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COMPENSATION In a Tennessee Personal Injury Lawsuit

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What Qualifies as a Personal Injury Accident?

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The term “personal injury accident” covers a broad spectrum of scenarios in which a victim is injured, such as: Car accidents Dog bites Medical errors Slip and fall accidents Premises liability Product liability Workplace accidents where third party liability applies Industrial disease Wrongful death

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Intentional Torts, Strict Liability and Negligence

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As a victim, you are only entitled to compensation if your injuries were caused by the intentional or negligent conduct of another party or if strict liability applies

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Intentional torts – an intentional tort occurs when someone’s intentional conduct causes injury

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Strict liability – strict liability does not look at the mindset, or mens rea, of the defendant

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When strict liability applies a victim is entitled to recover for damages simply by showing that he or she was injured

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Negligence – most personal injury accident cases are evaluated using a negligence standard

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Negligence requires that a legal duty to existed from the defendant to the victim to do everything reasonably possible to prevent harm to the victim and that the defendant breached that duty

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Damages –Economic, Non-Economic and Punitive

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Economic damages are intended to cover out of pocket expenses such as medical bills, property damage, and lost wages that result from the accident

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Non-economic damages are what people often refer to as “pain and suffering”, though they actual cover much more than that

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In situations where punitive damages are potentially available, the victim has to prove that the defendant’s conduct was malicious, intentional, fraudulent, or reckless

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Calculating Damages

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Some factors that will be considered when calculating the value of your non-economic award/settlement include: Type of injuries suffered Extent/severity of injuries Number of injuries Proof of income

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Some factors that will be considered when calculating the value of your non-economic award/settlement include: Prognosis (will future treatment/surgery likely be required?) Age and overall health of victim prior to accident Family relationships that suffer as a result of the injuries Professional/career consequences of injuries

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