How to File a Claim for a Slip and Fall in Tennessee
Slip-and-fall accidents are more serious than the name suggests. In fact, falls are a leading cause of traumatic brain injuries, spinal cord damage, and workplace disabilities in the United States. In such cases, you may need to file a claim for damages with the liable property insurer.
If you need to file a claim for a slip-and-fall accident in Tennessee, contact an experienced Nashville premises liability lawyer at Raybin & Weissman for free.
Understanding TN Premises Liability Laws
When you fall on someone else’s property – including a public sidewalk, hospital, restaurant, or friend’s house – these are called premises liability claims. You might have a claim for damages from the liable property insurer or directly from the property owner and manager if you were lawfully present on the property, the danger was not open and obvious, and you did not assume the risk of the activity. Slipping on transparent rainwater in a grocery store entranceway is an example of an actionable slip-and-fall claim in Nashville. However, slipping in an employee-only bathroom you were not permitted to use might prevent you from obtaining damages.
Filing Property Insurance Claims in Nashville
Filing a claim for slip-and-fall damages requires notifying the liable property insurer of the fall. This often means making a written request to the property owner to produce proof of coverage and insurance contact information. While it’s recommended you always have an experienced personal injury lawyer handle the paperwork, you may file a claim using the insurance company’s forms. In such cases, you should prepare and submit the following information:
- Photographs of the dangerous condition
- Police/accident report
- Sworn witness testimony and contact information
- Affidavit (sworn statement of facts)
- Date and time of the fall
- Medical records
- Pay stubs
- Demand for damages
If you slipped on public property, there is a different claims process for Davidson County. You need an attorney to help you with public liability slip-and-fall claims in Tennessee.
Statute of Limitations in Tennessee Slip-and-Fall Cases
Tennessee has a short statute of limitations for premises liability claims. With limited exceptions, you must file a lawsuit within one year of the accident under Tenn. Code Ann. § 28-3-104. You cannot wait if the insurance company does not respond or settle your claim. If you do not file litigation against the property owner within one year, you will lose your right to demand damages for your medical bills, lost wages, and pain and suffering.
You Need a Tennessee Slip-and-Fall Lawyer to Obtain Personal Injury Damages
Even if you carefully file a premises liability claim in Nashville, most property insurers will take advantage of unrepresented claimants. You may receive a settlement offer for only a fraction of what your claim is worth, or the company may claim you were negligent in failing to avoid the dangerous condition.
Do not file Tennessee slip-and-fall claims alone. The experienced premises liability lawyers at Raybin & Weissman may handle your claim without any upfront legal fees or costs. Schedule a free personal injury consultation with their Davidson County office today by calling (615) 256-6666 or connecting with their legal team online.