Chattanooga Personal Injury Lawyer Explains the Law of Negligence

Personal injury lawyers undertake the representation of clients on a wide variety of accident cases. The common thread that runs through nearly all of these cases is negligence, and that’s what a Chattanooga injury lawyer must prove in order to obtain compensation for his or her clients.

What is Negligence
As per The Davis Firm, LLC, person can be determined to be negligent when he or she fails to act as an ordinary and reasonably prudent person would act under the same or similar circumstances. Here are the elements of negligence that must be proved:

  • That the person who allegedly caused the claimant’s accident and injuries owed that claimant a duty of care.
  • There was a breach of that duty of care.
  • As a result of that breach, and accident and injuries occurred.
  • The claimant suffered damages.

Damages

Aside from negligence and causation, damages are a critical component of any personal injury case. Damages that are customarily sought in these types of cases follow:

  • Past and future medical bills.
  • Past and future lost earnings.
  • Any permanent disfigurement or disability.
  • Pain and suffering.
  • Loss of quality of life.
  • Pain and suffering.
  • Other significant damages if a wrongful death occurred.

Comparative Negligence

Opposing insurance companies will do whatever they can in their attempts to devalue or even deny your personal injury claim. One strategy that they use is to allege that you were partially at fault for your accident. If you are determined to have been at fault, any percentage of negligence attributable to you is deducted from any award on your behalf. Tennessee law doesn’t allow you to collect anything if you are 50% at fault.

Tennessee personal injury law is highly complicated. After being injured in an accident that was caused by the negligence of somebody else, contact a Chattanooga injury lawyer at The Davis Firm, LLC right away.

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