Nashville is the second largest city in Tennessee. It is inevitable that injuries occur, particularly in larger cities. Personal injury is an injury to the mind and/or body. Personal injury instances commonly happen in vehicular accidents, accidents in the home, accidents at work, and accidents with defective products.
The role of a personal injury lawyer in Nashville, is to protect and represent the client,and client’s best interest, against the person creating the lawsuit in the City of Nashville. A personal injury lawyer has a duty and responsibility to serve their client set out through the ethical rules and codes of conduct from the Multistate Professional Responsibility Exam.
After a lawyer takes on a case, documents will be filed through the court of clerks. Five elements must be met to prove a personal injury negligence case. The elements to prove negligence include: duty, breach of duty, cause-in-fact, proximate cause, and damages. A personal injury lawyer must determine whether the defendant owed a duty to the plaintiff. If the defendant did owe a duty to the plaintiff, then that duty was breached. Next, the personal injury lawyer will determine if the injury was foreseeable or if the injury would not have happened but-for the defendant’s wrongdoing. After that is decided, damages are awarded in monetary form.
Subsequently proving the elements of negligence, the plaintiff’s attorney and the defendant’s attorney will discuss matters such as who was at fault, the statute of limitations for the injury, and whether the incident was intentional or reckless. Typically, the plaintiff (client) seeks damages (money) for the harm done (injury).
Further, correspondence between the client’s attorney and the opposing counsel will ensue to try and reach a settlement outside of court. If an agreement is not reached, the case will go to trial, set by a judge.
If you have been injured in an accident and have filed an insurance claim, you may be wondering what happens next. Here is an overview of the steps an insurance company usually takes after you file a claim.
The Claims Adjuster
A claims adjuster from the insurance company will call to make an appointment with you to discuss the details of your claim. You may then be asked to provide a claims form and proof of your losses in support of your claim. The claims adjuster will also make an initial determination as to whether or not your claim is covered and how much it is worth.
For more complicated cases, such as an automobile accident, the insurance company will initiate a formal investigation of the accident and your claim. This will entail looking into the cause of the accident and assessing fault.
The Report of Fault
The insurance company will announce its assessment of fault in a formal report. Claims in which fault can easily be established are more likely to settle than claims where fault is disputed. Someone will always be determined to at fault for the accident, even if the fault is shared between multiple parties. This, in turn, will largely determine how much the insurance company will pay you for your claim, as well as, how much they may raise your premiums.
The insurance company’s opinion regarding fault is not beyond dispute and in many cases you will want to dispute their findings. Insurance companies have an incentive to place as much blame on you as possible in order to reduce the amount of money they have to pay you. So, you may want to enlist the assistance of experienced compensation lawyers to help you dispute the insurance company’s claim and ensure that you are compensated fairly.
How A Lawyer Can Help
Insurance claims can be very complicated when fault is disputed. Insurance companies employ lawyers and claims adjusters who are trained in ways to minimize how much the insurer needs to pay out. In most cases, these individuals will have had many years of experience fighting claims such as yours and will thus have the upper hand in negotiations. However, an experienced personal injury lawyer can level the playing field by bringing years of experience and advocating on your behalf. Studies show that insurance companies typically pay more for claims when the claimant is represented by a lawyer.
Insurance companies are engaged in business and it is not uncommon for them to deny legitimate claims and offer unreasonably low settlements in order to increase their profits. But, they have a legal duty to act in good faith in processing your claim. If you feel that you are being treated unfairly, an experienced personal injury lawyer can help you hold the insurer accountable under the state’s bad faith laws. You may be entitled to compensation for any unnecessary stress and inconvenience you experienced due to the mishandling of your claim.
When you travel on public transportation or are the passenger in a private vehicle and are involved in an accident through no fault of your own, you are entitled to file a claim for compensation. It’s important to mentally note when and where the accident happened, who was involved, and what type of injuries you sustained. Filing an accident claim must be done accurately and in a timely fashion so that you can get the financial compensation that you need for treatment. Let’s look at some things to consider as you begin the process of filing your claim.
- For a car accident injury claim you must have a diagnosis of the injuries that you received as a result of the crash. Make a note of any symptoms of injury, these might range from whiplash to fractures, to head trauma. Do you have chest pain or rib injuries? Do you think you have internal damage or do you have excruciating pain in your back? If any of these symptoms occur immediately after the crash or within a few days, it’s imperative that you get medical attention to document your injuries. Keep all documentation that you are given by attending doctors so that you can include it in your paperwork when you file your claim.
- If your injuries require you to be absent from work, get written documentation from the doctor that states why and for how long you will have to be off work. You and your employer can calculate how much this is costing you so that this figure can be included in your car accident injury claim. In order to get compensation that you deserve you must carefully think about and include all of the financial losses that you suffer as a result of the accident.
- When you have collected your composure and received any medical treatment you need, take some time to sit and record on paper your recollections about the accident. To fully complete the claim application you should have as much relevant information about the accident as possible. Write down details regarding all people involved in the accident, their contact information, the collar number of the investigating police officer, and the amount of damage to the vehicles involved. If weather conditions could have been a factor in the crash, be sure to make a note about that as well. Once you have all of your documentation organised, you are ready to use a team of claims professionals to assist you with the completion of your injury claim.
- Make sure that all information is correct, all names and addresses are spelled properly, and include the statements of witnesses. Explain what happened in the accident and the injuries that you received. Include the doctor’s evaluation of your injuries, details of any medication that you are prescribed, any therapy the doctor ordered for you, and the length of time that you have been advised to take off work in order to recover.