Auto collisions cause more personal injuries than any other single type of accident, not only in Tennessee but across the United States. Though, despite the frequency with which accidents like this occur, filing suit over one is not a simple process— especially if you are not familiar with how civil litigation works in the Volunteer State.
If a negligent driver caused you serious physical harm, a conversation with a Bartlett car accident lawyer could be a crucial step to take to protect your future prospects. With the support of a dedicated personal injury attorney at Reaves Law Firm, PLLC, you could more effectively enforce your right to demand comprehensive recovery from the person responsible for your injuries, without having to worry about common legal obstacles.
A comprehensive civil claim following a traffic accident in Tennessee can demand restitution for every form of harm an injured person sustains in the short- and long-term, including both economic and non-economic losses. Specific damages that Bartlett car accident attorneys often factor into claims include:
Importantly, though, Tennessee Code §29-39-102 limits recovery for non-economic damages like pain and suffering to a maximum of $750,000 per plaintiff, or $1,000,000 for any plaintiff who sustains a “catastrophic injury,” like spinal cord trauma causing permanent paralysis. TN Code §29-39-104 likewise caps punitive damages—which a court may award based on clear evidence that a defendant engaged in fraud or egregiously malicious conduct—at $500,000 or twice the value of awarded compensatory damages.
Holding someone—or more often in practice, their car insurance provider—financially liable for a car wreck generally requires proving that they caused the incident in question through some form of negligence. This means showing that they violated the duty every driver has to follow traffic rules and otherwise act responsibly behind the wheel, and in doing so directly caused a crash that would not have otherwise occurred.
Establishing that legally actionable negligence occurred can require evidence from multiple sources, including:
It is also important to establish that an injured person did not bear any fault for causing or worsening their own accident-related injuries, since Tennessee court precedent would allow a court to reduce a plaintiff’s recoverable compensation or even bar them completely from recovery based on their degree of fault.
Finally, it is essential to build and file a compelling claim within the applicable filing deadline, which TN Code §28-3-104 sets at one year after an injury first occurred. A seasoned lawyer’s representation can be key to understanding and navigating around these rules following a traumatic auto accident in Bartlett.
Motor vehicle collisions can be harrowing to go through and even more challenging to live with the consequences of, particularly when they result in serious injuries that last for months or years. Effectively pursuing monetary damages through a legal claim may be your best means of preserving your financial security and long-term prospects.