Davidson County Personal Injury Attorneys
Being injured in any kind of accident is difficult, but if your injuries were sustained as a result of someone else’s negligence, it’s likely to be that much more challenging to face and overcome your losses. If you or someone you care about has been injured by the negligence of another person or entity, an experienced Davidson County personal injury attorney has the legal insight and skill to help.
Personal Injury Claims
Personal injury claims come in many forms, but some of the most common include:
- Car Accidents
- Truck Accidents
- Motorcycle Accidents
- Bicycle Accidents
- Pedestrian Accidents
- Slip and fall accidents, dog bites, and other premises liability claims
- Accidents that lead to brain injuries
- Accidents caused by inadequate security
- Wrongful Death
Additionally, when someone is injured by the negligence of another party and the injury proves fatal, the victim’s survivors can file a wrongful death claim that addresses their related losses, which is very similar to a personal injury claim.
The Necessary Elements of Your Personal Injury Claim
In order to recover your losses via a personal injury claim, there are several elements that must be proven.
You Were Owed a Duty of Care
To begin, the person whom you identify as being at fault for your injuries must have owed you a duty of care. A duty of care refers to a responsibility for your safety and well-being, and prime examples include the following:
- Every motorist on the road owes everyone who shares the road with them a considerable duty of care.
- The duty of care commercial property owners owe their invited guests, which include customers, clients, and visitors, involves employing the same level of care that other commercial property owners reasonably employ in similar situations.
The Other Party Breached that Duty of Care
This is where negligence on the part of the other party comes in. The other party must have failed to uphold the duty of care owed to you. Common examples when it comes to traffic accidents include:
- A driver who was distracted
- A driver who was speeding
- A driver who was impaired
- A driver who was exhausted
- A driver who was engaging in aggressive driving practices
- A driver who refused to follow the rules of the road
Common examples as they relate to premises liability claims include:
- Inadequate security
- Inadequate maintenance of the property – either inside or out
- Inadequate lighting – either inside or out
- Dangerous design flaws, such as naturally slippery flooring
You must be able to prove the at-fault party’s negligence in the matter in order to prevail with a personal injury claim.
The Other Party’s Negligence Caused You to Be Injured
The other party’s breached duty of care toward you must have been the direct cause of the accident that left you injured. Many drivers engage in dangerous driving practices that don’t cause accidents, but when such practices do end in accidents, they can lead to personal injury claims.
You Suffered Legal Damages as a Result
Finally, the losses you experience must be addressed by the law, which are called legal damages and include all the following:
- Property damage, such as to your motorcycle in a motorcycle accident or to your car in a car accident
- Medical expenses, which can be extensive and may include ongoing costs
- Lost income, which can extend to lost career potential
- Pain and suffering, which addresses your physical and emotional suffering and can be immense
An important aspect of your personal injury claim is carefully assessing the full extent of your legal damages.
Proving the Elements of Your Personal Injury Claim
The strength of your personal injury claim rests on your ability to prove the basic elements, which generally comes down to two primary tasks.
You’ll need to demonstrate that the other party is responsible for your damages, which is accomplished by telling the story of what happened via the evidence. Evidence can come in an array of forms, including:
- The testimony of eyewitnesses at the scene of the accident
- Your own testimony
- The testimony of witnesses with expertise in topics that are relevant to your claim
- Accident recreation models that weave the available evidence and logistics into a cohesive visual
- The accident report or police report
- Any physical evidence gathered at the scene
- Photos and videos taken at the scene, including those gathered from security cameras in the vicinity
- Dash cam footage – in traffic accidents
You’ll also need to prove the physical, financial, and emotional damages you’ve suffered as a result of the other party’s negligence. While it’s easier to attach a value to property damage, medical expenses, and lost income, it’s important to keep the following in mind:
- Assessing what your related medical needs are going to be in the future can be exceptionally complicated.
- Losses related to income need to address future losses, including any that are related to your career path.
- The losses you experience in response to a derailed career can include a strong emotional element.
The emotional consequences related to being injured by someone else’s negligence are difficult to calculate in terms of cost, but they are just as real and just as damaging as any of your other losses.
Turn to an Experienced Davidson County Personal Injury Attorney for the Help You’re Looking For
If you or someone you care about has suffered significant losses as a result of someone else’s negligence, seeking the compensation to which you are entitled is critical to your ability to regain your health and well-being. The formidable personal injury attorneys at Raybin & Weissman recognize the gravity of your experience and are poised to employ the full force of their imposing experience and skill in pursuit of a claim resolution that honors your rights and best interests. To learn more, please contact us online or call us at 615-256-6666 today.