Your Dunlap Personal Injury Lawyer

Non-economic damages compensate for the physical and emotional toll an injury takes on your life. While these losses are not tied to bills or receipts, they are often a significant part of your claim.

Common non-economic damages you may be entitled to compensation to:

• Pain and suffering—physical pain and discomfort caused by your injuries.
• Emotional distress—anxiety, depression, or trauma resulting from the accident.
• Loss of enjoyment of life—inability to participate in activities or hobbies you once enjoyed.
• Loss of consortium—the impact your injuries have on relationships with your spouse or family.

In some cases, though rare, Tennessee law allows for punitive damages to be applied. These are not meant to compensate you for your losses, but instead to punish the at-fault party for especially reckless or intentional behavior and deter similar conduct in the future.

Punitive damages may be awarded if the defendant acted with:

• Intentional misconduct
• Fraud
• Malice
• Reckless disregard for the safety of others

Tennessee generally places limits on punitive damages, but exceptions may apply depending on the circumstances. These claims require strong evidence and experienced legal representation. And, again, this is rare.

If you lost a loved one due to someone else’s negligence, additional damages may be available, including:

• Funeral and burial expenses
• Loss of financial support
• Loss of companionship and guidance

In Tennessee, you generally have 1 year from the date of your injury to file a personal injury claim. This is known as the statute of limitations, and it is one of the shortest deadlines in the country.

If you miss this deadline, you will likely lose your right to pursue compensation.

Because of this strict time limit, it’s important to act quickly. Speaking with a personal injury lawyer as soon as possible can help ensure your claim is filed on time and properly handled from the start.

If you’ve been injured in an accident, you should:

1. Seek medical attention immediately
2. Document the scene, your injuries, and any property damage, if able
3. Get contact information from witnesses and involved parties
4. Avoid speaking with insurance adjusters alone
5. Contact a personal injury lawyer

Taking the right steps early can help protect both your recovery and your ability to pursue full compensation.

You are not required to hire a lawyer, but having one significantly improves your chances of a more favorable outcome.

Insurance companies are focused on protecting their profits, not paying you what your case is truly worth. Without legal representation, you may be pressured into accepting a low settlement, make statements that could hurt your claim, or make mistakes in the legal process that leave you ineligible to receive compensation at all.

At The McMahan Law Firm, there are no upfront costs to hire us. We work on a contingency fee basis, which means you don’t pay anything unless we win your case.

Our fee is a percentage of the compensation we recover for you. If we don’t win, you don’t owe us anything.

This allows you to get experienced legal representation without worrying about out-of-pocket expenses while you’re already dealing with medical bills and lost income.

The vast majority of personal injury cases are resolved through settlements without ever going to court. Insurance companies often prefer to settle claims to avoid the time and expense of a trial. However, if the insurance company refuses to offer a fair settlement, your case may need to go to court.

At The McMahan Law Firm, we prepare every case as if it will go to trial—this strengthens your position during negotiations and ensures we’re ready to fight for you if needed. You can feel confident knowing that whether your case settles or goes to court, we will be fully prepared to pursue the best possible outcome.

You may still be able to recover compensation, even if you were partially at fault.

Tennessee follows a “modified comparative fault” rule, which means:

• You can recover damages as long as you are less than 50% at fault
• Your compensation will be reduced by your percentage of fault

For example, if you are found to be 20% at fault, your total compensation would be reduced by 20%. So if your total compensation amount is $100,000, but you’re determined to be 20% at fault, you would receive $80,000.

The timeline for a personal injury case can vary depending on the complexity of the accident, the severity of your injuries, and whether the case settles or goes to trial.

Simple cases may resolve in a few months, especially if liability is clear and injuries are straightforward. Highly complex cases—particularly those involving serious injuries, disputed fault, and/or multiple parties—can take a couple years or more.

An important note: It’s important to not rush the process. Settling too early, before you understand the full extent of your injuries, can result in less compensation than you actually need.

In a Tennessee personal injury case, you may be able to recover compensation for both financial losses (economic damages) and the personal impact of your injuries (non-economic damages).

Common types of damages include:

• Medical expenses (current and future treatment)
• Lost wages and reduced earning ability
• Pain and suffering
• Emotional distress
• Property damage

In more serious cases, you may also recover compensation for long-term care needs or permanent disabilities. If the accident resulted in a fatality, certain wrongful death damages may be available to surviving family members.

The exact damages available will depend on the details of your case, which is why it’s important to have an experienced lawyer properly evaluate your claim.

You should be cautious before accepting any settlement offer from an insurance company, especially if it’s early in the process.

Initial offers are often much lower than your case is actually worth. Insurance companies may try to settle quickly before you fully understand the extent of your injuries, future medical needs, or long-term financial impact.

Once you accept a settlement, you typically cannot go back and ask for more compensation, even if your condition worsens.

Before accepting any offer, it’s important to have a personal injury lawyer review your case. An attorney can determine whether the offer is fair and negotiate for a higher settlement if needed.