If you were hurt in a car wreck along Papermill Drive, slipped and fell at Calhoun’s, or developed a chronic illness due to toxic exposure, then you have a personal injury claim. These types of injuries, and others that occur because of the actions of someone else, are personal injury claims. If you’re working with a Knoxville personal injury lawyer, you’ve probably heard them talk about negligence and compensation, but what is it?

Negligence is the crux of personal injury matters, allowing one party to demand monetary compensation from another. However, to successfully secure compensation for your personal injury damages, you must prove that the other party was negligent. The evidence your lawyers use to prove negligence differs depending on your circumstances, but the process remains the same, no matter the type of personal injury case.

What is negligence?

All Tennessee personal injury claims rest on the four-prong concept of negligence:

  • One party (a person or entity, like a medical care facility) owes a duty of care to another person
  • The first party failed to fulfill this duty of care through oversight, malicious action, or carelessness
  • Because the first party abandoned their duty of care of care for the second party, the second party suffered harm
  • The harm the second party suffered cost them money

The term “damages” refers to the collective losses suffered by personal injury victims, who are called plaintiffs in legal proceedings. These losses include all necessary medical care to heal and recover, plus consideration for non-material losses, such as pain and suffering.

We understand that a cash settlement cannot undo the injuries you suffered or take away the terror of the accident. What your settlement can do, though, is provide the means for quality medical care so you have the best chance of a full recovery, counseling to help you overcome the pasting anxiety or PTSD from the event, and compensate you for the overall negative impact that the incident had on your life.

Proving negligence in Tennessee personal injury claims

Your attorney must establish that all four elements of negligence are present in your case. Our legal team collects evidence supporting each part of the concept of negligence, then builds the case using that evidence and our thorough knowledge of Tennessee tort laws.

Establishing the duty of care

Duty of care describes the nature of the relationship between the plaintiff and the defendant. For example, all licensed drivers are expected to follow all traffic safety laws, such as refraining from speeding or texting while driving. Each driver has a duty of care for the safety of others on the road.

Some personal injury claims involve harm caused by a defective consumer product, like electronics or a dangerous drug. Consumer product manufacturers have a duty of care to thoroughly test their products for safety before releasing them for purchase.

The first step, then, is to establish that a duty of care exists in the relationship between the plaintiff and the defendant.

Breach of duty of care

Once we establish that the defendant owed you a duty of care, we demonstrate that, by direct action, or oversight or inaction, they failed in their duty of care.

Common evidence we use at this stage includes witness accounts, video of the accident (like security camera or dashcam footage), or safety or maintenance records of an entity (property owner or goods manufacturer)

Accident and injury

Here, we connect the dots between what the defendant did (e.g., violated texting and driving laws) or failed to do (e.g., clean up a spill to prevent someone from slipping and falling) and the accident. This involves proving causation, or that the defendant’s actions were the primary cause of the accident.

You cannot claim compensation without injury. A “near miss” does not produce a physical injury, so no damages are present. So, we must prove that the accident caused your injuries. Your medical records are the primary piece of evidence we use to do this, which is why it’s so important to see a doctor after an accident, even if you don’t think you’re badly hurt.

Establishing damages

Finally, we show that you suffered losses, such as medical bills or property damage, because of the accident. If you missed work because you were too badly injured, you can claim full replenishment of your unearned wages, even if you used your sick time.

Non-material damages are a bit harder to quantify, but pain and suffering and emotional trauma have value, and our attorneys are experienced in assigning a fair amount to non-economic damages.

Do you need help settling a personal injury claim?

If you’ve been injured in an accident and believe it was caused by negligence, the attorneys at Hotz & Associates want to hear your story. Please call us at (865) 582-0042 for a free consultation.