There are very few things that can be as life-changing as getting injured while on private property. Usually, recovery from these injuries requires medical assistance as well as long-term rehabilitative care. All of these things are expensive. So the question is, what rights does a Tennessee resident have if they are injured on private property?
The Tennessee legislature along with courts in the state have considered this question carefully and have created laws that are designed to protect the rights of the injured individual as well as the rights of the property owner. Many of these laws will come into play when negotiating a settlement with the owner of private property or with their insurance company.
Statute of Limitations
The first thing to remember is that there is a statute of limitations, or a set amount of time that you have to file a case in court. In Tennessee the statute of limitation is set at one year from the date the accident happened. It is important to keep track of this information because if you try to file a lawsuit after one year, it is probable that the courts will not hear your case.
Determining Fault
Sometimes a person will file a lawsuit against the owner of private property only to be surprised to hear that the other party believes that the injured person is wholly or partially at fault for the accident. When this happens, it is up to Tennessee courts to decide what percentage of the blame lies with what person. If it is found that the injured party bears some of the blame for the accident, it can choose to reduce or completely remove any damages awarded to the injured person.
As an example, if an accident took place on a person’s doorstep, yet the court decided that the injured party was 20 percent to blame for the injury and that the property owner was 80 percent to blame, they would assess the total amount of the damages and subtract 20 percent from that amount and award this reduced amount to the injured individual.
As long as the injured individual is found to be less than 50 percent at fault, they will still more than likely be able to recoup something. However, if it is found that they are 50 percent or more at fault, it is likely that they will not recover any compensation for their losses.
Caps on Personal Injury Cases
The state of Tennessee has put caps on the amount of money a person can recoup after an injury. In the majority of cases, the maximum is $750,000. In severe cases that include spinal cord injuries that result in paralysis, amputated limbs, and severe disfiguring burns, damages are capped at $1 million.
Protection for Dog Owners
In many states, dog owners are not held responsible for the first time their dog injures someone if there was no reason to believe the dog would react in a dangerous way. In Tennessee this statute does not exist. Regardless of an animal’s past behavior, a dog owner is liable for any personal injury their dog causes.
There are many laws in Tennessee that govern compensation for personal injury cases. It is a good idea to become familiar with these laws as well as to discuss them with your attorney.
