At the Law Offices of Ogle, Elrod & Baril PLLC, we help Hamilton County residents who have suffered personal injuries because of someone else’s negligence pursue compensation for their financial losses. We conduct a thorough investigation of accidents, file injury claims, and negotiate a settlement on behalf of injury accident victims.
If you suffered an injury and you believe you have a viable claim, contact us for a free, no-obligation consultation with a personal injury lawyer in Hamilton County, TN. We can help you get compensation for your lost wages, medical bills, pain and suffering, and other damages. Call us today at 1-865-546-1111.
We Investigate Your Accident to Prove Negligence
The key to establishing a successful claim is proving that another party’s negligence caused you harm. To do this requires us to conduct an investigation into the event that caused your personal injury. Our probe includes obtaining relevant evidence that will strengthen your injury claim.
For instance, if you were a pedestrian walking across a crosswalk and were hit by a car that ignored a stop sign, we would collect such evidence as:
- Your medical records that show the nature and extent of your injury
- A police report of the accident
- The driver’s past traffic offenses
- Surveillance or traffic camera video of the accident
- Photographs of the accident scene
- Photographs of your injuries
- Eyewitness statements of your accident
We Must Prove Four Elements of Negligence in Your Claim
For your personal injury case to have a favorable outcome, we must prove the following four elements of negligence:
- Duty of care: The defendant owed you a duty of care to avoid causing you harm.
- Breach: The defendant breached this duty.
- Negligence: The defendant’s negligent actions caused your injuries.
- Damages: You suffered physical injuries, financial losses, and other damages as a result of the defendant’s negligence.
We can use a car accident as an example to demonstrate these elements:
Driver A ignored a red light and went speeding through an intersection. Driver A T-boned Driver B who had the green light. Driver A owed Driver B a duty to drive carefully. Driver A, however, breached that duty by failing to stop at the red light. As a result of Driver A’s negligence, Driver B suffered physical injuries, a wrecked car, and other financial damages.
You can rely on us to gather the evidence needed to prove how another party’s negligence caused your personal injury.
Filing a Personal Injury Claim Against Local Governments
Hamilton County and other local governments in Tennessee have immunity from lawsuits or claims. But, the Governmental Tort Liability Act (GTLA) removes immunity in certain cases to allow claims or lawsuits to be brought against a local government.
The Law Offices of Ogle, Elrod & Baril PLLC know about the special procedures local governments have for handling personal injury claims or lawsuits. The same procedures apply to school districts, which are also considered a part of a local government.
An injury accident victim who does not follow the guidelines for suing a local government could lose the opportunity to pursue much-needed compensation. Having a personal injury lawyer in Hamilton County, TN handle the complexities of filing cases against the government will increase the likelihood of you recovering compensation.
The GTLA Limits Compensation for Damages
Even if we are successful in proving fault, the GTLA caps the amount of damages awarded in personal injury cases. The compensation amounts are limited to:
- $300,000 for bodily injury or death of one person per accident, occurrence, or act
- $700,000 for bodily injury or death of all persons per accident, occurrence, or act
- $100,000 for injury to or destruction of property
The GTLA does not cap compensation on private companies that contract with local governments. For instance, some school districts contract with a private company for bus transportation services. If a school bus driver and the private company that owned the school buses were found liable for causing a personal injury accident, the GTLA would not limit the compensation amount for the private bus company as it would a school district.
The Type of Damages You Can Claim for a Personal Injury Accident
In many personal injury claims, medical bills top the list of damages because of the high costs of treating injuries. These expenses can include ongoing out-of-pocket costs for doctor visits, surgeries, or diagnostic tests. You may also recover damages for your future medical bills, depending on the type of personal injury you suffered.
Besides medical expenses, you may also pursue compensation for your:
- Physical therapy
- Prescription medication
- Assistive mobility devices
- Lost wages (present and future)
- Property damage (if your car was damaged in an accident)
You may also pursue compensation for non-economic damages, such as:
- Pain and suffering
- Emotional distress
- Mental anguish
Time Limits on Filing A Personal Injury Claim
Due to state laws, you have a time limit on how long you can wait to file a personal injury claim—each state varies in the amount of time they allow a person to do this. Under Tennessee Statute of Limitations, you have one year from the date of your accident to file a personal injury claim. After this time, you lose your opportunity to recover compensation for your physical, financial, and emotional losses resulting from your personal injury.
Let The Law Offices of Ogle, Elrod & Baril PLLC Help You With Your Personal Injury Claim
We work on contingency, which means you do not pay us unless we win compensation for your case. When you are our client we will gather evidence, negotiate a settlement on your behalf, and take your claim to court if necessary.
To schedule a free consultation, call a personal injury lawyer in Hamilton County, TN at the Law Offices of Ogle, Elrod & Baril PLLC today at 1-865-546-1111.