Seeking Compensation after a Car Accident
If you have been harmed as the result of another person’s carelessness behind the wheel, you may be able to recover damages related to the accident through a negligence claim. In general, this requires proving four elements. First, the injured individual must show that the defendant owed him or her a duty of care. Next, there must have been a breach of this duty. The breach also must have directly caused the crash, and finally the victim must have suffered quantifiable damages.
All drivers owe one another a duty to drive responsibly and obey the rules of the road. A breach of this duty may be shown by a negligent driver exceeding the speed limit, or driving while texting on a cell phone. Negligence may also include failing to take into account particular road conditions, such as heavy snow or rain, among other examples.
A victim in a motor vehicle accident would need to prove that his or her injuries were foreseeable. This is part of the element of causation. The other part consists of showing that the crash would not have happened but for the defendant’s breach.
Damages in a negligence claim often include economic costs, such as lost income and medical bills, as well as non-economic forms of harm like pain and suffering. In some situations, the injured person may bear some fault for an accident. Tennessee law applies a modified comparative fault rule. Under this standard, damages may be reduced according to the victim’s percentage of fault, but they will not be eliminated as long as the victim is not 50 percent or more responsible for the accident. An experienced Nashville car accident attorney can help you navigate these complex issues.
Holding Negligent Property Owners Accountable for a Slip and Fall
Victims of slip and fall accidents may be able to recover monetary damages for their injuries. Lawsuits brought against a negligent property owner are called premises liability claims. Under Tennessee law, property owners have an affirmative duty to people who are lawfully on their property to maintain their premises and repair hazards of which they should know.
To hold a property owner liable for damages, the victim would need to prove the four elements of a negligence claim. The defendant must have known or should have known of the dangerous condition, and the defendant must have failed to take appropriate measures to fix or warn of the condition. The failure to take action must have resulted in the accident, and damages must have arisen from it as well.
It is important to pursue a personal injury claim as soon as possible after you are hurt. Tennessee law requires that these lawsuits must be brought within one year of the accident. Unless certain narrow exceptions apply, a victim will not be able to assert the right to compensation if he or she fails to meet this deadline.
Consult an Experienced Attorney after a Nashville or Middle Tennessee Accident
If you or a loved one has been involved in a car accident or another incident of negligence in Nashville or anywhere in Middle Tennessee, enlisting a knowledgeable lawyer can make a critical difference. Eric Beasley can guide you through the process of understanding your rights and seeking compensation for your harm. Mr. Beasley frequently lectures for the Tennessee Continuing Legal Education program on the topic of personal injury lawsuits. He also shares his extensive knowledge of the law by publishing related articles in nationwide CLE manuals. Nashville car accident lawyer Eric Beasley has assisted hundreds and hundreds of injured victims throughout but not limited to Middle Tennessee, Metro Nashville, Lebanon, Murfreesboro, Goodlettsville, and Hendersonville, as well as communities throughout Davidson, Robertson, Sumner, Wilson, Rutherford, and Williamson Counties. For a free consultation, call us at (615) 859-2223 or contact us online.
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Source: http://docphy.com/business-industry/personal-finance/insurance/dedicated-lawyer-serving-injured-individuals-nashville-middle-tennessee.html
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