Cleveland, TN Personal Injury Lawyer

Most of us have suffered minor scrapes, cuts, or injuries due to someone else’s actions at one point in our lives. More complex injuries, however, often require medical attention and continuing care. If you recently experienced such an injury, you may be dealing with unexpected out-of-pocket medical costs and expenses.

However, you may be eligible to recover those expenses if your injuries resulted from another person’s negligence. A Cleveland, TN personal injury lawyer could help you determine if you are eligible to receive compensation by filing a civil lawsuit. If you do decide to file a claim, distinguished accident attorney could assist you throughout the legal process, as well as represent your best interests in any court proceedings.

Personal Injury Laws in Cleveland, Tennessee

Individuals who sustain a bodily injury may file a civil lawsuit to collect damages from those responsible. According to Tennessee Code Annotated §28-3-104, a one-year statute of limitations period applies to any lawsuit claiming personal injury. Anyone concerned about potentially missing this deadline should work with a Cleveland personal injury attorney to ensure that his or her legal claim is filed in a timely manner.

There are two primary categories of damages that a plaintiff may collect in a personal injury lawsuit:

  • Economic damages, which include quantitative costs and expenses such as lost wages or medical expenses
  • Non-economic damages, such as for pain and suffering as the result of an injury

Although there is no general limit for economic damages, Cleveland courts cap non-economic damages at $750,000, according to T.C.A. §29-39-102. As a result, the maximum amount a plaintiff could collect for damages such as pain and suffering would normally be $750,000. However, there are exceptions that allow recovery for even more than this amount. A Cleveland, TN personal injury lawyer could help determine if recovery could be stunted by possible caps.

Legal Claims in a Personal Injury Lawsuit

Personal injury law incorporates a variety of legal claims, including those for intentional torts and negligence. An intentional tort is a deliberate or purposeful act that results in injury to an individual. Two common intentional torts that may arise in a personal injury case include:

  • Battery, generally defined as a harmful or offensive contact that causes injury to a person
  • Assault, generally defined as a reasonable fear of an imminent battery

By contrast, negligence claims involve unintentional conduct. To succeed with insurance claims, a plaintiff and their attorney generally must prove that the defendant engaged in unreasonable and risky behavior that directly caused injury to the plaintiff.

Comparative Fault

If the plaintiff in a Cleveland personal injury lawsuit bears some degree of responsibility for their condition, their legal recovery may be reduced. Tennessee utilizes a system of “comparative fault,” in which an individual’s own negligence proportionally reduces the amount of their potential damages.

For example, if a plaintiff is 30 percent at fault for an accident, then that plaintiff’s final damage award would be reduced by 30 percent as well. Any plaintiff who is 50 percent or more at fault would not be able to receive any compensation at all. As a Cleveland personal injury attorney, we can analyze the facts of a given case and provide an opinion on negligence and any potential comparative fault.

A Cleveland Personal Injury Attorney Is Available to Help

If you suffer any sort of physical injury, no matter how minor it may be, make sure you receive the right kind of medical care. If you are wondering if you might be able to collect compensation for any of your medical expenses from the person who caused your injury, contact us to speak to a Cleveland, TN personal injury lawyer as soon as possible.

As your dedicated local attorney, we will review the facts of your case, including the costs and expenses associated with your injury, and may be able to recommend a suitable course of action, including filing a possible lawsuit to recover damages. Call today to schedule a meeting with an experienced and passionate advocate for your rights.