Tennessee Car Accident Lawsuit
Should I File a Car Accident Lawsuit?
A Tennessee car accident lawyer is the best person to advise on whether or not your situation warrants a lawsuit. You can claim with an insurer to get compensation, but there are also good reasons to sue the at-fault driver or other negligent parties:
- The insurance company won’t pay or offers you less than you need or deserve.
- The limits on your insurance don’t cover all of your expenses.
- You suffered significant and serious injuries that are long-lasting or even permanent.
- The accident left you with a disability or disfigurement.
- The accident left you with serious emotional trauma.
- Your injuries have affected your ability to work, causing you to lose income.
- You may not be able to work again in the future at all or in the same job.
- A loved one died in the accident.
Talk to a lawyer before you make a decision. Car accident lawyers offer free case evaluations, so there is no risk and no cost to get some advice.
How Will My Lawyer Prove Negligence in a Lawsuit?
To recover damages in a lawsuit, your lawyer needs to gather enough evidence to show that the defendants caused your accident, injuries, and expenses through negligent behavior. They will need police reports, witness accounts, and expert testimony to show they caused the accident by doing something like running a red light.
Your lawyer will use medical expert testimony, your medical records and bills, and information about your ability to work as well. This kind of evidence will help show that the injuries the defendants caused have resulted in economic damages.
What Will Happen in My Tennessee Car Accident Lawsuit?
The process of filing and getting through a lawsuit in Tennessee is similar to other states. Your lawyer can explain the process and do most of the leg work. It’s best to be prepared to know what to expect every step of the way:
- Filing a complaint
The first step in a car accident lawsuit is to file a complaint in Tennessee courts. Your lawyer will know where to file and what the document should contain. It will notify the defendants and outline your allegations and what you hope to recover. - Build a case
Next, your lawyer will have a period of time known as discovery during which they will collect evidence to prove negligence and liability. They may investigate the accident, talk to witnesses, and hold depositions. - Try for a settlement
Trials are long and costly, so if possible, your lawyer will negotiate with the defendants’ lawyers to try to get you a fair, pre-trial settlement. Most civil lawsuits at this step, as both sides generally prefer to avoid a trial. - Litigating in court
If you can’t agree on a fair settlement, you can take the defendants to court. Your lawyer will present your case to a jury to prove negligence. The jury decides if the defendants are negligent, and if so, awards a damages amount to you. - Appealing
If you win the trial, the defendants can still appeal. They may ask a higher Tennessee court to review the case and overturn the jury verdict. Your lawyer will have to go to court to argue for the decision to stay.
What is My Case Worth?
The amount of damages awarded or settlement negotiated in a Tennessee car accident lawsuit depends on individual factors. Your lawyer will estimate an amount to seek by looking at:
- The extent of your injuries and any that are disabling or permanent
- Your medical bills
- Future expected medical costs
- Any lost wages or lost ability to earn a wage in the future
- Your emotional distress and other non-economic factors
If your case goes to trial, the jury will also consider these factors. The judge may reduce your jury award based on state law. Tennessee caps non-economic damages at $750,000 or $1 million for extreme cases.
Is There a Time Limit on Filing a Car Accident Lawsuit in Tennessee?
The time limit, known as the statute of limitations, in Tennessee is just one year. This law gives you only one year from the time of an accident to file a lawsuit. Make sure you talk to a lawyer as soon after an accident as you can to avoid missing this tight deadline.
Examples of Car Accident Lawsuits from Tennessee
Examples of other cases from the state help show you what other people have done to seek justice. These other lawsuits cannot predict what will happen if you file. They can show you the possibilities and what lawyers can do for their clients.
Police officer Destin Legieza died from injuries sustained in an accident that occurred in June 2020 in Franklin. Ashley Kroese struck his vehicle that night, driving the wrong way and without headlights. Her blood alcohol tested at 0.16. Legieza’s wife sued the bar that served Kroese. Surveillance footage shows bar staff helping her, clearly intoxicated, to her car. The bar agreed to settle for an undisclosed amount for the wrongful death.[1]
In another undisclosed settlement, the Diamound Brown received compensation for her son’s death in a bus crash. The incident occurred in 2016 in Woodmore and resulted in multiple injuries and six deaths, including that of D’Myunn Brown. The family sued the driver of the bus and Durham School Services. The company agreed to a settlement.[2]
Aaron and Lynetta Hill are suing Kia in a Tennessee court after losing their twin seven-year-old boys and suffering serious injuries in an accident in Winchester. Their vehicle was struck from behind by a driver of a Kia going 90 miles per hour. The Hills allege that Kia knew about defects in the car that, if corrected, would have prevented the accident. They are seeking $35 million for compensation and $60 million in punitive damages.[3]
These cases show just how serious the consequences of car accidents are. If you have suffered injuries or lost a loved one on the road, consider filing a Tennessee car accident lawsuit to get justice and to recover damages.