Murfreesboro Personal Injury Lawyer
Personal injury law in Tennessee allows individuals to recover monetary compensation, in the form of damages, for injuries sustained as a direct result of someone else’s carelessness or negligence.
The individual filing the claim or lawsuit, otherwise known as the plaintiff, has the burden of proving that the other party was at fault for the accident and that injuries and damages were sustained as a result.
If you have suffered personal injuries in Murfreesboro as a result of someone else’s carelessness, recklessness, or negligence, you may be entitled to monetary recovery under Tennessee law.
Time may be of the essence in your case, and it is essential that you contact a Murfreesboro personal injury lawyer who can explore all of your settlement and litigation options. An experienced negligent attorney can help you file any necessary paperwork with the Tennessee courts.Proving a Tennessee Negligence Case
Murfreesboro personal injury law is based upon the common law of negligence. As such, the injured claimant or plaintiff must be able to satisfy four (4) legal elements:
- Duty: specifically, that the defendant owed the plaintiff a duty of care
- Breach: specifically, that the defendant breached the duty of care owed to the plaintiff
- Causation: specifically, that the defendant’s breach of the duty of care was the actual and legal (i.e. foreseeable) cause of the injured plaintiff’s damages
- Damages: specifically, that the plaintiff sustained injuries and damages as a direct and proximate result of the defendant’s negligent actions or inactions
Murfreesboro personal injury lawyers know that every personal injury plaintiff is different. The level of care owed by a defendant to a plaintiff depends upon the type of case, as well as the circumstances surrounding the accident. In the motor vehicle context, Tennessee drivers owe all other drivers on the road a duty to act as reasonably prudent drivers under the same or similar circumstances.
In the slip-and-fall context, premises owners and operators owe a duty of care to their guests or business invitees to maintain their premises in a reasonably safe condition and to warn of known, hidden dangers and defects on the premises.
In the medical context, healthcare providers, such as doctors, nurses, surgeons, and specialists, owe their patients a duty of care to act as reasonable health care providers in the geographical area. A medical specialist, such as an orthopedist or cardiologist, is usually held to a national standard of care.Proving Damages in Personal Injury Cases
Personal injuries sustained in a car, truck or motorcycle accident can range from relatively mild soft tissue injuries to serious fractures, multiple broken bones, paralysis, or even death.
Once an injured plaintiff has proven the duty, breach, and causation elements of negligence, then the plaintiff must prove the amount, nature, and extent of the injuries and damages sustained as a result of the at-fault party’s negligence.Contacting a Lawyer
Potential damages available to injured personal injury plaintiffs in Tennessee include payment of medical bills and lost wages, as well as monetary compensation for pain and suffering, mental anguish, emotional distress, loss of enjoyment of life, loss of earning capacity, permanent disability, or loss of spousal or family support. A knowledgeable Murfreesboro personal injury lawyer can be an invaluable asset when it comes to proving your personal injury case and maximizing its value.