Your Guide to Filing a Personal Injury Claim in Tennessee

We never expect accidents to occur. We seldom plan for them. We just don’t think they’ll happen to us. Unfortunately, things like car crashes, injuries from defective products, slip-and-fall accidents, and medical malpractice do happen—and with alarming frequency—often leaving victims confused and uncertain about how to proceed. When is it best to file an insurance claim? Is Filing a personal injury claim always best?

Suffering a serious injury can be one of the most stressful experiences in your life. Facing physical pain, emotional trauma, and mounting financial losses from medical bills and an inability to work, you may begin to feel overwhelmed. This is where an attorney can be indispensable. Filing a personal injury claim to seek compensation for medical expenses, lost wages, pain and suffering, and other damages can help provide the relief you need to start rebuilding your life.

At The Haynes Firm, we understand how difficult it can be to determine the next steps after an accident. Our team of experienced personal injury attorneys is here to listen to your story and provide straightforward advice on how best to proceed. Dedicated to helping victims of catastrophic injury seek fair compensation, we’ll take on the task of fighting for justice, allowing you to focus your energy on recovering physically and emotionally so you can get on with your life.

To schedule your FREE consultation with one of the Johnson City personal injury attorneys at The Haynes Firm, call us at 423-928-0165 right away. We help people who have sustained severe injuries from accidents in the Tri-Cities Area, Elizabethton, Jonesborough, and throughout Tennessee.

Insurance Settlement vs. Filing a Personal Injury Claim

When you’re injured in an accident, you may automatically assume insurance is the best way to seek compensation. Accidents are, after all, the reason that we have insurance. However, depending on the type of accident you have been involved in, there could be very complex laws surrounding how insurance works. For example, following a car accident, the at-fault party’s insurance will not likely pay anything towards medical expenses, lost time from work, or other expenses for your bodily injury, until your case is ready to be resolved in full.

Even when the process is cut and dry, insurance claims typically involve negotiating with insurance adjusters from the liable party’s insurer. These companies have a contract with the person responsible for your injuries—not with you, the victim—meaning they don’t necessarily represent your best interests. What’s more, in some cases, insurance companies may try to offer a quick settlement that looks good at first but will fail to cover all of your damages. The problem is that once you have accepted a settlement, you will no longer have the option of filing a personal injury claim. Talking to an attorney before you negotiate with insurance can help to protect you against low-ball settlement offers and work to ensure you retain your right to seek the full compensation you are due.

Filing a personal injury claim allows you to pursue damages beyond what an insurance policy might cover, including pain and suffering, emotional distress, and loss of quality of life. At The Haynes Firm, our personal injury lawyers take the time to carefully evaluate cases involving serious injury, enabling us to make an accurate assessment of damages and determine their true worth. Before you accept an offer from insurance, talk to one of our attorneys for free to make sure you are choosing the best option for your claim.

The Issue of Liability

Determining liability is one of the most important aspects to consider before filing a personal injury claim. However, establishing fault can be incredibly complex, requiring a thorough investigation that goes beyond initial accident reports. Again, this can be further complicated by the type of insurance—homeowners, auto, business, professional liability, etc.—involved in the claim.

For example, there may be more than one driver who is determined to be at fault in a vehicle accident. Under Tennessee’s modified comparative fault rules, an injured party may still be able to obtain compensation for damages if they are found to share less than 50% of the responsibility for the accident.

Let’s say a driver at a stop sign, after coming to a complete stop, turns left without signaling. At the same time, another driver fails to stop at the sign at all, resulting in a collision. If a jury determines that the driver who ran the stop sign is 85% at fault for the crash, finding the injured

driver 15% at fault, then the judge will reduce the jury’s damages verdict accordingly. So, if the plaintiff is awarded $20,000 for damages in this hypothetical, the total verdict would be reduced by 15% to the sum of $17,000.

This is, of course, just one example of how liability plays a role in determining compensation. Things may look different in cases of premises liability, medical malpractice, or claims involving defective products.

