When a car accident is serious enough, it is common for it to end with an auto accident lawsuit. While there are many reasons for an auto accident case, one of the most common is you’re having trouble getting the compensation you need to pay for your medical expenses and to support you and your family until you are able to work again. However, if you’ve never been involved in a lawsuit before, it can be very stressful not knowing what to expect.
Fortunately, there are a few basic facts about car accident cases that can help you prepare and keep your stress level low. Learn about the process of an auto accident case and find out how you can win your suit with the help of a car accident attorney.
Who is At Fault in Your Case
Almost every state in the country decides car accident cases on the basis of fault. What this means, is that you’ll have to prove that another driver caused your accident and resulting injuries through either negligence or direct action. If you are successfully able to prove fault, you will be able to win your case and your compensation.
The first thing you must do to prove fault is to show that the other driver was responsible for keeping your safety in mind, which is an obligation that all drivers share. Second, you should provide proof that the other driver failed to keep you safe by driving their vehicle unreasonably. Lastly, but most crucially, you need to demonstrate that your accident caused injuries and that these injuries would have been avoided if the accident had not occurred.
When and How Fault Might Be Shared
In many circumstances, a court will not assign total blame to one driver, and will instead hold both parties partly accountable. This is known as shared blame. There are a few different types of shared blame, all of which can affect your compensation amount.
In contributory fault states, you must be completely blameless to receive any sort of compensation for your accident.
Pure comparative fault assigns a portion of blame to both drivers, and the amount of damages you receive will be based on your fault level. For example, if you were 30% responsible for your accident and your expenses were $15,000, you will be eligible to receive $10,000.
Tennessee uses what is known as modified comparative fault. In these states, if your responsibility for an accident is decided to be over 50%, you will not be entitled to any damages. If your share of responsibility is under 50%, your damages will be calculated in the same way as pure comparative states.
Proving Your Case
Since it’s so important in Tennessee to make sure you prove the other party has the majority of responsibility for your accident, it’s vital to have the right help in your corner. Insurance companies are experienced and clever at shifting blame, and you want to be sure you get the highest possible settlement for your injuries.
Don’t try to represent yourself, and never agree to or sign anything without first speaking to qualified legal counsel. It can be the difference between a major settlement and losing your case.
Contact an Auto Accident Attorney
Lawsuits can be very stressful, especially if you’re inexperienced, which is why you need to make sure your case is being handled by a car accident attorney from the McMahan Law Firm.
At the McMahan Law Firm, we are proud to help our clients with their important legal issues, including auto accident cases, and we are here to help you. Get in touch with us today.