COMPENSATIONIn a Tennessee Personal Injury

Lawsuit

What Qualifies as a Personal Injury Accident?

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

Intentional Torts, Strict Liability and Negligence

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

Intentional torts – an intentional tort occurs when someone’s intentional

conduct causes injury

Strict liability – strict liability does not look at the mindset,

or mens rea, of the defendant

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

was injured

Negligence – most personal injury accident cases are evaluated using

a negligence standard

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

Damages –Economic, Non-Economic and Punitive

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

accident

Non-economic damages are what people often refer to as “pain and

suffering”, though they actual cover much more than that

In situations where punitive damages are potentially available,

the victim has to prove that the defendant’s conduct was malicious, intentional, fraudulent, or reckless

Calculating Damages

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

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

LEARN MORE ABOUT COMPENSATION IN MURFREESBORO, SMYRNA, AND LA VERGNE

www.stanbennettlaw.com