If you were hurt because another person was negligent in their actions, you have the right to file a personal injury claim. Doing so gives you the chance to recover compensation for your financial losses and physical pain.
It only makes sense, considering you were simply going about your life when someone else's careless behavior caused you harm. Why should you be stuck footing the bill? This is why personal injury law exists.
There are many kinds of personal injury accidents, with motor vehicle accidents being the most prevalent. For automobile crashes, slip-and-falls, medical malpractice, and other personal injury situations, there are different factors that can affect the value of your personal injury claim.
Take a look at what could make the value of your claim higher or lower when seeking compensation.
Severity of Injuries Sustained
Among the heaviest factors that determine how much a personal injury claim is worth is the severity of the injuries you've sustained. Those who have endured serious injuries, especially ones that cause permanent disabilities, will be awarded a higher value for their claim.
Your Contribution of Fault
In Tennessee, the comparative negligence doctrine has a major impact on your compensation. If you are found to share some of the blame, your awarded compensation would be reduced by that percentage of fault. As the state uses modified comparative negligence, you can still recover damages unless you are 50% or more at fault.
This is why so many injury victims hire a personal injury lawyer. There are plenty of scenarios where the at-fault party's insurance company will try to cast more blame on the victim to lower the payout. With legal representation, you'll have someone staying ahead of the game and avoiding these pitfalls.
Your Medical Bills and Other Damages
Personal injury cases arise because of the physical harm that has been caused. When you are injured, you'll likely seek medical treatment, which tends to produce hefty medical bills. You may have needed an ambulance or underwent life-saving surgery in the moments following your accident.
Your medical treatment may not stop there, requiring the need for ongoing treatment and visits with specialists. These aren't the only financial impacts you'll wind up with, though. You may not be able to work until you heal. In some cases, you may be permanently disabled and unable to work again.
Even if you are expected to make a full recovery, you may need to hire help around the house or arrange for travel assistance. Talk to an attorney about your expenses that were brought on by this unfortunate event. They can help you collect evidence to prove how much you've spent and what you'll likely have to spend in the future.
How Strong Is Your Personal Injury Claim?
In a personal injury claim, it is the responsibility of the injured party to show that the other party was negligent. Negligence is the common factor for all personal injury cases, and you will need to prove this to hold the other person liable for your financial losses.
This can be done through evidence and careful documentation. Ideally, you will be keeping a file of all relevant materials related to your personal injury. You should keep your medical records and receipts, police reports, and any other expenses together. It's also important to keep a journal about how these injuries have affected your daily life.
In other words, it's the evidence that you have to present in your case that factors heavily in the value of your claim. If you have photos and videos of the accident scene, witnesses, surveillance footage, and expert witnesses, it can make it difficult for the other side to avoid responsibility.
Negotiating in Your Favor
Another reason you will want to consider hiring a personal injury lawyer is for their negotiation skills. Trying to negotiate with insurance companies for a fair settlement while you are in pain may be difficult. It also requires a more in-depth knowledge of the laws to be able to sway things in your favor.
Nashville injury attorneys can help you find the right evidence to build a strong case. They can help calculate the full extent of your damages and negotiate for the right amount to cover your damages. Speaking with an attorney in a free consultation can shed light on what to expect as you move forward with your claim.