“Negligence” is a term that refers to situations where a person or a business fails to act as they should, leading to an injury. When negligence occurs, the people who have suffered can seek to recover their losses from the responsible parties.
Ali Awad, the CEO Lawyer, has helped countless clients in Chattanooga and throughout the southeast when their lives have been impacted by negligence. The carelessness of others can leave deep scars, including not just literal scars but also financial and emotional ones.
Fortunately, our team of motivated attorneys is uniquely equipped to help those in need. We want to give your case a fighting chance, just as we have helped others in our past successfully recover millions in damages.
If you have been hurt and have suffered losses at the hands of another person or business, do not hesitate to give us a call. Reach out by phone at (423) 777-8888 or contact us online to schedule a free, no-risk case review with an experienced Chattanooga negligence lawyer near you.
How Do I Pursue a Negligence Claim With a Chattanooga Negligence Attorney?
Attorney Ali Awad, the CEO Lawyer, and his associates will work closely with you to investigate your claim. Our job is to uncover each of the four parts of negligence described above.
We will then pursue a claim against all negligent parties in order to seek out the maximum amount of compensation available to you and your family.
We handle your case from start to finish, letting you focus on recovering. You remain informed every step of the way, and you will have the opportunity to make the best strategic decisions for your own interests with our help.
You’ll receive simple, no-nonsense explanations about the relevant legal concepts and your options for holding people accountable. We’ll then move forward on your case, helping you file an injury claim seeking all damages.
Many negligence cases can be handled through filing a claim with insurance companies, but some meet a dead end. Any time we determine your claim may lack the evidence you need, or it appears that the at-fault parties aren’t truly interested in making a reasonable settlement offer, we may recommend you file a lawsuit.
Lawsuits can often convince the other parties involved to settle, but some cases will proceed to a hearing with a bench decision or a jury trial.
Rest assured that the CEO Lawyer Personal Injury Law Firm will weigh every option carefully and only proceed with the legal strategies that work in your best interests. We are ready and waiting to start your case and help you recover today!
What Is Negligence?
You may have heard the term “negligent” in casual conversation. Stemming from the root word “neglect,” people often refer to negligence when talking about someone who made a costly mistake they should not have.
Negligence, in the legal sense, means the same thing except with a more specific definition. It refers to situations where someone fails to uphold a duty of care.
This duty could be specifically mentioned in a law, regulation, or professional standard. It could also refer to a general expectation that people and businesses operate using a reasonable amount of care day-to-day.
Anytime a duty of care is breached, it can directly cause an injury. If this injury creates specific costs or damages, such as hospital bills, then the injury victim can seek to hold all negligent parties accountable.
These four items make up the basis of all negligence claims:
- Duty of care
- Breach in duty
- Proximate (direct) cause
- Damages
What Damages Are Available in a Typical Negligence Case?
Every negligence case is different, but most will involve some or all of the following categories of damages:
- Repayment of medical treatment costs
- Compensation for future injury care
- Recovery of lost wages (and lost earnings potential)
- Reimbursement for out-of-pocket expenses
- Replacement or repair of all damaged property
- Compensation for your pain and suffering, as well as emotional distress
- In cases involving a wrongful death, funeral and burial costs
Most Common Types of Negligence Cases in Chattanooga
“Negligence” can refer to a broad variety of case types in personal injury law. Some of the most common include the following:
Car Accidents
Car accidents are one of the most common negligence scenarios nationwide and certainly within Chattanooga. According to statistics from the Tennessee Department of Safety & Homeland Security, Hamilton County has seen 10,275 crashes from 2010 to the first quarter of 2022.
2,725 of these collisions have resulted in injuries, and 40 have led to at least one death. Negligence in a car accident case can take the form of a driver violating traffic laws, getting distracted while driving, or otherwise making foolish decisions that put others in danger.
