Accidents happen, but that does not mean you have to suffer for someone else’s bad behavior. If you or someone you love was injured due to another person’s negligence, you might be entitled to compensation for damages.
The experienced team of Dover personal injury lawyers at Batson Nolan PLC understands how difficult it can be to navigate the complex legal system and know your rights.
We will guide you through this tough time and help you receive the damages you are entitled to.
Type of Cases Handled by Our Dover Personal Injury Attorneys
Batson Nolan PLC handles a wide range of complex personal injury cases. If you are considering filing a claim for personal injury, we can help. Personal injury is a large area of law that covers a lot of different situations.
Here are a few types of cases that we see regularly:
- Car accidents,
- Trucking accidents,
- Federal Tort Claims Act cases,
- Boating accidents,
- Traumatic brain injury,
- Motorcycle accidents,
- Dog bites,
- Nursing home abuse,
- Wrongful death,
- Products liability,
- Premises liability,
This list is not exhaustive—personal injury covers any negligent action that causes harm to another. We have seen countless injury law cases over the years, so we know that every personal injury claim is unique.
Do You Have a Personal Injury Claim?
To bring a lawsuit, you must have legal standing, which means that your case meets all the requirements to establish a claim against the defendant. These are the things you must prove to have legal standing:
Legal Capacity to File a Lawsuit
Children under the age of 18 do not have the legal capacity to file a lawsuit. This is also true for mentally incompetent adults. Luckily, a person with legal capacity (like a parent or a guardian) can generally file on behalf of these two groups of people.
Actual Harm Occurred
You must prove that you incurred actual physical, emotional, or financial harm. Being upset is not a good enough reason to bring a lawsuit. This harm must be meaningful. Being accidentally bumped off a sidewalk and rolling your ankle is no fun, but it is probably not worth filing a lawsuit.
The Defendant Caused the Injury
To file a personal injury lawsuit, you don’t have to prove the defendant caused the injury, but you do have to prove that it was reasonably likely. Once the lawsuit is filed, your Dover personal injury attorney will go to work gathering evidence to show that the defendant legally caused the injury.
The Court Can Do Something About It
Your injury must be redressable. This means that the court must be able to legally provide you with a solution to address your problem. In the case of personal injury, this is usually monetary compensation.
Don’t worry if you are unsure about the legal standing of your case. Our qualified Dover personal injury attorneys are happy to look at the facts of the case and determine legal standing.
Compensation Available for a Personal Injury Lawsuit
There are generally two types of compensation your personal injury attorney can seek depending on the circumstances of your injury: economic and non-economic damages. In some cases, punitive damages may also apply.
Economic damages are used to cover the actual out-of-pocket expenses incurred by the victim. This also includes future expenses for long-term or permanent injuries. These expenses are represented by receipts, bills, invoices, pay stubs, and expert opinions on future costs.
Expenses may include:
- Medical bills,
- Physical therapy,
- Loss of current and future wages,
- Ongoing medical care, and
- Property damage.
These economic damages differ depending on the circumstances of the case. Generally, the more serious the injury, the higher the economic damages will be.
Non-economic damages compensate for the mental and emotional aspects of sustaining the injury. Examples include:
- Emotional distress,
- Pain and suffering,
- Diminished enjoyment of life,
- Anxiety, and
- Other damages specific to the case.
These damages are harder to prove and require the expertise of a skilled Tennessee personal injury lawyer because they tend to be more subjective.
In other words, they are easy to add up. Non-economic damages are usually calculated based on your economic damages. Proving economic damages may require expert and witness testimony.
Punitive damages are awarded only in circumstances when the victim proves by clear and convincing evidence that the defendant acted maliciously, intentionally, fraudulently, or recklessly. Many personal injury cases are due to negligence, which means that the at-fault party acted without the intention to do harm, and punitive damages do not apply.
Under circumstances where the defendant acted in a way implied intent, the court may choose to punish the defendant. This is most common in repeated behavior such as drunk driving or corporate negligence from big companies.
How Long Do You Have to File a Personal Injury Lawsuit?
The statute of limitations is the amount of time you have to file your lawsuit. Tennessee has one of the shortest statutes of limitation.
According to Tennessee Code Section 28-3-104, a victim has one year from the date of the accident to file their lawsuit. If you don’t file within the limitation period, you will likely not receive any compensation. Sooner is always better. Over time it can become more difficult to discover evidence, find medical financial records, and track down witnesses.
Do You Need A Dover Personal Injury Lawyer?
The personal injury attorneys you choose can significantly impact the compensation you receive and the overall outcome of your case. You need a legal team with an in-depth understanding of Tennessee personal injury law and applicable statutes.
Filing an insurance claim is the initial step for many personal injury claims. It is important to remember that most insurance companies will offer the lowest settlement possible—and this may be significantly less than what you are entitled to. Our team can negotiate on your behalf and recommend whether litigation is a better option.
Our lawyers strive to provide compassionate and zealous representation to every client. Contact Batson Nolan PLC and learn more about what we can do for you.