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What is a Tort Case, and What does it Involve in Tennessee?

A tort case in Tennessee 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 can involve bodily harm, property damage, reputation, or financial loss. A tort case 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 can 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 eligible to file a tort case in a court of law. The person claiming the damage must prove that the injury did occur as a fault of the other party’s action before the court. An injured person is only 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.

Records that are considered public may be accessible from some third-party websites. These websites often make searching simpler, as they are not limited by geographic location, and search engines on these sites may help when starting a search for a specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must 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 that person resides in or was accused in.

Third-party sites are independent from government sources, and are not sponsored by these government agencies. Because of this, record availability on third-party sites may vary.

What is Tennessee Tort Law?

Tennessee tort law 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 all 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 all deliberate actions on the part of one person, leading to another’s personal injury. It also covers all 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 can 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 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 regulated under tort law and criminal law.

What is the Purpose of Tort Law in Tennessee?

Tort law in Tennessee 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 can 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 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 can file a claim against the state. However, the court will require 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 must include;

  • The name and address of the petitioner
  • The address the defendant where the petition will be 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 will receive an acknowledgment letter, which may include requests for supporting documents. The Division of Claims and Risk Management 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 can expect a response and a court date after 90 days and can 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 can 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 will be professionals with great experience and superb knowledge. Hence, procuring a lawyer will 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, hire an attorney for a consultation.

How Can I Find a Personal Injury Lawyer Near Me?

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

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