up your claims can limit their ability to minimize your claim. If you are unable to provide adequate evidence, though, you may struggle to maintain the same value. Your attorney will negotiate fiercely for you to ensure you do not lose out on the compensation you were owed.

File a Lawsuit

In situations where the insurance company or at-fault party is not willing to pay you fairly, the next legal step you can take is to file a lawsuit in civil court. Filing a lawsuit is more than just completing some paperwork; it can be critical to recovering the damages you are owed.

Once you file the lawsuit, a matter of discovery occurs. That means parties can be interviewed, and evidence is exchanged. In many situations, the insurance company, at this point, will be able to tell if they have grounds to stand on in reducing or denying your claim for compensation. If they believe they will save money by settling, they will do so at this point.

If that does not happen, the case goes to court. This means that a jury and sometimes a Judge will ultimately hear the evidence on both sides of the case and determine what the fair amount of compensation is for you. This will be dependent on factors such as:

• Proving that there was a duty of care in place
• Proving the company or at-fault party breached that duty in some way recognized under the law
• Showing and proving the financial losses you have
• Seeking additional compensation related to the incident as applicable

Once it goes to trial, the jury and/or the Judge will determine the outcome, including what you should be paid for the incident. While there is always the chance that you may not be successful at trial; most of the time, your personal injury attorney will not let your case get to this point if they think that is going to happen.

In Tennessee, you have 1 year from the date of the accident in which you were injured or someone was killed to file a lawsuit. That means you do not have a lot of time to act (and you should act immediately with the help of a personal injury attorney).

Most Personal Injury Claims Do Not Go to Court

Most of the time, a personal injury claim is settled out of court long before it gets to that long and drawn-out process. In every situation, there is a very important need to document your losses clearly and have evidence to back up all of your claims. The more documented losses present and the more evidence to back up your claims that you have, the harder it is for the insurance company or at-fault party to deny your claims.

The Tennessee personal injury claim process is rather lengthy, requiring numerous legal documents to be filed and individuals to meet very specific rules. Keep in mind that in every situation, you have the right to full and fair compensation for your losses. However, the burden of proving those losses is on your shoulders. Having a personal injury attorney in Tennessee available to help you with that is critical. Call the office of Selvidge Injury Law today for a free consultation.