Economic damages should compensate you for your lost wages if you are unable to work for an extended period.
When you are injured in an accident, all that matters to you is getting expert treatment and making a full recovery. Yet, this takes money, an awful lot of money if you sustain severe injuries such as spinal cord damages, head injuries or you lose a limb. At this point, you’ll be wondering what sort of damages you can recover under Tennessee law. No two accidents are the same, so if you want to know how much your claim might be worth you should get in touch with a good Tennessee accident lawyer. You should get legal advice before talking to an insurance claims adjuster because you can bet the settlement they’ll be offering you will be considerably lower than what you truly deserve.
What sort of damages can I claim after an accident in Tennessee?
If you are injured in an accident caused by someone’s negligence, such as a motor vehicle accident, a boating accident, medical malpractice, slip and fall or nursing home abuse, you need to file a personal injury claim. The same goes for any damage caused by the use of a defective product, category which includes prescription medications.
Economic damages refer to the financial losses associated with your injuries. The settlement should cover your medical expenses, including trips to the ER, medications and rehabilitation programs. Also, you need to be compensated for property damages, such as the cost of replacing or fixing your car, and this includes the value of any important items in your car that might have been damaged in the crash. Last, but not least, the economic damages should compensate you for your lost wages if you are unable to work for an extended period.
If you talk to an experienced accident lawyer in Nashville, they will advise you against settling too soon. You need to know when and if you’ll make a full recovery, what treatments might be necessary in the future and whether you’ll be able to resume your old job or you’ll be forced to take a lighter one, which might pay less.
Non-economic damages are more difficult to calculate as they are meant to compensate you for your pain and suffering. This is where an accident lawyer with many years of practice in this field can be of great help. They have a good understanding of how such damages are calculated and they can look up legal precedents to see how similar cases were settled.
If your case goes to trial, you may be able to claim punitive damages as well. These are awarded when the party at fault acted with gross negligence or their conduct is deemed egregious.
How long do I have to file a claim?
Under Tennessee law, the statute of limitations for a personal injury claim is one year from the date of the accident. If you miss the deadline, you probably won’t be able to recover any damages.
One year might seem like a lot of time, but you should talk to a lawyer as soon as possible because they will need time to conduct their own investigation into the matter. Such an investigation is vital in those cases where the circumstances of the accident are unclear and your lawyer must gather enough evidence proving that the party at fault had a duty of care to you and they breached that duty, which led to the accident. In legal terms this is called proving negligence and it’s the basis of any personal injury claim.