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Tennessee Personal Injury Law: Rights, Claims & Compensation
Navigating your journey from injury to justice under Tennessee law
Personal injuries can impact your life in a split-second, affecting your physical, emotional, and financial health in ways you probably hadn't imagined. The law gives you important legal rights after an accident in Tennessee, allowing you to hold responsible parties accountable and seek compensation for your losses.
Knowing if you are eligible to file a claim and the types of damages you can recover is necessary in order to act after someone else’s negligence caused your injuries. With the right legal guidance on your side, it’s possible to turn a painful setback into a healing journey. Call us today to schedule your free consultation, and we can discuss all your legal options.
Table of contents
- Overview of Tennessee personal injury law
- Who has the right to file a personal injury claim in Tennessee?
- Statute of limitations for personal injury claims in Tennessee
- Modified comparative fault in Tennessee
- Burden of proof in Tennessee injury cases
- Tennessee injury claim compensation
- Our Tennessee-based personal injury lawyers can help
"When I was a teenager, Dad got hurt. Insurance company wouldn't pay. We lost our house. But, Dad got a lawyer and we got justice. That's the moment I decided to become an attorney. As a lawyer, I have dedicated my life to helping injury victims."
~ Rocky
Overview of Tennessee personal injury law
Tennessee’s personal injury law addresses situations in which an individual is injured in a physical, emotional, or financial way due to the actions of another person or their failure to exercise due care. The laws cover various events, like car crashes, truck accidents, falls, dog bites, third-party workplace injuries, defective products, and even intentional and criminal situations like assault.
The primary purpose of civil liability and these injury claims is to hold accountable anyone whose negligence, recklessness, or intentional wrongdoing causes harm. Tennessee’s personal injury law is designed to protect injured individuals and make them “whole” by requiring the responsible party to compensate the victim for certain harms and losses (called damages).
These laws allow injured people to recover costs for medical bills, lost wages, pain and suffering, and, in some cases, even more if recklessness or intentional harm can be proven.
Who has the right to file a personal injury claim in Tennessee?
According to personal injury rights in Tennessee, an injured person often has the right to seek compensation from individuals or businesses that caused their harm, either through negligence or wrongful acts. When injuries result from someone else’s negligent driving, failing to maintain safe property, producing a dangerous product, or acting recklessly or violently, an injured person's rights in Tennessee may include the right to bring a civil claim.
If you're unsure whether you qualify, it's always a good idea to reach out to a legal professional and schedule a free consultation.
Statute of limitations for personal injury claims in Tennessee
Knowing the statute of limitations is critical for anyone pursuing compensation after an injury in Tennessee, as these rules are strictly enforced and can make or break your case.
One-year deadline for most injury claims
Most personal injury lawsuits in Tennessee must be filed within one year of the date of injury. If you fail to initiate the lawsuit by that deadline, your right to do so is forfeited and you won’t be able to recover any compensation, even if you would otherwise have a really strong claim.
Exceptions to the 1-year deadline
There are sometimes exceptions that extend the deadline. Common ones include:
- The Discovery Rule: In limited and narrowly applied circumstances, the discovery rule might apply. This states that injured parties have one year from the date that they knew or should have reasonably known that their injuries and the accident were caused by someone’s negligence. If they had no way of knowing, the deadline can be extended.
- Injured children: In many cases, if the injured party is under 18, the deadline is extended, and the statute of limitations doesn’t start running until they turn 18. As a result, someone injured at a very young age may not face a filing deadline for many years, but must file within one year after turning 18. However, in order to claim medical bills that are related to the medical treatment a minor receives, the claim needs to be filed within 1-year of the accident.
- Incompetent victims: If the injured individual is legally incompetent, the statute of limitations may be paused until they regain competency, depending on the circumstances.
- Fraudulent concealment: If a responsible party hides their actions and keeps you from discovering who or what hurt you, the time to sue is put on hold until you find out or reasonably should have found out the truth.
- At-fault person charged with a crime: If the at-fault person is charged with a crime, the one-year deadline may be extended. However, it is best to speak with an attorney as soon as possible to see if this would apply.
