Personal Injury FAQs
Answers from Our Johnson City Personal Injury Lawyers
When you are injured in an accident, it’s easy to feel overwhelmed. In addition to seeking adequate medical attention, you may be looking for answers regarding your legal rights and options.
At The Haynes Firm, we understand just how confusing the personal injury process can be. As such, our Johnson City personal injury lawyers have compiled some of the most frequently asked questions—along with their answers—we hear at the firm. If you have questions about your potential claim, read our personal injury FAQs to find the answers you need.
If you don’t see your question here, or if you need more information about a specific aspect of your situation, we encourage you to reach out to us at your earliest convenience. We offer completely free and confidential consultations, and we do not charge any fees unless/until we successfully recover compensation on your behalf.
Read on for more information or call (423) 451-4999 to request a free consultation.
Can I sue for personal injury?
If you believe you may have grounds for a personal injury claim but are unsure, it’s a good idea to contact an experienced personal injury attorney. An attorney can help you evaluate the issue of liability in your specific circumstances. In most personal injury cases, negligence is a key factor.
If another person or party acted negligently and you were injured and suffered measurable damages as a result, you likely have a case. For example, if you were hit by a drunk driver and had to be hospitalized, you may take legal action against the drunk driver to seek compensation for your hospital bills, other medical expenses, and additional economic and noneconomic damages.
In order to determine whether or not you have a case, we strongly recommend that you schedule a complimentary case evaluation with a Johnson City personal injury lawyer at our firm.
How much is my case worth?
Many of our clients want to know how much their case is worth—and understandably so! Mounting medical bills compounded by lost wages/income can add serious financial strain to an already difficult time. Unfortunately, it is not possible to say with certainty the potential value of your claim without first going over all of the relevant details.
Factors such as the extent of your damages, whether or not you were partially at fault for the accident, and even legal caps on personal injury awards can all have a major impact on your total recovery. We invite you to schedule a free, no-obligation consultation with an attorney at our firm so that we can review the details of your case and provide a clearer outline of what you can expect from the legal process.
Can I still collect compensation if I was partially at fault for a car accident?
Tennessee follows what is known as the “rule of modified comparative negligence,” meaning you are still able to collect compensation for your damages even if you were partially at fault for a motor vehicle accident. However, importantly, you cannot be found to have been more than 50% at fault for the accident; if you are found to be 51% or more at fault, you will not be able to recover compensation.
Additionally, if you are partially liable for a car accident, your total recovery will be reduced by your at-fault percentage. For example, if you suffer $10,000 in damages but a jury finds you 20% at fault for the accident, you will only be able to recover up to $8,000.
What is medical malpractice?
Medical malpractice occurs when a medical provider—be it a doctor, nurse, surgeon, pediatrician, hospital, emergency room, dental practice, etc.—fails to uphold the “standard of care.” In other words, if a medical provider does not take reasonable action to provide you with an acceptable level of care that would otherwise have been provided by another competent medical provider, and you suffer injuries or harm as a result, you have grounds for a medical malpractice claim.
This is a complex area of law, and one that nearly always requires the assistance of an experienced medical malpractice lawyer. You can learn more about medical malpractice, as well as find answers to medical malpractice FAQs, on our website.
Who is liable for defective products?
When defective products make it onto the market and into the hands of consumers, serious accidents can occur and people can be gravely injured or even killed. Under strict product liability laws, product designers, manufacturers, and distributors are generally always liable for harm their defective products cause.
This means that, unlike in other types of personal injury cases, you do not need to prove that negligence played any role in your injuries or suffering in order to seek compensation in a products liability claim.
There may be several liable parties in a defective product case. Typically, liability can be established by examining what type of defect the product in question has—a defective design will likely mean the party responsible for the design is liable whereas a manufacturing defect will point to the product’s manufacturer.
Can I file a wrongful death claim if my loved one died in an accident?
If your loved one died as a result of someone else’s negligent, reckless, or wrongful actions, you may be able to bring a wrongful death claim on his/her behalf. In Tennessee, only certain parties are typically allowed to file a wrongful death claim, including the deceased’s surviving spouse, children/next of kin, parent (in limited circumstances), or the personal representative of the deceased’s estate.
Additionally, wrongful death claims must be filed within one year of the date of death; failure to adhere to this statute of limitations will result in surviving loved ones being unable to bring a claim for damages.
How much does a personal injury lawyer cost?
At The Haynes Firm, we are proud to offer contingency fees for our clients. This means that, in most cases, there are absolutely no upfront expenses for you. Instead, our firm will handle all upfront costs associated with your claim. Our attorneys’ fees are contingent on their success in your case; in other words, we only get paid if you do.
In the unlikely event that we do not recover compensation in your case, you will owe us nothing. If/when we do recover a settlement or jury verdict on your behalf, a pre-agreed upon percentage of your recovery will be used to cover our attorneys’ fees. You can learn more about our contingency fees here.
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