Do I Have a Personal Injury Case?

1. Was Someone Negligent?

Most personal injury cases are based on negligence, meaning someone failed to act with reasonable care. Reasonable care is the level of caution a typical person would use in the same situation. A driver obeying traffic laws or a business addressing safety hazards quickly are examples of reasonable behavior. When someone fails to meet that standard and causes harm, they may be held legally responsible.

While negligence is the most common basis for personal injury claims, some cases involve intentional acts, like assault, or are based on strict liability, such as injuries caused by defective products. An attorney can help you determine which legal theory applies to your situation.

2. Were You Injured as a Result?

Careless behavior alone isn’t enough; you must be able to show that the other party’s actions caused your harm. That harm could be physical, emotional, or financial, but it must be tied directly to the incident. For example, if a store owner ignores a spill on the floor, that may be considered careless or reckless. But if you walk around the spill and aren’t injured by it, you likely wouldn’t have a claim, because there’s no personal injury connected to the conduct.

3. Do You Have Documentation?

Medical records, photos, police reports, and witness statements can all help strengthen your claim. The more evidence you have, the easier it is to prove what happened and what you’ve lost as a result.

4. Timing Matters

In Tennessee, the statute of limitations for most personal injury cases is one year from the date of the injury. Waiting too long can mean losing your right to recover, so it’s important to act quickly.

5. You Don’t Have to Figure It Out Alone

Not every accident leads to a lawsuit, but if you’ve been injured, it’s worth talking to a lawyer who can walk you through your options. At Bery Law, we help clients understand their rights and fight for the compensation they deserve.