Car Accident Damages in Tennessee
Car accident damages in Tennessee are meant to compensate you for the full extent of a car crash’s impact on your life. You may secure these damages through an insurance claim or a personal injury lawsuit, depending on whether the insurance company is willing to negotiate for a fair sum.
A Tennessee car accident lawyer can help you explore your options and value your damages, ensuring you recover compensation that reflects the full impact of the losses.
What Damages Can You Recover After a Car Accident in Tennessee?
In Tennessee, car accident damages are categorized into economic, non-economic, and punitive damages. Common damages in Nashville car accidents include economic losses such as medical bills and lost wages, and non-economic losses such as pain and suffering and emotional distress.
Economic Damages
Designed to offset the financial stress caused by personal injuries, such as medical bills and lost income, economic damages are typically easier to quantify. They are limited to verified present costs and reasonably projected future expenses, which must be supported by documentation and expert testimony.
Medical Bills
These can include:
- Hospital stays
- Emergency room treatment
- Surgeries
- Physical therapy
- Ongoing medical care
- Rehabilitation
- Home health aides
- Assistive devices
- Medications
Lost Wages
If you had to take time off after a motor vehicle collision, the time you spent recuperating can be compensated. We will consider your average weekly wages and incorporate this into a demand letter.
Loss of Future Earning Capacity
In most cases, this is based on the assumption that you would have worked in the same job or occupation had you not been injured. We can seek damages for bonuses, overtime, and average wages that you would have earned in that position.
Property Damage
This can include vehicle damage, lost personal items, or phones and laptops.
Out-of-Pocket Costs
You can be compensated for out-of-pocket expenses such as hospital parking, gas for appointments, mobility devices, childcare or housekeeping, or hotel stays if you have to travel to specialists.
Non-Economic Damages
Non-economic damages refer to intangible losses that are harder to quantify, such as pain and suffering, emotional distress, and loss of enjoyment of life. In Tennessee, non-economic damages are capped at $750,000 for pain and suffering and other intangible losses, with a potential increase to $1 million for catastrophic injuries.
Pain and Suffering
Pain and suffering damages can include compensation for chronic physical pain, emotional distress caused by pain, anxiety, and the overall discomfort resulting from a car accident.
Emotional Distress and Mental Anguish
Car accident victims may suffer from Post-Traumatic Stress Disorder, anxiety about driving, depression about their injuries, or self-esteem challenges. These damages recognize that car accidents impact more than the body.
Loss of Enjoyment of Life
You can sue for loss of enjoyment of life, which can compensate you for the challenges you now face that may prevent you from enjoying everyday activities.
Scarring, Disfigurement, and Permanent Impairment
Car accident scarring and disfigurement damages recognize the social, emotional, and financial losses associated with visible scarring or changed appearance.
Loss of Consortium
Surviving spouses of those who died from fatal car accident injuries can sue for the loss of companionship, affection, and physical intimacy that comes from losing a partner.
Our Nashville wrongful death lawyers can incorporate loss of consortium into your wrongful death suit by showing how your loved one’s loss has changed the family dynamic. For unmarried victims, family members can sue for loss of companionship.
Punitive Damages
Punitive damages may be awarded in car accident cases if the claimant proves by clear and convincing evidence that the defendant acted maliciously, intentionally, fraudulently, or recklessly.
The difference between compensatory and punitive damages is that the former are intended to compensate the victim for emotional and financial losses, while the latter are intended to punish a grossly negligent driver.
For example, a wrongful death lawsuit involving a drunk driver may receive punitive damages because driving under the influence is known to severely increase the risk of severe injuries or death. A sober at-fault party who caused a minor rear-end crash is unlikely to have to pay punitive damages.
In Tennessee, punitive damages are capped at either $500,000 or double the compensatory damages awarded to the plaintiff, whichever is greater, subject to statutory exceptions.
How Are Damages Calculated in Tennessee Car Accident Claims?
In Tennessee car accident settlements or lawsuits, calculating damages after a car accident involves a comprehensive evaluation of economic and non-economic losses, including medical expenses, lost income, and pain and suffering.
To calculate pain and suffering damages, multiple factors must be considered, including the severity of the injuries and the impact on the victim’s daily life, often supported by expert witness testimony.
Tennessee follows a modified comparative fault system, allowing damage recovery if a party is less than 50% at fault, with reduced compensation depending on the percentage of fault.
To demonstrate fault-based car accident claims in Tennessee, assume an injury victim was hit in a left-turn crash, accruing $130,000 in damages. However, the plaintiff failed to signal that they were turning and was assigned 20% of the blame. This would mean that the plaintiff could receive, at maximum, $104,000.
How Long Do Victims Have to Recover Damages in Tennessee?
The statute of limitations for filing a claim for damages in Tennessee is typically 1 year from the date of the car accident (Tennessee Code § 28-3-104), a factor victims should consider when calculating their potential recovery.
Book a Free Consultation With an Experienced Car Accident Attorney
Our Nashville personal injury lawyers have helped hundreds of clients recover damages in car accident lawsuits.
Our Tennessee car accident lawyers can help by:
- Documenting medical expenses
- Calculating future care costs
- Proving lost income and reduced earning capacity
- Valuing non-economic damages
- Responding to comparative fault arguments
- Identifying additional insurance coverage
- Preparing settlement demands and lawsuits
We work on a contingency fee basis, which means no attorney’s fees unless we secure compensation for you. To schedule a free consultation with our attorneys, please call 615-255-9999 or use our online form.
FAQs
What evidence helps injured victims collect damages after a car accident in Tennessee?
Evidence that can help secure damages includes:
- Police reports
- Medical records to show medical expenses
- Pay stubs and wage slips to prove lost income
- Repair invoices for property damage
- Accident scene photos
- Accident reconstruction
- Surveillance, traffic, or dashcam footage
- Phone data, if distracted driving played a role
- Toxicology reports for DUI accidents
- Expert testimony about long-term impacts
- Witness statements
- Personal testimony and pain diaries
How do insurance requirements impact the value of a car accident claim?
Drivers in Nashville must carry minimum liability coverage, which includes $25,000 for bodily injury per person, $50,000 for bodily injury per accident, and $25,000 for property damage. (§ 55-12-102)
However, these Tennessee car insurance requirements are often not enough for very serious accidents. An experienced attorney can help find other compensation, like suing the other driver directly.
Do I need a car accident lawyer to negotiate with the insurance company?
A Nashville car accident lawyer can be invaluable for negotiating with the insurance company, as we will handle the claims process on your behalf. This lets you focus on recovering and ensures that you do not accidentally damage your claim. With over 75 years of combined legal experience, we have secured maximum damages for clients despite insurers issuing lowball offers.
