{"id":549,"date":"2023-10-06T13:45:41","date_gmt":"2023-10-06T13:45:41","guid":{"rendered":"https:\/\/wkjustice.wpengine.com\/?p=549"},"modified":"2023-11-16T09:07:17","modified_gmt":"2023-11-16T09:07:17","slug":"understanding-personal-injury-law","status":"publish","type":"post","link":"https:\/\/wkjustice.com\/es\/blog\/understanding-personal-injury-law\/","title":{"rendered":"I.N.J.U.R.Y. COMO ACR\u00d3NIMO: COMPRENDIENDO LA LEY DE LESIONES PERSONALES"},"content":{"rendered":"\t\t
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I.N.J.U.R.Y. AS AN ACRONYM: UNDERSTANDING PERSONAL INJURY LAW<\/h1>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t
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I<\/strong>ncident
N<\/strong>egligence
J<\/strong>ustice
U<\/strong>s
R<\/strong>ecovery
Y<\/strong>ou<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t

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Incident<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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To have a legal claim for personal injuries you must first have an incident that causes physical and\/or emotional injury.\u00a0 For example, if you are injured after a car accident or injured while shopping at a business an incident has occurred.\u00a0 If you are injured in an incident, protect your potential case immediately.\u00a0 Two important ways you can protect your case are to collect and preserve evidence and to get immediate medical treatment.\u00a0\u00a0<\/p>

For example, always having the police complete a crash or accident report immediately following your motor vehicle accident.\u00a0 Or, if you are injured while a customer of a business always complete an incident report at the business with an employee of that business as soon as practical.\u00a0 Also, take pictures of any evidence or damage, and make sure all parties involved in the incident preserve video evidence, including surveillance video.\u00a0 Tennessee law requires parties to preserve evidence related to a claim, and this includes any social media posts related to the incident.\u00a0 Last, always seek medical treatment for your injuries immediately following your incident.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Negligence<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Once an incident has occurred, the heavy lifting begins.\u00a0 \u00a0In order to win your personal injury claim, you must legally prove someone else\u2019s negligence caused your injuries and that they are liable for your damages.\u00a0 In personal injury cases, especially premises liability cases, proving negligence is often difficult.<\/p>

Negligence has multiple legal elements you must prove.\u00a0 To keep things simple, (which is hard to do when discussing negligence!) the elements of Negligence are:\u00a0 Duty, Breach, Causation, and Damages.\u00a0 To win your case, you must prove each element.\u00a0 Insurance companies and big businesses have vast resources to fight your claim of negligence.\u00a0 They will use tricky tactics to minimize your claim, scare you into taking a tiny settlement, or just plainly tell you they are not responsible and will not pay.\u00a0 They will even fight you on each element of negligence looking for any way to avoid some or all of the responsibility for the incident.<\/p>

Last, another tricky aspect of proving negligence is the legal doctrine of comparative fault.\u00a0 Tennessee is a modified comparative fault state.\u00a0 This is a fancy way of saying you can be found responsible for some or all of your own injuries.\u00a0 As long as you are found to be 49% (or less) responsible for your own injuries, you still may be able to recover damages against a negligent party.\u00a0\u00a0<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Justice<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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When you are injured in an incident caused by someone else\u2019s negligence you deserve justice from our civil legal system. Just because the insurance company or giant corporation tells you \u201cno\u201d or refuses to pay for your claim does not mean you are out of options.\u00a0 A simple way to view our civil justice system is to view it as an economic system.\u00a0 Meaning, the way you achieve justice is by winning compensation (i.e. money) for your injuries.\u00a0\u00a0<\/p>

When you are injured you have the right to be heard, which includes the right to a jury trial if the required legal elements are met.\u00a0 No matter what you are told or how hard the fight may seem, you deserve to have your day in court if that is what is best for your case.\u00a0 The more you are persistent and stay patient for the duration of your case, the insurance companies and big businesses start analyzing your claim in terms of risk exposure.\u00a0 If they know you are willing to stay patient and persistent they will factor that into their risk analysis.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Us<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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If you go it alone, a personal injury claim often requires navigating through complicated issues and complex legalities against an adversary (like an insurance company) who knows the game better than you.\u00a0 \u00a0When you hire an injury lawyer to represent you it evens the playing field against the deep-pocketed insurance companies and corporations who will unleash their vast and experienced defense lawyers to beat your case.\u00a0 If you hire Weir & Kestner Injury Lawyers,\u00a0 together we will fight to ensure your injury rights are not only protected, but that your compensation is maximized under our civil justice system.\u00a0 \u00a0<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Recovery<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Winning a personal injury claim or lawsuit is the ultimate goal of every case.\u00a0 It is an extremely satisfying result for a personal injury lawyer to know that they helped a client get the justice they deserve.\u00a0 When an accident injury lawyer wins a case in and out of court, the client gets monetary compensation called a recovery.\u00a0 In the injury law context a recovery should adequately compensate a client for his or her economic and non economic damages.\u00a0 Past medical bills and lost income are examples of economic damages, while pain and suffering or lost enjoyment of life are examples of non economic damages.<\/p>

A good injury attorney will know jury verdicts statewide and be able to provide a range of potential verdicts given the facts of your case.\u00a0 But make no mistake, a trial is a lot like gambling…you never know for sure what the outcome will be.\u00a0 That is why having open communication with your lawyer about topics such as expected outcomes, case strategy, or how damages are calculated help you make informed decisions about your case.\u00a0 In the end, you want to maximize your recovery.\u00a0 The best way to do that is to trust and listen to advice from your lawyer, understand the case process, and make decisions that are best for you and your family.\u00a0<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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You<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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A claim for personal injuries is ultimately all about YOU.\u00a0 Your health and physical wellbeing may forever have been altered by someone else\u2019s negligence.\u00a0 Following an accident, you owe it to yourself and your family to seek advice about your legal options.\u00a0 If you delay talking to an injury lawyer after an incident caused you to be injured, you are losing valuable time.\u00a0 Things like destruction of important evidence or statutes of limitation can negatively impact your case significantly.\u00a0 Not to mention the insurance company or corporation starts working against you immediately.\u00a0 In the end, make your health a priority following an accident.\u00a0 Living through pain can permanently diminish the quality of your life.\u00a0 You deserve protection from our civil justice system.\u00a0 \u00a0<\/p><\/article>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Are You the Victim of a Personal Injury Accident in Tennessee?<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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You have every right to seek justice. The experienced legal team at\u00a0Weir & Kestner Injury Attorneys<\/a>\u00a0focus on providing the best possible representation to victims of all types of personal injuries caused by the negligence of others.\u00a0<\/p>

Contact us online<\/a>\u00a0or call our office directly at\u00a0615.220.4180<\/strong>\u00a0to schedule your free consultation. We’ll arrange a time to meet with you at one of our offices in\u00a0Smyrna<\/a>,\u00a0Nashville<\/a>,\u00a0Murfreesboro<\/a>\u00a0or\u00a0Chattanooga<\/a>\u2014whichever location is most convenient for you.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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by<\/span> Joe Weir<\/a><\/strong><\/div>
Helping personal injury victims win their case and lose their stress.<\/div>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t
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