|
The Bristol, Tennessee Personal Injury Lawyers of
Massengill & Caldwell, P.C.,Frequently Asked Questions:The following information includes frequently asked personal injury questions. The answers stated are general in nature and are not intended to apply to every personal injury situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. By contacting the Bristol,Tennessee personal injury law firm of Massengill & Caldwell, P.C., you can receive a personal consultation regarding your specific legal claim.
> Back to Top What is Personal Injury? Personal injury is any physical or mental injury to a person that results from another person's negligence or harmful act. Personal injury involves civil law cases as opposed to criminal law cases which involve a defendant and the State of Tennessee. Personal injury can occur in a wide variety of ways. The following are some of the most common accidents resulting in personal injury: - Auto Accidents
- Other Vehicle Accidents (Aviation, Bicycle, Boat, Motorcycle, Railroad, Truck)
- Burn Accidents
- Construction/On the job Accidents
- Dangerous or Defective Products
- Dog/Animal Bites
- Medical Malpractice (Birth Injuries, Misdiagnosis, Surgical Negligence)
- Nursing home abuse and Neglect
- Slip and Fall Accidents/Premises Liability
- Spinal Cord Injury
- Toxic Exposure
- Traumatic Brain Injury
To find out the strength of your case and the amount of compensation you have a right to claim from the insurance company in your case, call Bristol, Tennessee accident lawyers Massengill & Caldwell today. > Back to Top What financial compensation can I recover in a personal injury claim? Personal injury accident victims are entitled to recover monetary damages for all losses and expenses sustained as the result of an accident. Depending upon the particular circumstances of your case, damages may include recovery for any of the following: - Medical Bills
- Lost Income, including overtime wages
- Pain & Suffering
- Physical Disability
- Disfigurement
- Emotional Trauma
- Mental Disability
- Property Damage
If you have been injured through the neglect or intentional actions of another person, call the Bristol, Tennessee personal injury lawyers of Massengill & Caldwell now for solid and experienced representation. > Back to Top How do I prove negligence? The burden of proof in a tort case, as in most civil law cases, is lower than the proof required in criminal law cases. In a criminal case, the state must prove a person's guilt beyond a reasonable doubt. To win a personal injury lawsuit based on tort law, the plaintiff need only prove that a majority of the evidence shows that an injury was caused by the defendant's negligent actions. This standard of proof is called "the preponderance of the evidence." The different burdens of proof mean that a company might be acquitted of criminal charges stemming from its actions, but be found liable in a civil lawsuit stemming from the same actions. > Back to Top What is premises liability? Premises liability generally refers to accidents that occur due to the negligent maintenance, or unsafe conditions upon property owned by someone other than the injured victim. The State of Tennessee requires landowners to maintain their property in a manner that does not cause injury to those that, for various reasons, visit the property. This law pertains to both business owners and homeowners. Crucial to a premises liability settlement is being able to show how long the defect or injury inflicting element was there, how visible it was, and how much notice the owner had of the dangerous condition before the accident. If you have been injured as a result of a dangerous condition caused by the neglect, inattention or willful actions of a homeowner or business, call the Bristol, Tennessee personal injury attorneys of Massengill & Caldwell now. > Back to Top What should I do if I've been injured in a slip & fall accident? Most businesses and homeowners carry liability insurance to protect them in the event that someone is injured while on their property. The owner or possessor of a residence, land or place of business has the duty to exercise reasonable care for the protection of those individuals who are invited to come upon the premises; i.e., individuals visiting for business or pleasure. In such cases, the owner, company or person must inspect the premises to discover any dangerous conditions and warn the invitee of dangers upon said premises. Those injured by a negligent owner or possessor of a premise may recover damages for their injuries, including loss of income, medical expenses, pain and suffering, etc. If you have been injured in a slip and fall accident, call the Bristol, Tennessee slip and fall lawyers of Massengill & Caldwell as soon as possible to protect your legal rights. > Back to Top What is the Statute of Limitations? Every state has certain time limits, called "statutes of limitations," that govern the period during which you must file a personal injury lawsuit. In some states, for example, you may have as little as one year to file a lawsuit from an automobile accident. When the statute of limitations expires on your case, you simply don't have a case anymore. Statutes of limitations differ not only from state to state, but also in regard to the kinds of lawsuits involved. In some states the statute of limitations for medical malpractice, suits against governmental agencies, and wrongful death actions is shorter than that for other types of personal injury cases. In general, however, the statute of limitations for personal injury cases is from one to three years, and the time begins from the time of the accident. For more information regarding the limitations for your specific case, contact the Bristol, Tennessee personal injury lawyers of Massengill & Caldwell today. What is Wrongful Death? Wrongful death occurs when a person's death was caused by the negligent, willful or wrongful act, neglect, omission or default of another, such as careless driving or a deliberate murder. In addition to injuring the person who died, people who depended upon the deceased for financial or emotional support may be entitled to compensation for the wrongful death. The State of Tennessee has enacted a statute permitting a lawsuit to be brought by the relatives of a person who died as a result of a wrongful act. > Back to Top Under what circumstances can a wrongful death occur? Wrongful Death Law provides financial compensation to the family of a person whose death was caused by the negligent, willful or wrongful act of another. Wrongful death cases are filed as a result of a variety of situations, including: - Medical malpractice resulting in a patient's death
- Neglect or abuse on the part of a nursing home that results in a patient's death
- Automobile, bus, train, airplane or other common carrier fatality accident
- Occupational exposure to hazardous conditions or substances (exposure to asbestos, etc.) resulting in death
- Death during a supervised activity (sports tournament, field trip, etc.)
If you have lost a loved one due to the careless actions of another and you want advice about getting started with a wrongful death lawsuit, call the Bristol, Tennessee wrongful death attorneys of Massengill & Caldwell today. > Back to Top TAKE ACTION TO PROTECT YOUR RIGHTS: If you or a loved one has been seriously injured or suffered wrongful death as the result of another person's negligence, carelessness or other wrongful act in Bristol, Kingsport, Johnson City, Blountville, Bluff City, Piney Flats or within the surrounding cities and counties of Tennessee and Virginia and you need the help of an experienced serious injury lawyer, call the Bristol, Tennessee personal injury attorneys of Massengill & Caldwell, P.C., today at 866-338-2573, or complete the contact form provided on this site to begin your consultation with a skilled Bristol, Tennessee accident attorney. Your initial consultation on personal injury matters is free. > Back to Top
|
|
