An injury sustained in an accident caused by another person’s misconduct can have a long-lasting impact on your life. When an injury is severe enough to result in disability or disfigurement, you may face challenges that permanently change your day-to-day life going forward.
If you or a loved one suffered serious harm in an accident, guidance from an experienced personal injury attorney may be essential to effectively protect your best interests. At Yates & Wheland, a Hamilton County catastrophic injury lawyer could be your steadfast ally from start to finish of your case. Our team could work to ensure you are compensated for the past and future consequences of your accident.
In the legal sphere, “catastrophic” refers to injuries with permanent and debilitating effects. This definition applies to catastrophic injury claims in Hamilton County and throughout Tennessee.
Specifically, Tennessee Code §29-39-102(d) defines a “catastrophic injury” to be any one or more of the following conditions:
This definition is important because of the limits—or “caps”—that apply to total financial recovery for non-economic damages stemming from personal injuries. In a typical claim, the most an individual plaintiff could recover for all losses of this nature combined would be $750,000. As an experienced local attorney could explain, the cap for cases involving “catastrophic injuries” as defined above is raised to $1,000,000.
Unfortunately, there are several ways other than damage caps in which state law can potentially restrict a catastrophic injury victim’s ability to recover financially for their losses. For example, if a plaintiff is found equally or more at fault than the defendant for causing their own damages, they cannot recover any compensation for ensuing losses. Furthermore, any percentage of fault less than 50 percent may result in a proportional reduction in the value of whatever damage award they ultimately receive.
It is worth noting also that TN Code §28-3-104 allows prospective personal injury claimants just one year after discovering their injuries to file suit in most situations. A dedicated catastrophic injury attorney can help victims in Hamilton County to overcome these procedural obstacles and effectively pursue comprehensive recovery.
Injuries deemed “catastrophic” under Tennessee state law cause life-altering harm, which makes them uniquely difficult to recover comprehensive compensation for. Without seasoned legal representation on your side, it may be difficult to obtain a fair amount of compensation. Pursuing a legal claim is difficult, especially when recovering from serious physical harm.
Luckily, skilled legal assistance is available from a Hamilton County catastrophic injury lawyer at our firm. The legal team at Yates & Wheland is experienced in handling these types of claims and could advise you on the best course of action for your situation. Learn more by calling today.