After getting injured because of another person’s negligence, you may be able to file a personal injury lawsuit in Gallatin.
When suing for personal injury in Gallatin, it is important that you have ample evidence in support of your claim. To gather evidence, report your accident when it occurs. This might include calling law enforcement or sending a written report to a negligent party. Then, get medical attention for your injuries. After that, our lawyers can obtain other evidence, like statements from eyewitnesses and footage from security cameras. Without such evidence, you will be unable to meet the burden of proof against the defendant. Gathering evidence quickly is important, as the statute of limitations for personal injury claims in Gallatin is just one year. If you do not file by the deadline, you will not be able to claim compensation.
To have Howe Law’s Gallatin, TN personal injury lawyers review your case for free, call (844) 876-4357 today.
How to Gather Evidence for Your Personal Injury Case in Gallatin, TN
In order to recover compensation for your damages following an accident in Gallatin, you must gather evidence of the negligent party’s fault for your injuries and losses. To do this, report an incident right away. Then, get immediate medical attention. Other evidence, such as eyewitness statements and surveillance footage, can be useful to your claim as well.
Report Your Accident
Begin by reporting the incident that caused you injury. Based on the type of accident, calling the police might be necessary. If you report your accident to the police, the incident report cannot be used as evidence in your case. Still, the report can help document your injuries and another party’s negligence. If a victim was injured on another person’s property, they should inform the property owner of their injuries, preferably in writing. Creating documentation of the accident and your immediate injuries will be crucial to the success of your future claim.
Get Medical Attention
Medical evidence of your injuries will be some of the most important evidence in your case. To get compensation in an injury claim, you must prove that an injury exists. So, get medical attention immediately. This is important whether you believe your injuries are minor or major. Doctors can assess your injuries and diagnose them as necessary. You can continue to build medical evidence of your injuries by seeking constant care. Do not stop getting treatment for your injuries until you are healed. Having gaps in your medical treatment might jeopardize your case in Gallatin.
Speak to Eyewitnesses
Eyewitness statements can be persuasive evidence in an injury claim in Gallatin. To obtain statements from eyewitnesses, speak to them following your accident. Then, give their names and contact information to our Gallatin personal injury lawyers. We can get in touch with eyewitnesses and get their statements. Statements from others, like expert witnesses, can also be useful to your case.
Obtain Photos and Surveillance Footage
Depending on the situation surrounding your accident, there might be photographic evidence. Victims should take pictures of their injuries immediately after they occur. You can take photos of the cause of your injuries as well, such as an obstruction or hazard that caused you to trip and fall. In some instances, surveillance footage is available. Our lawyers will contact the owners of nearby security cameras to obtain such footage. If owners refuse to hand over footage willingly, we can subpoena it. Acting quickly in these instances is important to ensure surveillance footage is not deleted.
The Burden of Proof in Gallatin, TN Personal Injury Lawsuits
In all personal injury claims, the burden of proof is on the plaintiff. In short, it is our responsibility to prove that the defendant is liable for your injuries.
Fortunately, the burden of proof in civil claims is lower than that of criminal cases. In a personal injury lawsuit, a victim only has to prove that it is more than likely that a defendant caused their physical injuries. Gathering all of the evidence mentioned above, such as incident reports, medical records, eyewitness statements, photographs, and security camera footage, can allow you to meet the burden of proof more easily.
If you cannot prove that a defendant caused your injuries or is more at fault for your damages than you are, you will not recover compensation for your damages.
Understanding the Statute of Limitations for Personal Injury Cases in Gallatin, TN
Tennessee has a very short statute of limitations for personal injury claims. This can greatly limit victims’ ability to recover compensation for their damages if they do not act quickly enough.
Comparatively speaking, the suing deadline for personal injury lawsuits in Tennessee is very restrictive for victims. Because it is only one year from the date of the accident, victims must act fast if they wish to recover sufficient compensation for their damages. While a few exceptions to the statute of limitations exist, such as tolling for minor victims and in instances of delayed discovery, victims should not expect that such exceptions will apply to their cases.
If you miss the deadline for your case, what will happen? Unfortunately, you will be barred from recovery. This means you will be unable to get compensation for your damages via a lawsuit or insurance claim. Since this is not an option for most injury victims in Gallatin, our lawyers will begin investigating your case right away so that you can file as soon as possible following your accident.
Delaying filing is not advisable for several reasons. First and foremost, waiting to bring your claim could cause you to miss the deadline. Furthermore, putting off filing might cause certain evidence to be destroyed, putting your claim at risk.
Call Our Gallatin, TN Attorneys to Discuss Your Injury Case Today
You can call Howe Law at (844) 876-4357 to get a free case analysis from our personal injury lawyers.