What is a Tort Case, and What Does It Involve in Tennessee?

A tort case in Tennessee generally refers to a civil action brought by a person against another person, corporation, or governmental entity to claim monetary compensation for injuries suffered due to the other person’s actions or inaction. The injury may involve bodily harm, property damage, reputation, or financial loss. A tort case typically provides an avenue for such an injured person to appeal to the state’s Judicial Authority to seek compensation.

Tort cases in Tennessee are heard by the circuit courts, which are trial courts of general jurisdiction over civil and criminal cases. These courts’ decisions may be appealed to the Court of Appeals and ultimately to the Supreme court.

Any person who has suffered some form of personal injury due to another person or entity’s conduct is generally eligible to file a tort case in a court of law. The person claiming the damage is required to prove that the injury did occur as a fault of the other party’s action before the court. An injured person is eligible to file a tort case within one year (for physical injuries) or three years (for property damage) from the time of occurrence before losing the right to do so. Persons who suffer injuries due to a breach of contract are not eligible to file a tort case.

Public records in Tennessee may also be accessible through third-party websites. These websites are a convenient alternative to official sources since they typically aggregate records from various geographical locations and enable remote access to them simultaneously. To search these sites, users are usually expected to provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state in which the person resides or was accused
• Third-party sites are generally operated independently of government sources and agencies. Consequently, record availability, accuracy, and validity on third-party sites may vary.

What is Tennessee Tort Law?

Tennessee tort law generally declares persons’ rights to seek compensation for damages suffered due to the conduct of another entity. Tennessee tort laws are contained in Title 29 (Remedies and Special Proceedings) of the Tennessee Code.

What Kinds of Cases are Covered by Tort Law in Tennessee?

Tort law in Tennessee covers forms of cases that involve the infliction of injury on a person due to the conduct of another person, corporation, or governmental entity. A tort case can be divided into three types in Tennessee:

• Tort Case for Intentional Act: This covers deliberate actions on the part of one person, leading to another’s personal injury. It also covers actions which a person knows or should know is unsafe and can cause personal damage to another person.
• Tort Case for Negligent Conduct: This refers to cases in which a person causes an injury to another through carelessness or unsafe acts.
• Tort Case for an Injury Suffered Due to Another Party who is Inherently Liable for the Harm: A party may also be guilty of committing a tort if the individual’s actions or inactions were not deliberate or negligent, causing harm to another. For example, faulty medical equipment.

What are the Differences Between Criminal Law and Tort Law in Tennessee?

Tort law in Tennessee generally acts against persons who cause personal harm, while criminal law addresses individuals who commit crimes against the state. Tort law covers cases brought by members of the public against each other, a corporation, or a governmental entity for an injury suffered. However, under criminal law, the case is presented by the state against the offender. Despite this distinction, some overlap still exists between tort law and criminal law in Tennessee. Some criminal acts against the state, but which cause personal injury to a person are typically regulated under tort law and criminal law.

What is the Purpose of Tort Law in Tennessee?

Tort law in Tennessee generally functions as protection for its citizens against unfair loss of health integrity, property, or any other form of personal security due to the conduct, deliberate or not, of another person, corporation, or governmental entity. The law protects people from suffering unfairly without any chance at recourse.

What is a Tort Claim in Tennessee?

Tennessee’s tort claim is a demand for reparation due to an unlawful injury suffered by individuals, properties, reputation, or financial situation. Parties affected may file for tort claims in a court of law in accordance with Chapter 29 of the Tennessee Code.

How Do You File a Tort Claim in Tennessee?

Interested persons looking to file a tort claim should fill out a claim form or the Tennessee Criminal Injuries Compensation Application and file it at the court. The petitioner should also inquire if the county requires filing fees and the number of copies needed to be filed with the original claim. For general liability in Tennessee, the limit for automobile liability and professional malpractice is $300,000 for a person and $1 million for each occurrence. Individuals who have been injured or suffered a type of loss due to a state employee or federal officer’s negligence may file a claim against the state. However, the court typically requires proof of negligence before proceeding with the claim.

What Does a Tort Claim Contain in Tennessee?

Tort claims are filed for financial losses, physical injuries, property damage, or psychological harm. When filing a tort claim, it should  typically include;

• The name and address of the petitioner
• The address of the defendant where the petition is sent
• A brief description of the injury
• The date, event, place, and what occurred during the time of the injury
• The name of the parties/employees that caused the damage (if known)

What Happens after a Tort Claim is Filed in Tennessee?

After filing for a tort claim at the court, the claimant may receive an acknowledgment letter, which may include requests for supporting documents. The Division of Claims and Risk Management typically takes 90 days to review and assess the claim before deciding whether the evidence provided is enough or the request should be discarded. The petitioner may expect a response and a court date after 90 days and may decide whether to hire an attorney or handle the case alone.

Why Do I Need a Personal Injury Lawyer for a Tort Claim?

Employing a personal injury lawyer for a tort claim may increase the chances of having a successful legal action. For instance, if the petitioner files the tort claim against a company, there is a possibility that the company will engage lawyers in the case. These lawyers are likely to be professionals with great experience and superb knowledge. Hence, procuring a lawyer may be in the petitioner’s best interest. If the petitioner decides to start the case alone and then procure a lawyer later, it might complicate the claims process. If unsure, petitioners may consider hiring an attorney for a consultation.

How Can I Find a Personal Injury Lawyer Near Me?

Interested persons may find a personal injury lawyer online via the US. Legal Aid anywhere in the United States. Parties may also visit the court to make inquiries.