With personal injury claims in Tennessee, timely legal action is essential, as waiting too long can mean recovering nothing even when you've suffered serious
Modified comparative fault in Tennessee
Tennessee follows a modified comparative fault rule when deciding who can recover damages in a personal injury claim. Under this system, responsibility for an accident can be divided among everyone involved, including the person bringing the claim. If you’re partially at fault, your compensation could be reduced by the percentage of your own responsibility.
How Tennessee law affects compensation and recovery
Under this rule, injured parties can recover damages as long as they are less than 50% responsible for the accident and their injuries. For example, if it’s determined that you were 25% at fault and you were awarded $100,000, you would be able to recover 75% of that award - $75,000. If it’s decided that you were 50% or more responsible, you get nothing.
Insurance companies and defense attorneys often use comparative fault rules and negligence standards to reduce their own financial responsibility after an accident, arguing that they shouldn’t have to pay out as much or anything at all because the victim was responsible for the accident.
Burden of proof in Tennessee injury cases
In Tennessee injury cases, the plaintiff has the burden of proof, meaning they must prove that the accident occurred and that someone else caused it. The standard used is called "preponderance of the evidence," which means the plaintiff must demonstrate that it is more likely than not that the defendant was at fault.
If the injured person can't meet this burden with facts, witness testimony, and documentation, the court will side with the defense, and no compensation will be awarded.
Tennessee injury claim compensation
Tennessee injury compensation laws are designed to make the injured person "whole" again by covering not just direct expenses, but the lasting consequences of the accident too. Your settlement rights focus on fair compensation for everything you’ve lost that is related to your injury and the accident.
Economic vs. Non-economic damages
Injury victims who are eligible to file personal injury claims may be eligible for different types of damages, broken into two categories usually referred to as economic and non-economic.
Economic damages are financial losses that can be proven with objective evidence, such as bills, receipts, or tax returns, to show lost income. This usually includes costs related to your injury, including medical expenses, lost wages, property damage, and other out-of-pocket costs you face because of the accident.
Non-economic damages are for losses that can’t be objectively quantified, like pain and suffering, emotional distress, or loss of enjoyment of life.
These types of damages make up most personal injury compensation awards under Tennessee law.
In rare situations, punitive damages may be awarded. This occurs when the defendant’s actions are particularly egregious and can be shown by clear and convincing evidence to involve malice, fraud, recklessness, or intent. These damages are awarded to punish the defendant for this behavior and send a message to them and others to prevent this type of action in the future.
Our Tennessee-based personal injury lawyers can help
If you’re hurt because of someone else’s negligent behavior, you deserve help getting justice and compensation for your losses. Our Tennessee personal injury lawyers have been handling injury cases for more than 20 years, and we’re prepared to build the strongest case possible to help you get the outcome you’re looking for. You can schedule a free consultation and visit one of our convenient offices whenever you’re ready to learn more about your options.
Clarksville Location: 2197 Madison Street, Suite 103, Clarksville, TN 37043
Hendersonville Location: 475 Saundersville Rd., Hendersonville, TN 37075
Murfreesboro Location: 2805 Old Fort Parkway, Suite H, Murfreesboro, TN 37128
Music Row Nashville Location: 1102 17th Avenue South, Suite 301, Nashville, TN 37212
East Nashville Location: 615 Main St., B21, Nashville, TN 37206
Nashville Location: 545 Mainstream Dr. #405, Nashville, TN 37228
Contact Rocky McElhaney Law Firm to schedule a free consultation
As you move through the aftermath of a serious injury, know that Tennessee’s personal injury laws are designed with your protection in mind. Honestly documenting your injuries and contacting qualified legal help can increase your chances of a successful claim. We know how to build a strong case, and we’re prepared to be by your side at every turn. Contact us today to schedule your free case evaluation with a Tennessee personal injury lawyer.
Nashville Location
545 Mainstream Dr. #405
Nashville, TN
East Nashville Location
615 Main St., B21
Nashville, TN
Hendersonville Location
475 Saundersville Rd.
Hendersonville, TN
Clarksville Location
2197 Madison Street, Suite 103
Clarksville, TN