La Vergne Car Accident Attorney
Request Free ConsultationSpinal cord and back injuries can make it difficult for you to work or complete daily living tasks. Post-traumatic stress disorder can make it impossible for you to get back to your life, in part, due to the crippling anxiety and depression you were diagnosed with following the collision. A traumatic brain injury can leave you permanently disabled and require medical assistance for the rest of your life. If you have suffered catastrophic injuries in a car accident that has turned your world upside down, and someone else is at fault, you may have the right to financial compensation.
Bringing the at-fault party to justice is possible when you have a reputable La Vergne car accident attorney from Selvidge Injury Law advocating for your rights. With 10+ years of legal experience and a knack for zealous representation, our team knows what it takes to win. Let our La Vergne personal injury lawyers help you and your family overcome the odds and demand the compensation you are entitled to. Contact us to request a 100% free consultation and learn more about how the car accident claims process works in Tennessee.
Filing an Insurance Claim After a Car Accident in La Vergne
Tennessee follows fault insurance laws as described under Tennessee Financial Responsibility Laws. After being involved in an accident, you will typically file a claim with the insurance company. Since car accidents in La Vergne are handled in accordance with TN tort laws, this means you will file a claim with the at-fault party’s insurance provider. The driver who hit you should have auto insurance coverage as described by the Tennessee Department of Revenue.
This means the at-fault party’s insurance provider will be expected to cover at least a portion of your medical expenses and property damages. However, your insurance settlement will be limited by the at-fault party’s insurance policy. If your damages exceed their coverage limits, you will have an excess of losses that the insurance company does not compensate you for. Fortunately, these types of damages can be recovered through your car accident lawsuit with the help of Selvidge Injury Law.
La Vergne Car Accident FAQ
How do punitive damages work?
Punitive damages are a type of award that may apply to your car accident case. Unlike compensatory damages which you are entitled to, punitive damages are different. This is designed to ensure whoever is responsible for causing the accident is punished for their actions. For this reason, their actions must be deemed abhorrent, grossly negligent, reprehensible, or intentionally malicious as described under Tennessee Code § 29-39-104.
Not everyone who causes a car accident does so with malicious intent or egregiousness. Punitive relief only applies to individuals who show a blatant disregard for the safety or well-being of others. For example, if you were hit by someone who was under the influence of drugs at the time of the accident, you may be awarded punitive damages, especially if that driver has a history of DUIs or criminal convictions related to substance abuse or controlled substances.
Can I sue if I’m partly at fault for the accident?
It depends on how much fault you share. Tennessee follows modified comparative negligence rules according to the Tennessee Supreme Court’s Mcintyre decision. There is a 50% limit on the amount of blame you can share. If your percentage of blame is 50% or more, you will not have the right to recover compensation at trial. If it is less than the threshold, you should still receive a settlement, but at a rate that takes into account your percentage of liability.
To ensure you are held accountable for your portion of blame, the courts deduct your culpability from your award. For instance, if you were not wearing your seatbelt when the accident occurred, the judge might find you 20% at fault. Instead of receiving 100% of your award, you would only receive 80%. For this reason, it may be in your best interest to work with a reputable car accident attorney in La Vergne who can help protect you from false shared fault accusations.
Should I explain how the accident happened to the insurance company?
No, you should not try to explain how the car accident happened to the insurance company. Remember, you are not dealing with your insurance company – you are dealing with the liable party’s provider. The insurer will lose money by settling your claim, so insurance adjusters will be looking for reasons to reduce your payout.
If you say something that the insurer can use to reduce your compensation, you may find your insurance settlement lacking. Protect yourself and your right to an insurance settlement. Do not say anything to the insurance adjuster. Instead, give them our contact information so we can keep them informed, give them the facts about how your accident occurred, and hold them accountable to their financial responsibility in your claim.
How much longer do I have to file a claim?
You do not have a significant amount of time to file your car accident lawsuit. Your personal injury lawyer with Selvidge Injury Law must have your lawsuit filed within one year of the collision as described under Tennessee Code § 28-3-104. There are some situations where the statute of limitations could pause, but these are rare. If you do not file before time runs out, you will miss out on the opportunity to have your car accident case heard at trial.
Consult a Top-Rated Car Accident Attorney in La Vergne for Help Today
No matter what type of injury you were diagnosed with, if you have suffered extreme financial, physical, or emotional losses, you should not be stuck covering the costs if someone else is responsible. The greater the impact of your injuries or wrongful death, the more you may be entitled to in financial compensation. Do not let your recovery be held back by someone else’s negligence.
With Selvidge Injury Law’s unmatched legal guidance and support, you can get the most out of your claim. Turn to a respected La Vergne car accident lawyer from our firm to schedule your free, no-obligation consultation today. You can reach us through our confidential contact form or by phone to get started.