In 2014, 237,941 people were injured in motor vehicle accidents in Tennessee. In that year, 3534 people died of road accidents, which was 3.70 percent more than the previous year. According to the MTA in Nashville, a person gets killed in road accident in every 2 hours and 29 minutes and a person gets injured from a road accident in every 2 minutes and 13 seconds. From 2010 to 2012, Taxes was the state with the highest number of road accident fatalities in the United States. So, road accident is a very common issue in Tennessee. As road accidents can be really fatal and can cause death, personal injury and property damage, you as a Tennessee citizen need to know how you can recover your damages from a road accident.
Laws and Legislations Regarding Personal Injury Claims in Tennessee
Like many other states in the United States, the time limit in personal injury lawsuits in Tennessee is 2 years. That means you have to file the lawsuit against your insurance company or the other driver or his or her insurance company within 2 years of the accident. This period is known as the statute of personal injury.
In Tennessee, the modified competitive negligence rule applies. Under this rule, the amount of compensation you should receive for the damages will be reduced by an amount which is equal to your percentage of fault and you will not be able to collect any compensation if you are responsible for more than 50 percent of the fault. For example, if you are responsible for 25 percent of the fault and your damages add up to $20,000, it will be reduced by 25 percent ($5000) due to your share of the fault. If you are responsible for 51 percent of the fault, you will not able to get any compensation for your damages.
In Nashville Tennessee, non-economic damages such as pain and suffering are limited to $250,000 per defendant and $500,000 overall. On the other hand, for medical malpractice cases involving any wrongful death in Tennessee, there is a cap that is indexed for inflation. In 1977, it was $500,000 but not it is over $1.9 million.
Benefits of Hiring an Attorney Right after a Car Accident
It is not necessary to hire a Nashville car accident attorney every time you are involved in a car accident because you yourself may be able to complete the process of recovering from the damages without doing much. After the accident, you can simply report your insurance company and file the car accident injury or other damage claims. It can be smooth sometimes but most often it gets complicated. So, when you find the case is getting complicated or you feel you yourself may not be enough to deal with the issues involved, you should consult an attorney. An attorney representation will help you make the right assessment of your personal injuries and other damages, make complaints to the state departments of insurance if you do not agree with the amount your insurance company says your claim worth.