The overwhelming majority of personal injury cases involve accidents. Accident victims are injured in a wide variety of ways. Here are some of the types of accidents that our Chattanooga personal injury lawyer represents accident victims in:
- Auto accidents.
- Airplane, train, bus and boat accidents.
- Slip-and-falls and trip-and-falls.
- Construction and industrial accidents.
- Dangerously defective products.
- Nursing home negligence and abuse.
- Medical malpractice.
Proving Negligence
In order to prevail on a negligence case, the person claiming injuries must prove each of the four elements of negligence. Those elements follow:
- That the defendant owed the claimant a duty of care.
- There was a breach of that duty.
- The breach of duty caused the accident that the claimant was injured in.
- The claimant suffered legally recognized damages.
Comparative Negligence
There are times when a claimant might be determined to be partially at fault for an accident and injuries. For example, a jury might decide that a slip-and-fall victim could have paid closer attention to where he was walking, and 25% of the fault for the accident was attributable to him. On that basis, the jury’s award of damages is reduced by 25%. In Tennessee, if a claimant is determined to be 50% at fault for an accident, he or she is barred from recovering anything.
Under Tennessee law, an accident victim only has one year from the date of an accident to file a personal injury lawsuit. Failure to file within that one year is likely to cause a case to be dismissed. The time limit is short. Arrange for a free consultation and case review with our Chattanooga personal injury lawyer at the Davis Firm, LLC right away after being injured in any accident by calling 423-358-2925. You can also use our easy contact form at website
