How Much Money Can You Get From a Car Accident
The average car accident settlement offer in the United States is $19,000, but how much money you can get from a car accident depends on the specific circumstances.
Working with a car accident attorney from Grissim & Waterman can help you receive fair compensation so that you can recover in comfort. Contact us today to learn how much you can receive from a car accident claim.
Average Settlement Amount in Tennessee
The average car accident settlement in Tennessee typically ranges from $15,000 to $75,000, but how much compensation you receive depends on the severity of the injuries and property damage. Minor injury settlement offers range between $10,000 to $25,000. For moderate injuries, victims may receive somewhere between $25,000 to $75,000.
Catastrophic injury or wrongful death claims can range from $75,000 to several hundred thousand dollars, depending on the specifics of the case. A Nashville personal injury lawyer can determine how to categorize your injuries so that you receive a fair settlement.
Why a Nashville-Specific Valuation is Crucial
When considering how much your injury case is worth, understanding the local court and healthcare system is essential to securing fair compensation.
Nashville car accidents can be more expensive than in other Middle Tennessee areas, as Nashville for-profit hospitals charge some of the highest medical bills in the country. However, Davidson County juries tend to award more moderate amounts than rural Tennessee juries. Our personal injury lawyers can fight to ensure you receive fair settlement that considers all of the factors relevant to a Nashville car accident claim.
Key Factors That Determine Your Settlement Value
The main factors that determine settlement value are the total cost of medical expenses, lost wages, property damage, and pain and suffering. Insurance companies will also consider whether you have continued seeking medical treatment and whether you are able to return to work after an auto accident.
The Direct Impact of Injury Severity on Your Claim
Victims with catastrophic injuries, such as traumatic brain injuries, will receive more than those with minor injuries like soft tissue injuries. This is because those with more severe injuries will likely have significant future lost wages and long-term medical costs, such as rehabilitation or adaptive equipment.
The Importance of Consistent Medical Treatment
Visiting the doctor regularly can impact your potential settlement value. If the at-fault driver’s insurance company sees that you are not receiving regular medical treatment, they may argue that you weren’t seriously injured and deny your claim. Always follow your doctor’s instructions and continue to gather your documentation, such as post-visit reports and referrals to specialists.
How We Calculate Damages After a Nashville Car Accident
To calculate your potential settlement value, we’ll add two types of damages: economic damages and non-economic damages. These are sometimes also called specific and general damages.
Economic Damages
These damages cover all the actual financial damages you’ve suffered due to the car accident, including:
- Past and future medical expenses
- Lost wages
- Diminished earning capacity
- Property damage
Non-Economic Damages
These damages, also called general damages, focus on how your life has changed after an accident and can include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Our car accident attorneys often use what is called the multiplier method to calculate these damages. To use the multiplier method, we take your special damages and multiply them by a number between 1.5 and 5. Car accident victims with severe injuries may have their damages multiplied by 4, while wrongful death claims may be multiplied by 5.
The Critical Role of Your Medical Records
Medical records are a crucial aspect of a personal injury claim, as they prove you were injured and help calculate what future medical expenses you may have. Ongoing treatment also demonstrates that your injuries have a continuing impact on your life and better justify a settlement.
Our attorneys will use these records to identify the full cost of your treatment, including out-of-pocket expenses like mobility aids. We will also consult with your doctors to identify what future needs you will have.
How Tennessee’s “Comparative Fault” Law Affects Your Payout
Tennessee law uses modified comparative fault, also known as the 49% rule. You can sue for damages if you are considered no more than 49% responsible for the accident, but you may not receive maximum compensation. Having strong legal representation ensures that you’re not unfairly blamed for your accident.
The Impact of Policy Limits on Your Insurance Claim
Insurance coverage limits often play a role in how much you can receive. Most policies have caps on bodily injury and property damage, which may be lower than your actual medical costs. This is especially true if you suffered severe injuries that limit your ability to work or that require a long recovery time.
You may be able to secure part of the difference between these policy limits and your actual damages if you have underinsured motorist coverage. We will look for all available compensation options, whether that is commercial insurance for a truck accident or your own policy.
Rejecting the Insurance Company’s First Lowball Settlement Offer
Insurance companies do not want to pay the full cost of your accident, so they will push you to settle for their first offer. This offer is often far lower than what your case is really worth, making it crucial to consult with a skilled personal injury lawyer before signing any agreement.
