Chattanooga car accident lawyers are well-versed in Tennessee laws and Court decisions regarding when and how to seek certain “damages” for personal injuries.
When you file a lawsuit, or attempt to reach an out-of-court settlement with the insurers for other parties to an accident, you must understand the time limits involved. Chattanooga car accident lawyers will apprise you, among other issues, that:
- You have one year from the date of the accident to file suit.
- If more than a year has elapsed since your accident–and if you don’t offer good reasons–the Courts may “refuse to hear your case.”
If the other party (or his insurer) to your auto mishap declares that you were–at least partially–at fault, and a Tennessee Court rules that you were “somewhat” responsible for your own injuries, this Court will “apply a modified comparative fault rule” which can lessen, or abolish altogether, the monetary “damages” the Court initially awarded you. If you already won, for example, $20,000 for medical bills and lost wages, Chattanooga car accident lawyers may apprise you, also, that:
- The Court may decide you were 10%-40% at fault–even though the defendant made an illegal left turn in front of you– because one of your fog lights was out, and weather conditions at that time demanded you employ both your lights.
- Because the Court deemed you “less than 50% at fault,” you will recover some monetary damages, but not the entire amount initially awarded.
- Forty percent of the original $20,000 you sought will be subtracted from $20,000 to compute your final award.
Chattanooga car accident lawyers will also explain the extent of “non-economic damages” you can receive according to Tennessee statutes and rulings:
- Most non-economic damages–such as pain and suffering, inability to “provide intimate companionship” to your spouse, inability to enjoy travel because of nightmares about the accident, etc.–are capped at $750,000.
- If your injuries result(ed) in lost limb(s), disfiguring burns, paralysis and/or “death of a minor child’s parent (yourself),” you may receive up to one million dollars.