Several types of accidents and injuries may give rise to the filing of a personal injury claim. Indeed, in Tennessee, when the negligence or wrongful actions of another party cause harm to an individual, the injured party has the right to bring a personal injury claim to recover damages for the harm they have suffered. Learn what you need to know about the process in Tennessee. For advice specific to your case, contact the offices of Bednarz & Bednarz to schedule a complimentary consultation today.
1. Report Your Accident
Depending on the type of accident in which you are involved, it is smart to report your accident. For example, you should always report accidents involving motor vehicles. You should also report accidents that occur on private property to the property owner. If police are called, you should request a copy of the police report.
2. Get Medical Treatment
If you don’t seek medical treatment for your injuries, you will have a tough time proving damages and recovering compensation for harm suffered. You should get medical treatment as soon as possible after the accident and injury occur. Maintain thorough documentation of your medical records, and ensure that you inform your doctor how your injuries were sustained.
3. Gather Evidence
As soon as you are able, you should begin the process of gathering evidence that will be used to hold the at-fault party liable for your injuries. For example, if you are involved in a car accident, the evidence you should collect early includes photos of the accident, pictures of your injuries, witness testimony, and police reports. Suppose you are involved in a slip-and-fall accident in a store, on the other hand. In that case, evidence may include security footage of the accident, statements from eyewitnesses, and store maintenance logs or reports, among other relevant items.
4. Contact an Attorney
Contacting an attorney as early as possible is ideal. Still, if you haven’t already done so by the time you seek medical care and start gathering evidence, you should do so before filing a claim with an insurance company. Not only will an attorney review your case for free, but if they do decide to take on your case, they will help you to gather evidence, hire experts, review all documents and data related to your case, and determine the value of your claim. They will also handle the subsequent phases of the personal injury claims process discussed below.
5. Make Your Claim – Demand Letter and Negotiations
Once you have all of the evidence you need to prove that the at-fault party owed you a duty of care, breached the duty of care, and that the breach was the direct cause of your accident, and once you have evidence of your injuries, you will file a demand letter with the insurance company of the at-fault party. This may be a car insurance company or an insurance company that offers liability protection for homeowners, businesses, or renters.
Your demand letter should clearly state what happened, explain why you are holding the defendant liable, and specify the amount you are demanding for your losses. Typically, negotiations will ensue between the insurance adjuster and your lawyer. This process can go on for months.
6. File a Lawsuit
Finally, suppose a settlement cannot be reached through negotiations. In that case, you maintain the right to file a lawsuit for damages and bring your case to court, so long as you do so within the statute of limitations, which is only one year from the date of your injury in Tennessee.
Contact Our Law Office Today
To learn more about the process of filing a personal injury lawsuit and how our lawyers can assist, please call our law offices or contact us online.
