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How Do I Know If I Have a Valid Personal Injury Claim?

Imagine driving through a busy intersection when another motorist blows past a red light, T-boning your vehicle and sending you to the ER. Or maybe a spill at the grocery store left you with a broken wrist and bruised pride.

You’re probably wondering – can I take any legal action in this situation? Was this just an unlucky accident, or did recklessness by others leave me legitimately entitled to pursue compensation?

As seasoned Tennessee personal injury attorneys assisting clients just like you for over a decade, we firmly believe innocent victims deserve answers and options after life-altering accidents. But, most people are unsure of what constitutes a valid personal injury claim. So, before explaining eligibility, let’s define what they are.

Personal Injury Claims Defined – It’s All About Negligence

Personal injury claims seek compensation when someone else carelessly caused your injury. To have a valid case in Tennessee, you must show:

  • Someone failed their duty of reasonable care owed to others
  • This failure directly led to your injury and losses

For example, drivers must drive safely to protect others on the road. Stores must keep aisles free of spills to protect shoppers from falls. Even cities must promptly fix broken sidewalks that could trip people. Failing these duties often supports injury claims if causing harm.

If you can show someone’s improper actions directly led to your injury, discuss your case with an attorney. You may have a negligence claim against them.

If carelessness caused your injury, you may claim damages to ease financial and emotional burdens. Ask yourself:

  • Did someone clearly fail their legal duty of reasonable care?
  • Did this failure directly cause your injury or losses?

If you can answer “yes” to both, you likely have a valid negligence claim to investigate. Discuss your case with an attorney.

Major Types of Personal Injury Claims We Frequently See

Many types of careless behavior that hurts people can support negligence claims. But in our experience, most Tennessee injury claims involve:

Car Accidents

By far the most frequent personal injury cases, car accidents caused by intoxicated motorists, red light runners, distracted drivers, and more. Passengers, pedestrians, motorcycle riders, and bicyclists also file claims if driver negligence left them harmed.

Premises Issues

Slip-and-falls from wet floors or uneven walking surfaces, along with injuries from unaddressed maintenance dangers or poor security accommodations. Stores, offices, hotels, and apartments with hazards can share responsibility.

Dangerous or Defective Products

When unsafe design flaws or manufacturing defects in items like vehicles, child products, tools, or implants cause injuries after companies fail proper safety engineering or protocols.

If your situation resembles any examples within these common categories, you should call the experienced personal injury attorneys at The Higgins Firm for free legal consultation. We can assist in evaluating whether you have a valid claim and help to present one for you against the party at fault for causing your injuries. an.

How to Evaluate the Validity of Your Potential Tennessee Claim

Not every slip, fender bender, or product complaint necessarily warrants pursuing financial recovery, however. Smart personal injury law firms look at certain factors to evaluate if a case is strong enough to take on.

These include:

  • Clear Negligence – Can concrete evidence establish breached duties of care, not just subjectively perceived failures? Police reports, inspection records, scientific metrics, and more help substantiate this.
  • Definitive Proof of Causation – Are medical records, accident reconstruction findings, product testing results, or other tangible proof available confirming the identified negligence undoubtedly catalyzed damages rather than speculative contributing factors?
  • Severity of Damages – While not legally requiring catastrophic impairment, did verifiable financial and personal losses occur significant enough to justify time in court? Cases with minimal medical bills or lost wages often fail to justify their legal pursuit.

If our attorneys believe your case meets the validity criteria, we will pursue maximum compensation for you through settlement talks or going to court.

However, if we find limited evidence or a minor impact unlikely to yield results, we will respectfully explain that upfront. We aim to evaluate each unique situation honestly so you can make informed decisions on the next best steps.

Moving Your Personal Injury Claim Forward with Experienced Counsel

If we determine you have a valid negligence claim in Tennessee, smart next steps include:

  1. Compiling Documentation – Collect police reports, medical files, employment records, receipts, and all evidence demonstrating entitled damages for lost wages, hospital bills, and relevant expenses, accident scenes, product defects, or hazard locations as well.
  2. Notifying Responsible PartiesInsurance companies covering individuals or businesses potentially liable for the incident must receive prompt incident notices or risk denial of claims. An attorney efficiently and promptly notifies the correct parties of your claim. Our office also ensures that our notice requires the offending party to preserve relevant evidence within their possession–whether that be surveillance video or photographs.
  3. Attempting Early Settlement – After informing insurers, pursuing negotiations before lawsuits frequently delivers satisfactory results faster at less expense and stress, which we prioritize when appropriate. If reasonable offers don’t materialize, litigation is next.

At The Higgins Firm, our experienced attorneys have helped many personal injury victims recover compensation across Tennessee. We offer free, private case consultations to review your options.

Every situation is unique – we will tailor our approach to seek justice and positively move beyond this hardship. Call today to take the first step toward informed decisions and guidance through this difficult time.

What Our Clients Say
★★★★★
When my mother was neglected in a nursing home I was referred to The Higgins Firm for help. They did a great job representing my family and obtained a significant settlement. Hopefully, this will keep someone else's parent from being mistreated in the future. Angie S.
★★★★★
I have a large collection practice and don't handle personal injury cases. Instead of simply declining a case, I referred it to The Higgins Firm. They handled everything. My client got a large recovery and I got a large co-counsel fee. The client and I were both very happy. Attorney Bo Melton
★★★★★
The best injury lawyers in Nashville. They represented my son in a car accident case and did an awesome job. James D.