If you or your loved one suffered a serious personal injury because of someone else’s negligence, the Law Offices of Ogle, Elrod & Baril PLLC can help you hold the person or entity legally liable for your injuries and damages.
You may have already paid thousands of dollars for medical treatment of your personal injury. We can file a personal injury claim or lawsuit to pursue compensation for your medical bills, lost wages, and other accident-related expenses. To determine whether you have a viable claim, call us today at 865-546-1111 to schedule a free, no-obligation case evaluation with a personal injury lawyer in Murfreesboro, TN.
Investigating Your Personal Injury Claim
To build a solid personal injury case requires an investigation to determine fault for the accident that caused your personal injury. We usually discover during an investigation that the at-fault party’s negligence played a role in accident. For instance, personal injuries can occur when a driver speeding through a stop sign or traffic signal light hits a pedestrian crossing the road. In this instance, the driver’s negligent action of failing to obey traffic signs and signals caused the pedestrian’s personal injury.
Determining fault is necessary because Tennessee is a “fault state” when it comes to pursuing compensation in a personal injury claim. Tennessee requires the party at fault for a personal injury to pay for damages. So, you may be eligible to recover monetary damages from the party that caused your personal injury and that party’s insurance company.
Having Solid Evidence Will Strengthen Your Personal Injury Claim
During our investigation of your car accident, we collect evidence to support the facts of your claim. The type of evidence we gather depends on how your accident happened and the injuries and damages you suffered. For example, if you were injured in a drunk driving accident, we would determine whether the driver had prior traffic violations or drunk driving convictions that may have caused injuries or death to others.
Other evidence we may gather in your personal injury case includes:
- Your medical reports
- Photographs of the accident scene
- Eyewitness statements
- Accident reports from law enforcement agencies
- Property damage estimates
- Statements from eyewitnesses
- Video footage of your accident
Some investigations require us to send letters to companies requesting accident-related evidence. This may be the case if you sustained a personal injury in an accident involving a large commercial vehicle like a semi-tractor trailer.
A Personal Injury Claim Must Prove the At-Fault Party’s Negligence
Prevailing in a personal injury claim means having to prove the following four elements of negligence against the individual or entity, also called the “defendant,” responsible for causing your injury:
Duty of care
This means that the defendant responsible for causing your personal injury had a duty to act in a reasonable way that would not cause you harm. For example, a driver has the responsibility to follow the rules of the road. One of these rules is to not operate a vehicle while under the influence of alcohol.
Breach of duty
In this element, we prove that the defendant breached this duty and caused you harm. For example, if you were injured by a drunk driver, we would show that the driver breached a duty of care by driving under the influence of alcohol.
This element shows how the defendant’s negligent action caused your injuries. In the drunk driving example, a driver’s negligent action of driving while impaired can cause an accident.
In this element, we show how you suffered damages because of the defendant’s action. Your damages may be financial, such as paying medical bills and losing wages from your job, and non-economic, such as the emotional distress caused by personal injury.
The Type of Damages You Can Recover in a Personal Injury Case
We can determine the value of your case based on the financial and non-financial damages you sustained from your personal injury. You may pursue reimbursement for such damages as:
- Medical expenses
- Home health care
- Prescription medication
- Lost Wages
- Medical Mobility Devices
- Property damages
- Funeral expenses
- Pain and suffering
- Emotional distress
We may also pursue punitive damages depending on the circumstances of your personal injury or if your loved one died in the accident. Punitive damages are awarded when the at-fault party’s willful acts were malicious, violent, or grossly reckless and caused harm to others. Punitive damages are intended to deter others from engaging in similar behavior.
Filing Deadline for Personal Injury Claims
Tennessee’s Statute of Limitations gives you only one year from the date of your personal injury to file a claim or a lawsuit to recover compensation. While a year seems like a long time to file a complaint, keep in mind that it takes time to send letters, secure crucial evidence, and contact eyewitness.
So, the sooner you decide to contact us to discuss your personal injury in Murfreesboro, the sooner we can determine whether you have a viable case. From there, we can begin our investigation.
We Negotiate Fair Settlements
Our team of attorneys have experience in negotiating claims and reaching settlements on behalf of our clients. Insurance companies do not like dealing with lawyers because we know the tactics they use to avoid paying a fair settlement.
We can typically reach a settlement with most insurance companies. However, some cases are more complicated than others, and insurers do not want to settle for the compensation amount we believe our clients deserve. In these instances, we may file a personal injury lawsuit to resolve the matter.
Schedule Your Free, No-Obligation Consultation Today
The dedicated attorneys at the Law Offices of Ogle, Elrod & Baril PLLC help personal injury victims and their families move forward by protecting their rights and fighting for the compensation they deserve after a life-altering experience.
Call us today at 865-546-1111 to arrange a case evaluation with a personal injury lawyer in Murfreesboro, TN.