Physical injuries can occur at any time, especially when other people act negligently or maliciously. If someone directly causes physical harm to another person through their own misconduct, that irresponsible individual or entity could bear financial liability for all the consequences of their actions.
If you were hurt in an accident, assistance from knowledgeable legal counsel could be crucial in effectively enforcing your right to comprehensive civil recovery. By working with a Cleveland personal injury attorney, you could improve your chances of securing a favorable claim resolution and getting the compensation you deserve.
While it is possible to file civil suit for injuries sustained through a criminal act, the most common legal justification for personal injury claims in Cleveland is “negligence.” This involves the idea that everyone should be held accountable for harm they caused inadvertently through reckless or careless conduct. To secure compensation for an injury caused by negligence, the injured plaintiff must establish that the defendant(s) in their claim meet basic criteria for legal negligence.
The defendant must have had an explicit or implicit obligation to act reasonably and safely under certain circumstances. For example, motor vehicle drivers have the responsibility to follow traffic laws and pay attention to other cars. Similarly, property owners have an obligation to reasonably maintain their land in good condition. The defendant must have failed to meet that responsibility through some reckless or careless action.
The defendant’s irresponsible conduct must have been the direct and primary cause of an accident involving the injured plaintiff. That accident must have directly caused the injuries and subsequent losses for which the plaintiff seeks compensation. A Cleveland personal injury attorney could explain these concepts in greater detail and provide crucial assistance building a compelling case around the appropriate legal theories.
It is important for personal injury plaintiffs in Cleveland to prove not only that someone else is liable for their injuries based on negligence, but that their own negligence did not contribute to causing or worsening their injuries. According to Tennessee civil court precedent, injured victims found partially at fault for their own damages may be subject to a proportional reduction of their final damage award or settlement’s value. If they are found primarily to blame for the accident, they may even be barred from recovery altogether.
On top of that, Tennessee Code §28-3-104 sets a filing deadline of one year after an accident occurs for most prospective personal injury plaintiffs to start pursuing litigation. A skilled personal injury attorney in the area could help victims comply with this strict time limit and navigate around other possible legal roadblocks.
It can be challenging to achieve positive results from a personal injury lawsuit, especially without legal counsel. Every individual case has unique elements and requires its own distinct legal strategy.
A capable Cleveland personal injury lawyer can help ease the process of pursuing fair compensation. Call today to discuss your unique situation and get the legal guidance you need to move forward with your life.