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Personal Injury FAQ

In general, you have 1 year from the date of injury in Tennessee, and 2 years in Virginia to file your claim in court. Other states have different time limits. For example, North and South Carolina provide 3 years in which to file most personal injury claims in court. There are exceptions.It is the failure to use ordinary or reasonable care, either by doing something that a reasonably careful person would not do, or by failing to do something that a reasonably careful person would do, under all the circumstances. Medical, hospital, pharmacy, therapy and other healthcare bills; loss of earning capacity or profits, normally in the form of lost wages caused by time off from work; loss of the normal enjoyment and pleasures of life; pain, suffering and anguish, physical, mental and/or emotional; disfigurement or other permanent injury; aggravation of a pre-existing injury; and, loss of the services, companionship and/or affection of a spouse.In Tennessee and many other states, yes, as long as you were not 50% or more at fault. However, even if you can still recover, your damages will be reduced by your percentage of fault.
In Virginia, you cannot usually be compensated if you were partially at fault.
If the statute of limitations is not about to expire, we generally contact the liability carrier(s) and, if you have health insurance, that carrier (or carriers) as well. If the liability carrier is unknown, we’ll contact the person or entity who caused the injury instead.
When you have finished with your medical treatment, or at least reached maximum medical improvement, we obtain all of your bills and records from your examinations and treatment, as well as all other information pertinent to your claim. Then we prepare a demand package and attempt to negotiate a settlement with the liability carrier or its attorney for you. If the statute of limitations is close to expiring, we will file suit and litigate the claim and/or attempt to settle it.
Yes. If your injury arose primarily in the course and scope of your employment, then you can file a workers’ compensation claim. If someone other than your employer caused such an injury, you can file a personal injury claim against that person or entity. It depends on what and/or who caused the slip and fall. Slipping and falling by itself is not sufficient to file a valid claim, whether on a public street or private property. It must also be shown that the government entity which owns the street was somehow negligent, and that such negligence caused the injuries.
If that can be demonstrated, any suit against a local government for a slip and fall must be filed in the local Circuit Court in Tennessee. If the state of Tennessee is at fault, it must be sued in the Tennessee Claims Commission.
Your claim’s value is based on a variety of factors. The primary factors are the fault of whoever caused the accident, the total amount of medical and other healthcare bills incurred, whether you have a sustained a permanent impairment or not, and if you have lost wages.
Many other factors may bear on the value. These include the nature (including gruesomeness) and duration of your injury(ies) and treatment, your education level and/or history of earnings before the accident. Another factor is where the claim can be filed, which is known as the potential venue. Your perceived credibility and the perceived credibility of the defendant(s) and independent witness(es) are often very important factors as well.
Should I give my health insurance card(s) to the hospital and other healthcare providers who examine and treat my injuries?
Yes. Absolutely. If you have health insurance you should do so. Your health insurer can be paid back later from any recovery you obtain on your claim. It is only in rare cases that the liability carrier will pay for ANY healthcare bills until a final settlement is reached.
This depends on several factors as well. Often, the main one is how long your treatment lasts. Regardless, it almost always takes at least a few weeks to obtain all the bills and records needed, and a few more for the insurance company to thoroughly evaluate your demand package.
If suit is filed, litigation and trial will take many months, sometimes years, especially if there is an appeal.
It’s a fee which is only paid out of your recovery, based on a percentage or fraction of the recovery. That means you pay no fee unless there is a recovery in your case. It differs from an hourly or flat fee.
For example, if you recover $10,000.00 by settlement or judgment, a 1/3 contingency fee would be $3333.33.
It is generally advisable to consult with an experienced attorney prior to settling any claim; however, that is entirely up to you. In most cases, our clients prefer to settle their case after we have obtained and presented all the bills, records and other information on their claim and negotiated with the insurance company for them. This can happen before or after suit is filed. Sometimes, however, there is no choice but to take the case to trial and let the judge and/or jury decide.If you have sustained bodily injury caused by the negligence, recklessness or intentional acts or omissions of someone or some other entity, you do. Whether you can collect for your claim depends on additional factors, most of the time pertaining to insurance coverage(s).One year in Tennessee, and two years in Virginia for the most part. There are a few exceptions.A claim brought for the death of another caused by the negligent, reckless or intentionally wrongful acts or omissions of the defendant(s). Each state defines who may bring such a claim.Depending on the circumstances, yes. For example, if you (or the decedent)have auto insurance which applies to the accident, you can make such a claim by pursuing a suit against the unknown hit-and-run driver AND your own (or the decedent’s own) auto insurance carrier, if you are able to prove certain specific facts required by statute.

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  • Bristol Office
    777 Anderson Street
    Bristol, Tennessee 37620
    Phone: 423-797-6022
    Fax: 423-764-1179
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