Car Accident Lawyer in Johnson City, TN

If you were in a car accident in Johnson City, you may be feeling overwhelmed as you deal with the costs of property, medical, or other damages.

The Johnson City car accident lawyers at the Law Offices of Ogle, Elrod & Baril, PLLC can help you file an accident claim against the at-fault driver’s insurance company or the driver himself to recover damages. Call us today at 865-546-1111 for a free case evaluation.

What damages can I recover after an accident?

You may recover compensation for all the damages that you have faced or will face as a result of your car accident. These compensatory damages can include:

  • Medical bills, rehabilitative care, long-term care, and home or vehicle modifications in the case of disability;
  • Loss of income from work as a result of the accident;
  • Pain and suffering damages; and
  • Wrongful death damages.

Some states, including Tennessee, have a cap on the total amount of non-economic damages you can recover, such as for pain and suffering. The state caps these damages at $750,000. There are, however, exceptions to this cap. If you suffered a catastrophic injury, such as a spinal cord injury or severe burns, the state increases the cap to $1,000,000. The state will waive the cap entirely if the guilty party had intent to inflict injury, was under the influence of drugs or alcohol, or was breaking the law at the time of the accident.

In the case of a wrongful death, there are specific damages that you can pursue. Typically, these damages include the amount that the person would have earned over his or her lifetime. If the deceased was a spouse, you can pursue additional damages, such as for loss of companionship or loss of a parent to a child.

Calculating your damages can be a complicated process. Sometimes, the full impact of your injuries is not apparent until much later. Our car accident attorneys offer skilled estimates of the amount of compensation you need to recover financially. We will sift through your medical bills, repair bills, employment records, and seek expert testimony to establish the dollar amount you deserve.

How is fault determined after a car crash?

We can consult crash-related evidence to determine who was at fault for the crash. If the other driver acted negligently or broke the law, he was likely at fault for the accident and is liable for your damages.

If you were partially at fault for your crash, you may still be able to collect compensation. Tennessee uses the modified comparative negligence rule in determining damages for any personal injury case. This means that an injured party may collect damages, as long as he was less than 50% at fault for the accident. It also means that the money he will receive is offset by his share in the fault for the accident.

For example, if a driver was in a car accident and incurred $10,000 in total damages, but was 20% at fault for the crash, he will receive a reduced amount of $8,000.

How do I recover damages?

To recover damages after a car accident, you can file a claim with the at-fault driver’s insurance company. Tennessee is a fault state, which means that the at-fault driver’s insurance should pay for your damages resulting from a car accident.

Dealing with insurance companies can be difficult. Most will underestimate the amount of damages owed after a crash or will try to deny responsibility altogether. Our lawyers can handle the claim-filing process for you. We know how to deal with insurance companies so you get the compensation you need.

If the at-fault driver is underinsured or uninsured or if their policy limit is not high enough to cover your damages, you may need to file a lawsuit to receive adequate compensation.

In Tennessee, personal injury victims typically have one year from the date of the accident to file a lawsuit. If a loved one died in your accident, you have a one year from the date of their death to file a wrongful death suit. If you are filing a property damage suit, the timeline is three years from the date of the accident.

That is why it is essential to contact our firm today. Our lawyers can begin gathering evidence immediately so we can file your suit on time.

How can an attorney help my case?

Our lawyers have years of experience helping car accident victims recover damages for their injuries. We can prove your account of what happened by collecting detailed information regarding your accident, like the police report, eyewitness statements, security camera footage, and accident reconstruction testimony. We can also collect evidence of the surroundings of the accident, including any road hazards or skid marks, before a state or local agency makes repairs. 

This evidence will help us build a comprehensive picture of your case and to meet the burden of proof regarding the other party’s liability. We can also help you review the facts in your case and piece together a strategy that will bring you the most compensation you deserve.

Car accident suits can be complex and involve strict deadlines and procedures. Attempting to litigate this type of suit on your own can put you at a disadvantage against a party with legal counsel.

At the Law Offices of Ogle, Elrod & Baril, PLLC, we understand how stressful a car accident can be. We can give you an honest assessment of your case and help you build a strategy to minimize the financial impact your accident has had on you.

We offer free consultations and representation on a contingency basis, so we only collect our fee if we help you win your case. Call us today at 865-546-1111 to schedule your consultation.