At the Law Offices of Ogle, Elrod & Baril, PLLC, we understand how a personal injury caused through no fault of your own can change your life in an instant. To get you through this challenging time, we may be able to help you pursue compensation from the party responsible for your personal injury.
A personal injury lawyer in Corryton from our firm can speak with you during a free, no-obligation consultation about the legal options available to you for recovering compensation for your medical bills, lost wages, pain and suffering, and other damages.
Call us today at 865-546-1111 to schedule your appointment.
We Investigate the Accident That Caused Your Personal Injury
Our investigation of your personal injury accident includes securing evidence that strengthens your claim. The evidence we collect depends on how you suffered your personal injury. For example, if you were injured in a truck accident, we may collect evidence that includes:
- Your medical records
- A police or incident report
- Photographs of the accident scene
- Traffic camera or surveillance video
- The truck’s inspection, repair, and maintenance records
- The truck driver’s hours of service on the day of the accident
- Eyewitness statements
We also work with subject matter experts, including medical expert witnesses, and accident reconstruction specialists. We take the evidence that we secure from a variety of resources to build a strong personal injury claim.
The Four Elements of Negligence in a Personal Injury Case
Proving negligence is essential to recovering compensation in a personal injury case. To win this type of case, we must prove the following four elements of negligence:
- Duty of care
- Breach of duty
To apply this to your case, we must show that the defendant owed you a duty to avoid causing you harm. And the defendant breached this duty. The defendant caused an accident that injured you, and you suffered damages as a result of the defendant’s negligence.
We use the evidence that we collect to help prove these elements of negligence.
Insurers May Apply Comparative Negligence to Devalue Your Claim
An insurance adjuster may scrutinize a personal injury claim to find a way to reduce the settlement amount. One way this can be done is through Tennessee’s comparative negligence law.
Under comparative negligence, an injury victim’s settlement amount reduces based on the percentage of fault the victim contributed to the injury. For example, if you stopped your car abruptly and your brake lights were not working, and someone rear-ended your vehicle, you may be found partially responsible for not having functioning brake lights.
Per the comparative negligence law, you can still recover compensation if you were found to be 49 percent or less at fault for an accident.
The Severity of an Injury Affects the Worth of a Claim
Individuals filing personal injury claims often ask, “What is the value of my claim?” Generally, the severity of an injury plays a key role in determining the value of a claim. In other words, the more severe an injury, the more compensation an injury victim could possibly recover. This is mainly because more serious injuries usually require ongoing medical care during a long-term recovery.
Your claim would also increase in value if you suffered a catastrophic injury or loss, as defined by Tennessee’s law. For instance, Tennessee allows awards of up to $1 million in non-economic damages for a catastrophic injury or loss that includes:
- A spinal cord injury that results in paraplegia or quadriplegia
- Amputation of both hands, both feet, or one of each
- Third-degree burns over 40 percent or more of the body, or third-degree burns up to 40 percent or more of the face
- Wrongful death of a parent with surviving minor children
We can estimate the value of your claim based on other damages you suffered, including:
- Your present and future medical expenses
- Your present and future lost wages
- Loss of earning capacity
- Loss of personal property
- Repair or replacement of a vehicle
- Pain and suffering
- Emotional distress
- Mental anguish
Depending on the circumstances of your personal injury accident, you might be entitled to pursue punitive damages. Punitive damages are intended to punish defendants for the harm that they caused to someone else because of their negligent behavior.
To be awarded punitive damages, a claimant must prove by “clear and convincing evidence” that a defendant acted “maliciously, intentionally, fraudulently, or recklessly.”
Tennessee allows punitive damages to be capped at twice the amount of compensatory damages or $500,000, or whichever is greater. A personal injury lawyer in Corryton can speak with you about whether you may consider pursuing punitive damages based on the facts of your case.
We Negotiate Your Personal Injury Claim on Your Behalf
Rather than spending your recovery time hassling with an insurance company over your claim, we can file your claim and communicate with insurers on your behalf.
Our lawyers know the tactics insurance adjusters use to devalue claims. And we have the experience to counter challenges brought by insurance adjusters. We negotiate fair settlements and protect your rights throughout this process.
Sometimes adjusters may deny a claim or fail to reach a fair settlement agreement that covers all of an injury victim’s damages. Although we prefer settling claims out of court, there are times when we file personal injury lawsuits to allow a court to resolve the case.
Call The Law Offices of Ogle, Elrod & Baril, PLLC Today
You have one year from the date of your injury to file a personal injury claim under Tennessee’s statute of limitations. The sooner you decide to pursue compensation, the sooner we can build a personal injury case for you.
If you want legal guidance on the next step to take to recover your damages, call us for a free consultation with a personal injury lawyer in Corryton from Ogle, Elrod & Baril, PLLC.
Call us at 865-546-1111.