Memphis Injury Lawyers: What Laws Govern Personal Injury Cases?
If you have sustained injuries in an accident that was not your fault, you may wish to know which laws apply to your court case or insurance claim. While not every personal injury statute applies to all cases, there are some general laws can be applied in most situations. The following are a few laws that govern personal injury settlements in and out of court.
Some states, including Tennessee, have a comparative fault rule. The other party may argue that you were partly or wholly at fault for your injury. Your lawyer and the lawyer for the opposing party will determine the extent of your fault. If it is determined that you have some fault, the law allows for the amount of your compensation to be reduced according to the degree of your fault. Make sure to keep this in mind.
Many states have laws that limit how long one has to file a court case after an injury. This law is referred to as a statute of limitations and has an impact on the case you might file against a company or individual you believe to be responsible for your injury. In some states, you have three years to bring your case to court. For personal injury claims against a government entity, you have six months to file a claim and two years to file a lawsuit. Failure to file your lawsuit within this time makes you risk losing the right to sue. The limit begins from the day of your accident. For more details about personal injury lawyers, visit http://global.britannica.com/EBchecked/topic/333070/lawyers.
The laws on damages caps limit the amount or type of damages the injured person may obtain in certain types of cases of for certain types of injuries. Some states have a cap restricting the amount of money one is allowed to collect for certain types of accidents or injuries in personal injury cases. This is especially the case when being awarded economic damages such as pain and suffering which some states have eliminated. In states where there are no limitations, the plaintiff can receive a lot of money in the form of compensation for lost wages, pain and suffering, medical bills, emotional distress, among others depending on the severity of the injury and how much the other party was at fault for the accident.
Tennessee is one of the states with no-fault insurance laws are also prevalent in some states and are applied in auto accident cases. A no-fault system means that in most accidents, each party's insurance provides coverage for injuries and damages regardless of who is at fault. Personal injury lawyers are familiar with all the relevant laws applicable in the states where they operate. Hiring aworkers compensation lawyer memphis tnfor your case ensures you have an expert who is highly-skilled representing you.