Personal Injury LawyerServing Tennessee & Georgia
Personal injury law usually relies on the theory of negligence, as it allows people to be held financially responsible for injuries they cause by accident rather than by intention.
In order to hold a defendant liable for injuries based on negligence, a civil plaintiff must establish that the defendant owed them a duty of care, subsequently violated that duty and directly caused an accident that resulted in the losses for which the plaintiff is seeking compensation.
The best way to establish these elements varies significantly from case to case.
For example, all drivers on public roads owe other commuters the same duty to drive responsibly, but certain parties, like doctors and property owners, owe different people different duties of care depending on the circumstances.
Working with a local attorney who is experienced with different areas of personal injury law is usually the best way for an injured person to determine who caused their damages and ensure they are held accountable for them.




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Civil Recovery for a Personal Injury?What Could Hinder
Several legal hurdles can complicate personal injury lawsuits, especially in states like Tennessee and Georgia. One common challenge is comparative negligence, a principle that can reduce or eliminate compensation based on the degree of fault the injured party bears for their own injuries. In Tennessee, even slight fault could bar recovery, while Georgia allows recovery as long as you are less than 50% at fault.
Another consideration is how non-economic damages—such as pain and suffering—are handled. Tennessee imposes caps of $750,000, increasing to $1 million for catastrophic harm. Georgia, however, generally does not cap non-economic damages, except in medical malpractice cases.
Time is also a critical factor. Tennessee’s statute of limitations under Tennessee Code §28-3-104 requires personal injury cases to be filed within one year of the injury. In contrast, Georgia allows two years to file, per O.C.G.A. § 9-3-33.
Understanding these differences can be vital when pursuing a claim. A personal injury lawyer experienced in both Tennessee and Georgia law can guide you through the process and help overcome these legal barriers.