How to Prove Negligence in Your Personal Injury Case
Posted on behalf of Greg Coleman Law on Mar 21, 2017 in Personal Injury
Those who were injured in an accident caused by another’s reckless or careless actions are entitled to pursue compensation by bringing a personal injury claim against the negligent party.
In order for a personal injury suit to be successful, you must prove the at-fault party was negligent in his or her actions and demonstrate that this directly led to your injury.
Negligence in Tennessee Personal Injury Claims
Negligence is defined as a failure to exercise the same level of care a reasonable person would under similar circumstances. This includes any actions, or failure to act, that result in an accident that would not have occurred had that individual acted differently.
Common acts of negligence include:
- Failing to repair dangerous conditions on a property
- Designing, manufacturing or selling defective products
- Breaking a law or ordinance, known as negligence per se
- Driving under the influence of drugs or alcohol
- Driving while distracted
- Inadequately restraining a dog with a history of biting
Tennessee’s Comparative Negligence Rule
Proving the other party’s negligence is imperative to bringing a successful claim. If you cannot establish negligence, your claim has no basis.
Under Tennessee’s comparative negligence rule, more than one party can be responsible for causing an accident. This rule requires that if the plaintiff was partially responsible for causing his or her injuries, his or her compensation will be reduced by his or her percentage of fault in causing the accident.
If the plaintiff is more than 50 percent responsible for causing the accident, he or she will not be able to recover compensation.
In order to bring a successful personal injury claim, you must have strong evidence that supports your version of events. The evidence must link the defendant’s negligence to the injuries you sustained.
Examples of evidence used to prove personal injury claims may include:
- Physical evidence: This includes any photos or videos taken of the accident, damaged property recovered from the accident or medical devices you had to use after the accident.
- Eyewitness testimonies: Anyone who was present during the accident and can accurately describe what they saw. Eyewitnesses can be subpoenaed during a deposition to provide a sworn statement or affidavit in support of your claim.
- Technological evidence: Utilizing technology such as video surveillance cameras, traffic cameras, cellphones or electronic data recorders can provide valuable insight into the events that led to the accident.
- Expert testimony: Professionals can be called upon to provide their opinions regarding your personal injury case. The type of expert used will depend on the type of injury case, but may include accident reconstruction experts, medical practitioners or product design experts.
Why Should I Hire a Personal Injury Lawyer?
Gathering the necessary evidence and building a case to prove that another’s negligence caused your injuries can be complicated. Furthermore, insurance companies are often uncooperative and may attempt to undermine your claim to reduce its damages or eliminate it completely.
Every move you make during the time after you suffered an injury until you file a claim will be heavily scrutinized. It is in your best interest to hire an experienced attorney who understands the process of filing a claim and knows the tactics used by insurance companies.
Experienced Knoxville Personal Injury Lawyers
As reputable Knoxville personal injury lawyers, we will ensure you meet all deadlines and qualifications that assure your compensation will be met. We will also handle all matters concerning insurance companies or the defendant’s attorneys so that you will never have to.
Every decision, negotiation or settlement made on your behalf will be in your best interests. If you do not agree with an offer or settlement reached with an insurance company or attorney, we will prepare for a trial.
If you have been injured and are seeking professional legal help to pursue a claim, do not hesitate to contact Greg Coleman Law. We will pursue all options to maximize the damages listed in your claim. We work only on a contingency fee basis, which means you will only pay us if you are awarded compensation.