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Traffic accidents cause more personal injuries than any other type of accident both in Tennessee and across the United States. Many of these motor vehicle collisions, unfortunately, have long-lasting or even lifelong repercussions for those involved. Even if you have good insurance, getting the compensation you deserve for all past and future consequences of a wreck can be difficult to manage on your own.
Fortunately, a Red Bank car accident lawyer is available to provide the assistance you need to secure a positive case resolution. From establishing fault for your injuries to demanding comprehensive compensation for all your losses, a dedicated personal injury attorney at our firm could be a steadfast and tenacious ally throughout your legal proceedings.
No matter how severe a plaintiff’s losses are, they generally cannot hold another person liable to pay for them unless they can prove that the other individual was legally negligent. In civil litigation, “negligence” has four components, all of which must be present for a case to proceed:
As a knowledgeable legal professional could affirm, a “breach of duty” does not necessarily have to be an overtly illegal act like running a red light or turning without signaling to justify car accident litigation in Red Bank. A person who carelessly fails to check for other vehicles before merging or simply loses concentration while driving could bear liability for an ensuing wreck just as much as someone ticketed for a traffic violation.
By the same token, though, any negligent behavior by a plaintiff that directly contributes to causing their own injuries could lead to a proportional reduction of their final damage award’s value based on their percentage of total fault. Furthermore, any plaintiff who bears an equal or greater share of total fault compared to all defendants combined is usually ineligible to recover any compensation whatsoever.
In Tennessee, people involved in car crashes can seek financial recovery through their own car insurance coverage, by filing a claim against the coverage held by the at-fault driver, or by filing a third-party lawsuit directly against the negligent individual. Pursuing legal action can be vital to recovering for damages that insurance typically does not cover such as lost work income and physical pain, as well as long-term losses of earning capacity, consortium, and enjoyment of life.
Importantly, though, Tennessee Code §29-39-102 only allows personal injury plaintiffs to recover a maximum of $750,000 for non-economic damages unless they sustained a “catastrophic” injury as defined by this statute, in which case the cap increases to $1,000,000. Additionally, as a Red Bank car wreck attorney could explain, the one-year filing deadline set by TN Code §28-3-104 applies regardless of how long the effects of an accident will continue to negatively impact an injured person afterwards.
Car crash litigation can be challenging to effectively pursue even when fault for an accident is fairly obvious and supported by extensive evidence. In more subjective situations, support from skilled legal counsel can be vital to achieving any recovery at all, let alone compensation for all past and future losses stemming from a traumatic motor vehicle wreck.
Virtually anyone involved in an auto collision could benefit from an experienced Red Bank car accident lawyer’s guidance. Call today to learn more.