After a crash in Tennessee, several factors may affect the value of a car accident claim. To have a better chance of getting compensation to pay your medical bills, car repairs, and lost wages, we recommend that you hire a personal injury attorney.
The attorneys at the Law Offices of Ogle, Elrod & Baril, PLLC, can help you understand the value of your claim and pursue the compensation you deserve after a car wreck. Contact us today at 865-546-1111 to arrange a free case evaluation.
What Factors May Affect My Car Accident Claim?
If someone else was at fault for your crash, you can file an insurance claim for compensation for the damages you suffered because of the accident. The value of the settlement you receive from the insurance company hinges on a variety of key factors.
Your Physical Injuries
Your physical injuries can increase the value of your claim. Car accidents can cause serious injuries affecting the head, back, neck, legs, knees, and other parts of the body.
An auto insurer will do whatever it can to deny an injury claim because the more severe the injury, the more compensation it may have to pay accident victims. This is why insurance companies will examine your medical records and try to challenge the legitimacy of your injuries after a crash.
When we gather evidence for an insurance claim or lawsuit, we include your doctor’s notes about your condition. When necessary, our law firm employs medical experts who give their professional opinion on the extent of your injuries, how your injuries impact your life now, and how they will impact you in the future.
Tennessee state law limits the amount of non-economic damages—like pain and suffering or emotional distress—you can recover after a crash. If you suffered a catastrophic injury, however, you may recover up to $1 million in non-economic damages. The state defines catastrophic injuries as:
- A spinal cord injury that results in paraplegia or quadriplegia;
- The amputation of two hands, two feet, or one of each;
- Third-degree burns covering at least 40 percent of the body or face; or
- The wrongful death of a parent with a surviving minor child.
Proof of Negligence
To build a solid insurance claim or lawsuit, you will need evidence proving the other’s driver’s negligence. If there is hard evidence in your case, it can help streamline the process of recovering compensation.
We can help you gather documentation such as:
- Police reports;
- Photographs of the accident scene;
- Eyewitness statements; and
- Traffic camera video.
We also work with specialists who recreate accident scenes and can show the role that negligence played in causing your crash.
Your Role in the Crash
If you share fault for the accident, an insurance adjuster or a court will reduce your amount of compensation. For instance, after a rear-end collision, the at-fault driver may claim they hit your vehicle because you did not use your turn signal, your brake lights were not operating properly, you changed lanes abruptly.
Tennessee’s comparative negligence law applies to these instances. Under this law, you will receive a reduced settlement award based on your percentage of fault.
Your Statements About the Crash
Your involvement in an accident means several parties may request a statement regarding what happened. If you provide a statement to an insurance adjuster, they will pick apart each detail and compare it with the at-fault driver’s version of the crash, the statement you gave police, and eyewitnesses’ account of what happened. If your version changes too much, an insurance adjuster will use this to reduce your award or deny your claim.
That is why we recommend speaking with an attorney before providing a statement about your accident. Offering up your version of events early on in the process can make it harder to collect compensation.
How Can I Get Help With My Car Accident Claim?
At the Law Offices of Ogle, Elrod & Baril, PLLC, our knowledgeable personal injury lawyers focus on collecting evidence that will make a strong accident claim to submit to an insurance company.
We work on a contingency basis, which means you do not pay for our services unless we recover a financial settlement for you. Contact us at 865-546-1111 to schedule a free case evaluation.