Medical Malpractice
Negligent healthcare providers violate their professional oath to “do no harm.” They can misdiagnose a condition, fail to diagnose one, or otherwise fail to provide the standard of care expected by their profession.
A report by the Tennessee Department of Commerce & Insurance found that there were 6,432 malpractice claims from 2015-2018 across the state. Claims in the year 2018 alone observed over $3 billion in damages.
Over $86 million in total damages were paid out to harmed patients that year through judgments, settlements, and other resolution methods.
Hazardous Exposure
Chattanooga residents can be exposed to a variety of hazards throughout their day. They may be subjected to falling debris from a construction site, dangerous chemicals from a contract maintenance company, or electrical wiring from a negligent apartment complex.
Any time the actions of a business expose the general public to harm, they can be held accountable for the damages they have inflicted.
Premises Liability
Premises liability is a specific category of negligence law that looks at violations of the duty of care of property owners. The property owner can be an individual or a business.
Sometimes, the current occupant of the property can also be held accountable if they have a duty of care to protect members of the public and any invited guests. Scenarios involving a slip and fall are some of the most common types of premises liability cases, but the case could also involve structural collapses and other hazards.
Dog Bites
Dog owners are expected to keep their animals under control, especially when they know or reasonably should have known that their dog could injure others. If the dog attack occurred in public or in a place where the injury victim was lawful, it is possible for the owner to be held accountable for damages even if they had never observed any aggression or dangerous behavior in the past (Tenn. Code Ann. section 44-8-413).
Chattanooga Negligence Laws
Tennessee law applies a contributory negligence threshold of 50%. That means that the injury victim could have contributed somewhat to the circumstances of their own injury and still seek to recover damages, provided they are less than half responsible.
Tennessee also uses a comparative negligence system. Under this system, all parties are assigned a ratio of responsibility for the injury, and they must then pay for that percentage of damages.
For example, if two drivers equally caused an accident, injuring a third party, then both drivers could be forced to split the damages of the injured party 50:50. In cases where the injury victim contributed to their own injury circumstances, their total award may be reduced by that percentage.
The risk of this happening is one reason why it is critical to work with an experienced injury lawyer who can help you completely and accurately determine who, exactly, is at fault.
How Can the CEO Lawyer Personal Injury Law Firm Help Me?
Ali Awad and his personal injury team will do everything they can to promote the chances of your case’s success. We are passionate about helping the clients we represent, and we do everything we can to maximize their chances of getting back to a normal life after their accident.
Our services include:
- Evaluating your case to determine applicable laws and possible at-fault parties
- Assessment of liable parties’ duty of care and investigation into how they breached that duty
- Extensive research into the laws and legal questions pertaining to your case
- Accurate valuation of your damages, both past and in the future
- Claims filing assistance, including negotiation of a fair injury settlement
- Filing of a lawsuit and other court motions, according to the case’s needs
- Legal representation in every conversation formally pertaining to your accident
- Legal assistance, guidance, and advice, including how to protect your interests throughout your case
Most importantly, all of these services are provided with zero upfront costs, thanks to our contingency arrangements. We only charge our clients when and if we are able to recover money for their damages.
That means there’s no up-front risk to you and no reason to delay starting your case as soon as possible!
Work With a Proven Chattanooga Negligence Law Firm
The CEO Lawyer Personal Injury Law Firm not only has the experience and legal tenacity to assist you, but we also have compassion. Our firm strives to help those who don’t usually have access to legal representation and who may be suffering greatly from the effects of someone else’s negligence.
Let us help you seek to recover all of your damages while fighting for justice for the injuries you have suffered.
Founding attorney Ali Awad is followed by over a million people on social media, providing them with free legal tips and information. Follow him at @ceolawyer to see why he’s sought after for the powerful and informed legal representation he can offer.
Get started seeking the damages you need to move on with your life by scheduling your free, no-obligation case evaluation now. Book your free case review with a professional negligence attorney in your area when you call (423) 777-8888 or contact us online.