Our team will help you through the insurance claims process and advise you on what a reasonable settlement amount is for a case like yours, ensuring that you’re not taken advantage of by insurers.
Special Considerations for Wrongful Death Cases
A fatal Nashville car accident is devastating for families on both a personal and financial level. Grieving loved ones are left with high medical expenses, loss of financial support, and burial expenses on top of losing a family member.
Our attorneys handle all third-party communications so that you can focus on healing. We will accurately evaluate medical bills, past and future lost wages, and funeral and burial expenses. As with other personal injury cases, we will also evaluate general damages such as grief, loss of consortium, and loss of companionship.
Why You Need an Experienced Nashville Car Accident Lawyer
An experienced personal injury attorney ensures you are treated fairly by insurance companies and that all factors are considered in your final settlement amount. The legal system can be complex, but we help our clients navigate every aspect while representing their best interests.
We will gather strong evidence to support your claim, including medical reports, police reports, witness statements, and surveillance footage that shows how the accident occurred. This prevents insurers from using comparative fault against you, such as claiming you were the primary liable party.
Next, we accurately evaluate all damages so we craft a strong demand letter. Everything, from future medical needs to loss of future income, will be incorporated into this first request.
From there, we begin negotiations, providing strong evidence and consulting with you about what sum you feel is fair. While you are in charge of how much you are willing to accept, we’ll provide you with a second opinion based on our years of experience.
Many cases settle out of court, as it is faster and more affordable than filing a lawsuit. However, some cases have multiple parties involved or more complicated legal questions. In this case, we will file a lawsuit with the Davidson County Circuit Court and represent you during the trial.
Negotiating and filing claims can be complex, especially as Tennessee has only a one-year statute of limitations. We handle all this paperwork for you so that you can prioritize healing rather than documentation.
What Makes Our Law Firm the Best Choice to Fight for Your Fair Compensation?
Nashville car accident victims need compassionate local representation. We have decades of experience in the Nashville court system, giving us a deep understanding of how local insurance adjusters and defense attorneys handle cases like yours. This enables our law firm to push for fair compensation that covers all your needs, not just medical bills.
With a proven track record of success and hundreds of satisfied clients, we are known for our personalized approach to personal injury. Our team will handle third-party communications and provide you with regular updates while still respecting your privacy. You can always contact us with any questions you have, and we’ll take the time to address your concerns. We are here for you, whether you had a minor fender-bender or a major accident.
Frequently Asked Questions About the Average Settlement for a Car Accident
How Is Pain and Suffering Calculated in a Tennessee Car Accident Case?
Insurance companies use what is called a damages and compensation formula, which includes both special and general damages. Special damages include things with hard financial costs, like medical expenses, while general damages include physical pain and suffering.
In many cases, insurance companies will multiply the special damages by a number between 1.5 and 5 to decide how much you should receive.
If your case goes to trial, the jury will decide how much pain and suffering damages to award you. There is no hard and fast rule to calculating pain and suffering, though people with more severe injuries will often receive more.
Will I Have to Pay Taxes on My Car Accident Settlement?
This depends on what type of damages you are awarded. Compensatory damages, like for future medical bills, are typically not taxable. Punitive damages, which are meant to punish the negligent party, are considered separately and may be taxable.
Does Having Pre-Existing Injuries Affect My Settlement Amount?
Pre-existing injuries should not affect your settlement value based on the eggshell skull rule, which means that insurance adjusters must take a car accident victim as they are. However, insurance companies often try to claim your injuries were pre-existing, which is why it’s crucial to work with an experienced legal team.
What Is the Maximum You Can Sue for a Car Accident?
Tennessee law has a cap on general damages, so the maximum compensation for emotional distress, loss of enjoyment of life, and other general damages is $750,000 (§ 29-39-102). There is no legal cap on lost wages or medical bills, but insurance agencies may have their own policy limits.
Don’t Guess What Your Case Is Worth
Tennessee’s statute of limitations for personal injury lawsuits is just one year (§ 28-3-104), making it crucial to contact a personal injury attorney right away. Our team will evaluate your damages and seek compensation on your behalf so that you can focus on getting back to your normal life.
Contact Grissim & Waterman for a Free Case Valuation
If you’ve been injured in a car accident, we are here to help. Contact our Nashville law firm for a free consultation by calling 615-255-9999 or using our online contact form. We work on a contingency fee basis, meaning you owe us nothing unless we win your case.
