If you suffer a personal injury due to someone else’s negligence, you may want to seek compensation for medical expenses and other financial losses. While filing this kind of claim may seem daunting, it doesn’t have to be. Here is a closer look at how this process works.

How Are Personal Injury Cases Proven?

Personal injury cases are based around duty of care — or a person’s moral and legal obligation to promote the safety and well-being of others. For instance, a driver must drive safely to provide the duty of care to others, so distracted or drunk driving would represent a breach of this duty. Lawyers must then prove that the defendant caused the injuries, as well as prove damages and losses. All of these elements must be present for a plaintiff to receive compensation.

What Are the Steps in a Case?

After suffering an injury, you should start by consulting with a competent lawyer. They can then file a complaint in the civil court. The defendant will then be served.

The plaintiff and defendant’s lawyers will both go through a discovery phase, gathering information and evidence prior to the court date. Many cases settle out of court based on this evidence; however, if the defendant chooses to fight the charges, the case may go to trial.

What Are Potential Damages in Tennessee?

Tennessee places limits on personal injury compensation for non-economic and punitive damages. There is no limit on economic damages. Non-economic damages are capped at $750,000 per person or $1 million per person for injuries that are officially deemed catastrophic. Suits must be filed within one year of the injury taking place.

If you’ve suffered a personal injury, turn to the experienced team at Estep & Estep in Tazewell, TN. Serving area residents since 1953, this law firm provides thorough representation with high ethical standards, earning it an AV Preeminent rating from Martindale-Hubble. To learn more about their practice areas or to schedule an initial consultation, visit them online or call (423) 626-3525.