Brentwood, TN- Most motorists in Tennessee are going to have the bad luck of being in a car accident at least once. While most traffic accidents are mere fender benders that can be resolve quickly and all parties can move on, some accidents have tragic outcomes and leave the victims suffer severe and costly injuries. That is why it is important for accident victims in Tennessee to understand the state’s personal injury laws.
One thing every accident victim needs to know is the state’s statute of limitations, which limits the time an accident victim has to file a personal injury or wrongful death claim. In Tennessee, the statute of limitations for personal injury claims is one year from the date the injury or death occurred. That applies to any personal injury case whether it arises out of a traffic accident, medical malpractice or a slip and fall accident.
There are many critical deadlines an accident victim must meet if they want to have a successful injury claim, which is one of the many reasons why USAttorneys urges victims to retain an accident lawyer who is well-versed in the Tennessee’s personal injury laws.
Traffic accident victims in Tennessee may be eligible for compensation to cover their medical bills, rehabilitation costs, property damage or destruction of property and loss of wages. Some accidents are also eligible to recover damages associate with permanent or temporary disability and their mental anguish. Punitive damages may be appropriate in some cases, especially if the at-fault driver’s actions were considered grossly negligent or intentional. For instance, a motorist who was texting and speeding when they caused an accident may be ordered to pay punitive damages to their victims.
Another important point to note is that being partly at fault for an accident doesn’t exclude an accident victim from filing a person injury claim. Tennessee uses and a “modified comparative fault” standard which allows injury victims to recover compensation but reduces the settlement amount you receive by the amount of liability you take on.
For example, you were hit while trying to make a right turn and were seriously injured. You were rear-ended, so the other motorist was likely following too closely and would be considered mostly liable for your injuries. But because you failed to use your turn signal, a court could decide you were partly responsible and assign you 15 percent of the liability for the accident. Then the final settlement amount you receive will be only 85 percent of what you would have been awarded. Should court determines you are 50 percent or more responsible, your injury claim will almost always drops to zero and you won’t receive any compensation.
Tennessee also put limits the dollar amounts that can be awarded in personal injury and wrongful death claims. Non-economic damages in personal injury cases is capped at $750,000. If the victims lost a limb, was severely burned or was paralyzed non-economic damages are capped at $1,000,000.
Securing the amount of compensation you truly deserve requires you present a strong injury claim. This can be a greater challenge than many accident victims realize. If you want to obtain a generous settlement you need to retain one of our accident lawyers in Tennessee to work on your claim.

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