What Passengers Need to Know About Filing a Lawsuit After an Accident
As a passenger, you may sustain serious injuries that restrict your mobility and prevent you from working for weeks or even months. While your first step will likely be to file an insurance claim, Tennessee law allows you to pursue legal action. In many cases, a personal injury lawsuit enables you to seek maximum compensation. This compensation covers medical expenses, lost income, and pain and suffering. Understanding how to protect your claim is essential to recovering the amount you deserve. Below, our Nashville car accident attorneys outline key information for passengers considering a personal injury lawsuit in Tennessee.
You Should Seek Medical Care Immediately and Continue Treatment
To build a compelling car accident case, seek medical attention immediately. Even if your injuries appear minor, be evaluated by a healthcare professional. Prompt treatment documents the seriousness of your injuries and demonstrates that you acted to limit additional harm.
Continue treatment if your doctor advises. Ongoing care provides additional evidence supporting the severity of your injuries. This increases your chances of a larger settlement or award. Strictly follow your physician’s instructions, including discharge directives, to prevent the other party from arguing that you contributed to worsening your health.
Do Not Discuss Your Accident with Either Party (Or Their Insurer)
Even if you feel tempted, do not discuss your case with your driver or the other driver. Let your attorney manage all communications on your behalf. Although the defendant is named in Tennessee car accident lawsuits, their insurer usually pays if you prevail. The at-fault driver’s insurer has a vested interest in the case’s outcome and may ask for a recorded statement. Do not provide information; direct all inquiries to your attorney.
You Have One Year to File a Personal Injury Suit in Nashville
If your injuries exceed the at-fault driver’s liability limits, liability is being disputed, or negotiations are at a standstill, you may consider litigation. Under TN Code § 28-3-104, there is a one-year statute of limitations for personal injury claims. This includes auto accident claims. While there are exceptions to this law, you should discuss your case immediately with an attorney following your accident to determine the best course of action.
Noneconomic Damages are Capped in Tennessee
You may recover economic damages, such as lost income, medical bills, and other direct losses, but noneconomic damages are capped at $750,000. Non-economic damages cover intangible losses that lack a direct monetary value. In car accident cases, this includes pain and suffering, disfigurement, scarring, and emotional distress. The cap increases to $1 million for catastrophic injuries or if the negligent driver was intoxicated. Catastrophic injuries include paralysis, major burns, or amputations. Medical documentation is vital to prove your injuries meet these criteria.
Strict Deadlines Will Apply
If you decide to pursue legal action, strict deadlines will apply to court paperwork. These deadlines apply to pleadings (court papers that initiate a lawsuit), discovery (the formal exchange of information between the parties), and the filing of motions. Working with a car accident lawyer will ensure that you adhere to these deadlines. Additionally, a car accident attorney will prepare all relevant paperwork to submit to the court, taking this stress off your shoulders.
Speak with Our Nashville Car Accident Attorneys At Your Earliest Convenience
As a passenger, you deserve to seek the compensation you need for your injuries after an accident. Don’t settle for less than what you are owed—take the first step to reclaim your medical expenses, lost wages, and other damages. At Raybin & Weissman, we are committed to fighting for your rights and ensuring you obtain maximum compensation. Reach out to our experienced Nashville car accident lawyers today to schedule your free consultation. Contact us online or by phone at (615) 256-6666 and take control of your recovery now.