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Tennessee
Personal Injury Law
The following summary of Tennessee personal injury laws and case types will
help you understand important aspects of injury claims in this state.
Tennessee Statute of Limitations:
Personal
Injury: 1 year for negligent conduct
Medical
Malpractice: 1 year (Breast Implants: 25 years)
Product
Liability: 1year
Wrongful
Death: 1 year
Caps on Personal Injury Awards in Tennessee:
There are no personal injury caps in Tennessee.
Tennessee Serious Injury Threshold:
There is no serious injury threshold in Tennessee.
Tennessee is
a Fault state and follows the modified comparative
negligence – 50% theory, meaning that a plaintiff can only recover for
their damages if they are less than 50% at fault for the accident.
Personal Injury Claims & Theories of
Liability in Tennessee:
Auto
Accident Claims: If a driver is found to be negligent in the
operation of their vehicle and in so doing injures a passenger, another
driver or a pedestrian, they will be liable for the personal injuries
or property damages to the other party.
Product
Liability Lawsuits: Manufacturers, designers and distributors
of products for use by consumers will be held strictly liable for the
injuries that result from the product's use - provided the consumer did
not deviate substantially from the anticipated use.
Medical Malpractice Cases:
Medical providers and hospitals who provde services below the
expected level of care can be held responsible for the patient's
resulting injuries.
Workers
Compensation Laws: In Tennessee, employers are compelled to
carry mandatory workers compensation insurance in the event of
workplace injury. If an employee is injured on the job this insurance
will pay for their medical bills.
Wrongful
Death Cases: When an individual dies as a result of the
negligence of another, the negligent party will be liable to the
decedent's estate (for example the heirs and family members), for
economic loss and things
such as loss of companionship and affection.
Slip and
Fall
Accidents: When an individual slips, trips or falls on the
property of
another, the property owner will be held responsible if they failed to
maintain their property, make reasonable inspections or warn others of
known dangers.
For More
Information Check out these sites:
Official
Tennessee State Government Website
Tennessee
State Bar Association
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