At LehmannLaw we handle a variety of personal injury cases, including:
- Auto accidents
- Slip and falls
- Wrongful Death
- 18-wheeler accidents
- Commercial
- Inadequate security
- Assault
- Motorcycle accidents
- Pedestrian accidents
- Conversion
- Property damage
All states have a “statute of limitations” that sets a time limit on how long you have to file a case in the state’s court system after an accident or injury. For example, under Tennessee’s statute of limitations, you have one year after the date of an accident to get any lawsuit filed. It’s important to keep track of the statute of limitations and comply with it, because if you don’t, the court may dismiss your case for failure to timely commence legal proceedings.
In the case of traumatic brain injuries, incapacitation typically results in the victim being unable to form logical thoughts, unable to make decisions or even the inability to talk or communicate. However, physical and situational damages can often be considered incapacitating as well.
You Must Prove Negligence Occurred to Receive Personal Injury Damages
To be awarded damages in a personal injury case, you and your attorney must show that the defendant acted negligently and was at fault for causing the accident. This means showing the following:
- Duty of care: The defendant owed you a duty of care not to cause harm. For example, all drivers must obey traffic laws, duty to drive safely, or duty to not cause harm to others.
- Breach of duty: The defendant breached this duty of care. For example, if a driver decides to watch a video while operating their vehicle, this dangerous act would be considered a breach of their duty of care.
- Causation: The defendant’s breach was the direct cause of your injuries. Continuing our example, because the driver was distracted by their watching a video while driving, they did not notice you crossing the street.
- Damages: You injured as a result. An injury can be any combination of the damages listed below.
Economic Damages: These are damages for specific monetary losses and costs due to the accident. Economic damages are often easier to quantify than noneconomic damages. Examples are:
- Medical, ambulance, medication, and rehabilitative expenses
- Expected future medical expenses
- Lost wages from being unable to work, and expected future lost wages
- Property damage costs, such as to repair or replace a damaged vehicle
- Loss of earning capacity
- Mileage costs for traveling to doctor’s appointments if you have to seek treatment far from your home
- Rental car fees during the time your vehicle is being repaired
Noneconomic or general Damages
These are for less-tangible, subjective costs that do not have a specific monetary value. Examples include:
- Pain and suffering
- Mental and emotional anguish and distress, including depression, anger, anxiety, and sleep issues
- Loss of quality of life
- Loss of reputation
- Humiliation
- Psychological trauma
- Permanent disability, including loss of bodily function, vision, or hearing
- Physical disfigurement or scarring
These types of damages are subjective, but there are methods to calculate their value. Our legal team can go over how we estimate a monetary value for non-economic damages after listening to your case./span>
Exemplary or Punitive Damages
These are to punish and make an example of a defendant who acted in a malicious, violent, fraudulent, or reckless way while causing your injuries. Punitive damages may sometimes be greater than compensatory damages.
