After being injured in a workplace accident, most employees in Brentwood, Tennessee, can file a workers’ compensation claim to help cover medical expenses and lost wages. In some cases, employees can also pursue a lawsuit against the party who was responsible for the accident.
For example, if an employee is injured in a car accident while on the job, or on private property while performing their job duties, a workplace accident lawsuit may be warranted.
In these cases, employees can seek compensation beyond what is available in workers’ compensation claims. Instead, plaintiffs in workplace accident cases might be able to seek compensation for all of their accident-related losses, including pain and suffering or diminished quality of life.
If you’ve been injured in a workplace accident, navigating the complexities of your legal options can be quite daunting. Our qualified Brentwood workplace accident lawyer at Labrum Law Firm Personal Injury Lawyers is here to guide you through this complex situation.
How Labrum Law Firm Personal Injury Lawyers Can Help After a Workplace Accident in Brentwood
When you hire our award-winning Brentwood personal injury lawyer, we’ll fight to help you recover compensation for all of your injuries. We’ll take the following specific steps to help you achieve the best possible outcome in your case:
- Listen to your story and review your workplace accident case
- Investigate the accident further and identify all at-fault parties
- Explain your legal options and offer sound legal advice
- Gather evidence to support your claims
- Assess the extent of your damages
- Contact the insurance company on your behalf to negotiate a settlement
- Take your case to court if a favorable settlement can’t be reached
Contact our office today to learn more about our legal services after a workplace accident in Brentwood, TN.
How Common Are Workplace Accidents in Brentwood, TN?
In 2022, there were 55,400 workplace injuries at private employers in Tennessee. Nationwide, there were approximately 2.3 million workplace accidents and 5,486 fatal workplace accidents. This amounts to about 2.3 injuries per 100 full-time employees.
What Is My Brentwood Workplace Accident Case Worth?
Several factors can come into play when determining the value of a workplace injury claim.
These factors include:
- The extent of your injuries and medical costs
- The extent of any property damage your suffered
- The extent of any other damages you suffered
- Whether you were partly to blame for the accident
- The policy limits on any relevant insurance policies
- Whether you are eligible to file a personal injury lawsuit
Our experienced Brentwood workplace accident lawyer can explain how these factors influence the value of your claim.
What Kind of Damages Are Available to Personal Injury Victims
If you were injured in a workplace accident, you may be able to pursue compensation in the form of damages through a workplace accident lawsuit.
Damages in personal injury cases—including workplace accident cases—can be divided into two main categories: economic damages and non-economic damages.
Economic damages relate to the direct financial consequences of your accident or injury. Economic damages are sometimes called tangible damages or special damages.
- Past and future medical costs;
- Property damage;
- Lost wages;
- Loss of earning capacity;
- Transportation costs; and
- Other out-of-pocket expenses.
Most of these damages are straightforward to calculate because they’re associated with a transaction, receipt, or other form of documentation. Other damages, such as diminished earning capacity or future medical costs, are harder to calculate and more likely to be challenged by the opposing party.
Our experienced Brentwood workplace accident lawyer will help you assess the full extent of your economic damages.
In contrast, non-economic damages relate to psychological, emotional, or experiential consequences of the accident or injury. Accordingly, they are sometimes called intangible damages or general damages.
- Pain and suffering;
- Mental anguish;
- Loss of consortium; and
- Diminished quality of life.
Given their subjective nature, non-economic damages are harder to calculate than economic damages. Our legal team can help you calculate the extent of your non-economic damages and fight to recover them in your case.
How Much Does It Cost To Hire a Workplace Accident Lawyer in Brentwood?
Personal injury lawyers—including ours—usually accept cases on a contingency fee basis. A contingency fee is collected at the end of the case if the attorney successfully recovers compensation for the client. If they don’t win the case, then the attorney doesn’t get paid.
A contingency fee can be especially beneficial to workplace accident victims who may be dealing with medical bills, lost wages, and other unexpected costs. You don’t have to pay any attorney’s fees upfront, so anyone can hire legal representation in their workplace accident case, regardless of their financial situation.
Can I Recover Compensation if I’m Being Blamed for a Workplace Accident in Brentwood?
If you’re being blamed as partly at fault in a workplace accident, you may still be able to recover compensation, but it depends.
Tennessee has a “modified comparative negligence” law that allows a personal injury claimant to recover compensation so long as they were less than 50% at fault. This means that the claimant can recover compensation if they were 49% or less at fault. However, their compensation will be reduced in proportion to their percentage of fault.
If the claimant is found to be 50% or more at fault, then they will be barred from recovering compensation in a workplace accident lawsuit.
Keep in mind that it generally does not matter if you’re at fault for getting workers’ compensation benefits. Yet, if you pursue a personal injury lawsuit, being blamed for the accident can have a huge impact on your ability to recover damages.
If you hire us, we will work to ensure that you don’t bear more than your fair share of the blame.
How Do I Prove Negligence After a Workplace Accident in Brentwood, TN?
If you file a lawsuit in your workplace accident case, you will likely need to prove that the at-fault party was negligent. In personal injury cases, negligence means failing to exercise reasonable care and caution under the circumstances.
To prove that the defendant was negligent, you must prove the following four elements:
Duty of Care
A duty of care is a legal obligation to adhere to a certain standard of care toward others. In general, one has a duty to act the way a reasonably prudent person would under the circumstances. You must prove that the defendant owed you a duty of care, such as a duty to drive reasonably under the circumstances.
You must prove that the defendant violated or breached the duty of care. Often, this means showing that the defendant failed to act reasonably.
You must show that the defendant’s actions or inactions were the factual and legal cause of your injuries. The factual cause means that the accident would not have occurred without the defendant’s conduct. The legal cause means that the plaintiff’s injuries were a reasonably foreseeable consequence of the defendant’s conduct.
Finally, you must show that you suffered injuries or other harm.
You’ll need to assert each of these elements “by a preponderance of the evidence,” which means enough proof to show that each element is more likely than not true.
How Long Do I Have To File a Lawsuit After a Workplace Accident in Tennessee?
The deadline for filing a lawsuit based on personal injury in Tennessee is one year. This time limit is called the statute of limitations, and it applies to workplace accident cases.
If you don’t file your case within this one-year timeframe, you will not be able to file your case unless a rare exception applies. For workers’ compensation claims, you’ll need to notify your employer within 15 days to get benefits.
It’s crucial that you’re aware of the deadline for filing your case. Our seasoned workplace accident attorneys will calculate the deadline for filing your case and ensure that it is filed on time, if necessary.
Contact Our Brentwood Workplace Accident Lawyers for a Free Consultation
If you’ve been injured in a workplace accident in Brentwood, TN, due to someone else’s carelessness or negligence, you may be able to recover compensation through a personal injury lawsuit. You might also be able to collect workers’ compensation benefits.
These cases can be complex, but our experienced Brentwood workplace accident attorney is here to help.