smyrna personal injury lawyer

Smyrna Personal Injury Lawyer Answers Top 5 Questions

Published On - October 11, 2016

Dinah Michael Personal Injury

smyrna personal injury lawyerA personal injury accident can happen at any time and to anyone. For the victim of a personal injury accident, the injuries sustained are often complex and long-lasting. Although the physical injuries sometimes heal, the psychological trauma frequently experienced by a victim can linger. Although we use the term “personal injury accident” to describe the event that caused these injuries, the reality is that in many cases it was not a true accident that caused the victim’s injuries, but the result of negligence on the part of another party. If you recently suffered injuries in what you believe may have been a personal injury accident, you likely have a number of questions and concerns about your situation and about the legal system that handles personal injury claims. Because each personal injury accident involves a unique set of facts and circumstances, specific questions relating to your injuries should be discussed with an experienced Tennessee personal injury attorney. At the same time, there are some common questions victims of personal injury accident often have, five of which have been answered by a Smyrna personal injury lawyer.

  1. What qualifies as a “personal injury accident?” When most people think of a “personal injury accident” they think of the stereotypical motor vehicle accident. While car accidents certainly do fall under the purview of personal injury accidents, there are a number of other types of injury “accidents” that may also qualify as a personal injury accident, including:
    1. Slip and fall accidents
    2. Premises liability accidents (injuries that occur on someone else’s property)
    3. Motorcycle accidents
    4. Trucking accidents
    5. Swimming pool accidents
    6. Escalator/elevator accidents
    7. Dog bites
    8. Medical errors
    9. Product liability accidents (injuries caused by defective products)
  2. How do I know if another party is responsible for my injuries? Only an experienced personal injury attorney can review the facts and circumstances of your case and tell you with certainty whether or not another party will be held liable for your injuries; however, most personal injury accidents are based on the legal theory of negligence. Negligence requires an injured party to prove four things:
    1. That the defendant owed a duty of care to the victim
    2. That the defendant breached that duty of care
    3. That the breach caused the victim’s injuries
    4. That the victim suffered damages as a result
  3. How much will my settlement or award be? Again, only a personal injury attorney can review your specific case and provide you with an estimate of its value; however, there are several factors that usually impact the value of a victim’s personal injury settlement or award, including:
    1. The severity of the injuries suffered by the victim
    2. The number of injuries suffered by the victim
    3. The age and general health of the victim prior to the accident
    4. The extent to which the victim contributed to the accident, if any
    5. The defendant’s conduct if it was particularly reckless or egregious
    6. The victim’s future prognosis – (ie: whether additional treatment will be needed)
    7. Whether or not any of the injuries will leave permanent scars or fail to heal completely
    8. The emotional and psychological impact the accident had on the victim
  4. How long will it take to settle my case? This is also difficult to answer in a general way: however, a victim must reach “maximum medical improvement” (MMI) before settlement negotiations can begin. MMI refers to the point at which the treating physician has determined that further treatment will not significantly improve the patient’s condition. It does not mean the patient is completely healed, only that further treatment will not accomplish much.
  5. What should I do after being injured in an accident? The two most important things you should do following a personal injury accident are to submit to a complete medical examination and consult with an experienced Smyrna personal injury attorney. An examination is important because you could have serious internal, brain, or spinal injuries that may not exhibit symptoms right away. In addition, having an exam done immediately after the accident provides a clear nexus between any injuries you have and the accident that caused them. Consulting with an attorney is equally important so that you can learn what legal options you may have to recover damages for your injuries.

Contact Us

If you have been injured in what you believe may be a personal injury accident in Tennessee, it is in your best interest to consult with an experienced Smyrna personal injury lawyer at Bennett, Michael & Hornsby. Contact the team today by calling 615-898-1560 to schedule your appointment.

Dinah Michael
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