Tennessee Personal Injury Claims Process
Attorneys Serving Personal Injury Clients in Tennessee
There are a number of accident and injury types that 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 another, the injured party has the right to bring forth a personal injury claim to recover damages for the harm they have suffered. Here’s a look into what you need to know about the personal injury claims process in Tennessee – for advice that is specific to your case, please contact the offices of Bednarz Law to schedule a free consultation today.
1. Report Your Accident
Depending upon 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 very hard time proving damages and recovering compensation for harm suffered. You should get medical treatment as soon as possible after the accident and injury occurs. Keep thorough documentation of your medical records, and make sure you tell your doctor how your injuries were incurred.
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 in a car accident, evidence that you should collect early only includes photos of the accident, photos of your injuries, witness testimony, and police reports. If you are in a slip and fall accident in a store, on the other hand, evidence might include any security footage showing the accident, statements from eyewitnesses, and store maintenance logs or reports, amongst other things.
4. Contact an Attorney
Typically, contacting an attorney as early as possible is ideal, but if you haven’t already done so by the time you’ve sought medical care and started 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 next 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 state what happened, why you are holding the defendant liable, and how much you are demanding to be paid 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, if a settlement cannot be reached through negotiations, 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 bringing forth a personal injury suit and how our lawyers can help, call our law offices today. You can also reach our aggressive Tennessee personal injury lawyers by sending us a message online.