Personal Injury

How Do I Know If I Am the Victim of a Personal Injury Accident?

Published On - March 24, 2016

Dinah Michael Personal Injury

Personal InjuryLike most people, you have undoubtedly heard the term “personal injury accident.” You probably also know that is you are the victim of a personal injury accident you might be entitled to compensation for your injuries. How do you know though if you qualify as a victim of a personal injury accident? If you are asking that question, you are not alone. The average person knows very little about personal injury law and, therefore, has no way of knowing with any degree of certainty what qualifies as a personal injury accident. In fact, people are injured all the time in compensable accidents without even realizing they qualify as a victim. The best way to determine if you are the victim of a personal injury accident is to consult with an experienced Tennessee personal injury accident attorney; however, the following questions and answers may help you realize you are a victim of what may be a compensable personal injury accident.

    1. Did you suffer actual injuries? While the extent of the injuries is not important, except when determining the value of a personal injury case, it is important that the victim suffered actual injuries. For example, if you slipped in a grocery store but were not injured in the fall, you cannot pursue a lawsuit simply because you are angry that you fell. In order to pursue a personal injury lawsuit you need to have suffered actual injuries. While those injuries are usually physical, psychological trauma may be sufficient. Simply being angry or distraught, however, is not enough. The emotional impact the accident caused will, however, be relevant when determining the value of the case down the road.
    2. Was another party directly responsible for those injuries? Sometimes it is fairly clear that another party’s negligence caused a victim’s injuries. For instance, if you are in a car accident with a drunk driver it is obvious that the drunk driver is directly responsible for your injuries and, as such, responsible for compensating you for those injuries.
    3. Is it possible that another party was indirectly responsible for your injuries? Negligence is not always obvious. This is why it is always best to consult with a personal injury attorney if you have suffered injuries in an “accident.” Ask yourself, however, if someone else contributed to the circumstances surrounding your injuries. For example, if you were injured falling down the stairs in a hotel and you realize the lights were not on or the handrail was loose, the hotel owner/operator could be held responsible, despite the fact that he/she was not even present at the time of the accident.
    4. Were you in any of the following types of “accidents?” Though not an exhaustive list, the following are all common types of personal injury accidents:
      1. Car accident
      2. Motorcycle accident
      3. Slip and fall
      4. Dog bite
      5. Medical error
      6. Product liability injury
      7. Premises liability
  • Swimming pool accident
  • Trucking accident
  • Nursing home abuse

If You Believe You Are a Victim of a Personal Injury Accident…

If, after asking yourself the previous questions, you believe you may indeed be the victim of a personal injury accident it is imperative that you not discuss the accident or your injuries with anyone until you have consulted an experienced Tennessee personal injury attorney. If another party is potentially liable for your injuries you will likely be contacted by an insurance adjuster shortly after the accident. Do not give a statement. Be polite, but firm and let the adjuster know that your attorney will contact him/her in the near future. It is also important that you have a complete medical examination done immediately if you have yet to get one. Along with potentially catching serious injuries that may not be showing obvious symptoms, a medical examination following the accident provides a clear nexus between the accident and your injuries which makes it easier for your attorney to negotiate a settlement down the road.

Contact Us

If you believe you are the victim of a Tennessee personal injury accident, it is in your best interest to consult with the experienced Tennessee personal injury accident attorneys at Bennett, Michael & Hornsby. Contact the team today by calling 615-898-1560 to schedule your appointment.

Dinah Michael
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