A Tennessee car accident lawyer will take multiple factors into account when assessing the damages in your case. You may be entitled to significant compensation after a crash. However, obtaining the recovery you deserve requires a comprehensive evaluation of your claim.
In Tennessee, there are two primary types of damages that can be recovered for injuries sustained in a car accident: economic damages and non-economic damages. The Haynes Firm has extensive experience advocating for those who have been injured in motor vehicle collisions through no fault of their own.
Call The Haynes Firm at 423-928-0165 today for a FREE evaluation with a Tennessee car accident lawyer. Or you can keep reading to learn what compensation you may be entitled to following a crash:
Economic damages consist of the quantifiable financial losses suffered as a result of a personal injury. They include your out-of-pocket expenses to date, as well as the costs you will face in the future.
Common examples of economic damages that may be recovered in a car crash claim include:
People often believe that they are only entitled to recovery of their medical expenses following a motor vehicle collision. As you can see, that is not the case. Your Tennessee car accident lawyer will add up all of the expenses to date and calculate any future losses to account for all of the economic damages in your claim.
The aftermath of a car crash isn’t limited to the effect on your finances; there are also a number of adverse physical, mental, and emotional impacts to consider. Victims need to be aware of their right to recovery of these losses (known as non-economic damages) as well.
Although they are known in legal circles as “non-economic damages,” a better description of these losses would be “intangible damages.” Ultimately, the intangible damages you may be entitled to in your car accident claim may include:
Just because intangible damages do not involve actual monetary losses does not make them any less “real.” A Tennessee car accident lawyer will assess all of the ways the crash has affected your life to ensure that your claim includes all available non-economic damages.
Multiple factors will need to be considered to arrive at an accurate value for pain and suffering damages. These include:
Expert witness testimony can help your attorney quantify these and other losses. Family members, friends, and other people in your life can testify as to the day-to-day effects of your injuries.
It is important to note that Tennessee caps non-economic damages in personal injury claims. Plaintiffs are generally limited to $750,000 for pain and suffering and other intangible losses, although up to $1 million in non-economic damages may be recovered in the event of a catastrophic injury:
One final category of damages may vainly be obtained in personal injury claims. The court may award a plaintiff punitive damages if it determined that the injury occurred because one or more defendants engaged in egregious conduct.
Punitive damages awards in Tennessee are not common because the threshold to qualify for them is intentionally high:
“Punitive damages may only be awarded if the claimant proves by clear and convincing evidence that the defendant against whom punitive damages are sought acted maliciously, intentionally, fraudulently or recklessly”– Tennessee Code § 29-39-104(a)(1)
If the court determines that the plaintiff has met the burden of proof, punitive damages will be limited to either $500,000 or double the compensatory damages awarded to the plaintiff—whichever is greater. A car crash attorney can determine if the defendant “acted maliciously, intentionally, fraudulently or recklessly” and pursue maximum compensation on your behalf.
Calculating the full extent of damages in your case is difficult to do on your own. You should be focusing on your health and recovery after the crash, not poring over bills and receipts.
It is in your best interest to have a Tennessee car accident lawyer evaluate the evidence and calculate damages on your behalf. Evidence that can support a claim for damages includes:
The insurance company will likely offer to settle your case for less than it’s worth. Your lawyer, meanwhile, will account for and pursue all damages to which you are entitled.
At The Haynes Firm, we know how the injuries from a car crash can affect you and your family. We make it our mission to recover all of the compensation you deserve so you can move forward with your life.
Our attorneys serve good people who have been hurt through no fault of their own. We calculate all compensable damages in your claim, represent you in settlement negotiations, and, if necessary, take your case to trial. You can count on us never to leave money on the table.
For a FREE evaluation, contact The Haynes Firm today. Our car accident lawyers serve clients in Johnson City and other areas of Tennessee.