Understanding the Personal Injury Lawsuit Process in Tennessee
Filing a personal injury lawsuit in Tennessee can help injured individuals recover compensation for medical expenses, lost wages, pain and suffering, and other damages. Whether the injury is caused by a car accident, slip and fall, medical malpractice, or another incident, understanding the legal process is essential.
In this blog, we break down each stage of the personal injury lawsuit process in Tennessee and explain how working with an experienced Memphis personal injury attorney can help you protect your rights, build a strong case, and pursue fair compensation.
What Qualifies as a Personal Injury Lawsuit in Tennessee?
Not every injury results in a personal injury lawsuit. This section explains the legal conditions that must be present for an injured person to file a valid personal injury claim in Tennessee.
Legal Definition of Personal Injury
A personal injury lawsuit involves harm caused by another person or entity. This harm can be physical, emotional, or financial. The injured party must show that another party had a legal duty, failed to meet that duty, and caused injury as a result. Tennessee law requires a clear link between the actions of the at fault party and the harm suffered.
Common Types of Personal Injury Cases
Most personal injury cases fall into specific categories. These include car accidents, slip and falls, medical malpractice, product liability, and wrongful death. Injuries caused by intentional acts, like assault, may also qualify. Each case must show that the responsible party acted negligently or unlawfully.
Required Elements for a Personal Injury Claim
To move forward with a personal injury lawsuit, four elements must be present:
- Legal duty: The responsible party owed a duty of care.
- Breach of duty: That duty was violated.
- Causation: The breach directly caused the injury.
- Damages: The injured person suffered losses, such as medical expenses or lost wages.
Without these elements, a claim may not succeed in court.
Types of Damages Available
Tennessee law allows injured persons to pursue compensation for both economic and non-economic damages. Economic damages include medical bills, lost income, and property damage. Non-economic damages include pain and suffering and emotional distress. Under Tennessee Code § 29-39-102, non-economic damages are capped at $750,000 in most personal injury claims and $1 million for catastrophic injuries.
Injuries That Support a Personal Injury Lawsuit
A valid personal injury claim requires proof of actual harm. This can include physical injuries, emotional distress, or financial losses. Medical treatment and documented medical records are essential for proving injury and connecting it to the incident.
Fault and Comparative Negligence in Tennessee
Tennessee follows a modified comparative negligence rule. If the injured party is 50 percent or more at fault, they cannot recover compensation. If they are less than 50 percent at fault, their compensation is reduced by their share of responsibility. This is set by Tennessee Code § 29-11-103.
The Personal Injury Claim Process in Tennessee
The personal injury claim process in Tennessee follows a series of legal and procedural steps that an injured person must take to seek fair compensation.
Step 1: Seek Immediate Medical Treatment
After an accident or injury, the injured person should seek medical treatment right away. Medical records from this treatment will serve as evidence in the personal injury lawsuit. Delaying care may give the insurance company a reason to dispute the injury or deny the claim. Always document all medical expenses, even if the injuries seem minor.
Step 2: Consult a Personal Injury Attorney
An experienced personal injury attorney can review the facts and explain the injured person’s legal options. Early legal representation helps protect important evidence and manage communication with insurance adjusters. Most attorneys offer a free consultation and work on a contingency fee basis, meaning there are no legal fees unless the injured party recovers compensation.
Step 3: Investigation and Evidence Collection
The attorney will begin an investigation to collect key evidence. This may include witness statements, medical records, accident scene photos, and proof of lost wages. Determining liability and identifying all responsible parties are critical steps in building a strong personal injury claim.
Step 4: File an Insurance Claim
The injured party or their attorney will file a claim with the at fault party’s insurer. This includes submitting medical records, proof of property damage, and a statement of losses. The insurance company may try to limit compensation or question the severity of the injuries. A personal injury lawyer helps prevent low settlement offers during this stage.
Step 5: Negotiate a Fair Settlement
Most personal injury cases settle out of court. Settlement negotiations involve reviewing the extent of the injuries, medical bills, and the impact on the injured person’s life. The goal is to reach a fair settlement that covers economic damages and non-economic damages, such as pain and suffering.
Step 6: File a Lawsuit if Needed
If the insurance company refuses to offer fair compensation, the attorney may file a formal injury lawsuit in a Tennessee trial court. The statute of limitations for most personal injury claims in Tennessee is one year from the date the injury occurs, as stated in Tenn. Code Ann. § 28-3-104. Missing this deadline will prevent the injured party from pursuing compensation through the courts.
What to Expect During the Litigation Process
When settlement negotiations fail, a personal injury lawsuit may move into the litigation phase. This section outlines what the injured party can expect as the case proceeds through the court system in Tennessee.
Filing the Lawsuit
The process begins when the injured party, through their personal injury attorney, files a complaint in a Tennessee trial court. This legal document outlines the facts of the case, the legal basis for the claim, and the compensation being sought. The at fault party is served with the complaint and given a deadline to respond.
The Discovery Phase
Discovery is the exchange of information between both sides. Attorneys collect and share evidence such as medical records, accident reports, employment files, and witness statements. Each side may take depositions, which are recorded interviews under oath. This phase helps both parties understand the strengths and weaknesses of the case.
Mediation and Settlement Talks
Before trial, the court may order mediation. Mediation is a formal meeting where both sides try to reach a settlement with help from a neutral third party. If both sides agree, the case ends with a written settlement. If no agreement is reached, the case continues to trial.
Preparing for Trial
If mediation fails, the personal injury attorney prepares for trial. This includes organizing key evidence, confirming witness availability, and preparing legal arguments. The injured party may be asked to testify about the injury, medical treatment, and the impact on their life.
The Trial
At trial, both parties present their case to a judge or jury. The court will examine liability, the severity of the injuries, and the total damages. If the injured person proves their claim, the court will award compensation. This may include economic damages, non-economic damages, and in rare cases, punitive damages under Tennessee Code § 29-39-104.
Compensation in a Tennessee Personal Injury Lawsuit
Compensation in a personal injury lawsuit is based on the losses the injured party suffers due to the accident or incident. Tennessee law allows for different types of damages depending on the case.
Economic Damages
Economic damages cover direct financial losses. These include medical expenses, lost wages, property damage, and future medical treatment. The injured person must show proof of these costs using medical bills, pay stubs, and repair estimates. Accurate records help ensure full recovery of financial losses.
Non-Economic Damages
Non-economic damages compensate for pain and suffering, emotional distress, and loss of enjoyment of life. These damages are harder to measure but play a major role in most personal injury cases. Tennessee places a cap on non-economic damages. The limit is $750,000 in most cases and $1 million for catastrophic injuries such as spinal cord damage or severe burns.
Punitive Damages
Punitive damages punish the responsible party for reckless or intentional behavior. Tennessee law allows these damages only in cases involving gross negligence or intentional harm. The purpose is to deter similar behavior in the future. Punitive damages are limited to the greater of two times the total compensatory damages or $500,000.
Factors That Affect Compensation
Several factors influence the final compensation amount. These include the severity of the injury, how long recovery takes, the impact on the person’s ability to work, and the level of fault assigned to each party. Tennessee follows a modified comparative negligence rule. If the injured party is found 50 percent or more at fault, they cannot recover compensation. If less than 50 percent at fault, their compensation is reduced by their share of fault.
Contact an Experienced Memphis Personal Injury Lawyer Today!
If you or a loved one has suffered a personal injury, our team at Mogy Law Firm is ready to help. We offer clear guidance, aggressive representation, and a free consultation to discuss your case.
Contact us at (414) 334-5472 for a free case consultation today!
