Personal injury laws as outlined under Tennesse legislature states that all accident victims must file a claim within one year of the accident or forfeit all rights to compensation. Under Section 28-3-104 of the state statutes, the state can refuse all cases that were not submitted prior to the anniversary date in which the injuries were sustained. In the event that the victim was incapacitated, it is the responsibility of their family members to hire an Injury Lawyer Murfreesboro TN on their behalf for these purposes. If you need to hire an attorney, contact the Law Office of Gritton & Gritton PLLC promptly.
Shared Fault Rulings
All personal injuries can be challenged through the shared fault ruling. If at any time that the court determines that an accident victim was at fault by any percentage below fifty percent, any available compensation is reduced by the assigned percentage. However, if the victim is identified as at fault by fifty percent, the court will not allow them to collect any monetary damages from the defendant.
Examples of instances in which shared fault is present include but not limited to moving violations, antagonizing animals, usage of drugs or alcohol in the workplace, or refusal to comply with the instruction of their physician. For example, if the victim sustained injuries during a dog attack beyond that which is covered by the one-bite rule, the dog’s owners can avoid paying damages when they can prove that the dog was abused or mistreated by the victim.
Furthermore, a victim cannot collect damages from a doctor through a medical malpractice lawsuit, if they didn’t receive adequate care if they voluntarily leave a hospital against their doctor’s orders. The doctor identified in the lawsuit can avoid payment by presenting records of the patient’s refusal.
Caps Addressed to these Cases
In the state of Tennessee, all non-economical damages are capped at $750,000. However, if the attorney can prove that the injury caused the loss of limb, fatality of a sole parent, or paralysis this cap is extended to $1,000,000.
After you sustain an injury, you should contact an Injury Lawyer Murfreesboro TN immediately. You possess a limited window of time to take action against the individual who caused your injuries. A failure to take immediate action could result in a forfeiture of your victim’s rights.
