If you experience a serious injury caused by another person, that individual may have legal liability for your medical bills and other related expenses. In Tennessee, a civil lawsuit may provide financial remedy even when the responsible party did not commit a crime.
Whether you became disabled in an auto accident, fall or any other incident, review the laws that apply to Tennessee personal injury lawsuits.
You must have evidence of the defendant’s negligence to win a personal injury lawsuit. You must show that the defendant had a responsibility to prevent injury to others and failed to live up to that responsibility. You must also show that this failure directly caused your injuries and the resulting financial damages. Tennessee allows plaintiffs to collect economic damages as well as up to $750,000 in noneconomic damages such as pain and suffering.
Modified comparative fault
You do not need to show that the defendant was solely responsible for the injury. In Tennessee, you can collect financial damages in this type of lawsuit if the court finds you had less than 50% fault for your injury. Under this concept, known as modified comparative fault, the judge will reduce your damages by the determined percentage of fault.
If you think you have a valid case, you must file a personal injury lawsuit within 12 months of the injury. If the incident happened before your 18th birthday, the 12-month deadline occurs on your 19th birthday. If the defendant in your case also faces criminal charges, such as in an auto accident case involving substance use, you have two years to file a civil lawsuit.