In the aftermath of an accident, many Tennessee residents find themselves unsure of what to do next. Whether you’ve been injured in a car crash in Memphis, a fall in Knoxville, or a workplace incident in Nashville, it’s essential to understand your rights. This FAQ page provides helpful answers for individuals and families dealing with the effects of serious injuries.
What is the deadline to file a personal injury claim in Tennessee?
In Tennessee, you have one year from the date of the accident to file a personal injury claim. This is one of the shortest time limits in the country. If you wait too long, you may lose your ability to recover damages, no matter how serious your injuries are.
What types of compensation can I receive?
Compensation may include medical expenses, lost wages, property damage, and pain and suffering. If your injury is long-lasting or permanent, you may also seek damages for future care and loss of earning capacity. Every case is different, so it’s important to evaluate your specific situation with a lawyer.
How does fault work in Tennessee injury cases?
Tennessee follows a modified comparative fault system. You can recover compensation if you are less than 50 percent responsible for the accident. However, your final compensation will be reduced based on your percentage of fault.
What if the other driver left the scene of the accident?
If the driver fled, you should report the hit-and-run to police immediately and try to gather any information you can, including photos, witness statements, or camera footage. Your own insurance policy may include uninsured motorist coverage to help pay for damages. These cases can be complicated, so speaking with an attorney is highly recommended.
Can I sue for injuries after a fall on someone else’s property?
Yes. Tennessee property owners have a duty to maintain reasonably safe premises. If you slipped on an unmarked wet floor, tripped on broken steps, or encountered other hazards the owner failed to fix, you may have a premises liability claim. Make sure to document the scene and your injuries.
Is there a cap on pain and suffering in Tennessee?
Yes. Tennessee places a cap of $750,000 on non-economic damages like pain and suffering in most personal injury cases. In catastrophic injury cases, the cap increases to $1 million. These limits do not apply to economic damages such as medical costs and lost income.
Do I need to report every car accident to the police?
You are required to report a crash if it results in injury, death, or property damage over $1,500. It’s always a good idea to get an official police report, even for minor incidents. Reports help document the facts and can strengthen your insurance or legal claim.
What if I was injured as a pedestrian or cyclist?
If a driver hits you while you’re walking or biking, you may have the same right to compensation as any other accident victim. Tennessee law gives strong protections to pedestrians and cyclists, but it’s still necessary to prove negligence. Medical documentation and eyewitness accounts are helpful in these cases.
Can I file a claim if I was injured on vacation in Tennessee?
Yes. If you were injured while visiting Tennessee, your claim would still follow Tennessee laws. You may need to work with a local attorney who can represent you even if you live out of state. It’s important to file your claim within Tennessee’s one-year deadline.
How can I request a crash report in Tennessee?
You can request a copy of your crash report through the Tennessee Department of Safety and Homeland Security. Visit https://www.tn.gov to find the online request form. You’ll need the report number or basic details like the date and location of the accident.
Can I still file a claim if I didn’t go to the hospital right away?
Yes, but delays in medical treatment may make your claim harder to prove. Insurance companies often use gaps in care to argue that your injuries weren’t serious. It’s important to see a doctor as soon as possible and follow up as needed.
What if my child was injured in an accident?
Parents or legal guardians can file a claim on behalf of a minor child. The court may need to approve any settlement to ensure the child’s best interests are protected. Compensation can include medical bills, future treatment, and pain and suffering.