Personal Injury Lawyer in Jackson TN

Elements of Negligence

Personal injury law covers a broad spectrum of actions and behavior whereby, in the vast majority of cases, you have been injured through the negligence of another. It is common to speak of the resolution of such matters as dependent on which party was at fault and how much the case is worth. Although these are important considerations, to prevail in a personal injury claim and recover for the injuries you have sustained, an attorney must prove the negligence of the defendant by a showing of the presence of four key elements.

Duty

It must be shown that the defendant owed you (the injured plaintiff) some sort of duty. Absent a special duty that may be owed by the nature of the relationship between two parties, there is a general duty of care that each individual owes to another to avoid placing him or her in danger of harm. In some cases, the duty is clear; as an example, the Tennessee law cites specific rules and regulations for driving. In many other instances, there are not such defined standards, and a Jackson injury lawyer can explain that the duty of care is to act reasonably under the circumstances.

Breach of Duty

Once a duty has been established, it must be proved the defendant breached that duty in some manner.

Causation

There must be a direct link between the breach of duty of the wrongful party and your injury such as a rear end collision, running a stop sign, or running a red light.

Damages

We will recover money damages for your pain and suffering, loss of enjoyment in your life, medical bills, lost wages, permanent injuries, as well as damages for the impact to your marriage or family relationships. The plaintiff must have suffered a measurable loss that is definite and calculable. It may include physical, emotional, property, and other types of damages.