An experienced injury attorney will investigate your accident to identify all liable parties and help ensure fault is properly established. This helps to ensure your right to seek compensation is protected and, in some cases, can also help to promote accountability and increase public safety.

At The Haynes Firm, our Tennessee personal injury lawyers conduct thorough investigations to gather evidence before filing a personal injury claim. This may include reviewing accident and medical reports, interviewing witnesses, and working with accident reconstruction experts to get a clear understanding of what happened. In this way, we can build the strongest case for compensation and seek the full damages you are entitled to.

What Is the Timeline for a Personal Injury Claim?

Each personal injury claim is unique. However, many follow a similar timeline, which often includes:

• A Free Initial Consultation. Your initial consultation is your opportunity to provide your potential attorney with information regarding your claim. It will also allow you to ask questions and determine if the lawyer you are speaking with is the right one for your needs.
• The Investigation. Once you have selected a personal injury lawyer, they will investigate your accident. The evidence gathered during this process will help determine fault and provide support for your claim.
• Filing a Personal Injury Claim. If there is sufficient evidence to support your claim, a lawsuit will be filed on your behalf. Your attorney will ensure the necessary documents are provided to the court to keep your claim moving within specified timelines.
• The Discovery Process. During discovery, attorneys from both sides will gather additional evidence to either support or refute your claim. This can involve interviewing witnesses, consulting with various experts, and similar investigative measures.
• Negotiations. Following discovery, both sides will get together to negotiate a settlement. This is where most personal injury claims end. However, if negotiations are unsuccessful, a trial may be required to pursue compensation.
• Litigation. When a settlement cannot be reached, the claim will proceed to trial. Having an experienced and proven trial lawyer becomes essential at this stage. During the trial, evidence is provided to a jury in pursuit of a verdict that awards damages.

At The Haynes Firm, our personal injury team has decades of experience—both in and out of the courtroom—fighting for the rights of injury victims. Recognized by Best Lawyers^® and U.S. News & World Report as among the best lawyers in the country, our attorneys have also been recognized by Super Lawyers^®, the National Trial Lawyers Association^®, and others for their success in litigating complex cases involving medical malpractice, auto accidents, and more. If you need an experienced attorney, reach out today for a FREE case review to learn how we can help.

A Few Things to Keep in Mind

Things that can have a bearing on your case include:

Tennessee’s Statute of Limitations

It’s essential to act fast when filing a personal injury claim. For most of these cases, Tennessee’s statute of limitations only allows an individual one year to take legal action. However, before you conclude that your case is barred by the statute of limitations, you should speak with one of our lawyers. Some issues can allow for an extension of the statute of limitations for medical malpractice, auto injury, and other claims.

Damage Caps in Tennessee

An injured party may be awarded compensation for various damages in Tennessee personal injury claims, including:

• Economic damages such as medical bills, current and future lost wages, damage to personal property, the cost of adaptive housing and technologies, and the cost of the value of the spouse’s household services.
• Noneconomic damages such as pain and suffering, emotional distress, psychological injuries, loss of enjoyment of life, and loss of consortium.

There are caps on noneconomic damages in Tennessee. Under most circumstances, this cap is $750,000 per person. However, in catastrophic injury cases, the cap is increased to $1 million per person. There are no caps on economic damages in Tennessee.

The Haynes Firm Is Here to Help

At The Haynes Firm, we have provided client-focused legal representation for over 70 years. Our attorneys understand the emotional and financial toll an accident can take on individuals and families. We are dedicated to doing everything possible to secure the compensation our clients deserve.

Proven negotiators and skilled litigators, our commitment to our clients goes beyond legal proceedings. We offer compassionate support, clear and consistent communication, and personalized attention to ensure you are fully cared for during the entire process.

Do You Have Questions About Filing a Personal Injury Claim? Contact Us for Free

If you have been injured or a loved one has been killed in an auto accident, by a defective product, on poorly maintained premises, or by a medical professional, we want you to know that you are not alone. Contact The Haynes Firm online or call our Johnson City office today to schedule your FREE case evaluation and let us help you seek the justice you need to heal.